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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Reported in Senate (RS)]

                                                        Calendar No. 81
112th CONGRESS
  1st Session
                                S. 1254

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2011

Mr. Levin, from the Committee on Armed Services, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
     To authorize appropriations for fiscal year 2012 for military 
    activities of the Department of Defense, 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 ``Department of Defense Authorization 
Act for Fiscal Year 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Scoring of budgetary effects.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.
                       Subtitle B--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and 
                            common cockpits for Navy MH-60R/S 
                            helicopters.
                     Subtitle C--Air Force Programs

Sec. 131. Procurement of advanced extremely high frequency satellites.
Sec. 132. Availability of fiscal year 2011 funds for research and 
                            development relating to the B-2 bomber 
                            aircraft.
Sec. 133. Availability of fiscal year 2011 funds to support alternative 
                            options for extremely high frequency 
                            terminal Increment 1 program of record.
Sec. 134. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 135. Limitation on retirement of U-2 aircraft.
               Subtitle D--Joint and Multiservice Matters

Sec. 151. Inclusion of information on approved Combat Mission 
                            Requirements in quarterly reports on use of 
                            Combat Mission Requirement funds.
Sec. 152. F-35 Joint Strike Fighter aircraft.
Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform 
                            Act of 2009 measures within the Joint 
                            Strike Fighter aircraft program.
Sec. 154. Multiyear procurement authority for airframes for Army UH-
                            60M/HH-60M helicopters and Navy MH-60R/MH-
                            60S helicopters.
Sec. 155. Designation of undersea mobility acquisition program of the 
                            United States Special Operations Command as 
                            a major defense acquisition program.
Sec. 156. Transfer of Air Force C-12 Liberty Intelligence, 
                            Surveillance, and Reconnaissance aircraft 
                            to the Army.
Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-
                            engining program.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Prohibitions relating to use of funds for research, 
                            development, test, and evaluation on the 
                            F136 engine.
Sec. 212. Limitation on use of funds for Increment 2 of B-2 bomber 
                            aircraft extremely high frequency satellite 
                            communications program.
Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike.
Sec. 214. Marine Corps ground combat vehicles.
                  Subtitle C--Missile Defense Matters

Sec. 231. Enhanced oversight of missile defense acquisition programs.
Sec. 232. Ground-based Midcourse Defense Program.
Sec. 233. Missile defense cooperation with Russia.
                          Subtitle D--Reports

Sec. 251. Extension of requirements for biennial roadmap and annual 
                            review and certification on funding for 
                            development of hypersonics.
                       Subtitle E--Other Matters

Sec. 261. Contractor cost-sharing in pilot program to include 
                            technology protection features during 
                            research and development of certain defense 
                            systems.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
            Subtitle B--Energy and Environmental Provisions

Sec. 311. Modification of energy performance goals.
Sec. 312. Streamlined annual report on Defense Environmental Programs.
Sec. 313. Payment to Environmental Protection Agency of stipulated 
                            penalties in connection with Jackson Park 
                            Housing Complex, Washington.
Sec. 314. Requirements relating to Agency for Toxic Substances and 
                            Disease Registry investigation of exposure 
                            to drinking water contamination at Camp 
                            Lejeune, North Carolina.
Sec. 315. Discharge of wastes at sea generated by ships of the Armed 
                            Forces.
                 Subtitle C--Workplace and Depot Issues

Sec. 321. Minimum capital investment for certain depots.
Sec. 322. Limitation on revising the definition of depot-level 
                            maintenance.
Sec. 323. Designation of military industrial facilities as Centers of 
                            Industrial and Technical Excellence.
Sec. 324. Report on depot-level maintenance and recapitalization of 
                            certain parts and equipment.
                          Subtitle D--Reports

Sec. 331. Study on Air Force test and training range infrastructure.
Sec. 332. Study on training range infrastructure for special operations 
                            forces.
Sec. 333. Guidance to establish non-tactical wheeled vehicle and 
                            equipment service life extension programs 
                            to achieve cost savings.
Sec. 334. Modified deadline for annual report on budget shortfalls for 
                            implementation of operational energy 
                            strategy.
                       Subtitle E--Other Matters

Sec. 341. Extension of authority for Army industrial facilities to 
                            enter into cooperative agreements with non-
                            Army entities.
Sec. 342. Working-capital fund accounting.
Sec. 343. Commercial sale of small arms ammunition and small arms 
                            ammunition components in excess of military 
                            requirements, and fired cartridge cases.
Sec. 344. Authority to accept contributions of funds to study options 
                            for mitigating adverse effects of proposed 
                            obstructions on military installations.
Sec. 345. Utility disruptions to military installations.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
                       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.
Sec. 502. Voluntary retirement incentive.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Modification of definition of ``joint duty assignment'' to 
                            include all instructor assignments for 
                            joint training and education.
                Subtitle B--Reserve Component Management

Sec. 511. Authority for order to active duty of members of the Selected 
                            Reserve and certain members of the 
                            Individual Ready Reserve for preplanned 
                            missions.
Sec. 512. Modification of eligibility for consideration for promotion 
                            for certain reserve officers employed as 
                            military technicians (dual status).
Sec. 513. Modification of time in which preseparation counseling must 
                            be provided to reserve component members 
                            being demobilized.
Sec. 514. Report on termination of military technician as a distinct 
                            personnel management category.
                Subtitle C--General Service Authorities

Sec. 521. Repeal of mandatory high-deployment allowance.
Sec. 522. Prohibition on denial of reenlistment of members for 
                            unsuitability based on the same medical 
                            condition for which they were determined to 
                            be fit for duty.
Sec. 523. Expansion of regular enlisted members covered by early 
                            discharge authority.
Sec. 524. Extension of voluntary separation pay and benefits.
Sec. 525. Employment skills training for members of the Armed Forces on 
                            active duty who are transitioning to 
                            civilian life.
Sec. 526. Policy on military recruitment and enlistment of graduates of 
                            secondary schools.
                   Subtitle D--Education and Training

Sec. 541. Enhancement of authorities on joint professional military 
                            education.
Sec. 542. Grade of commissioned officers in uniformed medical accession 
                            programs.
Sec. 543. Reserve component mental health student stipend.
Sec. 544. Enrollment of certain seriously wounded, ill, or injured 
                            former or retired enlisted members of the 
                            Armed Forces in associate degree programs 
                            of the Community College of the Air Force 
                            in order to complete degree program.
Sec. 545. Consolidation of military department authority to issue arms, 
                            tentage, and equipment to educational 
                            institutions not maintaining units of 
                            Junior ROTC.
Sec. 546. Temporary authority to waive maximum age limitation on 
                            admission to the military service 
                            academies.
        Subtitle E--Military Justice and Legal Matters Generally

Sec. 551. Reform of offenses relating to rape, sexual assault, and 
                            other sexual misconduct under the Uniform 
                            Code of Military Justice.
Sec. 552. Authority to compel production of documentary evidence.
Sec. 553. Procedures for judicial review of certain military personnel 
                            decisions.
Sec. 554. Department of Defense support for programs on pro bono legal 
                            representation for members of the Armed 
                            Forces.
           Subtitle F--Sexual Assault Prevention and Response

Sec. 561. Director of the Sexual Assault Prevention and Response 
                            Office.
Sec. 562. Sexual Assault Response Coordinators and Sexual Assault 
                            Victim Advocates.
Sec. 563. Access of sexual assault victims to legal assistance and 
                            services of Sexual Assault Response 
                            Coordinators and Sexual Assault Victim 
                            Advocates.
Sec. 564. Requirement for privilege in cases arising under Uniform Code 
                            of Military Justice against disclosure of 
                            communications between sexual assault 
                            victims and Sexual Assault Response 
                            Coordinators, Sexual Assault Victim 
                            Advocates, and certain other persons.
Sec. 565. Expedited consideration and decision-making on requests for 
                            permanent change of station or unit 
                            transfer of victims of sexual assault.
Sec. 566. Department of Defense policy and procedures on retention and 
                            access to evidence and records relating to 
                            sexual assaults involving members of the 
                            Armed Forces.
               Subtitle G--Defense Dependents' Education

Sec. 571. Continuation of authority to assist local educational 
                            agencies that benefit dependents of members 
                            of the Armed Forces and Department of 
                            Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Three-year extension and enhancement of authorities on 
                            transition of military dependent students 
                            among local educational agencies.
                 Subtitle H--Military Family Readiness

Sec. 576. Modification of membership of Department of Defense Military 
                            Family Readiness Council.
                       Subtitle I--Other Matters

Sec. 581. Cold War Service Medal.
Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration 
                            Program.
Sec. 583. Report on process for expedited determination of disability 
                            of members of the Armed Forces with certain 
                            disabling conditions.
Sec. 584. Report on the achievement of diversity goals for the 
                            leadership of the Armed Forces.
Sec. 585. Specification of period in which application for voter 
                            registration or absentee ballot from an 
                            overseas voter is valid.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

           Subtitle A--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay 
                            authorities.
Sec. 612. Modification of qualifying period for payment of hostile fire 
                            and imminent danger special pay and 
                            hazardous duty special pay.
   Subtitle B--Consolidation and Reform of Travel and Transportation 
                              Authorities

Sec. 621. Consolidation and reform of travel and transportation 
                            authorities of the uniformed services.
Sec. 622. Transition provisions.
       Subtitle C--Disability, Retired Pay, and Survivor Benefits

Sec. 631. Repeal of automatic enrollment in Family Servicemembers' 
                            Group Life Insurance for members of the 
                            Armed Forces married to other members.
Sec. 632. Limitation on availability of certain funds pending report on 
                            provision of special compensation for 
                            members of the uniformed services with 
                            injury or illness requiring assistance in 
                            everyday living.
Sec. 633. Repeal of sense of Congress on age and service requirements 
                            for retired pay for non-regular service.
                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

Sec. 701. Annual cost-of-living adjustment in enrollment fees in 
                            TRICARE Prime.
Sec. 702. Maintenance of the adequacy of provider networks under the 
                            TRICARE program.
Sec. 703. Transition enrollment of uniformed services family health 
                            plan Medicare-eligible retirees to TRICARE 
                            for Life.
Sec. 704. Modification of authorities on surveys on continued viability 
                            of TRICARE Standard and TRICARE Extra.
                 Subtitle B--Other Health Care Benefits

Sec. 711. Travel for anesthesia services for childbirth for command-
                            sponsored dependents of members assigned to 
                            remote locations outside the continental 
                            United States.
Sec. 712. Transitional health benefits for certain members with 
                            extension of active duty following active 
                            duty in support of a contingency operation.
Sec. 713. Codification and improvement of procedures for mental health 
                            evaluations for members of the Armed 
                            Forces.
                 Subtitle C--Health Care Administration

Sec. 721. Expansion of State licensure exceptions for certain mental 
                            health-care professionals.
Sec. 722. Clarification on confidentiality of medical quality assurance 
                            records.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Waiver of requirements relating to new Milestone approval for 
                            certain major defense acquisition programs 
                            experiencing critical cost growth due to 
                            change in quantity purchased.
Sec. 802. Modification of certain requirements of the Weapon Systems 
                            Acquisition Reform Act of 2009.
Sec. 803. Assessment, management, and control of operating and support 
                            costs for major weapon systems.
Sec. 804. Clarification of responsibility for cost analyses and targets 
                            for contract negotiation purposes.
Sec. 805. Modification of requirements for guidance on management of 
                            manufacturing risk in major defense 
                            acquisition programs.
Sec. 806. Management of developmental test and evaluation for major 
                            defense acquisition programs.
Sec. 807. Assessment of risk associated with development of major 
                            weapon systems to be procured under 
                            cooperative projects with friendly foreign 
                            countries.
             Subtitle B--Acquisition Policy and Management

Sec. 821. Inclusion of data on contractor performance in past 
                            performance databases for source selection 
                            decisions.
Sec. 822. Implementation of recommendations of Defense Science Board 
                            Task Force on Service Contracting.
Sec. 823. Temporary limitation on aggregate annual amount available for 
                            contract services.
Sec. 824. Annual report on single-award task and delivery order 
                            contracts.
Sec. 825. Incorporation of corrosion prevention and control into 
                            requirements applicable to development and 
                            acquisition of weapon systems.
Sec. 826. Prohibition on use of funds for certain programs.
  Subtitle C--Amendments Relating to General Contracting Authorities, 
                      Procedures, and Limitations

Sec. 841. Treatment for technical data purposes of independent research 
                            and development and bid and proposal costs.
Sec. 842. Extension to all management employees of applicability of the 
                            senior executive benchmark compensation 
                            amount for purposes of allowable cost 
                            limitations under Government contracts.
Sec. 843. Covered contracts for purposes of requirements on contractor 
                            business systems.
Sec. 844. Compliance with defense procurement requirements for purposes 
                            of internal controls of non-defense 
                            agencies for procurements on behalf of the 
                            Department of Defense.
Sec. 845. Prohibition on collection of political information.
Sec. 846. Waiver of ``Buy American'' requirement for procurement of 
                            components otherwise producible overseas 
                            with specialty metal not produced in the 
                            United States.
Sec. 847. Comptroller General of the United States reports on 
                            noncompetitive and one-offer contracts 
                            awarded by the Department of Defense.
         Subtitle D--Provisions Relating to Wartime Contracting

Sec. 861. Prohibition on contracting with the enemy in the United 
                            States Central Command theater of 
                            operations.
Sec. 862. Additional access to contractor and subcontractor records in 
                            the United States Central Command theater 
                            of operations.
Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent 
                            operational needs.
Sec. 864. Inclusion of associated support services in rapid acquisition 
                            and deployment procedures for supplies.
Sec. 865. Reach-back contracting authority for Operation Enduring 
                            Freedom and Operation New Dawn.
Sec. 866. Inclusion of contractor support requirements in Department of 
                            Defense planning documents.
                       Subtitle E--Other Matters

Sec. 881. Extension of availability of funds in the Defense Acquisition 
                            Workforce Development Fund.
Sec. 882. Modification of delegation of authority to make 
                            determinations on entry into cooperative 
                            research and development agreements with 
                            NATO and other friendly organizations and 
                            countries.
Sec. 883. Rate of payment for airlift services under the Civil Reserve 
                            Air Fleet program.
Sec. 884. Clarification of Department of Defense authority to purchase 
                            right-hand drive passenger sedan vehicles 
                            and adjustment of threshold for inflation.
Sec. 885. Extension and expansion of small business programs of the 
                            Department of Defense.
Sec. 886. Three-year extension of test program for negotiation of 
                            comprehensive small business subcontracting 
                            plans.
Sec. 887. Five-year extension of Department of Defense Mentor-Protege 
                            Program.
Sec. 888. Report on alternatives for the procurement of fire-resistant 
                            and fire-retardant fiber and materials for 
                            the production of military products.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Qualifications for appointments to the position of Deputy 
                            Secretary of Defense.
Sec. 902. Designation of Department of Defense senior official with 
                            principal responsibility for airship 
                            programs.
Sec. 903. Memoranda of agreement on synchronization of enabling 
                            capabilities of general purpose forces with 
                            the requirements of special operations 
                            forces.
Sec. 904. Enhancement of administration of the United States Air Force 
                            Institute of Technology.
Sec. 905. Defense laboratory matters.
Sec. 906. Assessment of Department of Defense access to non-United 
                            States citizens with scientific and 
                            technical expertise vital to the national 
                            security interests.
                      Subtitle B--Space Activities

Sec. 911. Commercial space launch cooperation.
Sec. 912. Authority to designate increments or blocks of space vehicles 
                            as major subprograms subject to acquisition 
                            reporting requirements.
Sec. 913. Review to identify interference with national security Global 
                            Positioning System receivers by commercial 
                            communications services.
                    Subtitle C--Intelligence Matters

Sec. 921. Expansion of authority for exchanges of mapping, charting, 
                            and geodetic data to include 
                            nongovernmental organizations and academic 
                            institutions.
Sec. 922. Facilities for intelligence collection or special operations 
                            activities abroad.
Sec. 923. Ozone Widget Framework.
Sec. 924. Plan for incorporation of enterprise query and correlation 
                            capability into the Defense Intelligence 
                            Information Enterprise.
                   Subtitle D--Cybersecurity Matters

Sec. 931. Strategy to acquire capabilities to detect previously unknown 
                            cyber attacks.
Sec. 932. Program in support of Department of Defense policy on 
                            sustaining and expanding information 
                            sharing.
                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Defense business systems.
Sec. 1003. Modification of authorities on certification and credential 
                            standards for financial management 
                            positions in the Department of Defense.
Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection 
                            agreements.
                  Subtitle B--Counter-Drug Activities

Sec. 1011. Five-year extension and modification of authority of 
                            Department of Defense to provide additional 
                            support for counterdrug activities of other 
                            governmental agencies.
Sec. 1012. Five-year extension and expansion of authority to provide 
                            additional support for counter-drug 
                            activities of certain foreign governments.
Sec. 1013. Reporting requirement on expenditures to support foreign 
                            counter-drug activities.
Sec. 1014. Extension of authority for joint task forces to provide 
                            support to law enforcement agencies 
                            conducting counter-terrorism activities.
Sec. 1015. Extension of authority to support unified counterdrug and 
                            counterterrorism campaign in Colombia.
                Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Limitation on availability of funds for placing Maritime 
                            Prepositioning Ship squadrons on reduced 
                            operating status.
Sec. 1022. Modification of conditions on status of retired aircraft 
                            carrier ex-John F. Kennedy.
Sec. 1023. Authority to provide information for maritime safety of 
                            forces and hydrographic support.
                      Subtitle D--Detainee Matters

Sec. 1031. Authority to detain unprivileged enemy belligerents captured 
                            pursuant to the Authorization for Use of 
                            Military Force.
Sec. 1032. Required military custody for members of al-Qaeda and 
                            affiliated entities.
Sec. 1033. Permanent requirements for certifications relating to the 
                            transfer of detainees at United States 
                            Naval Station, Guantanamo Bay, Cuba, to 
                            foreign countries and other foreign 
                            entities.
Sec. 1034. Prohibition on use of funds to construct or modify 
                            facilities in the United States to house 
                            detainees transferred from United States 
                            Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Procedures for annual detention review of individuals 
                            detained at United States Naval Station, 
                            Guantanamo Bay, Cuba.
Sec. 1036. Procedures for status determination of unprivileged enemy 
                            belligerents.
Sec. 1037. Clarification of right to plead guilty in trial of capital 
                            offense by military commission.
         Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Management of Department of Defense installations.
Sec. 1042. Amendments relating to the Military Commissions Act of 2009.
Sec. 1043. Department of Defense authority to carry out personnel 
                            recovery reintegration and post-isolation 
                            support activities.
Sec. 1044. Treatment under Freedom of Information Act of certain 
                            sensitive national security information.
Sec. 1045. Clarification of airlift service definitions relating to the 
                            Civil Reserve Air Fleet.
Sec. 1046. Authority for assignment of civilian employees of the 
                            Department of Defense as advisors to 
                            foreign ministries of defense and 
                            international peace and security 
                            organizations.
Sec. 1047. Net assessment of nuclear force levels required with respect 
                            to certain proposals to reduce the nuclear 
                            weapons stockpile of the United States.
Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-
                            Teachers Program.
     Subtitle F--Repeal and Modification of Reporting Requirements

                PART I--Repeal 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.
        PART II--Modification of Existing Reporting Requirements

Sec. 1066. Modification of reporting requirements under title 10, 
                            United States Code.
Sec. 1067. Modification of reporting requirements under other titles of 
                            the United States Code.
Sec. 1068. Modification of reporting requirements under annual defense 
                            authorization acts.
Sec. 1069. Modification of reporting requirements under other laws.
               Subtitle G--Other Study and Report Matters

Sec. 1071. Modification of dates of Comptroller General of the United 
                            States review of executive agreement on 
                            joint medical facility demonstration 
                            project, North Chicago and Great Lakes, 
                            Illinois.
Sec. 1072. Report on plan to implement organizational goals recommended 
                            in the National Security Strategy-2010.
Sec. 1073. Biennial assessment of and report on delivery platforms for 
                            nuclear weapons and the nuclear command and 
                            control system.
Sec. 1074. Annual report on the nuclear weapons stockpile of the United 
                            States.
Sec. 1075. Nuclear employment strategy of the United States.
Sec. 1076. Study on the recruitment, retention, and development of 
                            cyberspace experts.
Sec. 1077. Reports on resolution restrictions on the commercial sale or 
                            dissemination of eletro-optical imagery 
                            collected by satellites.
Sec. 1078. Report on integration of unmanned aerial systems into the 
                            national airspace system.
Sec. 1079. Study on United States force posture in East Asia and the 
                            Pacific region.
                       Subtitle H--Other Matters

Sec. 1081. Redesignation of psychological operations as military 
                            information support operations in title 10, 
                            United States Code, to conform to 
                            Department of Defense usage.
Sec. 1082. Termination of requirement for appointment of civilian 
                            members of National Security Education 
                            Board by and with the advice and consent of 
                            the Senate.
Sec. 1083. Redesignation of Industrial College of the Armed Forces as 
                            the Dwight D. Eisenhower School for 
                            National Security and Resource Strategy.
Sec. 1084. Designation of Fisher House for the Families of the Fallen 
                            and Meditation Pavilion, Dover Air Force 
                            Base, Delaware, as a Fisher House.
Sec. 1085. Sense of Senate on application of moratorium on earmarks to 
                            this Act.
Sec. 1086. Technical amendment relating to responsibilities of Deputy 
                            Assistant Secretary of Defense for 
                            Manufacturing and Industrial Base Policy.
Sec. 1087. Technical amendment.
                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority of the Secretaries of the military departments to 
                            employ up to 10 persons without pay.
Sec. 1102. Extension of eligibility to continue Federal employee health 
                            benefits for certain employees of the 
                            Department of Defense.
Sec. 1103. Authority for waiver of recovery of certain payments 
                            previously made under civilian employees 
                            voluntary separation incentive program.
Sec. 1104. Permanent extension and expansion of experimental personnel 
                            program for scientific and technical 
                            personnel.
Sec. 1105. Modification of beneficiary designation authorities for 
                            death gratuity payable upon death of a 
                            United States Government employee in 
                            service with the Armed Forces.
Sec. 1106. Two-year extension of discretionary authority to grant 
                            allowances, benefits, and gratuities to 
                            personnel on official duty in a combat 
                            zone.
Sec. 1107. One-year extension of authority to waive annual limitation 
                            on premium pay and aggregate limitation on 
                            pay for Federal civilian employees working 
                            overseas.
             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Expansion of scope of humanitarian demining assistance 
                            authority to include stockpiled 
                            conventional munitions.
Sec. 1202. One-year extension and modification of authorities 
                            applicable to Commanders' Emergency 
                            Response Program.
Sec. 1203. Three-year extension of temporary authority to use 
                            acquisition and cross-servicing agreements 
                            to lend military equipment for personnel 
                            protection and survivability.
Sec. 1204. Conditional extension and modification of authority to build 
                            the capacity of counter terrorism forces of 
                            Yemen.
Sec. 1205. Extension of authority for support of special operations to 
                            combat terrorism.
Sec. 1206. Limitation on availability of funds for authorities relating 
                            to program to build the capacity of foreign 
                            military forces.
Sec. 1207. Global Security Contingency Fund.
Sec. 1208. Authority to build the capacity of certain counterterrorism 
                            forces of East African countries.
Sec. 1209. Support of forces participating in operations to disarm the 
                            Lord's Resistance Army.
    Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1221. Extension and modification of logistical support for 
                            coalition forces supporting operations in 
                            Iraq and Afghanistan.
Sec. 1222. One-year extension of authority to transfer defense articles 
                            and provide defense services to the 
                            military and security forces of Iraq and 
                            Afghanistan.
Sec. 1223. One-year extension of authorities applicable to the Pakistan 
                            Counterinsurgency Fund.
Sec. 1224. One-year extension of authority to use funds for 
                            reintegration activities in Afghanistan.
Sec. 1225. Modification of authority on program to develop and carry 
                            out infrastructure projects in Afghanistan.
Sec. 1226. One-year extension of authority for reimbursement of certain 
                            coalition nations for support provided to 
                            United States military operations.
Sec. 1227. Two-year extension of certain reports on Afghanistan.
Sec. 1228. Authority to support operations and activities of the Office 
                            of Security Cooperation in Iraq.
Sec. 1229. Benchmarks to evaluate the progress being made toward the 
                            transition of security responsibilities for 
                            Afghanistan to the Government of 
                            Afghanistan.
                 Subtitle C--Reports and Other Matters

Sec. 1241. Report on progress of the African Union in operationalizing 
                            the African Standby Force.
Sec. 1242. Comptroller General of the United States report on the 
                            National Guard State Partnership Program.
                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
                            funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of 
                            excellence in countries outside of the 
                            former Soviet Union.
                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical Agents and Munitions Destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile Funds.
Sec. 1412. Revision to required receipt objectives for previously 
                            authorized disposals from the National 
                            Defense Stockpile.
                Subtitle C--Armed Forces Retirement Home

                PART I--Authorization of Appropriations

Sec. 1421. Authorization of appropriations.
           PART II--Armed Forces Retirement Home Authorities

Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1423. Annual validation of multiyear accreditation.
Sec. 1424. Clarification of duties of Senior Medical Advisor.
Sec. 1425. Replacement of Local Boards of Trustees for each facility 
                            with single Advisory Council.
Sec. 1426. Administrators and ombudsmen of facilities.
Sec. 1427. Inspection requirements.
Sec. 1428. Repeal of obsolete provisions.
Sec. 1429. Technical, conforming, and clerical amendments.
                       Subtitle D--Other Matters

Sec. 1431. Authority for transfer of funds to Joint Department of 
                            Defense-Department of Veterans Affairs 
                            Medical Facility Demonstration Fund for 
                            Captain James A. Lovell Health Care Center, 
                            Illinois.
  TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY 
                               OPERATIONS

              Subtitle A--Authorization of Appropriations

Sec. 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--Other Matters

Sec. 1531. One-year extension and modification of authority for Task 
                            Force for Business and Stability Operations 
                            in Afghanistan.
Sec. 1532. Modification of availability of funds in Afghanistan 
                            Security Forces Fund.
Sec. 1533. Limitation on availability of funds for Trans Regional Web 
                            Initiative.
Sec. 1534. Report on lessons learned from Department of Defense 
                            participation on interagency teams for 
                            counterterrorism operations in Afghanistan 
                            and Iraq.

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.

SEC. 4. SCORING OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose 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, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              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--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 a multiyear contract or 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.

                     Subtitle C--Air Force Programs

SEC. 131. 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 for such procurement.
            (2) Cost reduction.--The Secretary may include in a 
        contract entered into under paragraph (1) the following:
                    (A) The procurement of material and equipment in 
                economic order quantities if the procurement of such 
                material and equipment in such quantities will result 
                in cost savings.
                    (B) Cost reduction initiatives.
            (3) Use of incremental funding.--The Secretary may use 
        incremental funding for a contract entered into under paragraph 
        (1) for a period not to exceed six fiscal years.
            (4) Liability.--A contract entered into under paragraph (1) 
        shall provide that--
                    (A) any obligation of the United States to make a 
                payment under the contract is subject to the 
                availability of appropriations for that purpose; and
                    (B) the total liability of the Federal Government 
                for the termination of the contract shall be limited to 
                the total amount of funding obligated at the time of 
                the termination of the contract.
    (b) Limitation of Costs.--
            (1) Limitation.--Except as provided in 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-related support 
                costs.
                    (D) Technical support for obsolescence studies.
    (c) Adjustment to Limitation Amount.--
            (1) In general.--The Secretary may increase the limitation 
        set forth in subsection (b)(1) by the amount of an increase 
        described in paragraph (2) if the Secretary submits to the 
        congressional defense committees written notification of the 
        increase made to that limitation.
            (2) Increase described.--An increase described in this 
        paragraph is one of the following:
                    (A) An increase in costs that is attributable to 
                economic inflation after September 30, 2011.
                    (B) An increase in costs that is attributable to 
                compliance with changes in Federal, State, or local 
                laws enacted after September 30, 2011.
                    (C) An increase in the cost of an advanced 
                extremely high frequency satellite that is attributable 
                to the insertion of a new technology into the satellite 
                that was not built into such satellites procured before 
                fiscal year 2012, if the Secretary determines, and 
                certifies to the congressional defense committees, that 
                insertion of the new technology into the satellite is--
                            (i) expected to decrease the life-cycle 
                        cost of the satellite; or
                            (ii) required to meet an emerging threat 
                        that poses grave harm to the national security 
                        of the United States.
    (d) Reports.--
            (1) Report on contracts.--Not later than 30 days after the 
        date on which the Secretary enters into a contract under 
        subsection (a), the Secretary shall submit to the congressional 
        defense committees a report on the contract that includes the 
        following:
                    (A) The total cost savings resulting from the 
                authority provided by subsection (a).
                    (B) The type and duration of the contract.
                    (C) The total value of the contract.
                    (D) The funding profile under the contract by year.
                    (E) 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.
            (2) Plan for using cost savings.--Not later than 90 days 
        after the date on which the Secretary enters into a contract 
        under subsection (a), the Secretary shall submit to the 
        congressional defense committees a plan for using the cost 
        savings described in paragraph (1)(A) to improve the capability 
        of military satellite communications that includes a 
        description of the following:
                    (A) The available funds, by year, resulting from 
                such cost savings.
                    (B) The specific activities or subprograms to be 
                funded using such cost savings and the funds, by year, 
                allocated to each such activity or subprogram.
                    (C) The objectives for each such activity or 
                subprogram.
                    (D) The criteria used by the Secretary to determine 
                which such activities or subprograms to fund.
                    (E) The method by which the Secretary will 
                determine which such activities or subprograms to fund, 
                including whether that determination will be on a 
                competitive basis.
                    (F) The plan for encouraging participation in such 
                activities and subprograms by small businesses.
                    (G) The process for determining how and when such 
                activities and subprograms would transition to an 
                existing program or be established as a new program of 
                record.
    (e) 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.
    (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.

SEC. 132. 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 aircraft modifications, post-production support, and other 
charges, $20,000,000 shall 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. 133. 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 aircraft modifications, post-production support, 
and other charges, $15,000,000 shall 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 
February 1, 2012, the Secretary of the Air Force shall submit to the 
congressional defense committees a plan to provide an extremely high 
frequency terminal for secure protected communications for the B-2 
bomber aircraft and other aircraft.

SEC. 134. 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--
            (1) on or before the date on which the Secretary of the Air 
        Force submits to the congressional defense committees the plan 
        described in subsection (b), to retire any B-1 bomber aircraft; 
        or
            (2) after that date, to retire more than six B-1 bomber 
        aircraft.
    (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 six B-1 bomber aircraft in each calendar 
        year through calendar year 2022.
            (3) An estimate of the amount of the savings described in 
        paragraph (2) that will be reinvested in the modernization of 
        B-1 bomber aircraft still in service in each calendar year 
        through calendar year 2022.
            (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) Sense of Congress.--It is the sense of Congress that--
            (1) an amount that is not less than 60 percent of the 
        savings achieved in each calendar year through calendar year 
        2022 resulting from the retirement of B-1 bomber aircraft 
        should be reinvested in modernizing and sustaining bomber 
        aircraft; and
            (2) an amount that is not less than 35 percent of the 
        amount described in paragraph (1) should be reinvested in 
        modernizing and sustaining the remaining B-1 bomber aircraft 
        through at least calendar year 2022.

SEC. 135. 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 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.
    (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.

               Subtitle D--Joint and Multiservice Matters

SEC. 151. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION 
              REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT 
              MISSION REQUIREMENT FUNDS.

    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. 152. F-35 JOINT STRIKE FIGHTER AIRCRAFT.

    In entering into a contract for the procurement of aircraft for the 
fifth low-rate initial production contract lot (LRIP-5) 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. 153. 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.

SEC. 154. 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/MH-60S 
helicopters.
    (b) Condition for Out-year 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. 155. DESIGNATION OF UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE 
              UNITED STATES SPECIAL OPERATIONS COMMAND AS A MAJOR 
              DEFENSE ACQUISITION PROGRAM.

    (a) Designation.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall designate the undersea mobility 
acquisition program of the United States Special Operations Command as 
a major defense acquisition program (MDAP).
    (b) Elements.--The major defense acquisition program designated 
under subsection (a) shall consist of the elements as follows:
            (1) The Dry Combat Submersible-Light program.
            (2) The Dry Combat Submersible-Medium program.
            (3) The Shallow Water Combat Submersible program.
            (4) The Next-Generation Submarine Shelter program.

SEC. 156. TRANSFER OF AIR FORCE C-12 LIBERTY INTELLIGENCE, 
              SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT TO THE ARMY.

    (a) Plan for Transfer.--The Secretary of Defense shall develop and 
carry out a plan for the orderly transfer of the Air Force C-12 Liberty 
Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the 
Army to avoid the need for the Army to procure additional C-12 aircraft 
for the replacement of the Guardrail aircraft fleet under the Enhanced 
Medium Altitude Reconnaissance and Surveillance System (EMARSS) 
program.
    (b) Elements.--The plan required by subsection (a) shall--
            (1) take into account the ability of Army personnel now 
        operating the Guardrail aircraft to take over operation of C-12 
        Liberty aircraft as Guardrail aircraft are retired, freeing up 
        Air Force personnel for reallocation to meet the expanding 
        orbit requirements for Unmanned Aerial Systems;
            (2) take into account the need to sustain intelligence, 
        surveillance, and reconnaissance support for forces deployed to 
        Afghanistan and elsewhere; and
            (3) provide for the modification of the Liberty C-12 
        aircraft transferred under the plan to meet the long-term needs 
        of the Army for the Enhanced Medium Altitude Reconnaissance and 
        Surveillance System configuration to replace the Guardrail 
        system.
    (c) Report.--Not later than the date on which the budget for fiscal 
year 2013 is submitted to Congress pursuant to section 1105 of title 
31, United States Code, the Secretary shall submit to the congressional 
defense and intelligence committees a report on the plan required by 
subsection (a). The report shall include a description of the plan and 
an estimate of the costs to be avoided through cancellation of aircraft 
procurement under the Enhanced Medium Altitude Reconnaissance and 
Surveillance System program by reason of the transfer of aircraft under 
the plan.

SEC. 157. 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 available for obligation and expenditure, and in 
                which accounts.
    (b) Use of Remaining Funds.--The Secretary of the Air Force shall 
take appropriate actions to ensure that any funds described by 
subsection (a)(2)(B) are obligated and expended for the purpose for 
which originally authorized and appropriated, including, but not 
limited to, the installation of two engine shipsets on two operational 
Joint Surveillance Target Attack Radar System aircraft and the purchase 
of two spare engines.

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

              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. PROHIBITIONS RELATING TO USE OF FUNDS FOR RESEARCH, 
              DEVELOPMENT, TEST, AND EVALUATION ON THE F136 ENGINE.

    (a) Prohibition on Use of Funds for RDT&E.--None of the amounts 
authorized to be appropriated by this Act may be obligated or expended 
for research, development, test, or evaluation on the F136 engine.
    (b) Prohibition on Treatment of Certain Expenditures as Allowable 
Charges.--No research, development, test, or evaluation on the F136 
engine that is conducted and funded by the contractor may be considered 
an allowable charge on any future government contract, whether as a 
direct or indirect cost.

SEC. 212. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER 
              AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE 
              COMMUNICATIONS PROGRAM.

    None of the funds authorized to be appropriated by section 201 for 
research, development, test, and evaluation for the Air Force as 
specified in the funding table in section 4201 and available for 
Increment 2 of the B-2 bomber aircraft extremely high frequency 
satellite communications program 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. 213. UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE.

    Of the amounts authorized to be appropriated for fiscal year 2012 
for the Navy for research, development, test, and evaluation and 
available for purposes of the Unmanned Carrier Launched Airborne 
Surveillance and Strike (UCLASS) program (PE 64404N) as specified in 
the funding table in section 4201, not more than 50 percent may be 
obligated or expended for such purposes until the Under Secretary of 
Defense for Acquisition, Technology, and Logistics certifies to the 
congressional defense committees that the Under Secretary has approved 
an acquisition plan for that program at Milestone A approval that 
requires implementation of open architecture standards for that 
program.

SEC. 214. MARINE CORPS GROUND COMBAT VEHICLES.

    (a) Limitation on Milestone B Approval for Marine Personnel Carrier 
Pending Analysis of Alternatives for Amphibious Combat Vehicle.--
            (1) Limitation.--Milestone B approval may not be granted 
        for the Marine Personnel Carrier (MPC) until 30 days after the 
        date of the submittal to the congressional defense committees 
        of an Analysis of Alternatives (AoA) for the Amphibious Combat 
        Vehicle (ACV).
            (2) Requirements for analysis of alternatives.--The 
        Analysis of Alternatives for the Amphibious Combat Vehicle 
        required by paragraph (1) shall include each of the following:
                    (A) An assessment of the ability of the Navy to 
                defend its vessels against attacks at distances from 
                shore ranging from 10-to-30 nautical miles during 
                amphibious assault operations in multiple potential 
                future conflict scenarios, based on existing and 
                planned and budgeted defense capabilities. The 
                assessment shall identify the key issues and variables 
                that determine survivability in each of the scenarios 
                assessed.
                    (B) An assessment of the amount of time Marines can 
                be expected to ride in a non-planing amphibious assault 
                vehicle without suffering a significant degradation in 
                combat effectiveness. The Marine Corps shall conduct 
                tests to support such assessment using existing 
                Amphibious Assault Vehicles and Expeditionary Fighting 
                Vehicle SDD-2 prototypes.
                    (C) An assessment of the armor protection levels 
                the Amphibious Combat Vehicle would require to satisfy 
                the requirements for the Marine Personnel Carrier 
                program, and an assessment whether a non-planing 
                Amphibious Combat Vehicle could practically achieve 
                that armor protection level while meeting other 
                objectives for mobility and cost.
                    (D) An assessment of whether an Amphibious Combat 
                Vehicle system could perform the range of amphibious 
                assault and land warfare missions for the Marine Corps 
                at a life-cycle cost approximately equal to or less 
                than the combined cost of the Amphibious Combat Vehicle 
                and Marine Personnel Carrier programs, and an 
                assessment of the extent to which a ground combat 
                vehicle fleet composed entirely of Amphibious Combat 
                Vehicles would enhance the amphibious assault 
                capabilities of the Marine Corps when compared with a 
                fleet composed of a mixture of Amphibious Combat 
                Vehicles and Marine Personnel Carriers.
            (3) Support of analysis of alternatives.--The Marine Corps 
        may conduct such technology development and demonstration, and 
        such other pre-acquisition activities, tests, exercises, and 
        modeling, as the Marine Corps considers necessary to support 
        the Analysis of Alternatives required by paragraph (1) and the 
        establishment of requirements for the Amphibious Combat 
        Vehicle.
    (b) Limitation on Milestone B Approval for Various Vehicles Pending 
Life-cycle Cost Assessment.--
            (1) Limitation.--Milestone B approval may not be granted 
        for any Marine Corps ground combat vehicle specified in 
        paragraph (2) until 30 days after the date of the submittal to 
        the congressional defense committees of a life-cycle cost 
        assessment of the portfolio of Marine Corps ground vehicles 
        performed by the Director of Cost Assessment and Program 
        Evaluation of the Department of Defense.
            (2) Covered vehicles.--The Marine Corps ground combat 
        vehicles specified in this paragraph are the following:
                    (A) The Marine Personnel Carrier.
                    (B) The Amphibious Combat Vehicle.
                    (C) The Joint Light Tactical Vehicle (JLTV).
                    (D) Any other ground combat vehicle of the Marine 
                Corps under development as of the date of the enactment 
                of this Act for which Milestone B approval has not been 
                granted as of that date.
    (c) Availability of Funds.--Of the amounts authorized to be 
appropriated for fiscal year 2012 by section 201 and available for 
research, development, test, and evaluation for the Navy as specified 
in the funding tables in section 4201 for Program Elements 0603611M and 
0206623M for the Amphibious Combat Vehicle, the Assault Amphibious 
Vehicle 7A1, and the Marine Personnel Carrier, $30,000,000 is available 
for pre-acquisition activities in support of the Analysis of 
Alternatives and requirements definition for the Amphibious Combat 
Vehicle.
    (d) Milestone B Approval Defined.--In this section, the term 
``Milestone B approval'' has the meaning given that term in section 
2366(e)(7) of title 10, United States Code.

                  Subtitle C--Missile Defense Matters

SEC. 231. ENHANCED OVERSIGHT OF MISSILE DEFENSE ACQUISITION PROGRAMS.

    (a) In General.--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. 233 note) is amended--
            (1) in subsection (d), by striking ``each report'' and 
        inserting ``each of the first three reports''; and
            (2) by adding at the end the following new subsection:
    ``(e) Comptroller General Assessment.--(1) At the end of each of 
fiscal years 2012 through 2015, the Comptroller General of the United 
States shall review the annual reports on acquisition baselines and 
variances required under subsection (c) and assess the extent to which 
the Missile Defense Agency has achieved its acquisition goals and 
objectives.
    ``(2) Not later than February 15, 2013, and each year thereafter 
through 2016, the Comptroller General shall submit to the congressional 
defense committees a report on the assessment under paragraph (1) with 
respect to the acquisition baselines for the preceding fiscal year. 
Each report shall include any findings and recommendations on missile 
defense acquisition programs and accountability therefore that the 
Comptroller General considers appropriate.''.
    (b) Repeal of Superseded Reporting Authority.--Section 232 of the 
National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 
note) is amended by striking subsection (g).

SEC. 232. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.

    (a) Findings.--Congress makes the following findings:
            (1) The Ground-based Midcourse Defense (GMD) element of the 
        Ballistic Missile Defense System was deployed initially in 2004 
        as a contingency capability to provide initial protection of 
        the United States homeland against potential limited long-range 
        missile attacks by nations such as North Korea and Iran.
            (2) As the Director of Operational Test and Evaluation has 
        reported, prior to the decision in December 2002 to deploy the 
        system, an operationally representative variant of the Ground-
        Based Interceptor had not been flight-tested.
            (3) As the Department of Defense and the Government 
        Accountability Office have acknowledged, the Ground-based 
        Midcourse Defense system experienced high levels of concurrency 
        in development and deployment, which led to a number of 
        problems. In April 2011, the Missile Defense Agency 
        acknowledged that the system ``is still evolving and has not 
        attained a stable configuration between missiles. It is still 
        an `operational prototype' system''.
            (4) The Director of Operational Test and Evaluation 
        reported in December 2010 that there have not been enough 
        flight tests of the Ground-based Midcourse Defense system to 
        permit an objective assessment of its operational 
        effectiveness, suitability data remain insufficient, evaluation 
        of survivability remains limited, and a ``full end-to end 
        performance assessment is still a minimum of 6 years away''.
            (5) As is to be expected from a developmental system, the 
        Ground-based Midcourse Defense system has experienced a number 
        of technical problems in flight tests. Many of these problems 
        have been resolved with further development, as demonstrated in 
        successful flight tests. The system has been under continuous 
        improvement since it was first deployed, but has not yet 
        obtained desired levels of effectiveness, suitability, or 
        reliability.
            (6) In 2009, the Secretary of Defense announced that the 
        Department of Defense would refocus efforts on improving the 
        operational capability, reliability, and availability of the 
        Ground-based Midcourse Defense system in order to maintain its 
        ability to stay ahead of projected threats from North Korea and 
        Iran for the foreseeable future.
            (7) In February 2010 the Ballistic Missile Defense Review 
        stated the United States is currently protected against limited 
        intercontinental ballistic missile attacks as a result of 
        investments made over the past decade in the Ground-based 
        Midcourse Defense system and reiterated the commitment to 
        improving the operational capability, reliability, and 
        availability of the Ground-based Midcourse Defense System.
            (8) The two most recent flight tests of the Ground-based 
        Midcourse Defense system, using the newest Capability 
        Enhancement-2 Exo-atmospheric Kill Vehicle (EKV) design, each 
        failed to achieve the intended interception of a target.
            (9) The two most recent flight tests are not indicative of 
        the functionality of the Capability Enhancement-1 Exo-
        atmospheric Kill Vehicle design, which continues to provide the 
        United States protection against a limited intercontinental 
        ballistic missile attack.
            (10) The Missile Defense Agency established a Failure 
        Review Board to determine the root cause of the December 2010 
        flight-test failure of the Ground-based Midcourse Defense 
        system. Its analysis will inform the proposed correction of the 
        problem causing the flight-test failure.
            (11) The Missile Defense Agency plans to design a 
        correction of the problem causing the December 2010 flight-test 
        failure and to verify the correction through extensive modeling 
        and simulation, ground testing, and two flight tests, the first 
        of which will not be an interception test.
            (12) Until completing the verification of its corrective 
        action, the Missile Defense Agency has suspended further 
        production of Exo-atmospheric Kill Vehicles to ensure that 
        potential flaws are not incorporated into them, and to permit 
        any corrective action that may be needed to Exo-atmospheric 
        Kill Vehicles at minimal cost and schedule risk.
            (13) The Director of the Missile Defense Agency has 
        testified that the Missile Defense Agency has sufficient 
        funding available and planned for fiscal years 2011 and 2012, 
        respectively, to implement the planned correction of the 
        problem causing the December 2010 flight-test failure.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) it is essential for the Ground-based Midcourse Defense 
        element of the Ballistic Missile Defense System to achieve the 
        levels of reliability, availability, sustainability, and 
        operational performance that will allow it to continue 
        providing protection of the United States homeland, throughout 
        its operational service life, against limited future missile 
        attacks from nations such as North Korea and Iran;
            (2) the Missile Defense Agency should, as its highest 
        priority, determine the root cause of the December 2010 flight-
        test failure of the Ground-based Midcourse Defense system, 
        design a correction of the problem causing the flight-test 
        failure, and verify through extensive testing that such 
        correction is effective and will allow the Ground-based 
        Midcourse Defense system to reach levels described in paragraph 
        (1);
            (3) before verifying the success of the correction of the 
        problem causing the December 2010 flight-test failure, the 
        Missile Defense Agency should suspend further production of 
        Exo-atmospheric Kill Vehicles to ensure that they will not be 
        deployed with any component or design flaws that may have 
        caused the flight-test failure;
            (4) 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
            (5) the Department of Defense should plan for and budget 
        sufficient future funds for the Ground-based Midcourse Defense 
        program to ensure the ability to complete and verify an 
        effective correction of the problem causing the December 2010 
        flight-test failure, and to mitigate the effects of corrective 
        actions on previously planned program work that is deferred as 
        a result of such corrective actions.
    (c) Reports.--
            (1) Reports required.--Not later than 120 days after the 
        date of the enactment of this Act, and one year thereafter, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report describing the plan of the Department of 
        Defense to correct the problem causing the December 2010 
        flight-test failure of the Ground-based Midcourse Defense 
        system, and any progress toward the achievement of that plan.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A detailed discussion of the plan to correct 
                the problem described in that paragraph, including 
                plans for diagnostic, design, testing, and 
                manufacturing actions.
                    (B) A detailed discussion of any results obtained 
                from the plan described in subparagraph (A) as of the 
                date of such report, including diagnostic, design, 
                testing, or manufacturing results.
                    (C) A description of any cost or schedule impact of 
                the plan on the Ground-based Midcourse Defense program, 
                including on testing, production, refurbishment, or 
                deferred work.
                    (D) A description of any planned adjustments to the 
                Ground-based Midcourse Defense program as a result of 
                the implementation of the plan, including future 
                programmatic, schedule, testing, or funding 
                adjustments.
                    (E) A description of any enhancements to the 
                capability of the Ground-based Midcourse Defense system 
                achieved or planned since the submittal of the budget 
                for fiscal year 2010 pursuant to section 1105 of title 
                31, United States Code.
            (3) Form.--Each report required by paragraph (1) shall be 
        in unclassified form, but may include a classified annex.

SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA.

    (a) Findings.--Congress makes the following findings:
            (1) For more than a decade, the United States and Russia 
        have discussed a variety of options for cooperation on shared 
        early warning and ballistic missile defense. For example, on 
        May 1, 2001, President George W. Bush spoke of a ``new 
        cooperative relationship'' with Russia and said it ``should be 
        premised on openness, mutual confidence and real opportunities 
        for cooperation, including the area of missile defense. It 
        should allow us to share information so that each nation can 
        improve its early warning capability, and its capability to 
        defend its people and territory. And perhaps one day, we can 
        even cooperate in a joint defense''.
            (2) Section 1231 of the Floyd D. Spence National Defense 
        Authorization Act for Fiscal Year 2001 (as enacted into law by 
        Public Law 106-398; 1654A-329) authorized the Department of 
        Defense to establish in Russia a ``joint center for the 
        exchange of data from systems to provide early warning of 
        launches of ballistic missiles and for notification of launches 
        of such missiles'', also known as the Joint Data Exchange 
        Center (JDEC).
            (3) On March 31, 2008, Deputy Secretary of Defense Gordon 
        England stated that ``we have offered Russia a wide-ranging 
        proposal to cooperate on missile defense--everything from 
        modeling and simulation, to data sharing, to joint development 
        of a regional missile defense architecture--all designed to 
        defend the United States, Europe, and Russia from the growing 
        threat of Iranian ballistic missiles. An extraordinary series 
        of transparency measures have also been offered to reassure 
        Russia. Despite some Russian reluctance to sign up to these 
        cooperative missile defense activities, we continue to work 
        toward this goal''.
            (4) On July 6, 2009, President Barack Obama and Russian 
        President Dmitry Medvedev issued a joint statement on missile 
        defense issues, which stated that ``Russia and the United 
        States plan to continue the discussion concerning the 
        establishment of cooperation in responding to the challenge of 
        ballistic missile proliferation. . . We have instructed our 
        experts to work together to analyze the ballistic missile 
        challenges of the 21st century and to prepare appropriate 
        recommendations''.
            (5) The February 2010 report of the Ballistic Missile 
        Defense Review established as one of its central policy pillars 
        that increased international missile defense cooperation is in 
        the national security interest of the United States and, with 
        regard to cooperation with Russia, the United States ``is 
        pursuing a broad agenda focused on shared early warning of 
        missile launches, possible technical cooperation, and even 
        operational cooperation''.
            (6) at the November 2010 Lisbon Summit, the North Atlantic 
        Treaty Organization (NATO) decided to develop a missile defense 
        system to ``protect NATO European populations, territory and 
        forces'' and also to seek cooperation with Russia on missile 
        defense. In its Lisbon Summit Declaration, the North Atlantic 
        Treaty Organization reaffirmed its readiness to ``invite Russia 
        to explore jointly the potential for linking current and 
        planned missile defence systems at an appropriate time in 
        mutually beneficial ways''. The new NATO Strategic Concept 
        adopted at the Lisbon Summit states that ``we will actively 
        seek cooperation on missile defence with Russia'', that ``NATO-
        Russia cooperation is of strategic importance'', and that ``the 
        security of the North Atlantic Treaty Organization and Russia 
        is intertwined''.
            (7) In a December 18, 2010, letter to the leadership of the 
        Senate, President Obama wrote that the North Atlantic Treaty 
        Organization ``invited Russia to cooperate on missile defense, 
        which could lead to adding Russian capabilities to those 
        deployed by NATO to enhance our common security against common 
        threats. The Lisbon Summit thus demonstrated that the 
        Alliance's missile defenses can be strengthened by improving 
        NATO-Russian relations. This comes even as we have made clear 
        that the system we intend to pursue with Russia will not be a 
        joint system, and it will not in any way limit United States' 
        or NATO's missile defense capabilities. Effective cooperation 
        with Russia could enhance the overall efficiency of our 
        combined territorial missile defenses, and at the same time 
        provide Russia with greater security''.
            (8) Section 221(a)(3) of the Ike Skelton National Defense 
        Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 
        Stat. 4167) states that it is the sense of Congress ``to 
        support the efforts of the United States Government and the 
        North Atlantic Treaty Organization to pursue cooperation with 
        the Russian Federation on ballistic missile defense relative to 
        Iranian missile threats''.
            (9) In a speech in Russia on March 21, 2011, Secretary of 
        Defense Robert Gates cited ``the NATO-Russian decision to 
        cooperate on defense against ballistic missiles. We've 
        disagreed before, and Russia still has uncertainties about the 
        European Phased Adaptive Approach, a limited system that poses 
        no challenges to the large Russian nuclear arsenal. However, 
        we've mutually committed to resolving these difficulties in 
        order to develop a roadmap toward truly effective anti-
        ballistic missile collaboration. This collaboration may include 
        exchanging launch information, setting up a joint data fusion 
        center, allowing greater transparency with respect to our 
        missile defense plans and exercises, and conducting a joint 
        analysis to determine areas of future cooperation''.
            (10) In testimony to the Committee on Armed Services of the 
        Senate on April 13, 2011, Deputy Assistant Secretary of Defense 
        for Nuclear and Missile Defense Policy Bradley H. Roberts 
        stated that the United States has been pursuing a Defense 
        Technology Cooperation Agreement with Russia since 2004, and 
        that such an agreement is necessary ``for the safeguarding of 
        sensitive information in support of cooperation'' on missile 
        defense, and to ``provide the legal framework for undertaking 
        cooperative efforts.'' Further, Dr. Roberts stated that the 
        United States would not provide any classified information to 
        Russia without first conducting a National Disclosure Policy 
        review. He also stated that the United States is not 
        considering sharing ``hit-to-kill'' technology with Russia.
            (11) The United States and Russia already engage in 
        substantial cooperation on a number of international security 
        efforts, including nuclear nonproliferation, anti-piracy, 
        counter-narcotics, nuclear security, counter-terrorism, and 
        logistics resupply through Russia of coalition forces in 
        Afghanistan. These areas of cooperation require each side to 
        share and protect sensitive information, which they have both 
        done successfully.
            (12) The United States currently has shared early warning 
        agreements and programs of cooperation with eight nations in 
        addition to the North Atlantic Treaty Organization. The United 
        States has developed procedures and mechanisms for sharing 
        early warning information with partner nations while ensuring 
        the protection of sensitive United States information.
            (13) Russia and the United States each have missile launch 
        early warning and detection and tracking sensors that could 
        contribute to and enhance each others' ability to detect, 
        track, an defend against ballistic missile threats from Iran.
            (14) The Obama Administration has provided regular 
        briefings to Congress on its discussions with Russia on 
        possible missile defense cooperation.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) it is in the national security interest of the United 
        States to pursue efforts at missile defense cooperation with 
        Russia that would enhance the security of the United States, 
        its North Atlantic Treaty Organization allies, and Russia, 
        particularly against missile threats from Iran;
            (2) the United States should pursue ballistic missile 
        defense cooperation with Russia on both a bilateral basis and a 
        multilateral basis with its North Atlantic Treaty Organization 
        allies, particularly through the NATO-Russia Council;
            (3) missile defense cooperation with Russia should not ``in 
        any way limit United States' or NATO's missile defense 
        capabilities'', as acknowledged in the December 18, 2010, 
        letter from President Obama to the leadership of the Senate, 
        and should be mutually beneficial and reciprocal in nature; and
            (4) the United States should pursue missile defense 
        cooperation with Russia in a manner that ensures that--
                    (A) United States classified information is 
                appropriately safeguarded and protected from 
                unauthorized disclosure;
                    (B) prior to sharing classified information with 
                Russia, the United States conducts a National 
                Disclosure Policy review and determines the types and 
                levels of information that may be shared and whether 
                any additional procedures are necessary to protect such 
                information;
                    (C) prior to entering into missile defense 
                technology cooperation projects, the United States 
                enters into a Defense Technology Cooperation Agreement 
                with Russia that establishes the legal framework for a 
                broad spectrum of potential cooperative defense 
                projects; and
                    (D) such cooperation does not limit the missile 
                defense capabilities of the United States or its North 
                Atlantic Treaty Organization allies.
    (c) Report.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to the appropriate committees of Congress a report on the 
        status of efforts to reach agreement with Russia on missile 
        defense cooperation.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following:
                    (A) A summary of the status of discussions between 
                the United States and Russia, and between the North 
                Atlantic Treaty Organization and Russia, on efforts to 
                agree on missile defense cooperation.
                    (B) A description of any agreements reached 
                pursuant to such discussions, and any specific 
                cooperative measures agreed, implemented, or planned.
                    (C) A discussion of the manner in which such 
                cooperative measures would enhance the security of the 
                United States, and the manner in which such cooperative 
                measures fit within the larger context of United 
                States-Russian cooperation on international security.
                    (D) A description of the status of efforts to 
                conclude a bilateral Defense Technology Cooperation 
                Agreement with Russia.
                    (E) A description of the status of any National 
                Disclosure Policy Review relative to the possible 
                sharing of classified information with Russia 
                concerning missile defense cooperation.
                    (F) A discussion of the actions that are being 
                taken or are planned to be taken to safeguard United 
                States classified information in any agreement or 
                discussions with Russia concerning missile defense 
                cooperation.
            (3) Form of report.--The report required by paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (4) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committees on Armed Services, Foreign 
                Relations, and Appropriations of the Senate; and
                    (B) the Committees on Armed Services, Foreign 
                Affairs, and Appropriations of the House of 
                Representatives.

                          Subtitle D--Reports

SEC. 251. 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 ``2020''.

                       Subtitle E--Other Matters

SEC. 261. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE 
              TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND 
              DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.

    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.''.

                  TITLE III--OPERATION AND MAINTENANCE

              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. MODIFICATION OF ENERGY PERFORMANCE GOALS.

    (a) Modification of Goals.--Section 2911(e) of title 10, United 
States Code, is amended--
            (1) in the subsection heading, by striking ``Goal'' and 
        inserting ``Goals''; and
            (2) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting before subparagraph (D), as 
                redesignated by subparagraph (A) of this paragraph, the 
                following new subparagraphs:
            ``(A) to produce or procure not less than 12 percent of the 
        total quantity of facility energy it consumes within its 
        facilities during each of fiscal years 2015 through 2017 from 
        renewable energy sources;
            ``(B) to produce or procure not less than 16 percent of the 
        total quantity of facility energy it consumes within its 
        facilities during each of fiscal years 2018 through 2020 from 
        renewable energy sources;
            ``(C) to produce or procure not less than 20 percent of the 
        total quantity of facility energy it consumes within its 
        facilities during each of fiscal years 2021 through 2024 from 
        renewable energy sources;''.
    (b) Inclusion of Direct Solar as Energy Efficient Product.--Section 
2915(e)(2)(A) of such title is amended by inserting ``direct solar,'' 
after ``Roof-top solar thermal,''.

SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS.

    (a) In General.--Chapter 160 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2711. Annual report on defense environmental programs
    ``(a) Report Required.--The Secretary of Defense shall submit to 
Congress each year, not later than 45 days after the date on which the 
President submits to Congress the budget for a fiscal year, a report on 
defense environmental programs. Each report shall include:
            ``(1) With respect to environmental restoration activities 
        of the Department of Defense, and for each of the military 
        departments, the following elements:
                    ``(A) Information on the Installation Restoration 
                Program, including the following:
                            ``(i) The total number of sites in the IRP.
                            ``(ii) The number of sites in the IRP that 
                        have reached the Remedy in Place Stage and the 
                        Response Complete Stage, and the change in such 
                        numbers in the preceding calendar 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 IRP.
                    ``(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 calendar 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 fiscal year for 
                which the budget is submitted, and the fiscal year 
                following the fiscal year for which the budget is 
                submitted; and
                    ``(B) an explanation for any significant change in 
                such amounts during the period covered.
            ``(3) With respect to the environmental technology program 
        of the Department of Defense--
                    ``(A) a report on the progress made by in achieving 
                the objectives and goals of its environmental 
                technology program during the preceding fiscal year and 
                an overall trend analysis for the program covering the 
                previous four fiscal years; and
                    ``(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. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED 
              PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING 
              COMPLEX, WASHINGTON.

    (a) Authority to Transfer Funds.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of the Navy may transfer not more than 
        $45,000 to the Hazardous Substance Superfund Jackson Park 
        Housing Complex, Washington, special account.
            (2) Purpose of transfer.--The payment under paragraph (1) 
        is to pay a stipulated penalty assessed by the Environmental 
        Protection Agency on October 7, 2009, against the Jackson Park 
        Housing Complex, Washington, for the failure by the Navy to 
        submit a draft Final Remedial Investigation/Feasibility Study 
        for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) 
        in accordance with the requirements of the Interagency 
        Agreement (Administrative Docket No. CERCLA-10-2005-0023).
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using funds authorized to be appropriated by section 301 for 
operation and maintenance for Environmental Restoration, Navy.
    (c) Use of Funds.--The amount transferred under subsection (a) 
shall be used by the Environmental Protection Agency to pay the penalty 
described under paragraph (2) of such subsection.

SEC. 314. 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. 315. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED 
              FORCES.

    (a) Discharge Restrictions for Ships of the Armed Forces.--
Subsection (b) of section 3 of the Act to Prevent Pollution from Ships 
(33 U.S.C. 1902(b)) is amended to read as follows:
    ``(b)(1) Except as provided in paragraph (3), this Act shall not 
apply to--
            ``(A) a ship of the Armed Forces described in paragraph 
        (2); or
            ``(B) any other ship specifically excluded by the MARPOL 
        Protocol or the Antarctic Protocol.
    ``(2) A ship described in this paragraph is a ship that is owned or 
operated by the Secretary, with respect to the Coast Guard, or by the 
Secretary of a military department, and that, as determined by the 
Secretary concerned--
            ``(A) has unique military design, construction, manning, or 
        operating requirements; and
            ``(B) cannot fully comply with the discharge requirements 
        of Annex V to the Convention because compliance is not 
        technologically feasible or would impair the operations or 
        operational capability of the ship.
    ``(3)(A) Notwithstanding any provision of the MARPOL Protocol, the 
requirements of Annex V to the Convention shall apply to all ships 
referred to in subsection (a) other than those described in paragraph 
(2).
    ``(B) A ship that is described in paragraph (2) shall limit the 
discharge into the sea of garbage as follows:
            ``(i) The discharge into the sea of plastics, including 
        synthetic ropes, synthetic fishing nets, plastic garbage bags, 
        and incinerator ashes from plastic products that may contain 
        toxic chemicals or heavy metals, or the residues thereof, is 
        prohibited.
            ``(ii) Garbage consisting of the following material may be 
        discharged into the sea, subject to subparagraph (C):
                    ``(I) A non-floating slurry of seawater, paper, 
                cardboard, or food waste that is capable of passing 
                through a screen with openings no larger than 12 
                millimeters in diameter.
                    ``(II) Metal and glass that have been shredded and 
                bagged (in compliance with clause (i)) so as to ensure 
                negative buoyancy.
                    ``(III) With regard to a submersible, nonplastic 
                garbage that has been compacted and weighted to ensure 
                negative buoyancy.
                    ``(IV) Ash from incinerators or other thermal 
                destruction systems not containing toxic chemicals, 
                heavy metals, or incompletely burned plastics.
    ``(C)(i) Garbage described in subparagraph (B)(ii)(I) may not be 
discharged within 3 nautical miles of land.
    ``(ii) Garbage described in subclauses (II), (III), and (IV) of 
subparagraph (B)(ii) may not be discharged within 12 nautical miles of 
land.
    ``(D) Notwithstanding subparagraph (C), a ship described in 
paragraph (2) that is not equipped with garbage-processing equipment 
sufficient to meet the requirements of subparagraph (B)(ii) may 
discharge garbage that has not been processed in accordance with 
subparagraph (B)(ii) if such discharge occurs as far as practicable 
from the nearest land, but in any case not less than--
            ``(i) 12 nautical miles from the nearest land, in the case 
        of food wastes and non-floating garbage, including paper 
        products, cloth, glass, metal, bottles, crockery, and similar 
        refuse; and
            ``(ii) 25 nautical miles from the nearest land, in the case 
        of all other garbage.
    ``(E) This paragraph shall not apply when discharge of any garbage 
is necessary for the purpose of securing the safety of the ship, the 
health of the ship's personnel, or saving life at sea.
    ``(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''.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

    Section 2476 of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``Each fiscal year, the 
        Secretary of a military department shall invest'' and inserting 
        ``Each fiscal year, it shall be the objective of the Secretary 
        of a military department to invest'';
            (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 adding at the end the following: ``It does 
                not include funds spent for any other repair or 
                activity to maintain or sustain existing facilities, 
                infrastructure, or equipment.'';
            (3) in subsection (d)--
                    (A) by striking ``(1) Not later than'' and 
                inserting ``Not later than'';
                    (B) by striking ``summarizing the level of capital 
                investment for each military department'' and inserting 
                ``summarizing the level of capital investment in the 
                military departments''; and
                    (C) by striking paragraph (2); and
            (4) in subsection (e)(1), by adding at the end the 
        following new subparagraphs:
                    ``(I) Crane Ammunition Activity, Indiana.
                    ``(J) McAlester Ammunition Plant, Oklahoma.
                    ``(K) Radford Ammunition Plant, Virginia.
                    ``(L) Lake City Ammunition Plant, Missouri.
                    ``(M) Holsten Ammunition Plant, Tennessee.
                    ``(N) Scranton Ammunition Plant, Pennsylvania.
                    ``(O) Iowa Ammunition Plant, Iowa.
                    ``(P) Milan Ammunition Plant, Tennessee.
                    ``(Q) Joint System Manufacturing Center, Lima 
                Ohio.''.

SEC. 322. LIMITATION ON REVISING THE DEFINITION OF DEPOT-LEVEL 
              MAINTENANCE.

    (a) Limitation.--The Secretary of Defense or any of the Secretaries 
of the military departments may not issue guidance, regulations, 
policy, or revisions to any Department of Defense or service 
instructions containing a revision to the definition of depot-level 
maintenance unless the Secretary submits to the congressional defense 
committees the report described in subsection (b).
    (b) Report.--The report referred to in subsection (a) is a report 
prepared by the Defense Business Board regarding the advisability of 
establishing a single definition of depot-level maintenance, taking 
into consideration--
            (1) the total industrial capacity, both in the private 
        sector industry and in the depots;
            (2) the importance of establishing requirements and 
        allocating workload on the basis of sound business case 
        analyses; and
            (3) establishing transparency and accountability in the 
        development of the core workload requirements and in the 
        allocation of workload under the requirements in section 2466 
        of title 10, United States Code.

SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS CENTERS OF 
              INDUSTRIAL AND TECHNICAL EXCELLENCE.

    Section 2474(a)(1) of title 10, United States Code, is amended by 
inserting ``and may designate any military industrial facility'' after 
``shall designate each depot-level activity''.

SEC. 324. REPORT ON DEPOT-LEVEL MAINTENANCE AND RECAPITALIZATION OF 
              CERTAIN PARTS AND EQUIPMENT.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Defense Logistics Agency 
(DLA), in consultation with the military departments, shall submit to 
the congressional defense committees a report on the status of the DLA 
Joint Logistics Operations Center's Drawdown, Retrograde and Reset 
Program for the equipment from Iraq and Afghanistan and the status of 
the overall supply chain management for depot-level activities.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) 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.
            (2) A review of critical warfighter requirements that are 
        being impacted by a lack of supplies and parts and an 
        explanation of steps that the Director plans to take to meet 
        the demand requirements of the military departments.
            (3) An assessment of the feasibility and advisability of 
        working with outside commercial partners to utilize flexible 
        and efficient turn-key rapid production systems to meet rapidly 
        emerging warfighter requirements.
            (4) 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.
    (c) Flexible and Efficient Turn-key Rapid Production Systems 
Defined.--For the purposes of this section, 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:
            (1) 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.
            (2) Speed to market.--Systems that provide for flexibility 
        that allows rapid introduction of subassemblies for new parts 
        and weapons systems to the warfighter.
            (3) 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.

                          Subtitle D--Reports

SEC. 331. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE.

    (a) Study.--
            (1) In general.--The Secretary of the Air Force shall 
        conduct a study on the ability of the major air test and 
        training range infrastructure, including major military 
        operating area airspace and special use airspace, to support 
        the full spectrum of Air Force operations. The Secretary shall 
        incorporate the results of the study into a master plan for 
        requirements and proposed investments to meet Air Force 
        training and test needs through 2025. The study and the master 
        plan shall be known as the ``2025 Air Test and Training Range 
        Enhancement Plan''.
            (2) Consultation.--The Secretary of the Air Force shall, in 
        conducting the study required under paragraph (1), consult with 
        the Secretaries of the other military departments to determine 
        opportunities for joint use and training of the ranges, and to 
        assess the requirements needed to support combined arms 
        training on the ranges. The Secretary shall also consult with 
        the Department of the Interior, the Department of Agriculture, 
        the Federal Aviation Administration, the Federal Energy 
        Regulation Commission, and the Department of Energy to assess 
        the need for transfers of administrative control of certain 
        parcels of airspace and land to the Department of Defense to 
        protect the missions and control of the ranges.
            (3) Continuation of range infrastructure improvements.--The 
        Secretary of the Air Force may proceed with all ongoing and 
        scheduled range infrastructure improvements while conducting 
        the study required under paragraph (1).
    (b) Reports.--
            (1) In general.--The Secretary of the Air Force shall 
        submit to the congressional defense committees an interim 
        report and a final report on the plan to meet the requirements 
        under subsection (a) not later than one year and two years, 
        respectively, after the date of the enactment of this Act.
            (2) Content.--The plan submitted under paragraph (1) 
        shall--
                    (A) document the current condition and adequacy of 
                the major Air Force test and training range 
                infrastructure in the United States to meet test and 
                training requirements;
                    (B) identify potential areas of concern for 
                maintaining the physical safety, security, and current 
                operating environment of such infrastructure;
                    (C) identify potential issues and threats related 
                to the sustainability of the test and training 
                infrastructure, including electromagnetic spectrum 
                encroachment, overall bandwidth availability, and 
                protection of classified information;
                    (D) assess coordination among ranges and local, 
                state, regional, and Federal entities involved in land 
                use planning, and develop recommendations on how to 
                improve communication and coordination of such 
                entities;
                    (E) propose remedies and actions to manage economic 
                development on private lands on or surrounding the test 
                and training infrastructure to preserve current 
                capabilities;
                    (F) identify critical parcels of land not currently 
                under the control of the Air Force for acquisition of 
                deed or restrictive easements in order to protect 
                current operations, access and egress corridors, and 
                range boundaries, or to expand the capability of the 
                air test and training ranges;
                    (G) identify which parcels identified pursuant to 
                subparagraph (F) could, through the acquisition of 
                conservation easements, serve military interests while 
                also preserving recreational access to public and 
                private lands, protecting wildlife habitat, or 
                preserving opportunities for energy development and 
                energy transmission;
                    (H) prioritize improvements and modernization of 
                the facilities, equipment, and technology supporting 
                the infrastructure in order to provide a test and 
                training environment that accurately simulates and or 
                portrays the full spectrum of threats and targets of 
                likely United States adversaries in 2025;
                    (I) incorporate emerging requirements generated by 
                requirements for virtual training and new weapon 
                systems, including the F-22, the F-35, space and cyber 
                systems, and Remotely Piloted Aircraft;
                    (J) assess the value of State and local legislative 
                initiatives to protect Air Force test and training 
                range infrastructure;
                    (K) identify parcels with no value to future 
                military operations; and
                    (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.
            (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. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL OPERATIONS 
              FORCES.

    (a) Study.--
            (1) In general.--The Commander of the United States Special 
        Operations Command shall conduct a study on the ability of 
        existing training ranges used by special operations forces, 
        including military operating area airspace and special use 
        airspace, to support the full spectrum of missions and 
        operations assigned to special operations forces.
            (2) Consultation.--The Commander shall, in conducting the 
        study required under paragraph (1), consult with the 
        Secretaries of the military departments, the Office of the 
        Secretary of Defense, and the Joint Staff on--
                    (A) procedures and priorities for joint use and 
                training on ranges operated by the military services, 
                and to assess the requirements needed to support 
                combined arms training on the ranges; and
                    (B) requirements and proposed investments to meet 
                special operations training requirements through 2025.
    (b) Reports.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Commander shall submit to the 
        congressional defense committees a report on the plan to meet 
        the requirements under subsection (a).
            (2) Content.--The study submitted under paragraph (1) 
        shall--
                    (A) assess the current condition and adequacy of, 
                and access to, all existing training ranges in the 
                United States used by special operations forces;
                    (B) identify potential areas of concern for 
                maintaining the physical safety, security, and current 
                operating environment of ranges used by special 
                operations forces;
                    (C) identify issues and challenges related to the 
                availability and sustainability of the existing 
                training ranges used by special operations forces, 
                including support of a full spectrum of operations and 
                protection of classified missions and tactics;
                    (D) assess coordination among ranges and local, 
                State, regional, and Federal entities involved in land 
                use planning and the protection of ranges from 
                encroachment;
                    (E) propose remedies and actions to ensure 
                consistent and prioritized access to existing ranges;
                    (F) prioritize improvements and modernization of 
                the facilities, equipment, and technology supporting 
                the ranges in order to adequately simulate the full 
                spectrum of threats and contingencies for special 
                operations forces; and
                    (G) propose a list of prioritized projects, 
                easements, acquisitions, or other actions, including 
                estimated costs required to upgrade training range 
                infrastructure.
            (3) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex as necessary.

SEC. 333. 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. 334. MODIFIED DEADLINE FOR ANNUAL REPORT ON BUDGET SHORTFALLS FOR 
              IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.

    Section 138c(e)(4) of title 10, United States Code, as transferred 
and redesignated by section 901(b)(7) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 
Stat. 4320), is amended--
            (1) by striking ``10 days after the date on which the 
        budget for a fiscal year is submitted pursuant to section 1105 
        of title 31'' and inserting ``March 31 each year, beginning 
        March 31, 2012''; and
            (2) by striking ``for that fiscal year'' and inserting 
        ``for the fiscal year beginning in that calendar year''.

                       Subtitle E--Other Matters

SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO 
              ENTER INTO COOPERATIVE AGREEMENTS WITH NON-ARMY ENTITIES.

    (a) Extension of Authority.--Section 4544 of title 10, United 
States Code, is amended--
            (1) in subsection (a), by striking ``enter into not more 
        than eight contracts or cooperative agreements'' and all that 
        follows through the period at the end and inserting ``enter 
        into not more than 15 contracts or cooperative agreements in 
        any fiscal year.''; and
            (2) in subsection (k), by striking ``September 30, 2014'' 
        and inserting ``September 30, 2025''.
    (b) Approval Authority.--Subsection (f) of such section is amended 
by striking ``exercised at the level of the commander of the major 
subordinate command'' and all that follows through ``The commander may 
approve'' and inserting ``exercised at the level of the Commander of 
Army Materiel Command. The Commander may approve''.

SEC. 342. WORKING-CAPITAL FUND ACCOUNTING.

    Section 2208(k) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) All capital assets financed by a working-capital fund and 
subject to paragraph (2) shall be capitalized and depreciated for 
budgeting, rate setting, and financial accounting purposes. 
Procurements not subject to paragraph (2) shall be immediately expensed 
and shall not be capitalized or depreciated in financial accounting 
records or reported on financial statements as an asset.''.

SEC. 343. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS 
              AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS, 
              AND FIRED CARTRIDGE CASES.

    Section 346 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4191; 10 U.S.C. 
2576 note) is amended to read as follows:

``SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS 
              AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS, 
              AND FIRED CARTRIDGE CASES.

    ``(a) Commercial Sale of Small Arms Ammunition, Small Ammunition 
Components, and Fired Cartridge Cases.--Small arms ammunition and small 
ammunition components which are in excess of military requirements, and 
intact fired small arms cartridge cases shall be made available for 
commercial sale. Such small arms ammunition, small arms ammunition 
components, and intact fired cartridge cases shall not be 
demilitarized, destroyed, or disposed of, unless in excess of 
commercial demands or certified by the Secretary of Defense as 
unserviceable or unsafe. This provision shall not apply to ammunition, 
ammunition components, or fired cartridge cases stored or expended 
outside the continental United States (OCONUS).
    ``(b) Deadline for Guidance.--Not later than 90 days after the date 
of the enactment of the National Defense Authorization Act for Fiscal 
Year 2012, the Secretary of Defense shall issue guidance to ensure 
compliance with subsection (a). Not later than 15 days after issuing 
such guidance, the Secretary shall submit to the congressional defense 
committees a letter of compliance providing notice of such guidance.
    ``(c) Preference.--No small arms ammunition or small arms 
ammunition components in excess of military requirements, or fired 
small arms cartridge cases may be made available for commercial sale 
under this section before such ammunition and ammunition components are 
offered for transfer or purchase, as authorized by law, to another 
Federal department or agency or for sale to State and local law 
enforcement, firefighting, homeland security, and emergency management 
agencies pursuant to section 2576 of title 10, United States Code, as 
amended by this Act.
    ``(d) Sales Controls.--All small arms ammunition and small arms 
ammunition components, and fired small arms cartridge cases made 
available for commercial sale under this section shall be subject to 
all explosives safety and trade security controls in effect at the time 
of sale.
    ``(e) Definitions.--In this section:
            ``(1) Small arms ammunition.--The term `small arms 
        ammunition' means ammunition or ordnance for firearms up to and 
        including .50 caliber and for shotguns.
            ``(2) Small arms ammunition components.--The term `small 
        arms ammunition components' means components, parts, 
        accessories, and attachments associated with small arms 
        ammunition.
            ``(3) Fired cartridge cases.--The term `fired cartridge 
        cases' means expended small arms cartridge cases (ESACC).''.

SEC. 344. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS TO STUDY OPTIONS 
              FOR MITIGATING ADVERSE EFFECTS OF PROPOSED OBSTRUCTIONS 
              ON MILITARY INSTALLATIONS.

    Section 358(g) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4201; 10 U.S.C. 
44718 note) is amended by amending the second sentence to read as 
follows: ``Amounts so accepted shall be and will remain available until 
expended for the purpose of offsetting the cost of measures undertaken 
by the Secretary of Defense to mitigate adverse impacts of such project 
on military operations and readiness and the cost of studying options 
for mitigating such adverse impacts.''.

SEC. 345. UTILITY DISRUPTIONS TO MILITARY INSTALLATIONS.

    (a) Policy.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop guidance 
for commanders of military installations inside the United States on 
planning measures to minimize the effects in the event of a disruption 
of services by a utility that sells natural gas, water, or electric 
energy to a military installation in the United States.
    (b) Installation Plans.--The guidance developed pursuant to 
subsection (a) shall require that, subject to such exceptions as the 
Secretary may determine to be appropriate, commanders of military 
installations inside the United States develop appropriate action plans 
to minimize the effects of events described in subsection (a).
    (c) Comptroller General Report.--Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall review the actions taken pursuant to this section 
and submit to Congress a report on the guidance developed pursuant to 
subsection (a), the plans developed pursuant to subsection (b), and any 
additional measures that may be needed to minimize the effects of an 
unplanned disruption of services by utilities as described in 
subsection (a).

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       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.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 
30, 2012, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 66,200.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 71,400.
            (7) The Coast Guard Reserve, 10,000.
    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
    (c) End Strength Increases.--Whenever units or individual members 
of the Selected Reserve of any reserve component are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such reserve component 
shall be increased proportionately by the total authorized strengths of 
such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2012, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 32,060.
            (2) The Army Reserve, 16,261.
            (3) The Navy Reserve, 10,688.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,584.
            (6) The Air Force Reserve, 2,992.

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, 10,720.
            (4) For the Air National Guard of the United States, 
        22,394.

SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS 
              TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard 
        as of September 30, 2012, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 1,600.
                    (B) For the Air National Guard of the United 
                States, 350.
            (2) Army reserve.--The number of non-dual status 
        technicians employed by the Army Reserve as of September 30, 
        2012, may not exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2012, may not exceed 90.
    (b) Non-dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
              ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2012, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time 
on full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for military personnel for fiscal year 2012 a total of 
$142,448,228,000.
    (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.

    Section 523(a)(1) of title 10, United States Code, is amended by 
striking those parts of the table pertaining to the Marine Corps and 
inserting the following:

``Marine Corps:..................
  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. VOLUNTARY RETIREMENT INCENTIVE.

    (a) In General.--Chapter 36 of title 10, United States Code, is 
amended by inserting after section 638a the following new section:
``Sec. 638b. Voluntary retirement incentive
    ``(a) Incentive for Voluntary Retirement for Certain Officers.--The 
Secretary of Defense may authorize the Secretary of a military 
department to provide a voluntary retirement incentive payment in 
accordance with this section to an officer of the armed forces under 
that Secretary's jurisdiction who is specified in subsection (b) as 
being eligible for such a payment. Any such authority provided the 
Secretary of a military department under the preceding sentence shall 
expire as specified by the Secretary of Defense, but not later than 
December 31, 2018.
    ``(b) 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.
    ``(c) 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.
    ``(d) 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.''.
    (b) 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.''.

SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.

    (a) Waiver Authority for Officers Not Designated as Joint Qualified 
Officers.--Subsection (b) of section 663 of title 10, United States 
Code, is amended--
            (1) in paragraph (1), by inserting after ``to a joint duty 
        assignment'' the following: ``(or, as authorized by the 
        Secretary in an individual case, to a joint assignment other 
        than a joint duty assignment)''; and
            (2) in paragraph (2)--
                    (A) by striking ``the joint duty assignment'' and 
                inserting ``the assignment''; and
                    (B) by striking ``a joint duty assignment'' and 
                inserting ``such an assignment''.
    (b) Exception.--Such section is further amended by adding at the 
end the following new subsection:
    ``(d) Exception for Officers Graduating From Other-than-in-
residence Programs.--(1) Subsection (a) does not apply to an officer 
graduating from a school within the National Defense University 
specified in subsection (c) following pursuit of a program on an other-
than-in-residence basis.
    ``(2) Subsection (b) does not apply with respect to any group of 
officers graduating from a school within the National Defense 
University specified in subsection (c) following pursuit of a program 
on an other-than-in-residence basis.''.

SEC. 504. MODIFICATION OF DEFINITION OF ``JOINT DUTY ASSIGNMENT'' TO 
              INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT TRAINING AND 
              EDUCATION.

    Section 668(b)(1)(B) of title 10, United States Code, is amended by 
striking ``assignments for joint'' and all that follows through ``Phase 
II'' and inserting ``student assignments for joint training and 
education''.

                Subtitle B--Reserve Component Management

SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF MEMBERS OF THE SELECTED 
              RESERVE AND CERTAIN MEMBERS OF THE INDIVIDUAL READY 
              RESERVE FOR PREPLANNED MISSIONS.

    (a) Authority.--
            (1) In general.--Chapter 1209 of title 10, United States 
        Code, is amended by inserting after section 12304 the following 
        new section:
``Sec. 12304a. Selected Reserve and certain Individual Ready Reserve 
              members: order to active duty for preplanned missions
    ``(a) Authority.--When the Secretary of a military department 
determines that it is necessary to augment the active forces for a 
preplanned mission, the Secretary may, subject to subsection (b), order 
any unit, and any member not assigned to a unit organized to serve as a 
unit, of the Selected Reserve (as defined in section 10143(a) of this 
title), or any member in the Individual Ready Reserve mobilization 
category and designated as essential under regulations prescribed by 
the Secretary, under the jurisdiction of the Secretary, without the 
consent of the members, to active duty for not more than 365 
consecutive days.
    ``(b) Limitations.--(1) Units or members 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 or 
        members 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 or members are 
        anticipated to be ordered to active duty and the anticipated 
        length of time of the order of such units or members to active 
        duty on an involuntary basis.
    ``(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 or member of the Selected Reserve or 
Individual Ready 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 units or members.
    ``(e) Termination of Duty.--Whenever any unit of the Selected 
Reserve or any member of the Selected Reserve not assigned to a unit 
organized to serve as a unit, or any member of the Individual Ready 
Reserve, is ordered to active duty under subsection (a), the service of 
all units or members so ordered to active duty may be terminated by--
            ``(1) order of the Secretary of the military department 
        concerned, or
            ``(2) 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 members of the Selected Reserve and the Individual 
Ready 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 the 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 of orders to active duty under 
subsection (g). Such policies and procedures shall not go into effect 
until approved by the Secretary of Defense.
    ``(i) Definitions.--In this section:
            ``(1) The term `defense budget materials' has the meaning 
        given that term in section 231(d)(2) of this title.
            ``(2) The term `Individual Ready Reserve mobilization 
        category' means, in the case of any reserve component, the 
        category of the Individual Ready Reserve described in section 
        10144(b) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1209 of such title is amended by inserting 
        after the item relating to section 12304 the following new 
        item:

``12304a. Selected Reserve and certain Individual Ready Reserve 
                            members: order to active duty for 
                            preplanned missions.''.
    (b) Clarifying Amendments Relating to Authority To Order 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. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION 
              FOR CERTAIN 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) Certain Reserve Officers.--A reserve officer who is employed 
as military technician (dual status) under section 10216 of this title, 
and who has been retained beyond the mandatory removal date for years 
of service under section 10216(f) or 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. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST 
              BE PROVIDED TO RESERVE COMPONENT MEMBERS BEING 
              DEMOBILIZED.

    Section 1142(a)(3)(B) of title 10, United States Code, is amended 
by inserting ``or in the event a member of a reserve component is being 
demobilized under circumstances in which (as determined by the 
Secretary concerned) operational requirements make the 90-day 
requirement under subparagraph (A) unfeasible,'' after ``or separation 
date,''.

SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A DISTINCT 
              PERSONNEL MANAGEMENT CATEGORY.

    (a) Independent Study Required.--The Secretary of Defense shall 
conduct an independent study of the feasibility and advisability of 
terminating the military technician as a distinct personnel management 
category of the Department of Defense.
    (b) Elements.--In conducting the study required by subsection (a), 
the Secretary shall--
            (1) identify various options for deploying units of the 
        Selected Reserve of the Ready Reserve that otherwise use 
        military technicians through use of a combination of active 
        duty personnel, reserve component personnel, State civilian 
        employees, and Federal civilian employees in a manner that 
        meets mission requirements without harming unit readiness;
            (2) identify various means for the management by the 
        Department of the transition of military technicians to a 
        system that relies on traditional personnel categories of 
        active duty personnel, reserve component personnel, and 
        civilian personnel, and for the management of any effects of 
        that transition on the pay and benefits of current military 
        technicians (including means for mitigating or avoiding such 
        effects in the course of such transition);
            (3) determine whether military technicians who are employed 
        at the commencement of the transition described in paragraph 
        (2) should remain as technicians, whether with or without a 
        military status, until separation or retirement, rather than 
        transitioned to such a traditional personnel category;
            (4) identify and take into account the unique needs of the 
        National Guard in the management and use of military 
        technicians;
            (5) determine potential cost savings, if any, to be 
        achieved as a result of the transition described in paragraph 
        (2), including savings in long-term mandatory entitlement costs 
        associated with military and civil service retirement 
        obligations;
            (6) develop a recommendation on the feasibility and 
        advisability of terminating the military technician as a 
        distinct personnel management category, and, if the termination 
        is determined to be feasible and advisable, develop 
        recommendations for appropriate legislative and administrative 
        action to implement the termination; and
            (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.
    (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. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.

    (a) Repeal.--Section 436 of title 37, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by striking the item relating to 
section 436.

SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS FOR 
              UNSUITABILITY BASED ON THE SAME MEDICAL CONDITION FOR 
              WHICH THEY WERE DETERMINED TO BE FIT FOR DUTY.

    (a) Prohibition.--Subsection (a) of section 1214a of title 10, 
United States Code, is amended by inserting ``, or deny reenlistment of 
the member,'' after ``a member described in subsection (b)''.
    (b) Conforming Amendment.--Subsection (c)(3) of such section is 
amended by inserting ``or denial of reenlistment'' after ``to warrant 
administrative separation''.
    (c) Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 1214a. Members determined fit for duty in Physical Evaluation 
              Board: prohibition on involuntary administrative 
              separation or denial of reenlistment due to unsuitability 
              based on medical conditions considered in evaluation''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 61 of such title is amended by striking 
        the item relating to section 1214a and inserting the following 
        new item:

``1214a. Members determined fit for duty in Physical Evaluation Board: 
                            prohibition on involuntary administrative 
                            separation or denial of reenlistment due to 
                            unsuitability based on medical conditions 
                            considered in evaluation.''.

SEC. 523. 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. 524. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS.

    Section 1175a(k)(1) of title 10, United States Code, is amended by 
striking ``December 31, 2012'' and inserting ``December 31, 2018''.

SEC. 525. 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 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. 526. 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 a person who--
                    (A) receives a diploma from a secondary school that 
                is legally operating; or
                    (B) otherwise completes a program of secondary 
                education in compliance with the education laws of the 
                State in which the person resides.
    (b) Policy on Recruitment and Enlistment.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall prescribe a policy on recruitment and enlistment that 
incorporates the following:
            (1) Means for identifying persons described in subsection 
        (a)(2) who are qualified for recruitment and enlistment in the 
        Armed Forces, which may include the use of a noncognitive 
        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.

                   Subtitle D--Education and Training

SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY 
              EDUCATION.

    (a) Authority To Credit Military Graduates of the National Defense 
Intelligence College With Completion of Joint Professional Military 
Education 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) Authority for Other-than-in Residence Program Taught Through 
Joint Forces Staff College.--
            (1) In general.--Section 2154(a)(2) of such title is 
        amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``in residence at'';
                    (B) in subparagraph (A), by inserting ``by'' after 
                ``(A)''; and
                    (C) in subparagraph (B), by inserting ``in 
                residence at'' after ``(B)''.
            (2) Conforming amendment.--Section 2156(b) of such title is 
        amended by inserting ``in residence'' after ``course of 
        instruction offered''.

SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION 
              PROGRAMS.

    (a) Medical Students of USUHS.--Section 2114(b) of title 10, United 
States Code, is amended--
            (1) in paragraph (1), by striking the second sentence and 
        inserting the following new sentences: ``Each medical student 
        shall be appointed as a regular officer in the grade of second 
        lieutenant or ensign. An officer so appointed may, upon meeting 
        such criteria for promotion as may be prescribed by the 
        Secretary concerned, be appointed in the regular grade of first 
        lieutenant or lieutenant (junior grade). Medical students 
        commissioned under this section shall serve on active duty in 
        their respective grades.''; and
            (2) in paragraph (2), by striking ``grade of second 
        lieutenant or ensign'' and inserting ``grade in which the 
        member is serving under paragraph (1)''.
    (b) Participants in Health Professions Scholarship and Financial 
Assistance Program.--Section 2121(c) of such title is amended--
            (1) in paragraph (1), by striking the second sentence and 
        inserting the following new sentences: ``Each person so 
        commissioned shall be appointed as a reserve officer in the 
        grade of second lieutenant or ensign. An officer so appointed 
        may, upon meeting such criteria for promotion as may be 
        prescribed by the Secretary concerned, be appointed in the 
        reserve grade of first lieutenant or lieutenant (junior grade). 
        Medical students commissioned under this section shall serve on 
        active duty in their respective grades for a period of 45 days 
        during each year of participation in the program.''; and
            (2) in paragraph (2), by striking ``grade of second 
        lieutenant or ensign'' and inserting ``grade in which the 
        member is serving under paragraph (1)''.
    (c) Officers Detailed as Students at Medical Schools.--Subsection 
(e) of section 2004a of such title is amended--
            (1) in the subsection heading, by striking ``Appointment 
        and Treatment of Prior Active Service'' and inserting ``Service 
        on Active Duty''; and
            (2) by striking paragraph (1) and inserting the following 
        new paragraph (1):
    ``(1) A commissioned officer detailed under subsection (a) shall 
serve on active duty, subject to the limitations on grade specified in 
section 2114(b)(1) of this title and with the entitlement to basic pay 
as specified in section 2114(b)(2) of this title.''.

SEC. 543. 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; and
            ``(D) if required by regulations prescribed by the 
        Secretary of Defense, agrees to apply for, if eligible, and 
        accept, if offered, residency training in a health profession 
        skill that has been designated by the Secretary as a critically 
        needed wartime skill.
    ``(2) Under the agreement--
            ``(A) the Secretary of the military department concerned 
        shall agree to pay the participant a stipend, in the amount 
        determined under subsection (g), for the period or the 
        remainder of the period that the student is satisfactorily 
        progressing toward a degree in clinical psychology or social 
        work while enrolled in a school accredited in the designated 
        mental health discipline;
            ``(B) the participant shall not be eligible to receive such 
        stipend before appointment, designation, or assignment as an 
        officer for service in the Ready Reserve;
            ``(C) the participant shall be subject to such active duty 
        requirements as may be specified in the agreement and to active 
        duty in time of war or national emergency as provided by law 
        for members of the Ready Reserve; and
            ``(D) the participant shall agree to serve, upon successful 
        completion of the program, one year in the Ready Reserve for 
        each six months, or part thereof, for which the stipend is 
        provided, to be served in the Selected Reserve or in the 
        Individual Ready Reserve as specified in the agreement.''.
    (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. 544. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR INJURED 
              FORMER OR RETIRED ENLISTED MEMBERS OF THE ARMED FORCES IN 
              ASSOCIATE DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE 
              AIR FORCE IN ORDER TO COMPLETE DEGREE PROGRAM.

    (a) In General.--Section 9315 of title 10, United 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) 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.''.
    (b) Conforming Amendments.--Subsection (d) of such section, as 
redesignated by subsection (a)(1), is amended by striking ``enlisted 
member'' both places it appears and inserting ``person''.
    (c) Effective Date.--Subsection (c) of section 9315 of title 10, 
United States Code (as added by subsection (a)(2)), shall apply to 
persons covered by paragraph (1) of such subsection who are categorized 
by the Secretary concerned as seriously wounded, ill, or injured after 
September 11, 2001. With respect to any such person who is separated 
from active duty during the period beginning on September 12, 2001, and 
ending on the date of the enactment of this Act, the 10-year period 
specified in paragraph (2) of such subsection shall be deemed to 
commence on the date of the enactment of this Act.

SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE ARMS, 
              TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS NOT 
              MAINTAINING UNITS OF JUNIOR ROTC.

    (a) Consolidation.--Chapter 152 of title 10, United States Code, is 
amended by inserting after section 2552 the following new section:
``Sec. 2552a. Arms, tentage, and equipment: educational institutions 
              not maintaining units of Junior R.O.T.C.
    ``The Secretary of a military department may issue arms, tentage, 
and equipment to an educational institution at which no unit of the 
Junior Reserve Officers' Training Corps is maintained if the 
educational institution--
            ``(1) offers a course in military training prescribed by 
        that Secretary; and
            ``(2) has a student body of at least 100 physically fit 
        students over 14 years of age.''.
    (b) Conforming Repeals.--Sections 4651, 7911, and 9651 of such 
title are repealed.
    (c) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 152 
        of such title is amended by inserting after the item relating 
        to section 2552 the following new item:

``2552a. Arms, tentage, and equipment: educational institutions not 
                            maintaining units of Junior R.O.T.C.''.
            (2) The table of sections at the beginning of chapter 441 
        of such title is amended by striking the item relating to 
        section 4651.
            (3) The table of sections at the beginning of chapter 667 
        of such title is amended by striking the item relating to 
        section 7911.
            (4) The table of sections at the beginning of chapter 941 
        of such title is amended by striking the item relating to 
        section 9651.

SEC. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON 
              ADMISSION TO THE MILITARY SERVICE ACADEMIES.

    (a) Waiver for Certain Enlisted Members.--The Secretary of the 
military department concerned may waive the maximum age limitation 
specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10, 
United States Code, for the admission of an enlisted member of the 
Armed Forces to the United States Military Academy, the United States 
Naval Academy, or the United States Air Force Academy if the member--
            (1) satisfies the eligibility requirements for admission to 
        that academy (other than the maximum age limitation); and
            (2) was or is prevented from being admitted to a military 
        service academy before the member reached the maximum age 
        specified in such sections as a result of service on active 
        duty in a theater of operations for Operation Iraqi Freedom, 
        Operation Enduring Freedom, or Operation New Dawn.
    (b) Maximum Age for Receipt of Waiver.--A waiver may not be granted 
under this section if the candidate would pass the candidate's twenty-
sixth birthday by July 1 of the year in which the candidate would enter 
the military service academy pursuant to the waiver.
    (c) Limitation on Number Admitted Using Waiver.--Not more than five 
candidates may be admitted to each of the military service academies 
for an academic year pursuant to a waiver granted under this section.
    (d) Record Keeping Requirement.--The Secretary of each military 
department shall maintain records on the number of graduates of the 
military service academy under the jurisdiction of the Secretary who 
are admitted pursuant to a waiver granted under this section and who 
remain in the Armed Forces beyond the active duty service obligation 
assumed upon graduation. The Secretary shall compare their retention 
rate to the retention rate of graduates of that academy generally.
    (e) Reports.--Not later than April 1, 2016, the Secretary of each 
military department shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report specifying--
            (1) the number of applications for waivers received by the 
        Secretary under this section;
            (2) the number of waivers granted by the Secretary under 
        this section;
            (3) the number of candidates actually admitted to the 
        military service academy under the jurisdiction of the 
        Secretary pursuant to a waiver granted by the Secretary under 
        this section; and
            (4) beginning with the class of 2009, the number of 
        graduates of the military service academy under the 
        jurisdiction of the Secretary who, before admission to that 
        academy, were enlisted members of the Armed Forces and who 
        remain in the Armed Forces beyond the active duty service 
        obligation assumed upon graduation.
    (f) Duration of Waiver Authority.--The authority to grant a waiver 
under this section expires on September 30, 2016.

        Subtitle E--Military Justice and Legal Matters Generally

SEC. 551. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL ASSAULT, AND 
              OTHER SEXUAL MISCONDUCT UNDER THE UNIFORM CODE OF 
              MILITARY JUSTICE.

    (a) Rape and Sexual Assault Generally.--Section 920 of title 10, 
United States Code (article 120 of the Uniform Code of Military 
Justice), is amended as follows:
            (1) Revised offense of rape.--Subsection (a) is amended to 
        read as follows:
    ``(a) Rape.--Any person subject to this chapter who commits a 
sexual act upon another person by--
            ``(1) using unlawful force against that other person;
            ``(2) using force causing or likely to cause death or 
        grievous bodily harm to any person;
            ``(3) threatening or placing that other person in fear that 
        any person will be subjected to death, grievous bodily harm, or 
        kidnapping;
            ``(4) first rendering that other person unconscious; or
            ``(5) administering to that other person by force or threat 
        of force, or without the knowledge or consent of that person, a 
        drug, intoxicant, or other similar substance and thereby 
        substantially impairing the ability of that other person to 
        appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may 
direct.''.
            (2) Repeal of provisions relating to offenses replaced by 
        new article 120b.--Subsections (b), (d), (f), (g), (i), (j), 
        and (o) are repealed.
            (3) Revised offense of sexual assault.--Subsection (c) is 
        redesignated as subsection (b) and is amended to read as 
        follows:
    ``(b) Sexual Assault.--Any person subject to this chapter who--
            ``(1) commits a sexual act upon another person by--
                    ``(A) threatening or placing that other person in 
                fear;
                    ``(B) causing bodily harm to that other person;
                    ``(C) making a fraudulent representation that the 
                sexual act serves a professional purpose; or
                    ``(D) inducing a belief by any artifice, pretense, 
                or concealment that the person is another person;
            ``(2) commits a sexual act upon another person when the 
        person knows or reasonably should know that the other person is 
        asleep, unconscious, or otherwise unaware that the sexual act 
        is occurring; or
            ``(3) commits a sexual act upon another person when the 
        other person is incapable of consenting to the sexual act due 
        to--
                    ``(A) impairment by any drug, intoxicant, or other 
                similar substance, and that condition is known or 
                reasonably should be known by the person; or
                    ``(B) a mental disease or defect, or physical 
                disability, and that condition is known or reasonably 
                should be known by the person;
is guilty of sexual assault and shall be punished as a court-martial 
may direct.''.
            (4) Aggravated sexual contact.--Subsection (e) is 
        redesignated as subsection (c) and is amended--
                    (A) by striking ``engages in'' and inserting 
                ``commits''; and
                    (B) by striking ``with'' and inserting ``upon''.
            (5) Abusive sexual contact.--Subsection (h) is redesignated 
        as subsection (d) and is amended--
                    (A) by striking ``engages in'' and inserting 
                ``commits'';
                    (B) by striking ``with'' and inserting ``upon''; 
                and
                    (C) by striking ``subsection (c) (aggravated sexual 
                assault)'' and inserting ``subsection (b) (sexual 
                assault)''.
            (6) Repeal of provisions relating to offenses replaced by 
        new article 120c.--Subsections (k), (l), (m), and (n) are 
        repealed.
            (7) Proof of threat.--Subsection (p) is redesignated as 
        subsection (e) and is amended--
                    (A) by striking ``the accused made'' and inserting 
                ``a person made'';
                    (B) by striking ``the accused actually'' and 
                inserting ``the person actually''; and
                    (C) by inserting before the period at the end the 
                following: ``or had the ability to carry out the 
                threat''.
            (8) Defenses.--Subsection (q) is redesignated as subsection 
        (f) and is amended to read as follows:
    ``(f) Defenses.--An accused may raise any applicable defenses 
available under this chapter or the Rules for Court-Martial. Marriage 
is not a defense for any conduct in issue in any prosecution under this 
section.''.
            (9) Provisions relating to affirmative defenses.--
        Subsections (r) and (s) are repealed.
            (10) Definitions.--Subsection (t) is redesignated as 
        subsection (g) and is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``or 
                        anus or mouth'' after ``vulva''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``genital opening'' 
                                and inserting ``vulva or anus or 
                                mouth,''; and
                                    (II) by striking ``a hand or 
                                finger'' and inserting ``any part of 
                                the body'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Sexual contact.--The term `sexual contact' means--
                    ``(A) touching, or causing another person to touch, 
                either directly or through the clothing, the genitalia, 
                anus, groin, breast, inner thigh, or buttocks of any 
                person, with an intent to abuse, humiliate, or degrade 
                any person; or
                    ``(B) any touching, or causing another person to 
                touch, either directly or through the clothing, any 
                body part of any person, if done with an intent to 
                arouse or gratify the sexual desire of any person.
        Touching may be accomplished by any part of the body.''.
                    (C) by striking paragraph (4) and redesignating 
                paragraph (3) as paragraph (4);
                    (D) by redesignating paragraph (8) as paragraph 
                (3), transferring that paragraph so as to appear after 
                paragraph (2), and amending that paragraph by inserting 
                before the period at the end the following: ``, 
                including any nonconsensual sexual act or nonconsensual 
                sexual contact'';
                    (E) in paragraph (4), as redesignated by 
                subparagraph (C), by striking the last sentence;
                    (F) by striking paragraphs (5) and (7);
                    (G) by redesignating paragraph (6) as paragraph 
                (7);
                    (H) by inserting after paragraph (4), as 
                redesignated by subparagraph (C), the following new 
                paragraphs (5) and (6):
            ``(5) Force.--The term `force' means--
                    ``(A) the use of a weapon;
                    ``(B) the use of such physical strength or violence 
                as is sufficient to overcome, restrain, or injure a 
                person; or
                    ``(C) inflicting physical harm sufficient to coerce 
                or compel submission by the victim.
            ``(6) Unlawful force.--The term `unlawful force' means an 
        act of force done without legal justification or excuse.'';
                    (I) in paragraph (7), as redesignated by 
                subparagraph (G)--
                            (i) by striking ``under paragraph (3)'' and 
                        all that follows through ``contact),''; and
                            (ii) by striking ``death, grievous bodily 
                        harm, or kidnapping'' and inserting ``the 
                        wrongful action contemplated by the 
                        communication or action.'';
                    (J) by striking paragraphs (9) through (13);
                    (K) by redesignating paragraph (14) as paragraph 
                (8) and in that paragraph--
                            (i) by inserting ``(A)'' before ``The 
                        term'';
                            (ii) by striking ``words or overt acts 
                        indicating'' and ``sexual'' in the first 
                        sentence;
                            (iii) by striking ``accused's'' in the 
                        third sentence;
                            (iv) by inserting ``or social or sexual'' 
                        before ``relationship'' in the fourth sentence;
                            (v) by striking ``sexual'' before 
                        ``conduct'' in the fourth sentence;
                            (vi) by striking ``A person cannot 
                        consent'' and all that follows through the 
                        period; and
                            (vii) by adding at the end the following 
                        new subparagraphs:
                    ``(B) A sleeping, unconscious, or incompetent 
                person cannot consent. A person cannot consent to force 
                causing or likely to cause death or grievous bodily 
                harm or to being rendered unconscious. A person cannot 
                consent while under threat or in fear or under the 
                circumstances described in subparagraph (C) or (D) of 
                subsection (b)(1).
                    ``(C) Lack of consent may be inferred based on the 
                circumstances of the offense. All the surrounding 
                circumstances are to be considered in determining 
                whether a person gave consent, or whether a person did 
                not resist or ceased to resist only because of another 
                person's actions.''; and
                    (L) by striking paragraphs (15) and (16).
            (11) Section heading.--The heading of such section 
        (article) is amended to read as follows:
``Sec. 920. Art. 120. Rape and sexual assault generally''.
    (b) Rape and Sexual Assault of a Child.--Chapter 47 of such title 
(the Uniform Code of Military Justice) is amended by inserting after 
section 920a (article 120a), as amended by subsection (a), the 
following new section (article):
``Sec. 920b. Art. 120b. Rape and sexual assault of a child
    ``(a) Rape of a Child.--Any person subject to this chapter who--
            ``(1) commits a sexual act upon a child who has not 
        attained the age of 12 years; or
            ``(2) commits a sexual act upon a child who has attained 
        the age of 12 years by--
                    ``(A) using force against any person;
                    ``(B) threatening or placing that child in fear;
                    ``(C) rendering that child unconscious; or
                    ``(D) administering to that child a drug, 
                intoxicant, or other similar substance;
is guilty of rape of a child and shall be punished as a court-martial 
may direct.
    ``(b) Sexual Assault of a Child.--Any person subject to this 
chapter who commits a sexual act upon a child who has attained the age 
of 12 years is guilty of sexual assault of a child and shall be 
punished as a court-martial may direct.
    ``(c) Sexual Abuse of a Child.--Any person subject to this chapter 
who commits a lewd act upon a child is guilty of sexual abuse of a 
child and shall be punished as a court-martial may direct.
    ``(d) Age of Child.--
            ``(1) Under 12 years.--In a prosecution under this section, 
        it need not be proven that the accused knew the age of the 
        other person engaging in the sexual act or lewd act. It is not 
        a defense that the accused reasonably believed that the child 
        had attained the age of 12 years.
            ``(2) Under 16 years.--In a prosecution under this section, 
        it need not be proven that the accused knew that the other 
        person engaging in the sexual act or lewd act had not attained 
        the age of 16 years, but it is a defense in a prosecution under 
        subsection (b) (sexual assault of a child) or subsection (c) 
        (sexual abuse of a child), which the accused must prove by a 
        preponderance of the evidence, that the accused reasonably 
        believed that the child had attained the age of 16 years, if 
        the child had in fact attained at least the age of 12 years.
    ``(e) Proof of Threat.--In a prosecution under this section, in 
proving that a person made a threat, it need not be proven that the 
person actually intended to carry out the threat or had the ability to 
carry out the threat.
    ``(f) Marriage.--In a prosecution under subsection (b) (sexual 
assault of a child) or subsection (c) (sexual abuse of a child), it is 
a defense, which the accused must prove by a preponderance of the 
evidence, that the persons engaging in the sexual act or lewd act were 
at that time married to each other, except where the accused commits a 
sexual act upon the person when the accused knows or reasonably should 
know that the other person is asleep, unconscious, or otherwise unaware 
that the sexual act is occurring or when the other person is incapable 
of consenting to the sexual act due to impairment by any drug, 
intoxicant, or other similar substance, and that condition was known or 
reasonably should have been known by the accused.
    ``(g) Consent.--Lack of consent is not an element and need not be 
proven in any prosecution under this section. A child not legally 
married to the person committing the sexual act, lewd act, or use of 
force cannot consent to any sexual act, lewd act, or use of force.
    ``(h) Definitions.--In this section:
            ``(1) Sexual act and sexual contact.--The terms `sexual 
        act' and `sexual contact' have the meanings given those terms 
        in section 920(g) of this title (article 120(g)).
            ``(2) Force.--The term `force' means--
                    ``(A) the use of a weapon;
                    ``(B) the use of such physical strength or violence 
                as is sufficient to overcome, restrain, or injure a 
                child; or
                    ``(C) inflicting physical harm.
        In the case of a parent-child or similar relationship, the use 
        or abuse of parental or similar authority is sufficient to 
        constitute the use of force.
            ``(3) Threatening or placing that child in fear.--The term 
        `threatening or placing that child in fear' means a 
        communication or action that is of sufficient consequence to 
        cause the child to fear that non-compliance will result in the 
        child or another person being subjected to the action 
        contemplated by the communication or action.
            ``(4) Child.--The term `child' means any person who has not 
        attained the age of 16 years.
            ``(5) Lewd act.--The term `lewd act' means--
                    ``(A) any sexual contact with a child;
                    ``(B) intentionally exposing one's genitalia, anus, 
                buttocks, or female areola or nipple to a child by any 
                means, including via any communication technology, with 
                an intent to abuse, humiliate, or degrade any person, 
                or to arouse or gratify the sexual desire of any 
                person;
                    ``(C) intentionally communicating indecent language 
                to a child by any means, including via any 
                communication technology, with an intent to abuse, 
                humiliate, or degrade any person, or to arouse or 
                gratify the sexual desire of any person; or
                    ``(D) any indecent conduct, intentionally done with 
                or in the presence of a child, including via any 
                communication technology, that amounts to a form of 
                immorality relating to sexual impurity which is grossly 
                vulgar, obscene, and repugnant to common propriety, and 
                tends to excite sexual desire or deprave morals with 
                respect to sexual relations.''.
    (c) Other Sexual Misconduct.--Such chapter (the Uniform Code of 
Military Justice) is further amended by inserting after section 920b 
(article 120b), as added by subsection (b), the following new section:
``Sec. 920c. Art. 120c. Other sexual misconduct
    ``(a) Indecent Viewing, Visual Recording, or Broadcasting.--Any 
person subject to this chapter who, without legal justification or 
lawful authorization--
            ``(1) knowingly and wrongfully views the private area of 
        another person, without that other person's consent and under 
        circumstances in which that other person has a reasonable 
        expectation of privacy;
            ``(2) knowingly photographs, videotapes, films, or records 
        by any means the private area of another person, without that 
        other person's consent and under circumstances in which that 
        other person has a reasonable expectation of privacy; or
            ``(3) knowingly broadcasts or distributes any such 
        recording that the person knew or reasonably should have known 
        was made under the circumstances proscribed in paragraphs (1) 
        and (2);
is guilty of an offense under this section and shall be punished as a 
court-martial may direct.
    ``(b) Forcible Pandering.--Any person subject to this chapter who 
compels another person to engage in an act of prostitution with any 
person is guilty of forcible pandering and shall be punished as a 
court-martial may direct.
    ``(c) Indecent Exposure.--Any person subject to this chapter who 
intentionally exposes, in an indecent manner, the genitalia, anus, 
buttocks, or female areola or nipple is guilty of indecent exposure and 
shall by punished as a court-martial may direct.
    ``(d) Definitions.--In this section:
            ``(1) Act of prostitution.--The term `act of prostitution' 
        means a sexual act or sexual contact (as defined in section 
        920(g) of this title (article 120(g))) on account of which 
        anything of value is given to, or received by, any person.
            ``(2) Private area.--The term `private area' means the 
        naked or underwear-clad genitalia, anus, buttocks, or female 
        areola or nipple.
            ``(3) Reasonable expectation of privacy.--The term `under 
        circumstances in which that other person has a reasonable 
        expectation of privacy' means--
                    ``(A) circumstances in which a reasonable person 
                would believe that he or she could disrobe in privacy, 
                without being concerned that an image of a private area 
                of the person was being captured; or
                    ``(B) circumstances in which a reasonable person 
                would believe that a private area of the person would 
                not be visible to the public.
            ``(4) Broadcast.--The term `broadcast' means to 
        electronically transmit a visual image with the intent that it 
        be viewed by a person or persons.
            ``(5) Distribute.--The term `distribute' means delivering 
        to the actual or constructive possession of another, including 
        transmission by electronic means.
            ``(6) Indecent manner.--The term `indecent manner' means 
        conduct that amounts to a form of immorality relating to sexual 
        impurity which is grossly vulgar, obscene, and repugnant to 
        common propriety, and tends to excite sexual desire or deprave 
        morals with respect to sexual relations.''.
    (d) Repeal of Sodomy Article.--Section 925 of such title (article 
125 of the Uniform Code of Military Justice) is repealed.
    (e) 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)'';
                    (B) by striking clause (iii); and
                    (C) in clause (v)--
                            (i) by striking ``indecent assault'';
                            (ii) by striking ``rape, or sodomy,'' and 
                        inserting ``or rape,''; and
                            (iii) by striking ``or liberties with a 
                        child''.
            (2) Murder.--Paragraph (4) of section 918 (article 118) is 
        amended--
                    (A) by striking ``sodomy,''; and
                    (B) 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,''.
    (f) Clerical Amendments.--The table of sections at the beginning of 
subchapter X of such chapter (the Uniform Code of Military Justice) is 
amended--
            (1) by striking the items relating to sections 920 and 920a 
        (articles 120 and 120a) and inserting the following new items:

``920. 120. Rape and sexual assault generally.
``920a. 120a. Stalking.
``920b. 120b. Rape and sexual assault of a child.
``920c. 120c. Other sexual misconduct.'';
        and
            (2) by striking the item relating to section 925 (article 
        125).
    (g) 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 offenses committed on or after such date.

SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.

    (a) Subpoena Duces Tecum.--Section 847 of title 10, United States 
Code (article 47 of the Uniform Code of Military Justice), is amended--
            (1) in subsection (a)(1), by striking ``board;'' and 
        inserting ``board, or has been duly issued a subpoena duces 
        tecum for an investigation, including an investigation pursuant 
        to section 832(b) of this title (article 32(b)); and''; and
            (2) in subsection (c), by striking ``or board'' and 
        inserting ``board, trial counsel, or convening authority''.
    (b) Repeal of Obsolete Provisions Relating to Fees and Mileage 
Payable to Witnesses.--Such section is further amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
            (2) by striking subsection (d).
    (c) Technical Amendments.--Subsection (a) of such section is 
further amended by striking ``subpenaed'' in paragraphs (1) and (2), as 
redesignated by subsection (b)(1)(B), and inserting ``subpoenaed''.
    (d) 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. 553. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN MILITARY PERSONNEL 
              DECISIONS.

    (a) Prohibited Personnel Actions.--Section 1034 of title 10, United 
States Code, is amended--
            (1) in subsection (f), by adding at the end the following 
        new paragraph:
    ``(7) In any case in which the final decision of the Secretary 
concerned results in denial, in whole or in part, of any requested 
correction of the member or former member's record, the member or 
former member shall be provided a concise written statement of the 
factual and legal basis for the decision, together with a statement of 
the procedure and time for obtaining review of the decision pursuant to 
section 1560 of this title.'';
            (2) in subsection (g)--
                    (A) by inserting ``(1)'' before ``Upon the 
                completion of all''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) A submittal to the Secretary of Defense under paragraph (1) 
must be made within 90 days of the receipt of the final decision of the 
Secretary of the military department concerned in the matter. In any 
case in which the final decision of the Secretary of Defense results in 
denial, in whole or in part, of any requested correction of the member 
or former member's record, the member or former member shall be 
provided a concise written statement of the basis for the decision, 
together with a statement of the procedure and time for obtaining 
review of the decision pursuant to section 1560 of this title.'';
            (3) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (4) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Judicial Review.--A decision of the Secretary of Defense 
under subsection (g) or, in a case in which review by the Secretary of 
Defense under subsection (g) was not sought or in a case arising out of 
the Coast Guard when the Coast Guard is not operating as a service in 
the Navy, a decision of the Secretary of a military department or the 
Secretary of Homeland Security under subsection (f) shall be subject to 
judicial review only as provided in section 1560 of this title.''.
    (b) Correction of Military Records.--Section 1552 of such title is 
amended--
            (1) by redesignating subsection (g) as subsection (j); and
            (2) by inserting after subsection (f) the following new 
        subsections:
    ``(g) In any case in which the final decision of the Secretary 
concerned results in denial, in whole or in part, of any requested 
correction, the claimant shall be provided a concise written statement 
of the factual and legal basis for the decision, together with a 
statement of the procedure and time for obtaining review of the 
decision pursuant to section 1560 of this title.
    ``(h) If an application for correction of military records involves 
a historically significant military event (as defined by the Secretary 
concerned), or would, if the application is approved, substantially 
modify the results of any disciplinary action or promotion decision 
regarding a general or flag officer which includes in the remedy a 
promotion by and with the advice and consent of the Senate, the 
Secretary concerned shall ensure that an advisory opinion is included 
in the record of the decision that includes a detailed chronology of 
the events in question and, at a minimum, considers the following 
information:
            ``(1) A thorough compilation of the information available 
        in the historical record, including testimony, contemporary 
        written statements, and all available records which formed the 
        basis for the military records in question.
            ``(2) The testimony or written views of contemporary 
        decision makers, if available, regarding the matters raised in 
        the application for relief regarding the military records in 
        question.
            ``(3) A summary of the available evidence for and against 
        the position taken by the applicant.
    ``(i) A decision by the Secretary concerned under this section 
shall be subject to judicial review only as provided in section 1560 of 
this title.''.
    (c) Judicial Review.--
            (1) In general.--Chapter 79 of such title is amended by 
        adding at the end the following new section:
``Sec. 1560. Judicial review of decisions
    ``(a) After a final decision is issued pursuant to section 1552 of 
this title, or is issued by the Secretary of a military department or 
the Secretary of Homeland Security pursuant to section 1034(f) of this 
title or the Secretary of Defense pursuant to section 1034(g) of this 
title, any person aggrieved by the decision may obtain judicial review.
    ``(b) In exercising its authority under this section, the reviewing 
court shall review the record and may hold unlawful and set aside any 
decision demonstrated by the petitioner in the record to be--
            ``(1) arbitrary or capricious;
            ``(2) not based on substantial evidence;
            ``(3) a result of material error of fact or material 
        administrative error, but only if the petitioner identified to 
        the correction board how the failure to follow procedures 
        substantially prejudiced the petitioner's right to relief, and 
        shows to the reviewing court by a preponderance of the evidence 
        that the error was harmful; or
            ``(4) otherwise contrary to law.
    ``(c) Upon review under this section, the reviewing court shall 
affirm, modify, vacate, or reverse the decision, or remand the matter, 
as appropriate.
    ``(d) No judicial review may be made under this section unless the 
petitioner shall first have requested a correction under section 1552 
of this title, and the Secretary concerned shall have rendered a final 
decision denying that correction in whole or in part. In a case in 
which the final decision of the Secretary concerned is subject to 
review by the Secretary of Defense under section 1034(g) of this title, 
the petitioner is not required to seek such review by the Secretary of 
Defense before obtaining judicial review under this section. If the 
petitioner seeks review by the Secretary of Defense under section 
1034(g) of this title, no judicial review may be made until the 
Secretary of Defense shall have rendered a final decision denying that 
request in whole or in part.
    ``(e) In the case of a final decision described in subsection (a) 
made on or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2012, a petition for judicial review 
under this section must be filed within three years of the date on 
which the final decision was actually received by the petitioner.
    ``(f) Notwithstanding subsections (a), (b), and (c), a reviewing 
court does not have jurisdiction to entertain any matter or issue 
raised in a petition of review under this section that is not 
justiciable.
    ``(g)(1) In the case of a cause of action arising after the date of 
the enactment of the National Defense Authorization Act for Fiscal Year 
2012, no court shall have jurisdiction to entertain any request for 
correction of records cognizable under section 1552 of this title, 
except as provided in this section.
    ``(2) In the case of a cause of action arising after the date of 
the enactment of the National Defense Authorization Act for Fiscal Year 
2012, except as provided by chapter 153 of title 28 and this chapter, 
no court shall have jurisdiction over any civil action or claim 
seeking, in whole or in part, to challenge any decision for which 
administrative review is available under section 1552 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 79 of such title is amended by adding at 
        the end the following new item:

``1560. Judicial review of decisions.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act. Such 
amendments shall apply to all final decisions of the Secretary of 
Defense under section 1034(g) of title 10, United States Code, and of 
the Secretary of a military department or the Secretary of Homeland 
Security under section 1034(f) or 1552 of title 10, United States Code, 
whether rendered before or after the date of the enactment of this Act. 
During the period between the date of the enactment of this Act and the 
date on which the amendments made by this section take effect, in any 
case in which the final decision of the Secretary of Defense under 
section 1034 of title 10, United States Code, or the Secretary 
concerned under section 1552 of title 10, United States Code, results 
in denial, in whole or in part, of any requested correction of a record 
of a member, former member, or claimant, the individual shall be 
informed in writing of the time for obtaining review of the decision 
pursuant to section 1560 of title 10, United States Code, as provided 
therein.
    (e) Implementation.--The Secretaries concerned may prescribe 
appropriate regulations, and interim guidance before prescribing such 
regulations, to implement the amendments made by this section. In the 
case of the Secretary of a military department, such regulations may 
not take effect until approved by the Secretary of Defense.
    (f) Construction.--This section does not affect the authority of 
any court to exercise jurisdiction over any case which was properly 
before it before the effective date specified in subsection (d).
    (g) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' has the meaning given that term in section 
101(a)(9) of title 10, United States Code.

SEC. 554. DEPARTMENT OF DEFENSE SUPPORT FOR PROGRAMS ON PRO BONO LEGAL 
              REPRESENTATION FOR MEMBERS OF THE ARMED FORCES.

    (a) Support Authorized.--The Secretary of Defense may provide 
support to one or more public or private programs designed to 
facilitate representation by attorneys who provide pro bono legal 
assistance of members of the Armed Forces who are in need of such 
representation.
    (b) Financial Support.--
            (1) In general.--The support provided a program under 
        subsection (a) may include financial support of the program.
            (2) Limitation on amount.--The total amount of financial 
        support provided under subsection (a) in any fiscal year may 
        not exceed $500,000.
            (3) Determination.--The Secretary may not provide financial 
        support under subsection (a) unless the Secretary determines 
        that services available at no cost to the Department of Defense 
        or individual members of the Armed Forces that facilitate 
        representation by attorneys who provide pro bono legal 
        assistance to members of the Armed Forces who are in need of 
        such assistance are not available.
            (4) Funding.--Amounts for financial support under this 
        section shall be derived from amounts authorized to be 
        appropriated for the Department of Defense for operation and 
        maintenance.

           Subtitle F--Sexual Assault Prevention and Response

SEC. 561. DIRECTOR OF THE 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; 124 Stat. 4431; 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. 562. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT 
              VICTIM ADVOCATES.

    (a) Guidance Required.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance to implement the appropriate recommendations of the Report of 
the Defense Task Force on Sexual Assault in the Military Services 
(December 2009). Such guidance shall--
            (1) require the Secretary of each military department to 
        determine (which determination shall be based on the unique 
        mission, military population, and force structure of the 
        applicable Armed Force) the appropriate number of Sexual 
        Assault Response Coordinators and Sexual Assault Victim 
        Advocates to be assigned to deployed and non-deployed military 
        units under the jurisdiction of such Secretary;
            (2) require that each installation or similar 
        organizational level have at least one Sexual Assault Response 
        Coordinator;
            (3) establish, or require the Secretary of each military 
        department to establish, credentialing programs for Sexual 
        Assault Response Coordinators and for Sexual Assault Victim 
        Advocates; and
            (4) ensure that, after October 1, 2013, only members of the 
        Armed Forces on active duty or full-time civilian employees of 
        the Department of Defense who have obtained the appropriate 
        credentials under a program under paragraph (3) may be assigned 
        to duty as a Sexual Assault Response Coordinator or a Sexual 
        Assault Victim Advocate.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit Congress a 
report on the status of the implementation of the recommendations of 
the Defense Task Force on Sexual Assault in the Military Services. The 
report shall set forth the anticipated date of the completion of the 
implementation by each military department of the guidance issued under 
subsection (a).

SEC. 563. 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 
60 days after the date of the enactment of this Act, the Secretaries of 
the military departments shall prescribe regulations on the provision 
of legal assistance to victims of sexual assault. Such regulations 
shall require that legal assistance be provided by military or civilian 
legal assistance counsel pursuant to section 1044 of title 10, United 
States Code.
    (b) Assistance and Reporting.--
            (1) In general.--Chapter 80 of title 10, United States 
        Code, is amended by inserting after section 1565a the following 
        new section:
``Sec. 1565b. Victims of sexual assault: access to legal assistance and 
              services of Sexual Assault Response Coordinators and 
              Sexual Assault Victim Advocates
    ``(a) Availability of Legal Assistance and Victim Advocate 
Services.--(1) A member of the armed forces 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 who is the victim of sexual 
assault shall be informed of the availability of assistance under 
paragraph (1) as soon as the member 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 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 regardless of whether the member 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 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 military legal assistance counsel.
            ``(B) A Sexual Assault Response Coordinator.
            ``(C) A Sexual Assault Victim Advocate.
            ``(D) Healthcare personnel specifically identified in the 
        regulations required by paragraph (1).
            ``(E) A chaplain.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 80 of such title is amended by inserting 
        after the item relating to section 1565a the following new 
        item:

``1565b. Victims of sexual assault: access to legal assistance and 
                            services of Sexual Assault Response 
                            Coordinators and Sexual Assault Victim 
                            Advocates.''.

SEC. 564. REQUIREMENT FOR PRIVILEGE IN CASES ARISING UNDER UNIFORM CODE 
              OF MILITARY JUSTICE AGAINST DISCLOSURE OF COMMUNICATIONS 
              BETWEEN SEXUAL ASSAULT VICTIMS AND SEXUAL ASSAULT 
              RESPONSE COORDINATORS, SEXUAL ASSAULT VICTIM ADVOCATES, 
              AND CERTAIN OTHER PERSONS.

    Not later than 60 days after the date of the enactment of this Act, 
the President shall establish in the Manual for Courts-Martial an 
evidentiary privilege against disclosure of certain communications by 
victims of sexual assault with Sexual Assault Response Coordinators, 
Sexual Assault Victim Advocates, and such other persons as the 
President shall specify for purposes of the privilege.

SEC. 565. EXPEDITED CONSIDERATION AND DECISION-MAKING ON REQUESTS FOR 
              PERMANENT CHANGE OF STATION OR UNIT TRANSFER OF VICTIMS 
              OF SEXUAL ASSAULT.

    (a) Expedited Consideration and Priority for Decisionmaking.--The 
Secretaries of the military departments shall provide guidance on 
expedited consideration and decision-making, to the maximum extent 
practicable, on requests for a permanent 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.
    (b) Regulations.--The Secretaries of the military departments shall 
prescribe regulations to carry out this section.

SEC. 566. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND 
              ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL 
              ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Comprehensive Policy on Retention and Access to Records.--Not 
later than February 1, 2013, the Secretary of Defense shall, in 
consultation with the Secretary of Veterans Affairs, develop a 
comprehensive policy for the Department of Defense on the retention of 
and access to evidence and records relating to sexual assaults 
involving members of the Armed Forces.
    (b) Objectives.--The comprehensive policy required by subsection 
(a) shall include policies and procedures (including systems of 
records) necessary to ensure preservation of records and evidence for 
periods of time that ensure that members of the Armed Forces and 
veterans of military service who were the victims of sexual assault 
during military service are able to substantiate claims for veterans 
benefits, to support criminal or civil prosecutions by military or 
civil authorities, and for such purposes relating to the documentation 
of the incidence of sexual assault in the Armed Forces as the Secretary 
of Defense considers appropriate.
    (c) Elements.--In developing the comprehensive policy required by 
subsection (a), the Secretary of Defense shall consider, at a minimum, 
the following matters:
            (1) Identification of records, including non-Department of 
        Defense records, relating to an incident of sexual assault, 
        that must be retained.
            (2) Criteria for collection and retention of records.
            (3) Identification of physical evidence and non-documentary 
        forms of evidence relating to sexual assaults that must be 
        retained.
            (4) Length of time records and evidence must be retained, 
        except that the length of time documentary evidence, physical 
        evidence and forensic evidence must be retained shall be not 
        less than five years.
            (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''), 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.

               Subtitle G--Defense Dependents' Education

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
              AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
              FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

    (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, $25,000,000 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) 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. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

    Of the amount authorized to be appropriated for fiscal year 2012 
pursuant to section 301 and available for operation and maintenance for 
Defense-wide activities as specified in the funding table in section 
4301, $5,000,000 shall be available for payments under section 363 of 
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 
U.S.C. 7703a).

SEC. 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''.

                 Subtitle H--Military Family Readiness

SEC. 576. MODIFICATION OF MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY 
              FAMILY READINESS COUNCIL.

    Subsection (b) of section 1781a of title 10, United States Code, is 
amended to read as follows:
    ``(b) Members.--(1) The Council shall consist of the following 
members:
            ``(A) The Under Secretary of Defense for Personnel and 
        Readiness, who shall serve as chair of the Council and who may 
        designate a representative to chair the council in the Under 
        Secretary's absence.
            ``(B) The following, 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 may be a 
                member of the armed force to be represented, the spouse 
                of such a member, or the parent of such a member, and 
                may represent either the regular component or a reserve 
                component of that armed force.
                    ``(ii) One representative of the Army National 
                Guard or Air National Guard, who may be a member of the 
                National Guard, the spouse of such a member, or the 
                parent of such a member.
                    ``(iii) One spouse of a member of each of the Army, 
                Navy, Marine Corps, and Air Force, two of whom shall be 
                the spouse of a regular component member and two of 
                whom shall be the spouse of a reserve component member.
                    ``(iv) 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.
                    ``(v) The senior enlisted advisor, or the spouse of 
                a senior enlisted member, from each of the Army, Navy, 
                Marine Corps, and Air Force.
            ``(C) 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 paragraph (1)(B) shall be two 
years and may be renewed by the Secretary of Defense. Representation on 
the Council under clause (ii) of that paragraph 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 clause 
(iv) of paragraph (1)(B) shall be three years.''.

                       Subtitle I--Other Matters

SEC. 581. COLD WAR SERVICE MEDAL.

    (a) Medal Authorized.--The Secretary of Defense may authorize the 
issuance by the Secretaries concerned of a service medal, to be known 
as the ``Cold War Service Medal'', to persons eligible to receive the 
medal under the regulations under subsection (b).
    (b) Regulations.--
            (1) In general.--The issuance of a Cold War Service Medal 
        under this section shall be subject to regulations prescribed 
        by Secretary of Defense.
            (2) Elements.--The regulations shall--
                    (A) provide for an appropriate design for the Cold 
                War Service Medal; and
                    (B) specify the persons eligible to receive the 
                medal.
    (c) Secretaries Concerned Defined.--In this section, the term 
``Secretaries concerned'' has the meaning given that term in section 
101(a)(9) of title 10, United States Code.

SEC. 582. 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. 583. 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 Congress 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 members of the Armed Forces, including regular 
members and members of the reserve components, who suffer from certain 
disabling diseases or conditions. If the establishment of such a 
process is considered feasible and advisable, the report shall set 
forth such recommendations for legislative and administrative action as 
the Secretary consider appropriate for the establishment of such 
process.
    (b) Requirements for Study for Report.--
            (1) Evaluation of appropriate elements of similar federal 
        programs.--In conducting the study required for purposes of the 
        preparation of 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. 584. REPORT ON THE ACHIEVEMENT OF DIVERSITY GOALS FOR THE 
              LEADERSHIP OF THE ARMED FORCES.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the achievement of diversity goals for the 
leadership of the Armed Forces.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment by each Secretary of a military 
        department of progress towards the achievement of diversity 
        goals for the leadership within each Armed Force under the 
        jurisdiction of such Secretary, including the reserve 
        components of such Armed Force.
            (2) A discussion of the findings and recommendations 
        included in the final report of the Military Leadership 
        Diversity Commission entitled ``From Representation to 
        Inclusion: Diversity Leadership for the 21st Century 
        Military'', and in other relevant policies, studies, reports, 
        evaluations, and assessments.

SEC. 585. SPECIFICATION OF PERIOD IN WHICH APPLICATION FOR VOTER 
              REGISTRATION OR ABSENTEE BALLOT FROM AN OVERSEAS VOTER IS 
              VALID.

    Section 104 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-3) is amended--
            (1) by inserting ``or overseas voter'' after ``absent 
        uniformed services voter''; and
            (2) by striking ``members of the uniformed services'' and 
        inserting ``uniformed services voters or overseas voters''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

           Subtitle A--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY 
              AUTHORITIES.

    (a) Authorities Relating to 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.
    (b) Title 10 Authorities Relating to Health Care Professionals.--
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.
    (c) Title 37 Authorities Relating to Health Care Professionals.--
The following sections of title 37, United States Code, are amended by 
striking ``December 31, 2011'' and inserting ``December 31, 2012'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for 
        medical officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.
            (9) Section 335(k), relating to bonus and incentive pay 
        authorities for officers in health professions.
    (d) Authorities Relating to 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.
            (4) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
    (e) 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 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (4) Section 351(h), relating to hazardous duty pay.
            (5) Section 352(g), relating to assignment pay or special 
        duty pay.
            (6) Section 353(i), relating to skill incentive pay or 
        proficiency bonus.
            (7) Section 355(h), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.
    (f) Other Title 37 Bonus and Special Pay Authorities.--The 
following sections of title 37, United States Code, are amended by 
striking ``December 31, 2011'' and inserting ``December 31, 2012'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for 
        transfer between the Armed Forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.
    (g) Increased BAH for Areas Experiencing Disasters or Sudden 
Increases in Personnel.--Section 403(b)(7)(E) of title 37, United 
States Code, is amended by inserting before the period at the end the 
following: ``, except that such an increase may be prescribed for the 
period beginning on January 1, 2012, and ending on December 31, 2012''.

SEC. 612. 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.--The amount of special pay authorized by 
subsection (a) for a day or portion of a day may not exceed an amount 
equal to $225 divided by the number of days of the month in which such 
day falls.'';
            (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 shall prorate the payment amount to reflect 
                the duration of the member's actual qualifying service 
                during the month; 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.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2011, and shall apply with respect to duty 
performed on or after that date.

   Subtitle B--Consolidation and Reform of Travel and Transportation 
                              Authorities

SEC. 621. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION 
              AUTHORITIES OF THE UNIFORMED SERVICES.

    (a) Purpose.--This section establishes general travel and 
transportation provisions for members of the uniformed services and 
other travelers authorized to travel under official conditions. 
Recognizing the complexities and the changing nature of travel, the 
amendments made by this section provide the Secretary of Defense and 
the other administering Secretaries with the authority to prescribe and 
implement travel and transportation policy that is simple, clear, 
efficient, and flexible, and that meets mission and servicemember 
needs, while realizing cost savings that should come with a more 
efficient and less cumbersome system for travel and transportation.
    (b) Consolidated Authorities.--Title 37, United States Code, is 
amended by inserting after chapter 7 the following new chapter:

           ``CHAPTER 8--TRAVEL AND TRANSPORTATION ALLOWANCES

``Sec.
     ``subchapter i--travel and transportation authorities--new law

``451. Definitions.
``452. Allowable travel and transportation: general authorities.
``453. Allowable travel and transportation: specific authorities.
``454. Travel and transportation: pilot programs.
``455. Appropriations for travel: may not be used for attendance at 
                            certain meetings.
               ``subchapter ii--administrative provisions

``461. Relationship to other travel and transportation authorities.
``462. Travel and transportation allowances paid to members that are 
                            unauthorized or in excess of authorized 
                            amounts: requirement for repayment.
``463. Program of compliance; electronic processing of travel claims.
``464. Regulations.
    ``subchapter iii--travel and transportation authorities--old law

``471. Travel authorities transition expiration date.
``472. Definitions and other incorporated provisions of chapter 7.
``474. Travel and transportation allowances: general.
``474a. Travel and transportation allowances: temporary lodging 
                            expenses.
``474b. Travel and transportation allowances: payment of lodging 
                            expenses at temporary duty location during 
                            authorized absence of member.
``475. Travel and transportation allowances: per diem while on duty 
                            outside the continental United States.
``475a. Travel and transportation allowances: departure allowances.
``476. Travel and transportation allowances: dependents; baggage and 
                            household effects.
``476a. Travel and transportation allowances: authorized for travel 
                            performed under orders that are canceled, 
                            revoked, or modified.
``476b. Travel and transportation allowances: members of the uniformed 
                            services attached to a ship overhauling or 
                            inactivating.
``476c. Travel and transportation allowances: members assigned to a 
                            vessel under construction.
``477. Travel and transportation allowances: dislocation allowance.
``478. Travel and transportation allowances: travel within limits of 
                            duty station.
``478a. Travel and transportation allowances: inactive duty training 
                            outside of the normal commuting distances.
``479. Travel and transportation allowances: house trailers and mobile 
                            homes.
``480. Travel and transportation allowances: miscellaneous categories.
``481. Travel and transportation allowances: administrative provisions.
``481a. Travel and transportation allowances: travel performed in 
                            connection with convalescent leave.
``481b. Travel and transportation allowances: travel performed in 
                            connection with leave between consecutive 
                            overseas tours.
``481c. Travel and transportation allowances: travel performed in 
                            connection with rest and recuperative leave 
                            from certain stations in foreign countries.
``481d. Travel and transportation allowances: transportation incident 
                            to personal emergencies for certain members 
                            and dependents.
``481e. Travel and transportation allowances: transportation incident 
                            to certain emergencies for members 
                            performing temporary duty.
``481f. Travel and transportation allowances: transportation for 
                            survivors of deceased member to attend the 
                            member's burial ceremonies.
``481h. Travel and transportation allowances: transportation of 
                            designated individuals incident to 
                            hospitalization of members for treatment of 
                            wounds, illness, or injury.
``481i. Travel and transportation allowances: parking expenses.
``481j. Travel and transportation allowances: transportation of family 
                            members incident to the repatriation of 
                            members held captive.
``481k. Travel and transportation allowances: non-medical attendants 
                            for members determined to be very seriously 
                            or seriously wounded, ill, or injured.
``481l. Travel and transportation allowances: attendance of members and 
                            others at Yellow Ribbon Reintegration 
                            Program events.
``484. Travel and transportation: dependents of members in a missing 
                            status; household and personal effects; 
                            trailers; additional movements; motor 
                            vehicles; sale of bulky items; claims for 
                            proceeds; appropriation chargeable.
``488. Allowance for recruiting expenses.
``489. Travel and transportation allowances: minor dependent schooling.
``490. Travel and transportation: dependent children of members 
                            stationed overseas.
``491. Benefits for certain members assigned to the Defense 
                            Intelligence Agency.
``492. Travel and transportation: members escorting certain dependents.
``494. Subsistence reimbursement relating to escorts of foreign arms 
                            control inspection teams.
``495. Funeral honors duty: allowance.

     ``SUBCHAPTER I--TRAVEL AND TRANSPORTATION AUTHORITIES--NEW LAW

``Sec. 451. Definitions
    ``(a) Definitions Relating to Persons.--In this subchapter and 
subchapter II:
            ``(1) The term `administering Secretary' or `administering 
        Secretaries' means the following:
                    ``(A) The Secretary of Defense, with respect to the 
                armed forces (including the Coast Guard when it is 
                operating as a service in the Navy).
                    ``(B) The Secretary of Homeland Security, with 
                respect to the Coast Guard when it is not operating as 
                a service in the Navy.
                    ``(C) The Secretary of Commerce, with respect to 
                the National Oceanic and Atmospheric Administration.
                    ``(D) The Secretary of Health and Human Services, 
                with respect to the Public Health Service.
            ``(2) The term `authorized traveler' means a person who is 
        authorized travel and transportation allowances when performing 
        official travel ordered or authorized by the administering 
        Secretary. Such term includes the following:
                    ``(A) A member of the uniformed services.
                    ``(B) A family member of a member of the uniformed 
                services.
                    ``(C) A person acting as an escort or attendant for 
                a member or family member who is traveling on official 
                travel or is traveling with the remains of a deceased 
                member.
                    ``(D) A person who participates in a military 
                funeral honors detail.
                    ``(E) A Senior Reserve Officers' Training Corps 
                cadet or midshipman.
                    ``(F) An applicant or rejected applicant for 
                enlistment.
                    ``(G) Any person whose employment or service is 
                considered directly related to a Government official 
                activity or function under regulations prescribed under 
                section 464 of this title.
                    ``(H) Any other person not covered by subparagraphs 
                (A) through (G) who is determined by the administering 
                Secretary pursuant to regulations prescribed under 
                section 464 of this title as warranting the provision 
                of travel benefits for purposes of a particular travel 
                incident.
            ``(3) The term `family member', with respect to a member of 
        the uniformed services, means the following:
                    ``(A) A dependent.
                    ``(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.
                    ``(F) Any person not covered by subparagraphs (A) 
                through (E) who is in a category specified in 
                regulations prescribed under section 464 of this title 
                as having an association, connection, or affiliation 
                with a member or the family of a member, including any 
                person specifically designated by a member to receive 
                travel benefits for a particular purpose.
            ``(4) The term `dependent', with respect to a member of the 
        uniformed services, has the meaning given that term in section 
        401(a) of this title.
    ``(b) Definitions Relating to Travel and Transportation 
Allowances.--In this subchapter and subchapter II:
            ``(1) The term `official travel' means the following:
                    ``(A) Military duty or official business performed 
                by an authorized traveler away from a duty assignment 
                location or other authorized location.
                    ``(B) Travel performed by an authorized traveler 
                ordered to relocate from a permanent duty station to 
                another permanent duty station.
                    ``(C) Travel performed by an authorized traveler 
                ordered to the first permanent duty station, or 
                separated or retired from uniformed service.
                    ``(D) Local travel in or around the temporary duty 
                or permanent duty station.
                    ``(E) Other travel as authorized or ordered by the 
                administering Secretary.
            ``(2) The term `actual and necessary expenses' means 
        expenses incurred in fact by an authorized traveler as a 
        reasonable consequence of official travel.
            ``(3) The term `travel allowances' means the daily lodging, 
        meals, and other related expenses, including relocation 
        expenses, incurred by an authorized traveler while on official 
        travel.
            ``(4) The term `transportation allowances' means the costs 
        of temporarily or permanently moving an authorized traveler, 
        the personal property of an authorized traveler, or a 
        combination thereof.
            ``(5) The term `transportation-, lodging-, or meals-in-
        kind' means transportation, lodging, or meals provided by the 
        Government without cost to an authorized traveler.
            ``(6) The term `miscellaneous expenses' means authorized 
        expenses incurred in addition to authorized allowances during 
        the performance of official travel by an authorized traveler.
            ``(7) The term `personal property', with respect to 
        transportation allowances, includes baggage, furniture, and 
        other household items, clothing, privately owned vehicles, 
        house trailers, mobile homes, and any other personal items that 
        would not otherwise be prohibited by any other provision of law 
        or regulation prescribed under section 464 of this title.
            ``(8) The term `relocation allowances' means the costs 
        associated with relocating a member of the uniformed services 
        and the member's dependents between an old and new temporary or 
        permanent duty assignment location or other authorized 
        location.
            ``(9) The term `dislocation allowances' means the costs 
        associated with relocation of the household of a member of the 
        uniformed services and the member's dependents in relation to a 
        change in the member's permanent duty assignment location 
        ordered for the convenience of the Government or incident to an 
        evacuation.
``Sec. 452. Allowable travel and transportation: general authorities
    ``(a) In General.--Except as otherwise prohibited by law, a member 
of the uniformed services or other authorized traveler may be provided 
transportation-, lodging-, or meals-in-kind, or actual and necessary 
expenses of travel and transportation, for, or in connection with, 
official travel under circumstances as specified in regulations 
prescribed under section 464 of this title.
    ``(b) Specific Circumstances.--The authority under subsection (a) 
includes travel under or in connection with, but not limited to, the 
following circumstances, to the extent specified in regulations 
prescribed under section 464 of this title:
            ``(1) Temporary duty that requires travel between a 
        permanent duty assignment location and another authorized 
        temporary duty location, and travel in or around the temporary 
        duty location.
            ``(2) Permanent change of station that requires travel 
        between an old and new temporary or permanent duty assignment 
        location or other authorized location.
            ``(3) Temporary duty or assignment relocation related to 
        consecutive overseas tours or in-place-consecutive overseas 
        tours.
            ``(4) Recruiting duties for the armed forces.
            ``(5) Assignment or detail to another Government department 
        or agency.
            ``(6) Rest and recuperative leave.
            ``(7) Convalescent leave.
            ``(8) Reenlistment leave.
            ``(9) Reserve component inactive-duty training performed 
        outside the normal commuting distance of the member's permanent 
        residence.
            ``(10) Ready Reserve muster duty.
            ``(11) Unusual, extraordinary, hardship, or emergency 
        circumstances.
            ``(12) Presence of family members at a military medical 
        facility incident to the illness or injury of members.
            ``(13) Presence of family members at the repatriation of 
        members held captive.
            ``(14) Presence of non-medical attendants for very 
        seriously or seriously wounded, ill, or injured members.
            ``(15) Attendance at Yellow Ribbon Reintegration Program 
        events.
            ``(16) Missing status, as determined by the Secretary 
        concerned under chapter 10 of this title.
            ``(17) Attendance at or participation in international 
        sports competitions described under section 717 of title 10.
    ``(c) Matters Included.--Travel and transportation allowances which 
may be provided under subsection (a) include the following:
            ``(1) Allowances for transportation, lodging, and meals.
            ``(2) Dislocation or relocation allowances paid in 
        connection with a change in a member's temporary or permanent 
        duty assignment location.
            ``(3) Other related miscellaneous expenses.
    ``(d) Mode of Providing Travel and Transportation Allowances.--Any 
authorized travel and transportation may be provided--
            ``(1) as an actual expense;
            ``(2) as an authorized allowance;
            ``(3) in-kind; or
            ``(4) using a combination of the authorities under 
        paragraphs (1), (2), and (3).
    ``(e) Travel and Transportation Allowances When Travel Orders Are 
Modified, etc.--An authorized traveler whose travel and transportation 
order or authorization is canceled, revoked, or modified may be allowed 
actual and necessary expenses or travel and transportation allowances 
in connection with travel performed pursuant to such order or 
authorization before such order or authorization is cancelled, revoked, 
or modified.
    ``(f) Advance Payments.--An authorized traveler may be allowed 
advance payments for authorized travel and transportation allowances.
    ``(g) Responsibility for Unauthorized Expenses.--Any unauthorized 
travel or transportation expense is not the responsibility of the 
United States.
    ``(h) Relationship to Other Authorities.--The administering 
Secretary may not provide payment under this section for an expense for 
which payment may be provided from any other appropriate Government or 
non-Government entity.
``Sec. 453. Allowable travel and transportation: specific authorities
    ``(a) In General.--In addition to any other authority for the 
provision of travel and transportation allowances, the administering 
Secretaries may provide travel and transportation allowances under this 
subchapter in accordance with this section.
    ``(b) Authorized Absence From Temporary Duty Location.--An 
authorized traveler may be paid travel and transportation allowances, 
or reimbursed for actual and necessary expenses of travel, incurred at 
a temporary duty location during an authorized absence from that 
location.
    ``(c) Movement of Personal Property.--(1) A member of a uniformed 
service may be allowed moving expenses and transportation allowances 
for self and dependents associated with the movement of personal 
property and household goods, including such expenses when associated 
with a self-move.
    ``(2) The authority in paragraph (1) includes the movement and 
temporary and non-temporary storage of personal property, household 
goods, and privately owned vehicles (but not to exceed one privately 
owned vehicle per member household) in connection with the temporary or 
permanent move between authorized locations.
    ``(3) For movement of household goods, the administering 
Secretaries shall prescribe weight allowances in regulations under 
section 464 of this title. The prescribed weight allowances may not 
exceed 18,000 pounds (including packing, crating, and household goods 
in temporary storage), except that the administering Secretary may, on 
a case-by-case basis, authorize additional weight allowances as 
necessary.
    ``(4) The administering Secretary may prescribe the terms, rates, 
and conditions that authorize a member of the uniformed services to 
ship or store a privately owned vehicle.
    ``(5) No carrier, port agent, warehouseman, freight forwarder, or 
other person involved in the transportation of property may have any 
lien on, or hold, impound, or otherwise interfere with, the movement of 
baggage and household goods being transported under this section.
    ``(d) Unusual or Emergency Circumstances.--An authorized traveler 
may be provided travel and transportation allowances under this section 
for unusual, extraordinary, hardship, or emergency circumstances, 
including circumstances warranting evacuation from a permanent duty 
assignment location.
    ``(e) Particular Separation Provisions.--The administering 
Secretary may provide travel-in-kind and transportation-in-kind for the 
following persons in accordance with regulations prescribed under 
section 464 of this title:
            ``(1) A member who is retired, or is placed on the 
        temporary disability retired list, under chapter 61 of title 
        10.
            ``(2) A member who is retired with pay under any other law 
        or who, immediately following at least eight years of 
        continuous active duty with no single break therein of more 
        than 90 days, is discharged with separation pay or is 
        involuntarily released from active duty with separation pay or 
        readjustment pay.
            ``(3) A member who is discharged under section 1173 of 
        title 10.
    ``(f) Attendance at Memorial Ceremonies and Services.--A family 
member or member of the uniformed services who attends a deceased 
member's repatriation, burial, or memorial ceremony or service may be 
provided travel and transportation allowances to the extent provided in 
regulations prescribed under section 464 of this title.
``Sec. 454. Travel and transportation: pilot programs
    ``(a) Pilot Programs.--Except as otherwise prohibited by law, the 
Secretary of Defense may conduct pilot programs to evaluate alternative 
travel and transportation programs, policies, and processes for 
Department of Defense authorized travelers. Any such pilot program 
shall be designed to enhance cost savings or other efficiencies that 
accrue to the Government and be conducted so as to evaluate one or more 
of the following:
            ``(1) Alternative methods for performing and reimbursing 
        travel.
            ``(2) Means for limiting the need for travel.
            ``(3) Means for reducing the environmental impact of 
        travel.
    ``(b) Limitations.--(1) Not more than three pilot programs may be 
carried out under subsection (a) at any one time.
    ``(2) The duration of a pilot program may not exceed four years.
    ``(3) The authority to carry out a pilot program is subject to the 
availability of appropriated funds.
    ``(c) Reports.--(1) Not later than 30 days before the commencement 
of a pilot program under subsection (a), the Secretary shall submit to 
the congressional defense committees a report on the pilot program. The 
report on a pilot program under this paragraph shall set forth a 
description of the pilot program, including the following:
            ``(A) The purpose of the pilot program.
            ``(B) The duration of the pilot program.
            ``(C) The cost savings or other efficiencies anticipated to 
        accrue to the Government under the pilot program.
    ``(2) Not later than 60 days after the completion of a pilot 
program, the Secretary shall submit to the congressional defense 
committees a report on the pilot program. The report on a pilot program 
under this paragraph shall set forth the following:
            ``(A) A description of results of the pilot program.
            ``(B) Such recommendations for legislative or 
        administrative action as the Secretary considers appropriate in 
        light of the pilot program.
    ``(d) Congressional Defense Committees Defined.--In this section, 
the term `congressional defense committees' has the meaning given that 
term in section 101(a)(16) of title 10.

               ``SUBCHAPTER II--ADMINISTRATIVE PROVISIONS

``Sec. 461. Relationship to other travel and transportation authorities
    ``An authorized traveler may not be paid travel and transportation 
allowances or receive travel-in-kind and transportation-in-kind, or a 
combination thereof, under both subchapter I and subchapter III for 
official travel performed under a single or related travel and 
transportation order or authorization by the administering Secretary.
``Sec. 462. Travel and transportation allowances paid to members that 
              are unauthorized or in excess of authorized amounts: 
              requirement for repayment
    ``(a) Repayment Required.--Except as provided in subsection (b), a 
member of the uniformed services or other person who is paid travel and 
transportation allowances under subchapter I shall repay to the United 
States any amount of such payment that is determined to be unauthorized 
or in excess of the applicable authorized amount.
    ``(b) Exception.--The regulations prescribed under section 464 of 
this title shall specify procedures for determining the circumstances 
under which an exception to repayment otherwise required by subsection 
(a) may be granted.
    ``(c) Effect of Bankruptcy.--An obligation to repay the United 
States under this section is, for all purposes, a debt owed the United 
States. A discharge in bankruptcy under title 11 does not discharge a 
person from such debt if the discharge order is entered less than five 
years after the date on which the debt was incurred.
``Sec. 463. Programs of compliance; electronic processing of travel 
              claims
    ``(a) Programs of Compliance.--The administering Secretaries shall 
provide for compliance with the requirements of this chapter through 
programs of compliance established and maintained for that purpose.
    ``(b) Elements.--The programs of compliance under subsection (a) 
shall--
            ``(1) minimize the provision of benefits under this chapter 
        based on inaccurate claims, unauthorized claims, overstated or 
        inflated claims, and multiple claims for the same benefits 
        through the electronic verification of travel claims on a near-
        time basis and such other means as the administering 
        Secretaries may establish for purposes of the programs of 
        compliance; and
            ``(2) ensure that benefits provided under this chapter do 
        not exceed reasonable or actual and necessary expenses of 
        travel claimed or reasonable allowances based on commercial 
        travel rates.
    ``(c) Electronic Processing of Travel Claims.--(1) By not later 
than the date that is five years after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2012, any travel 
claim under this chapter shall be processed electronically.
    ``(2) The administering Secretary, or the Secretary's designee, may 
waive the requirement in paragraph (1) with respect to a particular 
claim in the interests of the department concerned.
    ``(3) The electronic processing of claims under this subsection 
shall be subject to the regulations prescribed by the Secretary of 
Defense under section 464 of this title which shall apply uniformly to 
all members of the uniformed services and, to the extent practicable, 
to all other authorized travelers.
``Sec. 464. Regulations
    ``This subchapter and subchapter I shall be administered under 
terms, rates, conditions, and regulations prescribed by the Secretary 
of Defense in consultation with the other administering Secretaries for 
members of the uniformed services. Such regulations shall be uniform 
for the Department of Defense and shall apply as uniformly as 
practicable to the uniformed services under the jurisdiction of the 
other administering Secretaries.

    ``SUBCHAPTER III--TRAVEL AND TRANSPORTATION AUTHORITIES--OLD LAW

``Sec. 471. Travel authorities transition expiration date
    ``In this subchapter, the term `travel authorities transition 
expiration date' means the last day of the 10-year period beginning on 
the first day of the first month beginning after the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2012.
``Sec. 472. Definitions and other incorporated provisions of chapter 7
    ``(a) Definitions.--The provisions of section 401 of this title 
apply to this subchapter.
    ``(b) Other Provisions.--The provisions of sections 421 and 423 of 
this title apply to this subchapter.''.
    (c) Repeal of Obsolete Authority.--Section 411g of title 37, United 
States Code, is repealed.
    (d) Transfer of Sections.--
            (1) Transfer to subchapter i.--Section 412 of title 37, 
        United States Code, is transferred to chapter 8 of such title, 
        as added by subsection (b), inserted after section 454, and 
        redesignated as section 455.
            (2) Transfer of current chapter 7 authorities to subchapter 
        iii.--Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b, 
        406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h 
        through 411l, 428 through 432, 434, and 435 of such title are 
        transferred (in that order) to chapter 8 of such title, as 
        added by subsection (b), inserted after section 472, and 
        redesignated as follows:

Section:                                                 Redesignated Section:
404                                                      474
404a                                                     474a
404b                                                     474b
405                                                      475
405a                                                     475a
406                                                      476
406a                                                     476a
406b                                                     476b
406c                                                     476c
407                                                      477
408                                                      478
408a                                                     478a
409                                                      479
410                                                      480
411                                                      481
411a                                                     481a
411b                                                     481b
411c                                                     481c
411d                                                     481d
411e                                                     481e
411f                                                     481f
411h                                                     481h
411i                                                     481i
411j                                                     481j
411k                                                     481k
411l                                                     481l
428                                                      488
429                                                      489
430                                                      490
432                                                      492
434                                                      494
435                                                      495
 

            (3) Transfer of section 554.--Section 554 of such title is 
        transferred to chapter 8 of such title, as added by subsection 
        (b), inserted after section 481l (as transferred and 
        redesignated by paragraph (2)), and redesignated as section 
        484.
    (e) Sunset of Old-Law Authorities.--Provisions of subchapter III of 
chapter 8 of title 37, United States Code, as transferred and 
redesignated by paragraphs (2) and (3) of subsection (c), are amended 
as follows:
            (1) Section 474 is amended by adding at the end the 
        following new subsection:
    ``(k) No travel and transportation allowance or reimbursement may 
be provided under this section for travel that begins after the travel 
authorities transition expiration date.''.
            (2) Section 474a is amended by adding at the end the 
        following new subsection:
    ``(f) Termination.--No payment or reimbursement may be provided 
under this section with respect to a change of permanent station for 
which orders are issued after the travel authorities transition 
expiration date.''.
            (3) Section 474b is amended by adding at the end the 
        following new subsection:
    ``(e) Termination.--No payment or reimbursement may be provided 
under this section with respect to an authorized absence that begins 
after the travel authorities transition expiration date.''.
            (4) Section 475 is amended by adding at the end the 
        following new subsection:
    ``(f) Termination.--During and after the travel authorities 
expiration date, no per diem may be paid under this section for any 
period.''.
            (5) Section 475a is amended by adding at the end the 
        following new subsection:
    ``(c) During and after the travel authorities expiration date, no 
allowance under subsection (a) or transportation or reimbursement under 
subsection (b) may be provided with respect to an authority or order to 
depart.''.
            (6) Section 476 is amended by adding at the end the 
        following new subsection:
    ``(n) No transportation, reimbursement, allowance, or per diem may 
be provided under this section--
            ``(1) with respect to a change of temporary or permanent 
        station for which orders are issued after the travel 
        authorities transition expiration date; or
            ``(2) in a case covered by this section when such orders 
        are not issued, with respect to a movement of baggage or 
        household effects that begins after such date.''.
            (7) Section 476a is amended--
                    (A) by inserting ``(a) Authority.--'' before 
                ``Under uniform regulations''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Termination.--No transportation or travel or transportation 
allowance may be provided under this section for travel that begins 
after the travel authorities transition expiration date.''.
            (8) Section 476b is amended by adding at the end the 
        following new subsection:
    ``(e) No transportation or allowance may be provided under this 
section for travel that begins after the travel authorities transition 
expiration date.''.
            (9) Section 476c is amended by adding at the end the 
        following new subsection:
    ``(e) Termination.--No transportation or allowance may be provided 
under this section for travel that begins after the travel authorities 
transition expiration date.''.
            (10) Section 477 is amended by adding at the end the 
        following new subsection:
    ``(i) Termination.--No dislocation allowance may be paid under this 
section for a move that begins after the travel authorities transition 
expiration date.''.
            (11) Section 478 is amended by adding at the end the 
        following new subsection:
    ``(c) No travel or transportation allowance, payment, or 
reimbursement may be provided under this section for travel that begins 
after the travel authorities transition expiration date.''.
            (12) Section 478a(e) is amended by striking ``December 31, 
        2011'' and inserting ``the travel authorities transition 
        expiration date''.
            (13) 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.''.
            (14) Section 480 is amended by adding at the end the 
        following new subsection:
    ``(c) No travel or transportation allowance may be provided under 
this section for travel that begins after the travel authorities 
transition expiration date.''.
            (15) 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.''.
            (16) 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.''.
            (17) 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.''.
            (18) 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.''.
            (19) 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.''.
            (20) 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.''.
            (21) 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.''.
            (22) 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.''.
            (23) 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.''.
            (24) 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.''.
            (25) Section 481k is amended by adding at the end the 
        following new subsection:
    ``(e) Termination.--No transportation, allowance, reimbursement, or 
per diem may be provided under this section for travel that begins 
after the travel authorities transition expiration date.''.
            (26) 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.''.
            (27) 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.''.
            (28) 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.''.
            (29) 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.''.
            (30) 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.''.
            (31) 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.''.
            (32) 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.''.
            (33) 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               401 
                            Allowances.
``8. Travel and Transportation Allowances...................     451''.
            (3) Tables of sections.--
                    (A) The table of sections at the beginning of 
                chapter 7 of such title is amended by striking the 
                items relating to sections 404 through 412, 428 through 
                432, 434, and 435.
                    (B) The table of sections at the beginning of 
                chapter 9 of such title is amended by striking the item 
                relating to section 554.
            (4) Cross-references.--
                    (A) Any section of title 10 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 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. 622. 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 621(b) of this Act), and to transition 
all of the travel and transportation programs for members of the 
uniformed services under chapter 7 of title 37, United States Code, 
solely to provisions of those subchapters by the end of the transition 
period.
    (b) Authority for Modifications to Old-Law Authorities During 
Transition Period.--During the transition period, the Secretary of 
Defense and the Secretaries concerned, in using the authorities under 
subchapter III of chapter 8 of title 37, United States Code (as so 
added), may apply those authorities subject to the terms of such 
provisions and such modifications as the Secretary of Defense may 
include in the implementation plan required under subsection (a) or in 
any subsequent modification to that implementation plan.
    (c) Coordination.--The Secretary of Defense shall prepare the 
implementation plan under subsection (a) and any modification to that 
plan under subsection (b) in coordination with--
            (1) the Secretary of Homeland Security, with respect to the 
        Coast Guard;
            (2) the Secretary of Health and Human Services, with 
        respect to the commissioned corps of the Public Health Service; 
        and
            (3) the Secretary of Commerce, with respect to the National 
        Oceanic and Atmospheric Administration.
    (d) Program of Compliance.--The Secretary of Defense and the other 
administering Secretaries shall commence the operation of the programs 
of compliance required by section 463 of title 37, United States Code 
(as so added), by not later than one year after the date of the 
enactment of this Act.
    (e) Transition Period.--In this section, the term ``transition 
period'' means the 10-year period beginning on the first day of the 
first month beginning after the date of the enactment of this Act.

       Subtitle C--Disability, Retired Pay, and Survivor Benefits

SEC. 631. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS' 
              GROUP LIFE INSURANCE FOR MEMBERS OF THE ARMED FORCES 
              MARRIED TO OTHER MEMBERS.

    Section 1967(a)(1) of title 38, United States Code, is amended--
            (1) in subparagraph (A)(ii), by inserting after ``insurable 
        dependent of the member'' the following: ``(other than a 
        dependent who is also a member of a uniformed service and, 
        because of such membership, automatically insured under this 
        paragraph)''; and
            (2) in subparagraph (C)(ii), by inserting after ``insurable 
        dependent of the member'' the following: ``(other than a 
        dependent who is also a member of a uniformed service and, 
        because of such membership, automatically insured under this 
        paragraph)''.

SEC. 632. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING REPORT ON 
              PROVISION OF SPECIAL COMPENSATION FOR MEMBERS OF THE 
              UNIFORMED SERVICES WITH INJURY OR ILLNESS REQUIRING 
              ASSISTANCE IN EVERYDAY LIVING.

    (a) Limitation on Funds for Travel of USD(PR).--Of the amount 
authorized to be appropriated for fiscal year 2012 for the Department 
of Defense for operation and maintenance for defense-wide activities as 
specified in the funding table in section 4301 and available for 
purposes of travel of the Office of the Under Secretary of Defense for 
Personnel and Readiness, not more than 50 percent of such amount may be 
obligated or expended for such purposes until the Under Secretary of 
Defense for Personnel and Readiness submits to the congressional 
defense committees a report on the implementation by the Department of 
Defense of the authorities in section 439 of title 37, United States 
Code, for payment of special compensation for members of the uniformed 
services with catastrophic injuries or illnesses requiring assistance 
in everyday living.
    (b) Elements.--The report described in subsection (a) shall include 
a detailed description of the implementation by the Department of the 
authorities in section 439 of title 37, United States Code, including 
the following:
            (1) A description of the criteria established pursuant to 
        such section for the payment of special compensation under that 
        section.
            (2) An assessment of the training needs of caregivers of 
        members paid special compensation under that section, 
        including--
                    (A) a description of the types of training 
                currently provided;
                    (B) a description of additional types of training 
                that could be provided; and
                    (C) an assessment whether current Department 
                programs are adequate to meet such training needs.

SEC. 633. REPEAL OF SENSE OF CONGRESS ON AGE AND SERVICE REQUIREMENTS 
              FOR RETIRED PAY FOR NON-REGULAR SERVICE.

    Section 635 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4241) is repealed.

                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

SEC. 701. ANNUAL COST-OF-LIVING ADJUSTMENT IN ENROLLMENT FEES IN 
              TRICARE PRIME.

    (a) In General.--Section 1097a of title 10, United States Code, is 
amended--
            (1) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Cost-of-living Adjustment in Enrollment Fee.--(1) Whenever 
after September 30, 2012, the Secretary of Defense increases the 
retired pay of members and former members of the armed forces pursuant 
to section 1401a of this title, the Secretary shall increase the amount 
of the fee payable for enrollment in TRICARE Prime by an amount equal 
to the percentage of such fee payable on the day before the date of the 
increase of such fee that is equal to the percentage increase in such 
retired pay. In determining the amount of the increase in such retired 
pay for purposes of this subsection, the Secretary shall use the amount 
computed pursuant to section 1401a(b)(2) of this title. The increase in 
such fee shall be effective as of January 1 following the date of the 
increase in such retired pay.
    ``(2) The Secretary shall publish in the Federal Register the 
amount of the fee payable for enrollment in TRICARE Prime whenever 
increased pursuant to this subsection.''.
    (b) Conforming and Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 1097a. TRICARE Prime: automatic enrollment; enrollment fee; 
              payment options''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 55 of such title is amended by striking 
        the item relating to section 1097a and inserting the following 
        new item:

``1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment 
                            options.''.

SEC. 702. 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. Network providers under such 
provider network agreements are not considered subcontractors for 
purposes of the Federal Acquisition Regulation or any other law.''.

SEC. 703. 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 (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, 2011, 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, 2011.''.

SEC. 704. 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) by striking ``2011'' 
and inserting ``2015''.
    (b) Frequency of Submittal of GAO Reviews.--Subsection (b)(2) of 
such section is amended by striking ``bi-annual basis'' and inserting 
``biennial basis''.

                 Subtitle B--Other Health Care Benefits

SEC. 711. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-
              SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE 
              LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES.

    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) 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 authority under this paragraph shall expire on September 
30, 2016.''.

SEC. 712. 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. 713. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL HEALTH 
              EVALUATIONS FOR MEMBERS OF THE ARMED FORCES.

    (a) Codification and Improvement of Procedures.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by inserting after section 1090 the following 
        new section:
``Sec. 1090a. Commanding officer and supervisor referrals of members 
              for mental health evaluations
    ``(a) Regulations.--The Secretary of Defense shall prescribe and 
maintain regulations relating to commanding officer and supervisor 
referrals of members of the armed forces for mental health evaluations. 
The regulations shall incorporate the requirements set forth in 
subsections (b), (c), and (d) and such other matters as the Secretary 
considers appropriate.
    ``(b) Reduction of Perceived Stigma.--The regulations required by 
subsection (a) shall, to the greatest extent possible--
            ``(1) seek to eliminate perceived stigma associated with 
        seeking and receiving mental health services, promoting the use 
        of mental health services on a basis comparable to the use of 
        other medical and health services; and
            ``(2) clarify the appropriate action to be taken by 
        commanders or supervisory personnel who, in good faith, believe 
        that a subordinate may require a mental health evaluation.
    ``(c) Procedures for Inpatient Evaluations.--The regulations 
required by subsection (a) shall provide that, when a commander or 
supervise determines that it is necessary to refer a member of the 
armed forces for a mental health evaluation--
            ``(1) the mental health evaluation shall only be conducted 
        on an inpatient basis if and when such an evaluation cannot 
        appropriately or reasonably be conducted on an outpatient 
        basis, 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.--(1) 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 also shall include a communication 
to any appropriate authority in the chain of command of the member.
    ``(2) Such regulations shall provide that a referral for a mental 
health evaluation by a commander or supervisor, when taken as a 
reprisal for a communication referred to in paragraph (1), may be the 
basis for a proceeding under section 892 of this title (article 92 of 
the Uniform Code of Military Justice). Persons not subject to chapter 
47 of this title (the Uniform Code of Military Justice) who fail to 
comply with the provisions of this section are subject to adverse 
administrative action.
    ``(3)(A) No person may restrict a member of the armed forces in 
communicating with an Inspector General, attorney, member of Congress, 
or others about the referral of a member of the armed forces for a 
mental health evaluation.
    ``(B) Subparagraph (A) does not apply to a communication that is 
unlawful.
    ``(e) Definitions.--In this section:
            ``(1) The term `Inspector General' means the following:
                    ``(A) An Inspector General appointed under the 
                Inspector General Act of 1978 (5 U.S.C. App.).
                    ``(B) An officer of the armed forces assigned or 
                detailed under regulations of the Secretary concerned 
                to serve as an Inspector General at any command level 
                in one of the armed forces.
            ``(2) 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.
            ``(3) 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.
            ``(4) The term `least restrictive alternative principle' 
        means a principle under which a member of the armed forces 
        committed for hospitalization and treatment shall be placed in 
        the most appropriate and therapeutic available setting--
                    ``(A) that is no more restrictive than is conducive 
                to the most effective form of treatment; 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.

                 Subtitle C--Health Care Administration

SEC. 721. EXPANSION OF STATE LICENSURE EXCEPTIONS FOR CERTAIN MENTAL 
              HEALTH-CARE PROFESSIONALS.

    Section 1094(d) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(A)'' after ``(1)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) Notwithstanding any law regarding the licensure of health 
care providers, a health-care professional described in paragraph (4) 
may perform the duties relating to mental health care specified in the 
regulations under subparagraph (B) of that paragraph at any location in 
any State, the District of Columbia, or a Commonwealth, territory or 
possession of the United States, 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 specified in that 
subparagraph.'';
            (2) in paragraphs (2) and (3), by striking ``paragraph 
        (1)'' and inserting ``paragraph (1)(A)''; and
            (3) by adding at the end the following new paragraph:
    ``(4) A health-care professional referred to in paragraph (1)(B) is 
a 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 purposes of that paragraph who--
            ``(A) has a current license to practice medicine, 
        osteopathic medicine, or another health profession; and
            ``(B) is performing such authorized duties relating to 
        mental health care for the Department of Defense as the 
        Secretary shall prescribe in regulations for purposes of this 
        paragraph.''.

SEC. 722. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
              RECORDS.

    (a) In General.--Section 1102(j) of title 10, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``any activity carried 
        out'' and inserting ``any peer review activity carried out''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(4) The term `peer review' means an assessment of 
        professional performance by professionally-equivalent health 
        care providers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2012.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

SEC. 801. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE APPROVAL FOR 
              CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS EXPERIENCING 
              CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY PURCHASED.

    Section 2433a(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) The requirements of subparagraphs (B) and (C) of paragraph 
(1) shall not apply to a program or subprogram if--
            ``(i) the Milestone Decision Authority determines in 
        writing, on the basis of a cost assessment and root cause 
        analysis conducted pursuant to subsection (a), that--
                    ``(I) but for a change in the quantity of items to 
                be purchased under the program or subprogram, the 
                program acquisition unit cost or procurement unit cost 
                for the program or subprogram would not have increased 
                by a percentage equal to or greater than the cost 
                growth thresholds for the program or subprogram set 
                forth in subparagraph (B); and
                    ``(II) the change in quantity of items described in 
                subclause (I) was not made as a result of an increase 
                in program cost, a delay in the program, or a problem 
                meeting program requirements;
            ``(ii) the Secretary determines in writing that the cost to 
        the Department of Defense of complying with such requirements 
        is likely to exceed the benefits to the Department of complying 
        with such requirements; and
            ``(iii) the Secretary submits to Congress, before the end 
        of the 60-day period beginning on the day the Selected 
        Acquisition Report containing the information described in 
        section 2433(g) of this title is required to be submitted under 
        section 2432(f) of this title--
                    ``(I) a copy of the written determination under 
                clause (i) and an explanation of the basis for the 
                determination; and
                    ``(II) a copy of the written determination under 
                clause (ii) and an explanation of the basis for the 
                determination.
    ``(B) The cost growth thresholds specified in this subparagraph are 
as follows:
            ``(i) In the case of a major defense acquisition program or 
        designated major defense subprogram, a percentage increase in 
        the program acquisition unit cost for the program or subprogram 
        of--
                    ``(I) 5 percent over the program acquisition unit 
                cost for the program or subprogram as shown in the 
                current Baseline Estimate for the program or 
                subprogram; and
                    ``(II) 10 percent over the program acquisition unit 
                cost for the program or subprogram as shown in the 
                original Baseline Estimate for the program or 
                subprogram.
            ``(ii) In the case of a major defense acquisition program 
        or designated major defense subprogram that is a procurement 
        program, a percentage increase in the procurement unit cost for 
        the program or subprogram of--
                    ``(I) 5 percent over the procurement unit cost for 
                the program or subprogram as shown in the current 
                Baseline Estimate for the program or subprogram; and
                    ``(II) 10 percent over the procurement unit cost 
                for the program or subprogram as shown in the original 
                Baseline Estimate for the program or subprogram.''.

SEC. 802. 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 or 
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. 803. 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) 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;
            (2) require the military departments to update estimates of 
        operating and support costs periodically throughout the life 
        cycle of a major weapon system, to determine whether 
        preliminary information and assumptions remain relevant and 
        accurate, and identify and record reasons for variances;
            (3) establish standard requirements for the collection of 
        data on operating and support costs for major weapon systems 
        and require the military departments to revise their Visibility 
        and Management of Operating and Support Costs (VAMOSC) systems 
        to ensure that they collect complete and accurate data in 
        compliance with such requirements and make such data available 
        in a timely manner;
            (4) establish standard requirements for the collection and 
        reporting of data on operating and support costs for major 
        weapon systems by contractors performing weapon system 
        sustainment functions in an appropriate format, and develop 
        contract clauses to ensure that contractors comply with such 
        requirements;
            (5) require the military departments--
                    (A) to collect and retain data from operational and 
                developmental testing and evaluation on the reliability 
                and maintainability of major weapon systems; 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;
            (6) require the military departments to ensure that 
        sustainment factors are fully considered at key life cycle 
        management decision points and that appropriate measures are 
        taken to reduce operating and support costs by influencing 
        system design early in development, developing sound 
        sustainment strategies, and addressing key drivers of costs;
            (7) require the military departments to conduct an 
        independent logistics assessment of each major weapon system 
        prior to key acquisition decision points (including milestone 
        decisions) to identify features that are likely to drive future 
        operating and support costs, changes to system design that 
        could reduce such costs, and effective strategies for managing 
        such costs;
            (8) 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
            (9) require the military departments to conduct periodic 
        reviews of operating and support costs of major weapon systems 
        after such systems achieve initial operational capability to 
        identify and address factors resulting in growth in operating 
        and support costs and adapt support strategies to reduce such 
        costs.
    (c) Retention of Data on Operating and Support Costs.--
            (1) In general.--The Director of Cost Assessment and 
        Program Evaluation shall be responsible for developing and 
        maintaining a database on operating and support estimates, 
        supporting documentation, and actual operating and support 
        costs for major weapon systems.
            (2) Support.--The Secretary of Defense shall ensure that 
        the Director, in carrying out such responsibility--
                    (A) promptly receives the results of all cost 
                estimates and cost analyses conducted by the military 
                departments with regard to operating and support costs 
                of major weapon systems;
                    (B) has timely access to any records and data of 
                the military departments (including classified and 
                proprietary information) that the Director considers 
                necessary to carry out such responsibility; and
                    (C) with the concurrence of the Under Secretary of 
                Defense for Acquisition, Technology, and Logistics, may 
                direct the military departments to collect and retain 
                information necessary to support the database.
    (d) Major Weapon System Defined.--In this section, the term ``major 
weapon system'' has the meaning given that term in section 2379(f) of 
title 10, United States Code.

SEC. 804. 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''; and
                    (B) by striking ``; and'' and inserting a period;
            (3) by redesignating subparagraph (B) as paragraph (2) and 
        indenting such paragraph two ems from the left margin;
            (4) in paragraph (2) as redesignated by paragraph (3) 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'';
            (5) 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
            (6) in paragraph (5), as redesignated by paragraph (1) of 
        this section, by striking ``paragraph (3)'' and inserting 
        ``paragraph (4)''.

SEC. 805. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON MANAGEMENT OF 
              MANUFACTURING RISK IN MAJOR DEFENSE ACQUISITION PROGRAMS.

    Section 812(b) of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4264; 10 U.S.C. 
2430 note) is amended--
            (1) by striking ``manufacturing readiness levels'' each 
        place it appears and inserting ``manufacturing readiness levels 
        or other manufacturing readiness standards'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) provide for the tailoring of manufacturing readiness 
        levels or other manufacturing readiness standards to address 
        the unique characteristics of specific industry sectors or 
        weapon system portfolios;''.

SEC. 806. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION FOR MAJOR 
              DEFENSE ACQUISITION PROGRAMS.

    (a) Chief Developmental Tester.--Section 820(a) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 
109-364; 120 Stat. 2330), as amended by section 805(c) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 110-181; 123 
Stat. 2403), is further amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) Chief developmental tester.''.
    (b) Responsibilities of Chief Developmental Tester and Lead 
Developmental Test and Evaluation Organization.--Section 139b of title 
10, United States Code, is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Support of Mdaps by Chief Developmental Tester and Lead 
Developmental Test and Evaluation Organization.--
            ``(1) Support.--The Secretary of Defense shall require that 
        each major defense acquisition program be supported by--
                    ``(A) a chief developmental tester; and
                    ``(B) a governmental test agency, serving as lead 
                developmental test and evaluation organization for the 
                program.
            ``(2) Responsibilities of chief developmental tester.--The 
        chief developmental tester for a major defense acquisition 
        program shall be responsible for--
                    ``(A) coordinating the planning, management, and 
                oversight of all developmental test and evaluation 
                activities for the program;
                    ``(B) maintaining insight into contractor 
                activities under the program and overseeing the test 
                and evaluation activities of other participating 
                government activities under the program; and
                    ``(C) helping program managers make technically 
                informed, objective judgments about contractor 
                developmental test and evaluation results under the 
                program.
            ``(3) Responsibilities of lead developmental test and 
        evaluation organization.--The lead developmental test and 
        evaluation organization for a major defense acquisition program 
        shall be responsible for--
                    ``(A) providing technical expertise on testing and 
                evaluation issues to the chief developmental tester for 
                the program;
                    ``(B) conducting developmental testing and 
                evaluation activities for the program, as directed by 
                the chief developmental tester; and
                    ``(C) assisting the chief developmental tester in 
                providing oversight of contractors under the program 
                and in reaching technically informed, objective 
                judgments about contractor developmental test and 
                evaluation results under the program.''.

SEC. 807. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR 
              WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE PROJECTS 
              WITH FRIENDLY FOREIGN COUNTRIES.

    (a) Assessment of Risk Required.--
            (1) In general.--Not later than two days after the 
        President transmits a certification to Congress pursuant to 
        section 27(f) of the Arms Export Control Act (22 U.S.C. 
        2767(f)) regarding a proposed cooperative project agreement 
        that is expected to result in the award of a Department of 
        Defense contract for the engineering and manufacturing 
        development of a major weapon system, the Secretary of Defense 
        shall submit to the Chairmen of the Committees on Armed 
        Services of the Senate and the House of Representatives a 
        report setting forth a risk assessment of the proposed 
        cooperative project.
            (2) Preparation.--The Secretary shall prepare each report 
        required by paragraph (1) in consultation with the Under 
        Secretary of Defense for Acquisition, Technology, and 
        Logistics, the Assistant Secretary of Defense for Research and 
        Engineering, and the Director of Cost Assessment and Program 
        Evaluation of the Department of Defense.
    (b) Elements.--The risk assessment on a cooperative project under 
subsection (a) shall include the following:
            (1) An assessment of the design, technical, manufacturing, 
        and integration risks associated with developing and procuring 
        the weapon system to be procured under the cooperative project.
            (2) A statement identifying any termination liability that 
        would be incurred under the development contract to be entered 
        into under subsection (a)(1), and a statement of the extent to 
        which such termination liability would not be fully funded by 
        appropriations available or sought in the fiscal year in which 
        the agreement for the cooperative project is signed on behalf 
        of the United States.
            (3) An assessment of the advisability of incurring any 
        unfunded termination liability identified under paragraph (2) 
        given the risks identified in the assessment under paragraph 
        (1).
            (4) A listing of which, if any, requirements associated 
        with the oversight and management of a major defense 
        acquisition program (as prescribed under Department of Defense 
        Instruction 5000.02 or related authorities) will be waived, or 
        in any way modified, in carrying out the development contract 
        to be entered into under (a)(1), and a full explanation why 
        such requirements need to be waived or modified.
    (c) Definitions.--In this section:
            (1) The term ``engineering and manufacturing development'' 
        has the meaning given that term in Department of Defense 
        Instruction 5000.02.
            (2) The term ``major weapon system'' has the meaning given 
        that term in section 2379(f) of title 10, United States Code.

             Subtitle B--Acquisition Policy and Management

SEC. 821. 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 agency evaluations of contractor past performance 
        are included in the relevant past performance database as soon 
        as such evaluations are completed.
            (2) That affected contractors are notified in a timely 
        manner when such agency evaluations are entered into such 
        database.
            (3) That such contractors are afforded a reasonable 
        opportunity to submit comments, rebutting statements, or 
        additional information pertaining to such agency evaluations 
        for inclusion in such database.
    (d) Comptroller General Report.--Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the congressional defense committees a 
report on the actions taken by the Under Secretary of Defense for 
Acquisition, Technology, and Logistics pursuant to this section, 
including an assessment of the extent to which such actions have 
achieved the objectives of this section.

SEC. 822. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE SCIENCE BOARD 
              TASK FORCE ON 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) A meaningful taxonomy to track services, which can be 
        built into the inventory of contract services required by 
        section 2330a(c) of title 10, United States Code.
            (2) Standards, definitions, and performance measures for 
        each portfolio of contract services which can be used for the 
        purposes of performance assessments conducted pursuant to 
        section 2548 of title 10, United States Code, and independent 
        management reviews conducted pursuant to section 808 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 215; 10 U.S.C. 2330 note).
            (3) Meaningful incentives to service contractors for high 
        performance at low cost, consistent with the objectives of the 
        Better Buying Power Initiative established by the Under 
        Secretary.
            (4) Improved means of communication between the Government 
        and the services contracting industry in the process of 
        developing requirements for services contracts.
            (5) Clear guidance for defense acquisition personnel on the 
        use of appropriate contract types for particular categories of 
        services contracts.
            (6) Formal certification and training requirements for 
        services acquisition personnel, consistent with the 
        requirements of sections 1723 and 1724 of title 10, United 
        States Code.
            (7) Appropriate emphasis on the recruiting and training of 
        services acquisition personnel, consistent with the strategic 
        workforce plan developed pursuant to section 115b of title 10, 
        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.
            (8) 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.
            (9) 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.
            (10) Actions to ensure that the Department of Defense 
        conducts realistic exercises and training that account for 
        services contracting during contingency operations, as required 
        by section 2333(e) of title 10, United States Code.
    (c) Comptroller General Report.--Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the congressional defense committees a 
report on the following:
            (1) The actions taken by the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics to carry out the 
        requirements of this section.
            (2) The actions taken by the Under Secretary to carry out 
        the requirements of section 2330 of title 10, United States 
        Code.
            (3) The actions taken by the military departments to carry 
        out the requirements of section 2330 of title 10, United States 
        Code.
            (4) The extent to which the actions described in paragraphs 
        (1), (2), and (3) have resulted in the improved acquisition and 
        management of contract services.

SEC. 823. 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 that 
is not greater than the cost of any increase in such fiscal year in the 
number of civilian billets at the Department that has been approved by 
the Secretary over the number of such billets at the Department in 
fiscal year 2010.
    (c) Guidance.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall issue guidance to the 
military departments and the Defense Agencies on implementation of this 
section during fiscal years 2012 and 2013. The guidance shall, at a 
minimum--
            (1) establish a negotiation objective that labor rates and 
        overhead rates in any contract or task order for contract 
        services with an estimated value in excess of $10,000,000 
        awarded to a contractor in fiscal year 2012 or 2013 shall not 
        exceed labor rates and overhead rates paid to the contractor 
        for contract services in fiscal year 2010;
            (2) require the Secretaries of the military departments and 
        the heads of the Defense Agencies to approve in writing any 
        contract or task order for contract services with an estimated 
        value in excess of $10,000,000 awarded to a contractor in 
        fiscal year 2012 or 2013 that provides for continuing services 
        at an annual cost that exceeds the annual cost paid by the 
        military department or Defense Agency concerned for the same or 
        similar services in fiscal year 2010;
            (3) require the Secretaries of the military departments and 
        the heads of the Defense Agencies to eliminate any contractor 
        positions identified by the military department or Defense 
        Agency concerned as being responsible for the performance of 
        inherently governmental functions;
            (4) require the Secretaries of the military departments and 
        the heads of the Defense Agencies to reduce by 10 percent per 
        fiscal year in each of fiscal years 2012 and 2013 the funding 
        of the military department or Defense Agency concerned for--
                    (A) staff augmentation contracts; and
                    (B) contracts for the performance of functions 
                closely associated with inherently governmental 
                functions; and
            (5) assign responsibility to the management officials 
        designated pursuant to section 2330 of title 10, United States 
        Code, and section 812(b) of the National Defense Authorization 
        Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3378; 
        10 U.S.C. 2330 note) to provide oversight and ensure the 
        implementation of the requirements of this section during 
        fiscal years 2012 and 2013.
    (d) Definitions.--In this section:
            (1) The term ``contract services'' has the meaning given 
        that term in section 235 of title 10, United States Code, 
        except that the term does not include services that are funded 
        out of amounts available for overseas contingency operations.
            (2) The term ``function closely associated with inherently 
        governmental functions'' has the meaning given that term in 
        section 2383(b)(3) of title 10, United States Code.
            (3) The term ``staff augmentation contracts'' means 
        contracts for personnel who are subject to the direction of a 
        government official other than the contracting officer for the 
        contract, including, but not limited to, contractor personnel 
        who perform personal services contracts (as that term is 
        defined in section 2330a(g)(5) of title 10, United States 
        Code).
            (4) The term ``transfers from funding for overseas 
        contingency operations'' means amounts funded out of amounts 
        available for overseas contingency operations in fiscal year 
        2010 that are funded out of amounts other than amounts so 
        available in fiscal year 2012 or 2013.

SEC. 824. 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, of 
        paragraph (1); and
            (4) in subparagraph (B), as redesignated by paragraph (3), 
        by redesignating subclauses (I) and (II) as clauses (i) and 
        (ii), respectively.

SEC. 825. INCORPORATION OF CORROSION PREVENTION AND CONTROL INTO 
              REQUIREMENTS APPLICABLE TO DEVELOPMENT AND ACQUISITION OF 
              WEAPON SYSTEMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, in consultation with the Director of 
Corrosion Policy and Oversight, shall, for purposes of ensuring that 
corrosion prevention and control are addressed early in the development 
and acquisition of weapon systems--
            (1) identify and disseminate throughout the Department of 
        Defense recommendations from the 2010 Corrosion Evaluation of 
        the F-22 Raptor and F-35 Lightning II Joint Strike Fighter that 
        are applicable Department-wide;
            (2) commence implementation of any modifications of 
        policies and practices that the Under Secretary considers 
        appropriate in light of such recommendations to improve 
        corrosion prevention and control in new weapon systems; and
            (3) establish a process for monitoring and assessing the 
        effectiveness of the actions taken by the Department pursuant 
        to paragraph (2) to improve corrosion prevention and control in 
        new weapon systems.
    (b) Plan.--In carrying out subsection (a), the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall develop a plan 
to achieve, to the extent and in a manner the Under Secretary 
determines to be feasible and appropriate, the following:
            (1) Investment in research and development that increases 
        the understanding of corrosion on materials and processes for 
        weapon systems.
            (2) Development and dissemination of expertise on corrosion 
        in the acquisition programs for weapon systems and in the 
        processes for developing requirements for weapon systems.
            (3) Reestablishment of appropriate military specifications 
        and standards regarding corrosion resistance in weapon systems.
            (4) Establishment of new test protocols and methodologies 
        with respect to corrosion in new materials and processes for 
        weapon systems.
            (5) Development of contract language, metrics, and 
        incentives to improve the emphasis on corrosion prevention and 
        control and the effects of corrosion on life cycle costs in 
        weapon systems.
            (6) Development of a corrosion-focused design decision 
        methodology to support acquisition programs for weapon systems 
        when required to evaluate alternative designs and help quantify 
        future operation and sustainment costs.
    (c) Corrosion Control in Certain Fighter Aircraft Programs.--
            (1) In general.--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--
                    (A) identify in the Corrosion Evaluation referred 
                to in subsection (a) specific recommendations on 
                corrosion prevention and control that are applicable to 
                the F-22 Raptor aircraft and to the F-35 Lightning II 
                Joint Strike Fighter aircraft;
                    (B) commence implementation of appropriate actions 
                to put the recommendations described in subparagraph 
                (A) into effect; and
                    (C) establish and implement processes for 
                monitoring and assessing the effectiveness of the 
                actions put into effect under subparagraph (B).
            (2) Actions on f-22 raptor aircraft.--The actions 
        implemented under paragraph (1) with respect to the F-22 Raptor 
        aircraft shall include a plan and actions to manage cumulative 
        corrosion damage to F-22 Raptor aircraft in order to mitigate 
        long-term structural risk to such aircraft.
            (3) Actions on f-35 lightning ii joint strike fighter 
        aircraft.--The actions implemented under paragraph (1) with 
        respect to the F-35 Lightning II Joint Strike Fighter aircraft 
        shall include actions as follows:
                    (A) The updating of the F-35 Corrosion Prevention 
                and Control Plan with lessons learned from corrosion 
                prevention and control for the F-22 Raptor aircraft, 
                guidelines for conducting trade studies, and 
                appropriate test and verification methods.
                    (B) Planning for a full climatic test earlier in 
                the acquisition schedule, and ensuring that--
                            (i) such test robustly addresses the 
                        effects of severe wet weather, temperature 
                        extremes, and high humidity; and
                            (ii) enclosed areas of the aircraft are 
                        opened and inspected for water or moisture 
                        intrusion.
                    (C) Developing an appropriate corrosion risk 
                mitigation follow-on plan, including the management of 
                the corrosion risk of parts qualified by similarity.
                    (D) Expanding the involvement of the Naval Air 
                Systems Command (NAVAIR) corrosion testing capability 
                and the Air Force Reserve Laboratory (AFRL) low 
                observable testing capability as a means to 
                independently test and assess materials and components.
                    (E) Reconsidering the selection of materials and 
                coating for corrosion risks.
                    (F) Specifying responsibility for management of the 
                Autonomic Logistics Information System (ALIS) link with 
                the Aircraft Structural Integrity Program (ASIP).
                    (G) Ensuring that the officials covered by 
                subparagraph (F) are involved in the development of the 
                Autonomic Logistics Information System and are capable 
                of receiving and analyzing the information to support 
                the Aircraft Structural Integrity Program sustainment 
                activity.
    (d) Corrosion Certification and Assessment for Major Defense 
Acquisition Programs.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        revise Department of Defense Instruction 5000.02 to ensure that 
        the Milestone Decision Authority for a major defense 
        acquisition program is required to consider issues of corrosion 
        and materials degradation for the purpose of any certification 
        under sections 2366a and 2366b of title 10, United States Code.
            (2) Test and evaluation.--In carrying out section 2399 of 
        title 10, United States Code, the Director of Operational Test 
        and Evaluation shall--
                    (A) consider corrosion, environmental severity, and 
                duration in the adequacy of operational test and 
                evaluation plans;
                    (B) include in the annual report under subsection 
                (g) of that section an assessment of the adequacy of 
                the consideration of material degradation and corrosion 
                in each major defense acquisition program.

SEC. 826. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS.

    No amounts authorized to be appropriated by this Act may be 
obligated or expended to implement or carry out any program that 
creates a price evaluation adjustment as described in section 
2323(e)(3) of title 10, United States Code, or any other authority, 
that is inconsistent with the holdings in the following:
            (1) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 
        (1995).
            (2) Rothe Development Corporation. v. Department of 
        Defense, 545 F.3d 1023 (2008).

  Subtitle C--Amendments Relating to General Contracting Authorities, 
                      Procedures, and Limitations

SEC. 841. TREATMENT FOR TECHNICAL DATA PURPOSES OF INDEPENDENT RESEARCH 
              AND DEVELOPMENT AND BID AND PROPOSAL COSTS.

    (a) Treatment.--Section 2320(a) of title 10, United States Code, is 
amended--
            (1) in paragraph (2)(E), by striking ``the respective 
        rights'' and inserting ``the Government may use, modify, 
        release, reproduce, perform, display, or disclose the data 
        pertaining to such item or process within the Government 
        without restriction, but may release or disclose the data 
        outside the Government only for Government purposes. The 
        respective rights'';
            (2) in paragraph (3), by striking ``and shall specify that 
        amounts spent for independent research and development and bid 
        and proposal costs shall not be considered to be Federal funds 
        for the purposes of paragraph (2)(B), but shall be considered 
        to be Federal funds for the purposes of paragraph (2)(A)''; and
            (3) by adding at the end the following new paragraph:
    ``(4)(A) Except as provided in subparagraph (B), amounts spent for 
independent research and development and bid and proposal costs shall 
not be treated as Federal funds for the purposes of this section.
    ``(B) An item or process that is developed in whole or in part with 
amounts described in subparagraph (A) shall be treated as having been 
developed in part with Federal funds and in part at private expense in 
the following circumstances:
            ``(i) In the case of an item or process for which the total 
        amount of costs referred to in subparagraph (A) allocable to 
        contracts other than Federal contracts and any other contractor 
        funds expended is less than 10 percent of the total funds 
        provided for the development of such item or process (including 
        all sources of Federal funding).
            ``(ii) In the case an item or process that is integrated 
        into a major system for which the rights in technical data are 
        otherwise described under paragraph (2)(A) or (2)(E) and for 
        which--
                    ``(I) the total amount of such costs allocable to 
                contracts other than Federal contracts and any other 
                contractor funds expended is less than 50 percent of 
                the total funds provided for the development of such 
                item or process (including all sources of Federal 
                funding); or
                    ``(II) such item or process cannot be segregated 
                from other elements of the major system in a 
                practicable manner in order to allow the system to be 
                procured using competition.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 7, 2011, immediately after the enactment of 
section 824(b)(2) of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4269), to which 
such amendments relate.

SEC. 842. EXTENSION TO ALL MANAGEMENT EMPLOYEES OF APPLICABILITY OF THE 
              SENIOR EXECUTIVE BENCHMARK COMPENSATION AMOUNT FOR 
              PURPOSES OF ALLOWABLE COST LIMITATIONS UNDER GOVERNMENT 
              CONTRACTS.

    (a) Covered Executives.--
            (1) Costs not allowable.--Subsection (e)(1)(P) of section 
        2324 of title 10, United States Code, is amended by striking 
        ``senior executives'' and inserting ``executives''.
            (2) Covered executives.--Subsection (l)(5) of such section 
        is amended--
                    (A) by striking ``The term `senior executives''' 
                and inserting ``The term `executives'''; and
                    (B) by striking ``the five most highly compensated 
                employees'' and inserting ``all employees serving''.
    (b) Effective Date.--The amendments made by this section--
            (1) shall be implemented in the Federal Acquisition 
        Regulation not later than 180 days after the date of the 
        enactment of this Act; and
            (2) shall apply with respect to costs of compensation 
        incurred on or after January 1, 2012, under contracts covered 
        by section 2324 of title 10, United States Code, that are 
        entered into before, on, or after the date of the enactment of 
        this Act.

SEC. 843. 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. 844. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES 
              OF INTERNAL CONTROLS OF NON-DEFENSE AGENCIES FOR 
              PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE.

    Section 801(d) of the National Defense Authorization Act for Fiscal 
Year 2008 (10 U.S.C. 2304 note) is amended by striking ``with the 
requirements'' and all that follows and inserting ``with the following:
            ``(1) The Federal Acquisition Regulation and other laws and 
        regulations that apply to procurements of property and services 
        by Federal agencies.
            ``(2) Laws and regulations (including applicable Department 
        of Defense financial management regulations) that apply to 
        procurements of property and services made by the Department of 
        Defense through other Federal agencies.''.

SEC. 845. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION.

    (a) In General.--Chapter 137 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2335. Prohibition on collection of political information
    ``(a) Prohibition on Requiring Submission of Political 
Information.--The head of an agency may not require a contractor to 
submit political information related to the contractor or a 
subcontractor at any tier, or any partner, officer, director, or 
employee of the contractor or subcontractor--
            ``(1) as part of a solicitation, request for bid, request 
        for proposal, or any other form of communication designed to 
        solicit offers in connection with the award of a contract for 
        procurement of property or services;
            ``(2) during the course of contract performance as part of 
        the process associated with modifying a contract or exercising 
        a contract option; or
            ``(3) any time prior to contract completion and final 
        contract closeout.
    ``(b) Scope.--The prohibition under this section applies to the 
procurement of commercial items, the procurement of commercial-off-the-
shelf-items, and the non-commercial procurement of supplies, property, 
services, and manufactured items, irrespective of contract vehicle, 
including contracts, purchase orders, task or deliver orders under 
indefinite delivery/indefinite quantity contracts, blanket purchase 
agreements, and basic ordering agreements.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed as--
            ``(1) waiving, superseding, restricting, or limiting the 
        application of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 431 et seq.) or preventing Federal regulatory or law 
        enforcement agencies from collecting or receiving information 
        authorized by law; or
            ``(2) precluding the Defense Contract Audit Agency from 
        accessing and reviewing certain information, including 
        political information, for the purpose of identifying 
        unallowable costs and administering cost principles established 
        pursuant to section 2324 of this title.
    ``(d) Definitions.--In this section:
            ``(1) Contractor.--The term `contractor' includes 
        contractors, bidders, and offerors, and individuals and legal 
        entities who would reasonably be expected to submit offers or 
        bids for Federal Government contracts.
            ``(2) Political information.--The term `political 
        information' means information relating to political spending, 
        including any payment consisting of a contribution, 
        expenditure, independent expenditure, or disbursement for an 
        electioneering communication that is made by the contractor, 
        any of its partners, officers, directors or employees, or any 
        of its affiliates or subsidiaries to a candidate or on behalf 
        of a candidate for election for Federal office, to a political 
        committee, to a political party, to a third party entity with 
        the intention or reasonable expectation that it would use the 
        payment to make independent expenditures or electioneering 
        communications, or that is otherwise made with respect to any 
        election for Federal office, party affiliation, and voting 
        history. Each of the terms `contribution', `expenditure', 
        `independent expenditure', `candidate', `election', 
        `electioneering communication', and `Federal office' has the 
        meaning given the term in the Federal Campaign Act of 1971 (2 
        U.S.C. 431 et seq.).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 137 of such title is amended by inserting after the item 
relating to section 2334 the following new item:

``2335. Prohibition on collection of political information.''.

SEC. 846. WAIVER OF ``BUY AMERICAN'' REQUIREMENT FOR PROCUREMENT OF 
              COMPONENTS OTHERWISE PRODUCIBLE OVERSEAS WITH SPECIALTY 
              METAL NOT PRODUCED IN THE UNITED STATES.

    Section 2533b of title 10, United States Code, is amended--
            (1) by redesignating subsections (l) and (m) as subsections 
        (m) and (n), respectively; and
            (2) by inserting after subsection (k) the following new 
        subsection (l):
    ``(l) Additional Waiver Authority.--(1) The Secretary of Defense 
may waive the requirement of subsection (a) with regard to the 
procurement of a component containing specialty metal if the Secretary 
determines that, in the absence of the waiver, the component will be 
produced overseas and will contain specialty metal not melted or 
produced in the United States.
    ``(2) The Secretary shall establish a process to review petitions 
for waivers under this subsection by interested persons. The process 
shall include an opportunity for comment by persons engaged in melting 
or producing specialty metals in the United States.
    ``(3) The authority to grant a waiver under paragraph (1) may be 
delegated to any civilian official in the Department of Defense or a 
military department who is appointed by the President, by and with the 
advice and consent of the Senate.''.

SEC. 847. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON 
              NONCOMPETITIVE AND ONE-OFFER CONTRACTS AWARDED BY THE 
              DEPARTMENT OF DEFENSE.

    (a) Reports Required.--Not later than March 31 of each of 2013, 
2014, and 2015, the Comptroller General of the United States shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report setting forth a review and assessment by 
the Comptroller General of the noncompetitive contracts and one-offer 
contracts awarded by the Department of Defense during the preceding 
fiscal year.
    (b) Elements.--Each report under subsection (a) shall include the 
following:
            (1) The number of noncompetitive contracts awarded by the 
        Department of Defense during the fiscal year covered by such 
        report, and the percentage of such number to the total number 
        of contracts awarded by the Department during such fiscal year.
            (2) A description of the competition exceptions that served 
        as the basis for the award of such noncompetitive contracts.
            (3) An assessment of the adequacy of the justification and 
        approvals issued under section 2304(f) of title 10, United 
        States Code, in support of such noncompetitive contracts.
            (4) The number of one-offer contracts awarded by the 
        Department during the fiscal year covered by such report, and 
        the percentage of such number to the total number of contracts 
        awarded by the Department during such fiscal year.
            (5) An assessment of the extent to which such one-offer 
        contracts were awarded in compliance with applicable Department 
        guidance on one-offer contracts.
            (6) An assessment whether the contracting practices of the 
        Department during the fiscal year covered by such report were 
        in keeping with the objective of promoting full and open 
        competition in the award of contracts in excess of the 
        simplified acquisition threshold.
    (c) Definitions.--In this section:
            (1) The term ``competitive procedures'' has the meaning 
        given that term in section 2302(2) of title 10, United States 
        Code.
            (2) The term ``noncompetitive contract'' means a contract 
        awarded through other than competitive procedures.
            (3) The term ``one-offer contract'' means a contract 
        awarded after receiving a bid from only one qualified vendor.

         Subtitle D--Provisions Relating to Wartime Contracting

SEC. 861. PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED 
              STATES CENTRAL COMMAND THEATER OF OPERATIONS.

    (a) Prohibition.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        revise the Department of Defense Supplement to the Federal 
        Acquisition Regulation to authorize the head of a contracting 
        activity, pursuant to a request from the Commander of the 
        United States Central Command under subsection (c)(2)--
                    (A) to restrict the award of Department of Defense 
                contracts, grants, or cooperative agreements that the 
                head of the contracting activity determines in writing 
                would provide funding directly or indirectly to a 
                person or entity that has been identified by the 
                Commander of the United States Central Command as 
                actively supporting an insurgency or otherwise actively 
                opposing United States or coalition forces in a 
                contingency operation in the United States Central 
                Command theater of operations;
                    (B) to terminate for default any Department 
                contract, grant, or cooperative agreement upon a 
                written determination by the head of the contracting 
                activity that the contractor, or the recipient of the 
                grant or cooperative agreement, has failed to exercise 
                due diligence to ensure that none of the funds received 
                under the contract, grant, or cooperative agreement are 
                provided directly or indirectly to a person or entity 
                who is actively supporting an insurgency or otherwise 
                actively opposing United States or coalition forces in 
                a contingency operation in the United States Central 
                Command theater of operations; or
                    (C) to void in whole or in part any Department 
                contract, grant, or cooperative agreement upon a 
                written determination by the head of the contracting 
                activity that the contract, grant, or cooperative 
                agreement provides funding directly or indirectly to a 
                person or entity that has been identified by the 
                Commander of the United States Central Command as 
                actively supporting an insurgency or otherwise actively 
                opposing United States or coalition forces in a 
                contingency operation in the United States Central 
                Command theater of operations.
            (2) Treatment as void.--For purposes of this section:
                    (A) A contract, grant, or cooperative agreement 
                that is void is unenforceable as contrary to public 
                policy.
                    (B) A contract, grant, or cooperative agreement 
                that is void in part is unenforceable as contrary to 
                public policy with regard to a segregable task or 
                effort under the contract, grant, or cooperative 
                agreement.
    (b) Contract Clause.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary shall revise the 
        Department of Defense Supplement to the Federal Acquisition 
        Regulation to require that--
                    (A) the clause described in paragraph (2) shall be 
                included in each covered contract, grant, and 
                cooperative agreement of the Department that is awarded 
                on or after the date of the enactment of this Act; and
                    (B) to the maximum extent practicable, each covered 
                contract, grant, and cooperative agreement of the 
                Department that is awarded before the date of the 
                enactment of this Act shall be modified to include the 
                clause described in paragraph (2).
            (2) Clause described.--The clause described in this 
        paragraph is a clause that--
                    (A) requires the contractor, or the recipient of 
                the grant or cooperative agreement, to exercise due 
                diligence to ensure that none of the funds received 
                under the contract, grant, or cooperative agreement are 
                provided directly or indirectly to a person or entity 
                who is actively supporting an insurgency or otherwise 
                actively opposing United States or coalition forces in 
                a contingency operation; and
                    (B) notifies the contractor, or the recipient of 
                the grant or cooperative agreement, of the authority of 
                the head of the contracting activity to terminate or 
                void the contract, grant, or cooperative agreement, in 
                whole or in part, as provided in subsection (a).
            (3) Covered contract, grant, or cooperative agreement.--In 
        this subsection, the term ``covered contract, grant, or 
        cooperative agreement'' means a contract, grant, or cooperative 
        agreement with an estimated value in excess of $100,000 that 
        will be performed in the United States Central Command theater 
        of operations.
    (c) Identification of Contracts With Supporters of the Enemy.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary, acting through the 
        Commander of the United States Central Command, shall establish 
        a program to use available intelligence to review persons and 
        entities who receive United States funds through contracts, 
        grants, and cooperative agreements performed in the United 
        States Central Command theater of operations and identify any 
        such persons and entities who are actively supporting an 
        insurgency or otherwise actively opposing United States or 
        coalition forces in a contingency operation.
            (2) Notice to contracting activities.--If the Commander of 
        the United States Central Command, acting pursuant to the 
        program required by paragraph (1), identifies a person or 
        entity as actively supporting an insurgency or otherwise 
        actively opposing United States or coalition forces in a 
        contingency operation, the Commander may notify the head of a 
        contracting activity in writing of such identification and 
        request that the head of the contracting activity exercise the 
        authority provided in subsection (a) with regard to any 
        contracts, grants, or cooperative agreements that provide 
        funding directly or indirectly to the person or entity.
            (3) Protection of classified information.--Classified 
        information relied upon by the Commander of the United States 
        Central Command to make an identification in accordance with 
        this subsection may not be disclosed to a contractor or a 
        recipient of a grant or cooperative agreement with respect to 
        which an action is taken pursuant to the authority provided in 
        subsection (a), or to their representatives, in the absence of 
        a protective order issued by a court of competent jurisdiction 
        established under Article III of the Constitution of the United 
        States that specifically addresses the conditions upon which 
        such classified information may be so disclosed.
    (d) Nondelegation of Responsibilities.--
            (1) Contract actions.--The authority provided by subsection 
        (a) to restrict, terminate, or void contracts, grants, and 
        cooperative agreements may not be delegated below the level of 
        the head of a contracting activity.
            (2) Identification of support of enemy.--The authority to 
        make an identification under subsection (c)(1) may not be 
        delegated below the level of the Commander of the United States 
        Central Command.
    (e) Contracts, Grants, and Cooperative Agreements of Other Federal 
Agencies.--This section shall not be construed to preclude the issuance 
of a government-wide regulation--
            (1) extending the authority in subsection (a) to the heads 
        of contracting agencies outside the Department; or
            (2) requiring the insertion of a contract clause similar to 
        the clause described by subsection (b)(2) into contracts, 
        grants, and cooperative agreements awarded by Federal agencies 
        other than the Department.
    (f) 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 taken. Any report 
under this subsection may be submitted in classified form.
    (g) 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.
    (h) 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. 862. 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.
    (b) Contracts, Grants, and Cooperative Agreements of Other Federal 
Agencies.--This section shall not be construed to preclude the issuance 
of a government-wide regulation requiring the insertion of a clause 
similar to the clause described by subsection (a)(2) into contracts, 
grants, and cooperative agreements awarded by Federal agencies other 
than the Department of Defense.
    (c) 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.
    (d) 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.
    (e) 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 this section 
        before the date specified in paragraph (1) shall remain in 
        effect in accordance with its terms.

SEC. 863. JOINT URGENT OPERATIONAL NEEDS FUND TO RAPIDLY MEET URGENT 
              OPERATIONAL NEEDS.

    (a) Establishment of Fund.--
            (1) In general.--Chapter 131 of title 10, United States 
        Code, is amended by inserting after section 2216 the following 
        new section:
``Sec. 2216a. Rapidly meeting urgent needs: Joint Urgent Operational 
              Needs Fund
    ``(a) Establishment.--There is established in the Treasury an 
account to be known as the `Joint Urgent Operational Needs Fund' (in 
this section referred to as the `Fund').
    ``(b) Elements.--The Fund shall consist of the following:
            ``(1) Amounts appropriated to the Fund.
            ``(2) Amounts transferred to the Fund.
            ``(3) Any other amounts made available to the Fund by law.
    ``(c) Use of Funds.--(1) Amounts in the Fund shall be available to 
the Secretary of Defense for capabilities that are determined by the 
Secretary, pursuant to the review process required by section 804(b) of 
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
(10 U.S.C. 2302 note), to be suitable for rapid fielding in response to 
urgent operational needs.
    ``(2) 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 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).

SEC. 864. 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 Fiscal Year 2011 (Public Law 
111-383; 124 Stat. 4256; 10 U.S.C. 2302 note).

SEC. 865. REACH-BACK CONTRACTING AUTHORITY FOR OPERATION ENDURING 
              FREEDOM AND OPERATION NEW DAWN.

    (a) Authority To Designate Lead Contracting Activity.--The Under 
Secretary of Defense for Acquisition, Technology, and Logistics may 
designate a single contracting activity inside the United States to act 
as the lead contracting activity with authority for use of domestic 
capabilities in support of overseas contracting for Operation Enduring 
Freedom and Operation New Dawn. The contracting activity so designated 
shall be known as the ``lead reach-back contracting authority'' for 
such operations.
    (b) Limited Authority for Use of Outside-the-United-States-
thresholds.--The head of the contracting authority designated pursuant 
to subsection (a) may, when awarding a contract inside the United 
States for performance in the theater of operations for Operation 
Enduring Freedom or Operation New Dawn, use the overseas increased 
micro-purchase threshold and the overseas increased simplified 
acquisition threshold in the same manner and to the same extent as if 
the contract were to be awarded and performed outside the United 
States.
    (c) Definitions.--In this section:
            (1) The term ``overseas increased micro-purchase 
        threshold'' means the amount specified in paragraph (1)(B) of 
        section 1903(b) of title 41, United States Code.
            (2) The term ``overseas increased simplified acquisition 
        threshold'' means the amount specified in paragraph (2)(B) of 
        section 1903(b) of title 41, United States Code.

SEC. 866. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN DEPARTMENT OF 
              DEFENSE PLANNING DOCUMENTS.

    (a) Elements in QDR Reports to Congress.--Section 118(d) of title 
10, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) the roles and responsibilities that would be 
                discharged by contractors.'';
            (2) in paragraph (6), by striking ``manpower and 
        sustainment'' and inserting ``manpower, sustainment, and 
        contractor support''; and
            (3) in paragraph (8), by inserting ``, and the scope of 
        contractor support,'' after ``Defense Agencies''.
    (b) Chairman of Joint Chiefs of Staff Assessments of Contractor 
Support of Armed Forces.--
            (1) Assessments under contingency planning.--Paragraph (3) 
        of subsection (a) of section 153 of such title is amended--
                    (A) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph (C):
            ``(C) Identifying the support functions that are likely to 
        require contractor performance under those contingency plans, 
        and the risks associated with the assignment of such functions 
        to contractors.''.
            (2) Assessments under advice on requirements, programs, and 
        budget.--Paragraph (4)(E) of such subsection is amended by 
        inserting ``and contractor support'' after ``area of 
        manpower''.
            (3) Assessments for biennial review of national military 
        strategy.--Subsection (d) of such section is amended--
                    (A) in paragraph (2), by adding at the end the 
                following new subparagraph:
            ``(I) Assessment of the requirements for contractor support 
        of the armed forces in conducting peacetime training, 
        peacekeeping, overseas contingency operations, and major combat 
        operations, and the risks associated with such support.''; and
                    (B) in paragraph (3)(B), by striking ``and the 
                levels of support from allies and other friendly 
                nations'' and inserting ``the levels of support from 
                allies and other friendly nations, and the levels of 
                contractor support''.

                       Subtitle E--Other Matters

SEC. 881. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE ACQUISITION 
              WORKFORCE DEVELOPMENT FUND.

    (a) Extension of Availability.--Section 1705(e)(6) of title 10, 
United States Code, is amended by striking ``under subsection (d)(2)'' 
and inserting ``(whether by credit in accordance with subsection 
(d)(2), by transfer pursuant to subsection (d)(3), by direct 
appropriation, or by deposit)''.
    (b) Prospective Applicability.--The amendment made by subsection 
(a) shall not apply to funds appropriated before the date of the 
enactment of this Act.
    (c) Nature of Availability.--Such section is further amended by 
striking ``expenditure'' and inserting ``obligation''.

SEC. 882. MODIFICATION OF DELEGATION OF AUTHORITY TO MAKE 
              DETERMINATIONS ON ENTRY INTO COOPERATIVE RESEARCH AND 
              DEVELOPMENT AGREEMENTS WITH NATO AND OTHER FRIENDLY 
              ORGANIZATIONS AND COUNTRIES.

    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 Principal Deputy Under Secretary of 
Defense for Acquisition, Technology, and Logistics''.

SEC. 883. RATE OF PAYMENT FOR AIRLIFT SERVICES UNDER THE CIVIL RESERVE 
              AIR FLEET PROGRAM.

    (a) Rate of Payment.--
            (1) In general.--Chapter 931 of title 10, United States 
        Code, is amended by inserting after section 9511 the following 
        new section:
``Sec. 9511a. Civil Reserve Air Fleet contracts: payment rate
    ``(a) Authority.--The Secretary of Defense shall determine a fair 
and reasonable rate of payment for airlift services provided to the 
Department of Defense by air carriers who are participants in the Civil 
Reserve Air Fleet program. Such rate of payment shall be determined in 
accordance with--
            ``(1) the methodology and ratemaking procedures in effect 
        on the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2012; and
            ``(2) such other procedures as the Secretary may prescribe 
        by regulation.
    ``(b) Regulations.--The Secretary shall prescribe regulations for 
purposes of subsection (a). Such regulations shall include a process 
for modifying the ratemaking methodology referred to in paragraph (1) 
of that subsection. The Secretary may exclude from the applicability of 
such regulations any airlift services contract made through the use of 
competitive procedures.
    ``(c) Commitment of Aircraft as Business Factor.--The Secretary 
may, in determining the quantity of business to be received under an 
airlift services contract for which the rate of payment is determined 
in accordance with subsection (a), use as a factor the relative amount 
of airlift capability committed by each air carrier to the Civil 
Reserve Air Fleet.
    ``(d) Inapplicable Provisions of Law.--An airlift services contract 
for which the rate of payment is determined in accordance with 
subsection (a) shall not be subject to the provisions of section 2306a 
of this title or to the provisions of subsections (a) and (b) of 
section 1502 of title 41.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 931 of such title is amended by inserting 
        after the item relating to section 9511 the following new item:

``9511a. Civil Reserve Air Fleet contracts: payment rate.''.
    (b) 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. 884. 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 ``at a cost of not more than 
$30,000 each'' and inserting ``, but at a cost of not more than $40,000 
each for 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. 885. EXTENSION AND EXPANSION OF SMALL BUSINESS PROGRAMS OF THE 
              DEPARTMENT OF DEFENSE.

    (a) Extension of SBIR Program.--Section 9(m)(2) of the Small 
Business Act (15 U.S.C. 638(m)(2)) is amended by striking ``September 
30, 2010'' and inserting ``September 30, 2018''.
    (b) Extension of STTR Program.--Section 9(n)(1)(A)(ii) of the Small 
Business Act (15 U.S.C. 638(n)(1)(A)(ii)) is amended by striking 
``2010'' and inserting ``2018''.
    (c) Extension and Expansion of Commercialization Pilot Program.--
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended--
            (1) in paragraphs (1), (2), and (4), by inserting ``and the 
        Small Business Technology Transfer Program'' after ``Small 
        Business Innovation Research Program''; and
            (2) in paragraph (6), by striking ``2010'' and inserting 
        ``2018''.

SEC. 886. 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 ``September 30, 2014''.
    (b) Additional Report.--Subsection (f) of such section is amended 
by inserting ``and March 1, 2012,'' after ``March 1, 1994,''.

SEC. 887. 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''.

SEC. 888. REPORT ON ALTERNATIVES FOR THE PROCUREMENT OF FIRE-RESISTANT 
              AND FIRE-RETARDANT FIBER AND MATERIALS FOR THE PRODUCTION 
              OF MILITARY PRODUCTS.

    (a) Findings.--Congress makes the following findings:
            (1) Vehicle and aircraft fires remain a significant force 
        protection and safety threat for the members of the Armed 
        Forces, whether deployed in support of ongoing military 
        operations or while training for future deployment.
            (2) Since 2003, the United States Army Institute of 
        Surgical Research, the sole burn center within the Department 
        of Defense, has admitted and treated more than 800 combat 
        casualties with burn injuries. The probability of this type of 
        injury remains extremely high with continued operations in Iraq 
        and the surge of forces into Afghanistan and the associated 
        increase in combat operations.
            (3) Advanced fiber products currently in use to protect 
        first responders such as fire fighters and factory and refinery 
        personnel in the United States steel and fuel refinery 
        industries may provide greater protection against burn injuries 
        to members of the Armed Forces.
    (b) Report.--Not later than February 28, 2012, the Secretary of 
Defense 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 fire-resistant and fire-retardant fibers and materials for 
the production of military products. The report shall include the 
following:
            (1) An identification of the fire-resistance or fire-
        retardant properties or capabilities of fibers and materials 
        (whether domestic or foreign) currently used for the production 
        of military products that require such properties or 
        capabilities (including include uniforms, protective equipment, 
        firefighting equipment, lifesaving equipment, and life support 
        equipment), and an assessment of the sufficiency, adequacy, 
        availability, and cost of such fibers and materials for that 
        purpose.
            (2) An identification of the fire-resistance or fire-
        retardant properties or capabilities of fibers and materials 
        (whether domestic or foreign) otherwise available in the United 
        States that are suitable for use in the production of military 
        products that require such properties or capabilities, and an 
        assessment of the sufficiency, adequacy, availability, and cost 
        of such fibers and materials for that purpose.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

SEC. 901. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION OF DEPUTY 
              SECRETARY OF DEFENSE.

    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. 902. 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
            (2) set forth the responsibilities of that senior official 
        with respect to such programs.

SEC. 903. MEMORANDA OF AGREEMENT ON SYNCHRONIZATION OF ENABLING 
              CAPABILITIES OF GENERAL PURPOSE FORCES WITH THE 
              REQUIREMENTS OF SPECIAL OPERATIONS FORCES.

    By not later than 180 days after the date of the enactment of this 
Act, each Secretary of a military department shall enter into a 
memorandum of agreement with the Commander of the United States Special 
Operations Command establishing procedures by which the availability of 
the enabling capabilities of the general purpose forces of the Armed 
Forces under the jurisdiction of such Secretary will be synchronized 
with the training and deployment cycle of special operations forces 
under the United States Special Operations Command.

SEC. 904. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR FORCE 
              INSTITUTE OF TECHNOLOGY.

    (a) In General.--Chapter 901 of title 10, United States Code, is 
amended by inserting after section 9314a the following new section:
``Sec. 9314b. United States Air Force Institute of Technology: 
              administration
    ``(a) Commandant.--
            ``(1) Selection.--The Commandant of the United States Air 
        Force Institute of Technology shall be selected by the 
        Secretary of the Air Force.
            ``(2) Eligibility.--The Commandant shall be one of the 
        following:
                    ``(A) An officer of the Air Force on active duty in 
                a grade not below the grade of colonel who possesses 
                such qualifications as the Secretary considers 
                appropriate and is assigned or detailed to such 
                position.
                    ``(B) A member of the Senior Executive Service or a 
                civilian individual, including an individual who was 
                retired from the Air Force in a grade not below 
                brigadier general, who has the qualifications 
                appropriate for the position of Commandant and is 
                selected by the Secretary as the best qualified from 
                among candidates for the position in accordance with a 
                process and criteria determined by the Secretary.
            ``(3) Term for civilian commandant.--An individual selected 
        for the position of Commandant under paragraph (2)(B) shall 
        serve in that position for a term of not more than five years 
        and may be continued in that position for an additional term of 
        up to five years.
    ``(b) Provost and Academic Dean.--
            ``(1) In general.--There is established at the United 
        States Air Force Institute of Technology the civilian position 
        of Provost and Academic Dean who shall be appointed by the 
        Secretary.
            ``(2) Term.--An individual appointed to the position of 
        Provost and Academic Dean shall serve in that position for a 
        term of five years.
            ``(3) Compensation.--The individual serving as Provost and 
        Academic Dean is entitled to such compensation for such service 
        as the Secretary shall prescribe for purposes of this section, 
        but not more than the rate of compensation authorized for level 
        IV of the Executive Schedule.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 901 of such title is amended by inserting after the item 
relating to section 9314a the following new item:

``9314b. United States Air Force Institute of Technology: 
                            administration.''.

SEC. 905. DEFENSE LABORATORY MATTERS.

    (a) Repeal of Sunset on Direct Hire Authority at Personnel 
Demonstration Laboratories.--Section 1108 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 1580 prec. 
note) is amended by striking subsection (e).
    (b) Repeal of Sunset on Mechanisms to Provide Funds for 
Laboratories for Research and Development of Technologies for Military 
Missions.--Section 219 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) Repeal of Sunset on Authority for Unspecified Minor Military 
Construction for Laboratory Revitalization.--Section 2805(d) of title 
10, United States Code, is amended by striking paragraph (5).
    (d) Assessment of Military Construction Required for Laboratory 
Revitalization and Recapitalization.--
            (1) Assessment required.--The Secretary of Defense shall 
        conduct an assessment of the current requirements of the 
        defense laboratories for the revitalization and 
        recapitalization of their infrastructure in order to identity 
        required military construction.
            (2) Elements.--The assessment required by paragraph (1) 
        shall--
                    (A) identify the military construction requirements 
                of the defense laboratories described in paragraph (1) 
                that cannot be met by current authorities for 
                unspecified minor military construction; and
                    (B) establish for each Armed Force a prioritized 
                list of military construction projects to meet the 
                requirements described in subparagraph (A), and 
                identify among the projects so listed each project 
                previously submitted to a military construction review 
                panel and the length of time such project has remained 
                unaddressed.
            (3) Reports.--
                    (A) 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 paragraph (1).
                    (B) Final 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 assessment. The report shall set forth 
                the following:
                            (i) The results of the assessment.
                            (ii) Such recommendations for legislative 
                        or administrative action as the Secretary 
                        considers appropriate in light of the results 
                        of the assessment.
            (4) Defense laboratory defined.--In this subsection, the 
        term ``defense laboratory'' means a laboratory (as that term is 
        defined in section 2805(d)(4) of title 10, United States Code) 
        that is owned by the United States and under the jurisdiction 
        of the Secretary of a military department.

SEC. 906. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NON-UNITED 
              STATES CITIZENS WITH SCIENTIFIC AND TECHNICAL EXPERTISE 
              VITAL TO THE NATIONAL SECURITY INTERESTS.

    (a) Assessment Required.--The Secretary of Defense shall conduct an 
assessment of current and potential mechanisms to permit the Department 
of Defense to employ non-United States citizens with critical 
scientific and technical skills that are vital to the national security 
interests of the United States.
    (b) Elements.--The assessment required by subsection (a) shall 
include the following:
            (1) An identification of the critical scientific and 
        technical skills that are vital to the national security 
        interests of the United States and are anticipated to be in 
        short supply over the next 10 years, and an identification of 
        the military positions and civilian positions of the Department 
        of Defense that require such skills.
            (2) An identification of mechanisms and incentives for 
        attracting persons who are non-United States citizens with such 
        skills to such positions, including the expedited extension of 
        United States citizenship.
            (3) An identification and assessment of any concerns 
        associated with the provision of security clearances to such 
        persons.
            (4) An identification and assessment of any concerns 
        associated with the employment of such persons in civilian 
        positions in the United States defense industrial base, 
        including in positions in which United States citizenship, a 
        security clearance, or both are a condition of employment.
    (c) Reports.--
            (1) Status report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report describing the 
        current status of the assessment required by subsection (a).
            (2) Final report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall submit to 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.

                      Subtitle B--Space Activities

SEC. 911. COMMERCIAL SPACE LAUNCH COOPERATION.

    (a) In General.--Chapter 135 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2275. Commercial space launch cooperation
    ``(a) Authority.--The Secretary of Defense may, to assist the 
Secretary of Transportation in carrying out responsibilities set forth 
in titles 49 and 51 with respect to private sector involvement in 
commercial space activities and public-private partnerships pertaining 
to space transportation infrastructure, take such actions as the 
Secretary considers to be in the best interests of the Federal 
Government to do the following:
            ``(1) Maximize the use of the capacity of the space 
        transportation infrastructure of the Department of Defense by 
        the private sector in the United States.
            ``(2) Maximize the effectiveness and efficiency of the 
        space transportation infrastructure of the Department of 
        Defense.
            ``(3) Reduce the cost of services provided by the 
        Department of Defense related to space transportation 
        infrastructure at launch support facilities and space recovery 
        support facilities.
            ``(4) Encourage commercial space activities by enabling 
        investment in the space transportation infrastructure of the 
        Department of Defense by covered entities.
            ``(5) Foster cooperation between the Department of Defense 
        and covered entities.
    ``(b) Authority for Contracts and Other Agreements Relating to 
Space Transportation Infrastructure.--The Secretary of Defense--
            ``(1) may enter into a contract or other agreement with a 
        covered entity to provide to the covered entity support and 
        services related to the space transportation infrastructure of 
        the Department of Defense; and
            ``(2) upon the request of that covered entity, may include 
        such support and services in the space launch and reentry range 
        support requirements of the Department of Defense if--
                    ``(A) the Secretary determines that the inclusion 
                of such support and services in such requirements--
                            ``(i) is in the best interests of the 
                        Federal Government;
                            ``(ii) does not interfere with the 
                        requirements of the Department of Defense; and
                            ``(iii) does not compete with the 
                        commercial space activities of other covered 
                        entities, unless that competition is in the 
                        national security interests of the United 
                        States; and
                    ``(B) any commercial requirement included in a 
                contract or other agreement entered into under this 
                subsection has full non-Federal funding before the 
                execution of the contract or other agreement.
    ``(c) Contributions.--
            ``(1) In general.--The Secretary of Defense may enter into 
        contracts or other agreements with covered entities on a 
        cooperative and voluntary basis to accept contributions of 
        funds, services, and equipment to carry out this section.
            ``(2) Use of contributions.--Any funds, services, or 
        equipment accepted by the Secretary under this subsection--
                    ``(A) may be used only for the objectives specified 
                in this section in accordance with terms of use set 
                forth in the contract or other agreement entered into 
                under this subsection; and
                    ``(B) shall be managed by the Secretary in 
                accordance with regulations of the Department of 
                Defense.
            ``(3) Requirements with respect to agreements.--A contract 
        or other agreement entered into under this subsection shall 
        address terms of use, ownership, and disposition of the funds, 
        services, or equipment contributed pursuant to the contract or 
        other agreement.
    ``(d) Defense Cooperation Space Launch Account.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a special account to be known as the 
        `Defense Cooperation Space Launch Account'.
            ``(2) Crediting of funds.--Funds received by the Secretary 
        of Defense under subsection (c) shall be credited to the 
        Defense Cooperation Space Launch Account and shall be available 
        until expended without further authorization or appropriation 
        only for the objectives specified in this section.
    ``(e) Annual Report.--Not later than January 31 of each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the funds, services, and equipment accepted and 
used by the Secretary under this section during the previous fiscal 
year.
    ``(f) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means a 
        non-Federal entity that--
                    ``(A) is organized under the laws of the United 
                States or of any jurisdiction within the United States; 
                and
                    ``(B) is engaged in commercial space activities.
            ``(2) Launch support facilities.--The term `launch support 
        facilities' has the meaning given that term in section 50501(7) 
        of title 51.
            ``(3) Space recovery support facilities.--The term `space 
        recovery support facilities' has the meaning given that term in 
        section 50501(11) of title 51.
            ``(4) Space transportation infrastructure.--The term `space 
        transportation infrastructure' has the meaning given that term 
        in section 50501(12) of title 51.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2275. Commercial space launch cooperation.''.
    (c) Regulations.--The Secretary of Defense shall prescribe 
regulations relating to the activities of the Department of Defense 
under section 2275 of title 10, United States Code, as added by 
subsection (a).

SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF SPACE VEHICLES 
              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 space vehicles requires the delivery of 
space vehicles 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.''.

SEC. 913. REVIEW TO IDENTIFY INTERFERENCE WITH NATIONAL SECURITY GLOBAL 
              POSITIONING SYSTEM RECEIVERS BY COMMERCIAL COMMUNICATIONS 
              SERVICES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the reliable provision of precision navigation and 
        timing signals by Global Positioning System satellites owned 
        and operated by the Department of Defense is critical to the 
        economy, public health and safety, and the national security of 
        the United States;
            (2) any interference with the signals of the Global 
        Positioning System satellites or the various receivers that use 
        those signals would be extraordinarily disruptive; and
            (3) the Federal Communications Commission should ensure 
        that the signals of Global Positioning System satellites can be 
        received without interruption or interference.
    (b) Review.--Not later than 90 days after the date of the enactment 
of this Act, and every 90 days thereafter until the termination date 
described in subsection (d), the Secretary of Defense shall conduct a 
review--
            (1) to assess the ability of national security Global 
        Positioning System receivers to receive the signals of Global 
        Positioning System satellites without interruption or 
        interference; and
            (2) to determine if commercial communications services are 
        causing or will cause widespread or harmful interference with 
        national security Global Positioning System receivers.
    (c) Notification to Congress.--
            (1) In general.--If the Secretary determines under 
        subsection (b)(2) that commercial communications services are 
        causing or will cause widespread or harmful interference with 
        national security Global Positioning System receivers, the 
        Secretary shall promptly submit to the congressional defense 
        committees a report notifying those committees of the 
        interference.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A list and description of the national security 
                Global Positioning System receivers that are being or 
                are expected to be interfered with by commercial 
                communications services.
                    (B) A description of the source of, and the entity 
                causing or expected to cause, the interference with 
                those receivers.
                    (C) A description of the manner in which that 
                source or entity is causing or is expected to cause the 
                interference.
                    (D) A description of the magnitude of harm caused 
                or expected to be caused by the interference.
                    (E) A description of the duration of and the 
                conditions and circumstances under which the 
                interference is occurring or is expected to occur.
                    (F) A description of the impact of the interference 
                on the national security interests of the United 
                States.
                    (G) A description of the plans of the Secretary to 
                address, alleviate, or mitigate the interference or the 
                harm caused or expected to be caused by the 
                interference.
    (d) Termination Date Described.--The requirement that the Secretary 
conduct the review under subsection (b) and submit the report under 
subsection (c) shall terminate on the earlier of--
            (1) the date that is 2 years after the date of the 
        enactment of this Act; or
            (2) the date on which the Secretary--
                    (A) determines that there is no widespread or 
                harmful interference with national security Global 
                Positioning System receivers by commercial 
                communication services; and
                    (B) notifies the congressional defense committees 
                of that determination.

                    Subtitle C--Intelligence Matters

SEC. 921. EXPANSION OF AUTHORITY FOR EXCHANGES OF MAPPING, CHARTING, 
              AND GEODETIC DATA TO INCLUDE NONGOVERNMENTAL 
              ORGANIZATIONS AND ACADEMIC INSTITUTIONS.

    (a) Broadening of Authority.--Section 454 of title 10, United 
States Code, is amended--
            (1) by inserting ``(a) Foreign Countries and International 
        Organizations.--'' before ``The Secretary of Defense''; and
            (2) by adding at the end the following new subsection:
    ``(b) Nongovernmental Organizations and Academic Institutions.--The 
Secretary may authorize the National Geospatial-Intelligence Agency to 
exchange or furnish mapping, charting, and geodetic data, supplies, and 
services relating to areas outside of the United States to a 
nongovernmental organization or an academic institution engaged in 
geospatial information research or production of such areas pursuant to 
an agreement for the production or exchange of such data.''.
    (b) Conforming Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 454. Exchange of mapping, charting, and geodetic data with 
              foreign countries, international organizations, 
              nongovernmental organizations, and academic 
              institutions''.
            (2) Table of sections.--The table of sections at the 
        beginning of subchapter II of chapter 22 of such title is 
        amended by striking the item relating to section 454 and 
        inserting the following new item:

``454. Exchange of mapping, charting, and geodetic data with foreign 
                            countries, international organizations, 
                            nongovernmental organizations, and academic 
                            institutions.''.

SEC. 922. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL OPERATIONS 
              ACTIVITIES ABROAD.

    Section 2682 of title 10, United States Code, is amended--
            (1) by inserting ``(a) Maintenance and Repair.--'' before 
        ``The maintenance and repair'';
            (2) by designating the second sentence as subsection (b), 
        realigning such subsection so as to be indented two ems from 
        the left margin, and inserting ``Jurisdiction.--'' before ``A 
        real property facility''; and
            (3) by adding at the end the following new subsection:
    ``(c) Facilities for Intelligence Collection or for Special 
Operations Abroad.--The Secretary of Defense may maintain and repair, 
and may exercise jurisdiction over, a real property facility if 
necessary to provide security for authorized intelligence collection or 
special operations activities abroad undertaken by the Department of 
Defense.''.

SEC. 923. OZONE WIDGET FRAMEWORK.

    (a) Mechanism for Internet Publication of Information for 
Development of Analysis Tools and Applications.--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 Director 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 
Director 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.
    (c) Encouragement of Use and Development.--The Director 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. 924. PLAN FOR INCORPORATION OF ENTERPRISE QUERY AND CORRELATION 
              CAPABILITY INTO THE DEFENSE INTELLIGENCE INFORMATION 
              ENTERPRISE.

    (a) Plan Required.--
            (1) In general.--The Under Secretary of Defense for 
        Intelligence shall develop a plan for the incorporation of an 
        enterprise query and correlation capability into the Defense 
        Intelligence Information Enterprise (D2IE).
            (2) Elements.--The plan required by paragraph (1) shall--
                    (A) include an assessment of all the current and 
                planned advanced query and correlation systems which 
                operate on large centralized databases that are 
                deployed or to be deployed in elements of the Defense 
                Intelligence Information Enterprise; and
                    (B) determine where duplication can be eliminated, 
                how use of these systems can be expanded, whether these 
                systems can be operated collaboratively, and whether 
                they can and should be integrated with the 
                enterprisewide query and correlation capability 
                required pursuant to paragraph (1).
    (b) Pilot Program.--
            (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.
    (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 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.

                   Subtitle D--Cybersecurity Matters

SEC. 931. 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
                    (E) include the behavior-based threat detection 
                capabilities of Tier 1 Internet Service Providers and 
                other companies that operate on the global Internet.
            (2) Source of capabilities.--The capabilities to be 
        acquired shall, to the maximum extent practicable, be acquired 
        from commercial sources. In making decisions on the procurement 
        of such capabilities from among competing commercial and 
        Government providers, the Secretary shall take into 
        consideration the needs of other departments and agencies of 
        the Federal Government, State and local governments, and 
        critical infrastructure owned and operated by the private 
        sector for unclassified, affordable, and sustainable commercial 
        solutions.
    (c) Integration and Management of Discovery Capabilities.--The plan 
required by subsection (a) shall include mechanisms for improving the 
standardization, organization, and management of the security 
information and event management systems that are widely deployed 
across the Department of Defense to improve the ability of United 
States Cyber Command to understand and control the status and condition 
of Department networks, including mechanisms to ensure that the 
security information and event management systems of the Department 
receive and correlate data collected and analyses conducted at the host 
or endpoint, at the network gateways, and by Internet Service Providers 
in order to discover new attacks reliably and rapidly.
    (d) Provision for Capability Demonstrations.--The plan required by 
subsection (a) shall provide for the conduct of demonstrations, pilot 
projects, and other tests on cyber test ranges and operational networks 
in order to determine and verify that the capabilities to be acquired 
pursuant to the plan are effective, practical, and affordable.
    (e) Report.--Not later than April 1, 2012, the Secretary shall 
submit to the congressional defense committees a report on the plan 
required by subsection (a). The report shall set forth the plan and 
include a comprehensive description of the actions being undertaken by 
the Department to implement the plan.

SEC. 932. PROGRAM IN SUPPORT OF DEPARTMENT OF DEFENSE POLICY ON 
              SUSTAINING AND EXPANDING INFORMATION SHARING.

    (a) Program Required.--The Secretary of Defense shall carry out a 
program to support the policy of the Department of Defense on 
sustaining and expanding information sharing which program shall 
provide for the adoption and improvement of technical and procedural 
capabilities to detect and prevent personnel without authorization from 
acquiring and exporting information from classified networks.
    (b) Capabilities.--Options for the technical and procedural 
capabilities to be adopted and improved under the program required by 
subsection (a) shall include, but not be limited to, capabilities for 
the following:
            (1) Disabling the removable media ports of computers, 
        whether physically or electronically.
            (2) In the case of computers authorized to write to 
        removable media, requiring systems administrator approval for 
        transfers of data.
            (3) Electronic monitoring and reporting of compliance with 
        policies on downloading of information to removable media, and 
        of attempts to circumvent such policies.
            (4) Using public-key infrastructure-based identity 
        authentication and user profiles to control information access 
        and use.
            (5) Electronic auditing and reporting of user activities to 
        deter and detect unauthorized activities.
            (6) Using data-loss-prevention and data-rights management 
        technology to prevent the unauthorized export of information 
        from a network or to render the information unusable in the 
        event of unauthorized export.
            (7) Appropriately implementing and integrating such 
        capabilities to enable efficient management and operations, and 
        effective protection of information, without impairing the work 
        of analysts and users of networks.
    (c) Program Within Broader Approach to Cybersecurity Challenges.--
In developing the program required by subsection (a), the Secretary--
            (1) shall take into account that the prevention of security 
        breaches from personnel operating from inside Department 
        networks substantially overlaps with the prevention of cyber 
        attacks (including prevention of theft of information and 
        intellectual property and the destruction of information and 
        network functionality); and
            (2) should make decisions about the utility and 
        affordability of capabilities under subsection (b) for purposes 
        of the program in full contemplation of the broad range of 
        cybersecurity challenges facing the Department.
    (d) Budget Matters.--The budget justification documents for the 
budget of the President for each fiscal year after fiscal year 2012, as 
submitted to Congress pursuant to section 1105 of title 31, United 
States Code, shall set forth information on the program required by 
subsection (a), including the following:
            (1) The amount requested for such fiscal year for the 
        program.
            (2) A description of the objectives and scope of the 
        program for such fiscal year, including management objectives 
        and program milestones and performance metrics for such fiscal 
        year.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2012 between any such authorizations for that 
        fiscal year (or any subdivisions thereof). Amounts of 
        authorizations so transferred shall be merged with and be 
        available for the same purposes as the authorization to which 
        transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $5,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A 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 this section 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).

SEC. 1002. DEFENSE BUSINESS SYSTEMS.

    (a) Availability of Funds for Defense Business System Programs.--
            (1) Conditions for obligation.--Subsection (a) of section 
        2222 of title 10, United States Code, is amended to read as 
        follows:
    ``(a) Conditions for Obligation of Funds for Covered Defense 
Business System Programs.--Appropriated and nonappropriated funds 
available to the Department of Defense may not be obligated for a 
covered defense business system program unless--
            ``(1) the appropriate chief management officer for the 
        defense business system program has--
                    ``(A) determined that--
                            ``(i) the defense business system program 
                        is in compliance with the enterprise 
                        architecture developed under subsection (c); 
                        and
                            ``(ii) appropriate business process 
                        reengineering efforts have been undertaken to 
                        ensure that--
                                    ``(I) the business process to be 
                                supported by the defense business 
                                system program will be as streamlined 
                                and efficient as practicable; and
                                    ``(II) the need to tailor 
                                commercial-off-the-shelf systems to 
                                meet unique requirements or incorporate 
                                unique interfaces has been eliminated 
                                or reduced to the maximum extent 
                                practicable; or
                    ``(B) waived the requirement in subparagraph (A) on 
                the basis of a determination by the chief management 
                officer that--
                            ``(i) the defense business system program 
                        is necessary to achieve a critical national 
                        security capability or address a critical 
                        requirement in an area such as safety or 
                        security; or
                            ``(ii) the defense business system program 
                        is necessary to prevent a significant adverse 
                        effect on a project that is needed to achieve 
                        an essential capability, taking into 
                        consideration the alternative solutions for 
                        preventing such adverse effect;
            ``(2) the determination or waiver of the chief management 
        officer under paragraph (1) has been reviewed, approved, and 
        certified by an appropriate investment review board established 
        under subsection (g); and
            ``(3) the certification by the investment review board 
        under paragraph (2) has been approved by the Defense Business 
        Systems Management Committee.''.
            (2) Treatment of certain obligations of funds.--Subsection 
        (b) of such section is amended by striking ``business system'' 
        and all that follows through ``such subsection'' and inserting 
        ``covered defense business system program that has not been 
        certified or approved in accordance with subsection (a)''.
    (b) Enterprise Architecture.--
            (1) In general.--Subsection (c) of such section is 
        amended--
                    (A) in paragraph (1), by inserting ``, known as the 
                defense business enterprise architecture,'' after ``an 
                enterprise architecture''; and
                    (B) in paragraph (2), by striking ``the enterprise 
                architecture for defense business systems'' and 
                inserting ``the defense business enterprise 
                architecture''.
            (2) Composition.--Subsection (d) of such section is 
        amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``all'' and inserting ``applicable law, 
                        including''; and
                            (ii) in subparagraph (B), by inserting 
                        ``business and'' before ``financial 
                        information'';
                    (B) in paragraph (2), by inserting ``performance 
                measures,'' after ``data standards,''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) A target systems environment, aligned to the business 
        enterprise architecture, for each of the major business 
        processes conducted by the Department of Defense, as determined 
        by the Chief Management Officer of the Department of 
        Defense.''.
            (3) Transition plan.--Subsection (e) of such section is 
        amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``The 
                        acquisition strategy for'' and inserting ``A 
                        listing of the''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``defense business 
                                systems as of December 2, 2002'' and 
                                inserting ``existing defense business 
                                systems''; and
                                    (II) by striking the comma before 
                                ``that will''; and
                    (B) in paragraph (2), by striking ``Each of the 
                strategies under paragraph (1)'' and inserting ``For 
                each system listed under paragraph (1), the transition 
                plan''.
    (c) Responsible Senior Officials and Chief Management Officers.--
Subsection (f) of such section is amended--
            (1) by striking all the matter preceding subparagraph (A) 
        of paragraph (1) and inserting the following:
    ``(f) Designation of Senior Officials and Chief Management 
Officers.--(1) For purposes of subsection (g), the appropriate senior 
Department of Defense official for the functions and activities 
supported by a covered defense business system is as follows:'';
            (2) in such paragraph (1), as so amended--
                    (A) by striking ``shall be responsible and 
                accountable for'' each place it appears and inserting 
                ``, in the case of'';
                    (B) in subparagraph (D), by striking ``Assistant 
                Secretary of Defense for Networks and Information 
                Integration and the''; and
                    (C) in subparagraph (E), by striking ``Deputy 
                Secretary of Defense'' and all that follows through 
                ``responsible for'' and inserting ``Deputy Chief 
                Management Officer of the Department of Defense, in the 
                case of''; and
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``subsection (a)'' and 
                        inserting ``subsections (a) and (g)''; and
                            (ii) by striking ``modernization'' and 
                        inserting ``program'';
                    (B) in subparagraph (D), by inserting ``the 
                Director of such Defense Agency, unless otherwise 
                approved by'' before ``the Deputy Chief Management 
                Officer''; and
                    (C) in subparagraph (E), by inserting ``the 
                designee of'' before ``the Deputy Chief Management 
                Officer''.
    (d) Investment Review.--Subsection (g) of such section is amended--
            (1) by striking paragraph (1) and inserting the following 
        new paragraph (1):
    ``(1) The Secretary of Defense, acting through the Chief Management 
Officer of the Department of Defense, shall establish, by not later 
than March 15, 2012, an investment review board and investment 
management process, consistent with section 11312 of title 40, to 
review the planning, design, acquisition, development, deployment, 
operation, maintenance, modernization, and project cost benefits and 
risks of covered defense business system programs. The investment 
review process so established shall specifically address the 
requirements of subsection (a).''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``systems'' and inserting ``system programs'';
                    (B) in subparagraph (A), by striking ``defense 
                business system'' and all that follows through ``as an 
                investment'' and inserting ``covered defense business 
                system program, in accordance with the requirements of 
                subsection (a),'';
                    (C) in subparagraph (B), by striking ``every 
                defense business system'' and all that follows and 
                inserting ``covered defense business system programs, 
                grouped in portfolios of defense business systems;'';
                    (D) by striking subparagraph (C) and inserting the 
                following new subparagraph (C):
            ``(C) Representation on each investment review board by 
        appropriate officials from among the Office of the Secretary of 
        Defense, the armed forces, the combatant commands, the Joint 
        Chiefs of Staff, and the Defense Agencies, including 
        representatives of each of the following:
                    ``(i) The appropriate chief management officer for 
                the defense business system under review.
                    ``(ii) The appropriate senior Department of Defense 
                official for the functions and activities supported by 
                the defense business system under review.
                    ``(iii) The Chief Information Officer of the 
                Department of Defense.''; and
                    (E) in subparagraph (D), by striking 
                ``investments'' and inserting ``programs''.
    (e) Budget Information.--Subsection (h) of such section is 
amended--
            (1) in paragraph (1), by inserting ``program'' after 
        ``defense business system'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``such system'' and inserting ``such 
                program''; and
                    (B) in subparagraph (A), by striking ``the system'' 
                and inserting ``the system covered by such program'';
            (3) by striking paragraph (3) and inserting the following 
        new paragraph (3):
            ``(3) For each such program, an identification of the 
        appropriate chief management officer and senior Department of 
        Defense official designated under subsection (f).''; and
            (4) in paragraph (4), by striking ``such system'' both 
        places it appears and inserting ``such program''.
    (f) Reports to Congress.--Subsection (i) of such section is 
amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``2005 through 2013'' and inserting 
                ``2012 through 2016'';
                    (B) by striking the second sentence; and
                    (C) by striking ``Subsequent reports'' and 
                inserting ``Each report'';
            (2) by striking ``modernizations'' each place it appears in 
        paragraphs (1) and (2) and inserting ``programs'';
            (3) by striking paragraph (3) and inserting the following 
        new paragraph (3):
            ``(3) identify any covered defense business system program 
        for which a waiver was granted under subsection (a)(1)(B) 
        during the preceding fiscal year, and set forth the reasons for 
        each such waver; and''; and
            (4) in paragraph (4), by striking ``modernization efforts'' 
        and inserting ``programs''.
    (g) Definitions.--Subsection (j) of such section is amended--
            (1) by striking paragraphs (1) and (3);
            (2) by redesignating paragraphs (2), (4), (5), and (6) as 
        paragraphs (1), (3), (4), and (5), respectively; and
            (3) by inserting after paragraph (1), as redesignated by 
        paragraph (2) of this subsection, the following new paragraph 
        (2):
            ``(2) The term `covered defense business system program' 
        means any program as follows:
                    ``(A) A program for the acquisition or development 
                of a new defense business system with a total cost in 
                excess of $1,000,000.
                    ``(B) A program for any significant modification or 
                enhancement of an existing defense business system with 
                a total cost in excess of $1,000,000.
                    ``(C) A program for the operation and maintenance 
                of an existing defense business system, if the 
                estimated cost of operation and maintenance of such 
                system exceeds $1,000,000 over the period of the 
                current future-years defense program submitted to 
                Congress under section 221 of this title.''.

SEC. 1003. MODIFICATION OF AUTHORITIES ON CERTIFICATION AND CREDENTIAL 
              STANDARDS FOR FINANCIAL MANAGEMENT POSITIONS IN THE 
              DEPARTMENT OF DEFENSE.

    (a) In General.--Section 1599d of title 10, United States Code, is 
amended to read as follows:
``Sec. 1599d. Financial management positions: authority to prescribe 
              professional certification and credential standards
    ``(a) Authority To Prescribe Professional Certification and 
Credential Standards.--The Secretary of Defense may prescribe 
professional certification and credential standards for financial 
management positions within the Department of Defense, including 
requirements for formal education and requirements for certifications 
that individuals have met predetermined qualifications set by an agency 
of Government or by an industry or professional group. 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 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. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE PROTECTION 
              AGREEMENTS.

    (a) In General.--Section 5(b) of the Act of May 27, 1955 (chapter 
105; 69 Stat. 67; 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.

                  Subtitle B--Counter-Drug Activities

SEC. 1011. FIVE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF 
              DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR 
              COUNTERDRUG ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.

    (a) Five-year Extension.--Subsection (a) of section 1004 of the 
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 
note) is amended by striking ``During fiscal years 2002 through 2011'' 
and inserting ``Until September 30, 2016''.
    (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' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(2) The term `tribal government' means the governing body 
        of an Indian tribe.''.

SEC. 1012. FIVE-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE 
              ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN 
              FOREIGN GOVERNMENTS.

    (a) In General.--Subsection (a)(2) of section 1033 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 ``2017''.
    (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 ``2017''.
    (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.
            ``(28) Government of Ivory Coast.
            ``(29) Government of Jamaica.
            ``(30) Government of Liberia.
            ``(31) Government of Mauritania.
            ``(32) Government of Nicaragua.
            ``(33) Government of Nigeria.
            ``(34) Government of Sierra Leone.
            ``(35) Government of Togo.''.

SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN 
              COUNTER-DRUG ACTIVITIES.

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

SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE 
              SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
              TERRORISM ACTIVITIES.

    (a) Extension.--Section 1022(b) of the National 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 after September 30, 
2011, 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. 1015. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG AND 
              COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

    Section 1021(a)(1) 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 further amended by striking ``2011'' and 
inserting ``2012''.

                Subtitle C--Naval Vessels and Shipyards

SEC. 1021. LIMITATION ON AVAILABILITY OF FUNDS FOR PLACING MARITIME 
              PREPOSITIONING SHIP SQUADRONS ON REDUCED OPERATING 
              STATUS.

    No amounts authorized to be appropriated by this 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. 1022. 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. 1023. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME SAFETY OF 
              FORCES AND HYDROGRAPHIC SUPPORT.

    (a) Authority.--Part IV of subtitle C of title 10, United States 
Code, is amended by adding at the end the following new chapter:

                ``CHAPTER 669--MARITIME SAFETY OF FORCES

``Sec.
``7921. Safety and effectiveness information; hydrographic information.
``Sec. 7921. Safety and effectiveness information; hydrographic 
              information
    ``(a) Safety and Effectiveness Information.--(1) The Secretary of 
the Navy shall maximize the safety and effectiveness of all maritime 
vessels, aircraft, and forces of the armed forces by means of--
            ``(A) marine data collection;
            ``(B) numerical weather and ocean prediction; and
            ``(C) forecasting of hazardous weather and ocean 
        conditions.
    ``(2) The Secretary may extend similar support to forces of the 
North Atlantic Treaty Organization, and to coalition forces, that are 
operating with the armed forces.
    ``(b) Hydrographic Information.--The Secretary of the Navy shall 
collect, process, and provide to the Director of the National 
Geospatial-Intelligence Agency hydrographic information to support 
preparation of maps, charts, books, and geodetic products by that 
Agency.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
subtitle C of such title, and the table of chapters at the beginning of 
part IV of such subtitle, are each amended by inserting after the item 
relating to chapter 667 the following new item:

``669. Maritime Safety of Forces............................    7921''.

                      Subtitle D--Detainee Matters

SEC. 1031. AUTHORITY TO DETAIN UNPRIVILEGED ENEMY BELLIGERENTS CAPTURED 
              PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

    (a) In General.--The Armed Forces of the United States are 
authorized to detain covered persons captured in the course of 
hostilities authorized by the Authorization for Use of Military Force 
(Public Law 107-40) as unprivileged enemy belligerents pending 
disposition under the law of war.
    (b) Covered Persons.--A covered person under this section is any 
person, including but not limited to persons for whom detention is 
required under section 1032, 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) Long-term detention under the law of war without trial 
        until the end of hostilities against the nations, 
        organizations, and persons subject to 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) Constitutional Limitation on Applicability to United States 
Persons.--The authority to detain a person under this section does not 
extend to the detention of citizens or lawful resident aliens 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.

SEC. 1032. REQUIRED MILITARY CUSTODY FOR MEMBERS OF AL-QAEDA AND 
              AFFILIATED ENTITIES.

    (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) in military custody as an unprivileged enemy 
        belligerent pending disposition under the law of war.
            (2) Applicability to al-qaeda and affiliated entities.--The 
        requirement in paragraph (1) shall apply to any covered person 
        under section 1031(b) who is determined to be--
                    (A) a member of, or part of, al-Qaeda or an 
                affiliated entity; and
                    (B) a participant 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 1031(c), except that no 
        transfer otherwise described in paragraph (4) of that section 
        shall be made unless consistent with the requirements of 
        section 1033.
            (4) Waiver for national security.--The Secretary of Defense 
        may, in consultation with the Secretary of State and the 
        Director of National Intelligence, waive the requirement of 
        paragraph (1) if the Secretary submits to Congress a 
        certification in writing that such a waiver is in the national 
        security interests of the United States.
    (b) Requirement Inapplicable to United States Citizens.--The 
requirement to detain a person in military custody under this section 
does not extend to citizens of the United States.
    (c) Effective Date.--This section shall take effect on 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 date.

SEC. 1033. PERMANENT 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 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 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--
            (1) is not a designated state sponsor of terrorism or a 
        designated foreign terrorist organization;
            (2) maintains control over each detention facility in which 
        the individual is to be detained if the individual is to be 
        housed in a detention facility;
            (3) 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;
            (4) 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;
            (5) has taken or agreed to take such actions as the 
        Secretary of Defense determines are necessary to ensure that 
        the individual cannot engage or reengage in any terrorist 
        activity; and
            (6) has agreed to share with the United States any 
        information that--
                    (A) is related to the individual or any associates 
                of the individual; and
                    (B) could affect the security of the United States, 
                its citizens, or its allies.
    (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 paragraph (4) or (5) of subsection (b) 
        or the prohibition in subsection (c) if the Secretary, 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 paragraph (4) or (5) 
                of subsection (b), 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.
            (2) Reports.--Whenever the Secretary makes a determination 
        under paragraph (1), the Secretary shall submit to the 
        congressional defense committees, 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 paragraph 
                        (4) or (5) of subsection (b), an explanation 
                        why it is not possible to certify that the 
                        risks addressed in the paragraph 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 paragraph or 
                subsection to be waived.
    (e) Definitions.--In this section:
            (1) 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.
            (2) 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. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
              FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES 
              TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO 
              BAY, CUBA.

    (a) In General.--No amounts authorized to be appropriated or 
otherwise made available to the Department of Defense 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 1033(e)(1).
    (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) and 
(b).

SEC. 1035. PROCEDURES FOR ANNUAL 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).
    (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; and
            (3) 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;
                    (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. 1036. PROCEDURES FOR STATUS DETERMINATION OF UNPRIVILEGED ENEMY 
              BELLIGERENTS.

    (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 captured in the course 
of hostilities authorized by the Authorization for Use of Military 
Force (Public Law 107-40) for purposes of section 1031.
    (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) 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.
    (d) 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. 1037. 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 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 votes of all members of a military 
commission concurring in the sentence of death as provided in section 
949m(b)(2)(D) of this title.''.

         Subtitle E--Miscellaneous Authorities and Limitations

SEC. 1041. MANAGEMENT OF DEPARTMENT OF DEFENSE INSTALLATIONS.

    (a) Secretary of Defense Authority.--Chapter 159 of title 10, 
United States Code, is amended by inserting after section 2671 the 
following new section:
``Sec. 2672. Protection of property
    ``(a) In General.--The Secretary of Defense shall protect the 
buildings, grounds, and property that are under the jurisdiction, 
custody, or control of the Department of Defense and the persons on 
that property.
    ``(b) Officers and Agents.--
            ``(1) Designation.--(A) The Secretary may designate 
        military or civilian personnel of the Department of Defense as 
        officers and agents to perform the functions of the Secretary 
        under subsection (a), including, with regard to civilian 
        officers and agents, duty in areas outside the property 
        specified in that subsection to the extent necessary to protect 
        that property and persons on that property.
            ``(B) A designation under subparagraph (A) may be made by 
        individual, by position, by installation, or by such other 
        category of personnel as the Secretary determines appropriate.
            ``(C) In making a designation under subparagraph (A) with 
        respect to any category of personnel, the Secretary shall 
        specify each of the following:
                    ``(i) The personnel or positions to be included in 
                the category.
                    ``(ii) Which authorities provided for in paragraph 
                (2) may be exercised by personnel in that category.
                    ``(iii) In the case of civilian personnel in that 
                category--
                            ``(I) which authorities provided for in 
                        paragraph (2), if any, are authorized to be 
                        exercised outside the property specified in 
                        subsection (a); and
                            ``(II) with respect to the exercise of any 
                        such authorities outside the property specified 
                        in subsection (a), the circumstances under 
                        which coordination with law enforcement 
                        officials outside of the Department of Defense 
                        should be sought in advance.
            ``(D) The Secretary may make a designation under 
        subparagraph (A) only if the Secretary determines, with respect 
        to the category of personnel to be covered by that designation, 
        that--
                    ``(i) the exercise of each specific authority 
                provided for in paragraph (2) to be delegated to that 
                category of personnel is necessary for the performance 
                of the duties of the personnel in that category and 
                such duties cannot be performed as effectively without 
                such authorities; and
                    ``(ii) the necessary and proper training for the 
                authorities to be exercised is available to the 
                personnel in that category.
            ``(2) Powers.--Subject to subsection (h) and to the extent 
        specifically authorized by the Secretary, while engaged in the 
        performance of official duties pursuant to this section, an 
        officer or agent designated under this subsection may--
                    ``(A) enforce Federal laws and regulations for the 
                protection of persons and property;
                    ``(B) carry firearms;
                    ``(C) make arrests--
                            ``(i) without a warrant for any offense 
                        against the United States committed in the 
                        presence of the officer or agent; or
                            ``(ii) for any felony cognizable under the 
                        laws of the United States if the officer or 
                        agent has reasonable grounds to believe that 
                        the person to be arrested has committed or is 
                        committing a felony;
                    ``(D) serve warrants and subpoenas issued under the 
                authority of the United States; and
                    ``(E) conduct investigations, on and off the 
                property in question, of offenses that may have been 
                committed against property under the jurisdiction, 
                custody, or control of the Department of Defense or 
                persons on such property.
    ``(c) Regulations.--
            ``(1) In general.--The Secretary may prescribe regulations, 
        including traffic regulations, necessary for the protection and 
        administration of property under the jurisdiction, custody, or 
        control of the Department of Defense and persons on that 
        property. The regulations may include reasonable penalties, 
        within the limits prescribed in paragraph (2), for violations 
        of the regulations. The regulations shall be posted and remain 
        posted in a conspicuous place on the property to which they 
        apply.
            ``(2) Penalties.--A person violating a regulation 
        prescribed under this subsection shall be fined under title 18, 
        imprisoned for not more than 30 days, or both.
    ``(d) Limitation on Delegation of Authority.--The authority of the 
Secretary of Defense under subsections (b) and (c) may be exercised 
only by the Secretary or Deputy Secretary of Defense.
    ``(e) Disposition of Persons Arrested.--A person who is arrested 
pursuant to authority exercised under subsection (b) may not be held in 
a military confinement facility, other than in the case of a person who 
is subject to chapter 47 of this title (the Uniform Code of Military 
Justice).
    ``(f) Facilities and Services of Other Agencies.--In implementing 
this section, when the Secretary determines it to be economical and in 
the public interest, the Secretary may utilize the facilities and 
services of Federal, State, tribal, and local law enforcement agencies, 
with the consent of those agencies, and may reimburse those agencies 
for the use of their facilities and services.
    ``(g) Authority Outside Federal Property.--For the protection of 
property under the jurisdiction, custody, or control of the Department 
of Defense and persons on that property, the Secretary may enter into 
agreements with Federal agencies and with State, tribal, and local 
governments to obtain authority for civilian officers and agents 
designated under this section to enforce Federal laws and State, 
tribal, and local laws concurrently with other Federal law enforcement 
officers and with State, tribal, and local law enforcement officers.
    ``(h) Attorney General Approval.--The powers granted pursuant to 
subsection (b)(2) to officers and agents designated under subsection 
(b)(1) shall be exercised in accordance with guidelines approved by the 
Attorney General.
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section shall be construed--
            ``(1) to preclude or limit the authority of any Federal law 
        enforcement agency;
            ``(2) to restrict the authority of the Secretary of 
        Homeland Security or of the Administrator of General Services 
        to promulgate regulations affecting property under the custody 
        and control of that Secretary or the Administrator, 
        respectively;
            ``(3) to expand or limit section 21 of the Internal 
        Security Act of 1950 (50 U.S.C. 797);
            ``(4) to affect chapter 47 of this title; or
            ``(5) to restrict any other authority of the Secretary of 
        Defense or the Secretary of a military department.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2671 the following new item:

``2672. Protection of property.''.

SEC. 1042. 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''.
    (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''.

SEC. 1043. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL 
              RECOVERY REINTEGRATION AND POST-ISOLATION SUPPORT 
              ACTIVITIES.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1056 the following new section:
``Sec. 1056a. Reintegration of recovered Department of Defense 
              personnel; post-isolation support activities for other 
              recovered personnel
    ``(a) Reintegration and Support Authorized.--The Secretary of 
Defense may carry out the following:
            ``(1) Reintegration activities for recovered persons who 
        are Department of Defense personnel.
            ``(2) Post-isolation support activities for or on behalf of 
        other recovered persons who are officers or employees of the 
        United States Government, military or civilian officers or 
        employees of an allied or coalition partner of the United 
        States, or other United States or foreign nationals.
    ``(b) Activities Authorized.--(1) The activities authorized by 
subsection (a) for or on behalf of a recovered person may include the 
following:
            ``(A) The provision of food, clothing, necessary medical 
        support, and essential sundry items for the recovered person.
            ``(B) In accordance with regulations prescribed by the 
        Secretary of Defense, travel and transportation allowances for 
        not more than three family members, or other designated 
        individuals, determined by the commander or head of a military 
        medical treatment facility to be beneficial for the 
        reintegration of the recovered person and whose presence may 
        contribute to improving the physical and mental health of the 
        recovered person.
            ``(C) Transportation or reimbursement for transportation in 
        connection with the attendance of the recovered person at 
        events or functions determined by the commander or head of a 
        military medical treatment facility to contribute to the 
        physical and mental health of the recovered person.
    ``(2) Medical support may be provided under paragraph (1)(A) to a 
recovered person who is not a member of the armed forces for not more 
than 20 days.
    ``(c) Definitions.--In this section:
            ``(1) The term `post-isolation support', in the case of a 
        recovered person, means--
                    ``(A) the debriefing of the recovered person 
                following a separation as described in paragraph (2);
                    ``(B) activities to promote or support the physical 
                and mental health of the recovered person following 
                such a separation; and
                    ``(C) other activities to facilitate return of the 
                recovered person to military or civilian life as 
                expeditiously as possible following such a separation.
            ``(2) The term `recovered person' means an individual who 
        is returned alive from separation (whether as an individual or 
        a group) while participating in or in association with a United 
        States-sponsored military activity or mission in which the 
        individual was detained in isolation or held in captivity by a 
        hostile entity.
            ``(3) The term `reintegration', in the case of a recovered 
        person, means--
                    ``(A) the debriefing of the recovered person 
                following a separation as described in paragraph (2);
                    ``(B) activities to promote or support for the 
                physical and mental health of the recovered person 
                following such a separation; and
                    ``(C) other activities to facilitate return of the 
                recovered person to military duty or employment with 
                the Department of Defense as expeditiously as possible 
                following such a separation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of such title is amended by inserting after the item 
relating to section 1056 the following new item:

``1056a. Reintegration of recovered Department of Defense personnel; 
                            post-isolation support activities for other 
                            recovered personnel.''.

SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN 
              SENSITIVE NATIONAL SECURITY INFORMATION.

    (a) Critical Infrastructure Information.--The Secretary of Defense 
may exempt Department of Defense critical infrastructure information 
from disclosure under section 552 of title 5, United States Code, upon 
a written determination that the disclosure of such information would 
reveal vulnerabilities in such infrastructure that, if exploited, could 
result in the disruption, degradation, or destruction of Department of 
Defense operations, property, or facilities. Critical infrastructure 
information covered by a written determination under this subsection 
that is provided to a State or local government to assist first 
responders in the event that emergency assistance should be required 
shall be deemed to remain under the control of the Department of 
Defense.
    (b) Military Flight Operations Quality Assurance System.--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 of title 5, 
United States Code, upon a written determination that the disclosure of 
such information in the aggregate (or when combined with other 
information already in the public domain or subject to public release 
pursuant to such section 552) would reveal sensitive information 
regarding the tactics, techniques, procedures, processes, or 
operational and maintenance capabilities of military combat aircraft, 
units, or aircrews. Information covered by a written determination 
under this subsection shall be exempt from disclosure under such 
section 552 even when such information is contained in a data file that 
is not exempt in its entirety from such disclosure.
    (c) Delegation.--The Secretary of Defense may delegate the 
authority to make a determination under subsection (a) or (b) to any 
civilian official in the Department of Defense or a military department 
who is appointed by the President, by and with the advice and consent 
of the Senate.
    (d) Transparency Requirement.--Each determination under subsection 
(a) or (b) 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 Assistant Secretary of Defense for Public Affairs.
    (e) Definitions.--In this section:
            (1) The term ``Department of Defense critical 
        infrastructure information'' means sensitive but unclassified 
        information 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, explosives safety information 
        (including storage and handling), and other site-specific 
        information on or relating to installation security.
            (2) The term ``data file'' means a file of the Military 
        Flight Operations Quality Assurance system that contains 
        information acquired or generated by the Military Flight 
        Operations Quality Assurance system, including the following:
                    (A) Any data base containing raw Military Flight 
                Operations Quality Assurance data.
                    (B) Any analysis or report generated by the 
                Military Flight Operations Quality Assurance system or 
                which is derived from Military Flight Operations 
                Quality Assurance data.

SEC. 1045. CLARIFICATION OF AIRLIFT SERVICE DEFINITIONS RELATING TO THE 
              CIVIL RESERVE AIR FLEET.

    (a) Clarification.--Section 41106 of title 49, United States Code, 
is amended--
            (1) by striking ``transport category aircraft'' in 
        subsections (a)(1), (b), and (c) and inserting ``CRAF-eligible 
        aircraft''; and
            (2) in subsection (c), by striking ``that has aircraft in 
        the civil reserve air fleet'' and inserting ``referred to in 
        subsection (a)''.
    (b) CRAF-eligible Aircraft Defined.--Such section is further 
amended by adding at the end the following new subsection:
    ``(e) CRAF-eligible Aircraft Defined.--In this section, the term 
`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. 1046. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE 
              DEPARTMENT OF DEFENSE AS ADVISORS TO FOREIGN MINISTRIES 
              OF DEFENSE AND INTERNATIONAL PEACE AND SECURITY 
              ORGANIZATIONS.

    (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 and international peace and security organizations in 
order to--
            (1) provide institutional, ministerial-level advice, and 
        other training to personnel of the ministry or organization to 
        which assigned in support of stabilization or post-conflict 
        activities; or
            (2) assist such ministry or organization in building core 
        institutional capacity, competencies, and capabilities to 
        manage defense-related processes.
    (b) Termination of Authority.--
            (1) In general.--The authority of the Secretary of Defense 
        to assign civilian employees under the program under subsection 
        (a) terminates at the close of September 30, 2014.
            (2) Continuation of assignments.--Any assignment of a 
        civilian employee under subsection (a) before the date 
        specified in paragraph (1) may continue after that date, but 
        only using funds available for fiscal year 2012, 2013, or 2014.
    (c) Annual Report.--Not later than December 30 each year through 
2014, the Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report on activities under the program 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 and international 
        peace and security organizations 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 statement of the cost of each such assignment.
    (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. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS REQUIRED WITH RESPECT 
              TO CERTAIN PROPOSALS TO REDUCE THE NUCLEAR WEAPONS 
              STOCKPILE OF THE UNITED STATES.

    (a) In General.--If, on or after the date of the enactment of this 
Act, the President makes a proposal described in subsection (b), the 
President shall--
            (1) conduct a net assessment of the current and proposed 
        nuclear forces of the United States and of other countries that 
        possess nuclear weapons to determine whether the nuclear forces 
        of the United States are anticipated to be capable of meeting 
        the objectives of the United States with respect to nuclear 
        deterrence, extended deterrence, assurance of allies, and 
        defense; and
            (2) as soon as practicable after the date on which the 
        President makes such a proposal, submit that assessment to the 
        congressional defense committees.
    (b) Proposal Described.--
            (1) In general.--A proposal described in this subsection is 
        a proposal--
                    (A) to reduce the number of deployed nuclear 
                weapons of the United States to a level that is lower 
                than the level described in the Treaty between the 
                United States of America and the Russian Federation on 
                Measures for the Further Reduction and Limitation of 
                Strategic Offensive Arms, signed at Prague April 8, 
                2010; or
                    (B) except as provided in paragraph (2), to reduce, 
                in a calendar year before 2022, the number of non-
                deployed nuclear weapons held by the United States as a 
                hedge.
            (2) Exception for routine stockpile stewardship 
        activities.--The requirement to conduct the net assessment 
        under subsection (a) does not apply with respect to a proposal 
        described in paragraph (1)(B) to reduce the number of non-
        deployed nuclear weapons held by the United States if that 
        reduction is associated with routine stockpile stewardship 
        activities.
            (3) Hedge defined.--For purposes of paragraph (1)(B), the 
        term ``hedge'' means the retention of non-deployed nuclear 
        weapons in both the active and inactive nuclear weapons 
        stockpiles to respond to a technical failure in the stockpile 
        or a change in the geopolitical environment.

SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE TROOPS-TO-
              TEACHERS PROGRAM.

    (a) Fiscal Year 2012 Administration.--Notwithstanding section 
2302(c) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6672(c)), the Secretary of Defense may administer the Troops-to-
Teachers Program during fiscal year 2012. Amounts authorized to be 
appropriated for the Department of Defense by this Act shall be 
available to the Secretary of Defense for that purpose.
    (b) Report.--Not later than April 1, 2012, the Secretary of Defense 
and the Secretary of Education shall jointly submit to the appropriate 
committees of Congress a report on the Troops-to-Teachers Program. The 
report shall include the following:
            (1) A summary of the funding of the Troops-to-Teachers 
        Program since its inception and projected funding of the 
        program during the period covered by the future-years defense 
        program submitted to Congress during 2011.
            (2) The number of past participants in the Troops-to-
        Teachers Program by year, the number of past participants who 
        have fulfilled, and have not fulfilled, their service 
        obligation under the program, and the number of waivers of such 
        obligations (and the reasons for such waivers).
            (3) A discussion and assessment of the current and 
        anticipated effects of recent economic circumstances in the 
        United States, and cuts nationwide in State and local budgets, 
        on the ability of participants in the Troops-to-Teachers 
        Program to obtain teaching positions.
            (4) A discussion of the youth education goals in the 
        Troops-to-Teachers Program and the record of the program to 
        date in producing teachers in high-need and other eligible 
        schools.
            (5) An assessment of the extent to which the Troops-to-
        Teachers Program achieves its purpose as a military transition 
        assistance program and, in particular, as transition assistance 
        program for members of the Armed Forces who are nearing 
        retirement or who are voluntarily or involuntarily separating 
        from military service.
            (6) An assessment of the performance of the Troops-to-
        Teachers Program in providing qualified teachers to high-need 
        public schools, and reasons for expanding the program to 
        additional school districts.
            (7) A discussion and assessment of the advisability of the 
        administration of the Troops-to-Teachers Program by the 
        Department of Education in consultation with the Department of 
        Defense.
    (c) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committees on Armed Services and Health, 
                Education, Labor, and Pensions of the Senate; and
                    (B) the Committees on Armed Services and Education 
                and Labor of the House of Representatives.
            (2) Troops-to-teachers program.--The term ``Troops-to-
        Teachers Program'' means the Troops-to-Teachers Program 
        authorized by chapter A of subpart 1 of part C of title II of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6671 et seq.).

     Subtitle F--Repeal and Modification of Reporting Requirements

                PART I--REPEAL 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 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.
            (4) Section 437 is amended by striking subsection (c).
            (5)(A) Section 483 is repealed.
            (B) The table of sections at the beginning of chapter 23 is 
        amended by striking the item relating to section 483.
            (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) 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''.
            (11) Section 1781b is amended by striking subsection (d).
            (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) Section 2244a(c) is amended by striking the second 
        sentence.
            (14)(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.
            (15) Section 2350a(g) is amended by striking paragraph (3).
            (16) Section 2410m is amended by striking subsection (c).
            (17) Section 2485(a) is amended--
                    (A) by striking ``(1)''; and
                    (B) by striking paragraph (2).
            (18) Section 2493 is amended by striking subsection (g).
            (19) Section 2515 is amended by striking subsection (d).
            (20)(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.
            (21) Section 2583 is amended--
                    (A) by striking subsection (f); and
                    (B) by redesignating subsection (g) as subsection 
                (f).
            (22) 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.
            (23)(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.
            (24)(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.
            (25) 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).
            (26) Section 2826 is amended--
                    (A) by striking ``(a) Local Comparability.--''; and
                    (B) by striking subsection (b).
            (27) Section 2827 is amended--
                    (A) by striking ``(a) Subject to subsection (b), 
                the Secretary'' and inserting ``The Secretary''; and
                    (B) by striking subsection (b).
            (28) 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).
            (29) Section 2837(c) is amended--
                    (A) by striking ``(1)'' after ``Opportunities.--''; 
                and
                    (B) by striking paragraph (2).
            (30) Section 2854a is amended by striking subsection (c).
            (31) Section 2861 is amended by striking subsection (d).
            (32)(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.
            (33)(A) Section 10504 is repealed.
            (B) The table of sections at the beginning of chapter 1011 
        is amended by striking the item relating to section 10504.
            (34) Section 12302(b) is amended by striking the last 
        sentence.
            (35)(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.

SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE 
              AUTHORIZATION ACTS.

    (a) Fiscal Year 2010.--The National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84) is amended as follows:
            (1) Section 219 (123 Stat. 2228) is amended by striking 
        subsection (c).
            (2) Section 1113(e)(1) (123 Stat. 2502) is amended by 
        striking ``, which information shall be'' and all that follows 
        through ``semiannual basis''.
            (3) Section 1245 (123 Stat. 2542) is repealed.
    (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.--The National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
            (1) Section 885 (10 U.S.C. 2304 note) is amended--
                    (A) in subsection (a), by striking the last 
                sentence of paragraph (2); and
                    (B) in subsection (b), by striking ``the date of 
                the enactment of this Act'' both places it appears and 
                inserting ``January 28, 2008''.
            (2) Section 2864 (10 U.S.C. 2911 note) is repealed.
    (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 2003.--Section 221 of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2431 note) is 
repealed.
    (i) 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).
    (j) 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.
    (k) 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.
            (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.
    (l) Fiscal Year 1999.--Section 1101 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is 
amended by striking subsection (g).
    (m) Fiscal Year 1998.--The National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
            (1) Section 234 (50 U.S.C. 2367) is repealed.
            (2) Section 349 (10 U.S.C. 2702 note) is amended by 
        striking subsection (e).
            (3) Section 743 (111 Stat. 1817) is amended by striking 
        subsection (f).
    (n) Fiscal Year 1997.--Section 218 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2455) is repealed.
    (o) 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.
    (p) 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).

        PART II--MODIFICATION OF EXISTING REPORTING REQUIREMENTS

SEC. 1066. 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)(A) Section 115b is amended--
                    (i) in subsection (a)--
                            (I) in the subsection caption, by striking 
                        ``Annual''and inserting ``Biennial''; and
                            (II) by striking ``on an annual basis'' and 
                        inserting ``in every even-numbered year''; and
                    (ii) in subsection (b)(1)(A), by striking ``during 
                the seven-year period following the year in which the 
                plan is submitted'' and inserting ``during the five-
                year period corresponding to the current future-years 
                defense plan under section 221 of this title''.
            (B)(i) The heading of such section is amended to read as 
        follows:
``Sec. 115b. Biennial strategic workforce plan''.
            (ii) The table of sections at the beginning of chapter 2 is 
        amended by striking the item relating to section 115b and 
        inserting the following new item:

``115b. Biennial strategic workforce plan.''.
            (3) Section 116 is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):
    ``(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.''.
            (4) Section 127b(f) is amended by striking ``December 1'' 
        and inserting ``February 1''.
            (5) Section 138c(e)(4) is amended--
                    (A) by striking ``Not later than 10 days'' and all 
                that follows through ``title 31,'' and inserting ``Not 
                later than March 31 in any year,''; and
                    (B) by striking ``that fiscal year'' and inserting 
                ``the fiscal year beginning in the year in which such 
                report is submitted''.
            (6)(A) Section 228 is amended--
                    (i) in subsection (a)--
                            (I) by striking ``Quarterly Report.--'' and 
                        inserting ``Biannual Report.--'';
                            (II) by striking ``a quarterly report'' and 
                        inserting ``a biannual report''; and
                            (III) by striking ``fiscal-year quarter'' 
                        and inserting ``two fiscal-year quarters''; and
                    (ii) in subsection (c)--
                            (I) by striking ``(1)'';
                            (II) by striking ``a quarter of a fiscal 
                        year after the first quarter of that fiscal 
                        year'' and inserting ``the second two fiscal-
                        year quarters of a fiscal year'';
                            (III) by striking ``the first quarter of 
                        that fiscal year'' and inserting ``the first 
                        two fiscal-year quarters of that fiscal year''; 
                        and
                            (IV) by striking paragraph (2).
            (B)(i) The heading of such section is amended to read as 
        follows:
``Sec. 228. Biannual reports on allocation of funds within operation 
              and maintenance budget subactivities''.
            (ii) The table of sections at the beginning of chapter 9 is 
        amended by striking the item relating to section 228 and 
        inserting the following new item:

``228. Biannual reports on allocation of funds within operation and 
                            maintenance budget subactivities.''.
            (7) 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.''.
            (8)(A) Section 488--
                    (i) in subsection (a), by striking ``Every other 
                year'' and inserting ``Every fourth year'';
                    (ii) in subsection (b), by striking ``an even-
                numbered fiscal year'' and inserting ``every other 
                even-numbered fiscal year beginning with fiscal year 
                2012''; and
                    (iii) by adding at the end the following new 
                subsection:
    ``(c) Biennial Notice on Changes to Strategic Plan.--If the 
Secretary modifies a strategic plan under subsection (a) during the 
two-year period beginning on the date of its submittal to Congress 
under subsection (b), the Secretary shall submit to Congress a written 
notice on the modifications at the end of such two-year period.''.
            (B)(i) The heading of such section is amended to read as 
        follows:
``Sec. 488. Management of electromagnetic spectrum: quadrennial 
              strategic plan''.
            (ii) The table of sections at the beginning of chapter 23 
        is amended by striking the item relating to section 488 and 
        inserting the following new item:

``488. Management of electromagnetic spectrum: quadrennial strategic 
                            plan.''.
            (9) Section 490(b)(1) is amended by inserting ``through 
        2014'' after ``every even-numbered year''.
            (10) Section 2401(h) is amended--
                    (A) by striking ``only if--'' and all that follows 
                through ``of the proposed'' and inserting ``only if the 
                Secretary has notified the congressional defense 
                committees of the proposed'';
                    (B) by striking paragraph (2);
                    (C) by redesignating subparagraphs (A), (B), and 
                (C) as paragraphs (1), (2), and (3), respectively, and 
                realigning those paragraphs so as to be indented two 
                ems from the left margin; and
                    (D) by striking ``; and'' at the end of paragraph 
                (3), as so redesignated, and inserting a period.
            (11) Section 2482(d)(1) is amended by inserting ``in the 
        United States'' after ``commissary store''.
            (12) Section 2608(e)(1) is amended--
                    (A) by striking ``each quarter'' and inserting 
                ``the second quarter and the fourth quarter''; and
                    (B) by striking ``the preceding quarter'' and 
                inserting ``the preceding two quarters''.
            (13) Section 2645(d) is amended by striking ``$1,000,000'' 
        and inserting ``$10,000,000''.
            (14) Section 2803(b) is amended by striking ``21-day 
        period'' and inserting ``seven-day period''.
            (15) Section 2811(d) is amended by striking ``$7,500,000'' 
        and inserting ``$10,000,000''.
            (16) Section 9514(c) is amended by striking ``$1,000,000'' 
        and inserting ``$10,000,000''.
            (17) Section 10541(a) is amended by striking ``February 
        15'' and inserting ``April 15''.
            (18) Section 10543(c)(3) is amended by striking ``15 days'' 
        and inserting ``90 days''.

SEC. 1067. 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. 1068. 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 ``240 days after 
                the date of the enactment of this Act'' and inserting 
                ``June 30, 2012''; 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.''.
    (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. 1069. 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) Uniformed and Overseas Citizens Absentee Voting Act.--Section 
105A(b) The Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-4a(b)) is amended--
            (1) in the subsection heading, by striking ``Annual 
        Report'' and inserting ``Biennial Report'';
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``March 31 of each year'' and 
                inserting ``September 30 of each odd-numbered year''; 
                and
                    (B) by striking ``the following information'' and 
                inserting ``the following information with respect to 
                the Federal election held during the preceding calendar 
                year''; and
            (3) in paragraph (3), by striking ``In the case of'' and 
        all that follows through ``a description'' and inserting ``A 
        description''.
    (c) 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 G--Other Study and Report Matters

SEC. 1071. MODIFICATION OF DATES OF COMPTROLLER GENERAL OF THE UNITED 
              STATES REVIEW OF EXECUTIVE AGREEMENT ON JOINT MEDICAL 
              FACILITY DEMONSTRATION PROJECT, NORTH CHICAGO AND GREAT 
              LAKES, ILLINOIS.

    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''.

SEC. 1072. REPORT ON PLAN TO IMPLEMENT ORGANIZATIONAL GOALS RECOMMENDED 
              IN THE NATIONAL SECURITY STRATEGY-2010.

    (a) Findings.--Congress makes the following findings:
            (1) An urgent need exists to transform the United States 
        national security system in order to employ all elements of 
        national power effectively and efficiently to meet the 
        challenges of the 21st century security environment.
            (2) The Quadrennial Defense Review Independent Panel 
        emphasized this need in its July 2010 report, writing that 
        ``the Panel notes with extreme concern that our current Federal 
        Government structures--both executive and legislative, and in 
        particular those related to security--were fashioned in the 
        1940s and, at best, they work imperfectly today. . . A new 
        approach is needed''.
            (3) The National Security Strategy-May 2010 calls for such 
        a transformation of the United States national security system 
        through its identification of organizational changes already 
        underway, its recommendation of additional organizational 
        changes to be undertaken, and its commitment to strengthening 
        national capacity through a whole-of-government approach.
            (4) The realization of these organizational goals can best 
        be assured by the preparation of a report by the President on 
        progress being made on organizational changes already underway 
        and on an implementation plan for the organizational changes 
        newly recommended in the National Security Strategy.
    (b) Plan To Implement Recommendations Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate committees of Congress a report setting forth a 
        plan to implement the organizational goals recommended in the 
        National Security Strategy-May 2010.
            (2) Elements.--The report required under this subsection 
        shall include the following:
                    (A) A progress report identifying each 
                organizational change identified by the National 
                Security Strategy as already underway, including for 
                each such change the following:
                            (i) The goal such organizational change 
                        seeks to achieve.
                            (ii) The actions required of the Executive 
                        Branch to achieve such goal.
                            (iii) The actions required of Congress to 
                        achieve such goal.
                            (iv) The preferred sequencing of the 
                        executive and legislative actions specified 
                        under clauses (ii) and (iii).
                            (v) The preferred timetable for such 
                        executive and legislative actions and for 
                        achievement of such goal.
                            (vi) The progress that has already been 
                        achieved toward such goal, and the obstacles 
                        that have been encountered.
                    (B) An implementation plan addressing each 
                organizational change newly recommended by the National 
                Security Strategy, including for each such change the 
                following:
                            (i) The goal such organizational change 
                        seeks to achieve.
                            (ii) The actions required of the Executive 
                        Branch to achieve such goal.
                            (iii) The actions required of Congress to 
                        achieve such goal.
                            (iv) The preferred sequencing of the 
                        executive and legislative actions specified 
                        under clauses (ii) and (iii).
                            (v) The preferred timetable for such 
                        executive and legislative actions and for 
                        achievement of such goal.
    (c) Annual Update.--Not later than December 1 in each year 
following the year in which the report required by subsection (b) is 
submitted, the President shall submit to the appropriate committees of 
Congress an update of the report setting forth a description of the 
following:
            (1) The progress made in achieving each organizational goal 
        covered by the report required by subsection (b).
            (2) The modifications necessary to the plan required by 
        subsection (b) in light of the experience of the Executive 
        Branch in implementing the plan.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, Committee on Foreign 
        Relations, Committee on Homeland Security and Government 
        Affairs, Committee on the Budget, Committee on the Judiciary, 
        Committee on Appropriations, and Select Committee on 
        Intelligence of the Senate; and
            (2) the Committee on Armed Services, Committee on Foreign 
        Affairs, Committee on Homeland Security, Committee on the 
        Budget, Committee on the Judiciary, Committee on Oversight and 
        Government Reform, Committee on Appropriations, and Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

SEC. 1073. BIENNIAL ASSESSMENT OF AND REPORT ON DELIVERY PLATFORMS FOR 
              NUCLEAR WEAPONS AND THE NUCLEAR COMMAND AND CONTROL 
              SYSTEM.

    (a) In General.--The Secretary of Defense shall, in each odd-
numbered year beginning with calendar year 2013, conduct an assessment 
of the safety, security, reliability, sustainability, performance, and 
military effectiveness of each type of platform for the delivery of 
nuclear weapons and of the nuclear command and control system of the 
United States.
    (b) Report Required.--Not later than March 1 of each odd-numbered 
year beginning with calendar year 2013, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
assessment conducted under subsection (a) that includes the following:
            (1) The results of the assessment.
            (2) An identification and assessment of any gaps or 
        shortfalls in the capabilities of the platforms or the system 
        described in subsection (a).
            (3) An identification and assessment of any risks with 
        respect to whether any of those platforms or that system will 
        meet the mission or capability requirements of those platforms 
        or that system, as the case may be.
            (4) Recommendations of the Secretary of Defense with 
        respect to measures to mitigate any gaps or shortfalls 
        identified under paragraph (2) and any risks identified under 
        paragraph (3).
    (c) Consultations.--The Secretary of Defense shall consult with the 
Commander of the United States Strategic Command in conducting 
assessments under subsection (a) and preparing reports under subsection 
(b).

SEC. 1074. ANNUAL REPORT ON THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED 
              STATES.

    (a) Findings.--Congress makes the following findings:
            (1) In response to a question for the record from a March 
        29, 2011, hearing of the Committee on Armed Services of the 
        Senate, General C. Robert Kehler stated, ``The stockpile under 
        New START is appropriately sized to meet our deterrence 
        requirements and manage risk associated with our aging systems 
        and infrastructure. A recapitalized nuclear infrastructure 
        could also support potential reductions in the future non-
        deployed stockpile.''.
            (2) In response to an additional question for the record 
        from that hearing, General Kehler stated, ``Completion of 
        critical stockpile sustainment activities and restoration of 
        [the National Nuclear Security Administration's] production 
        infrastructure could enable future reductions in the quantity 
        of non-deployed warheads currently held to mitigate weapon and 
        infrastructure risk.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) sustained investments in the nuclear weapons stockpile 
        and the nuclear security complex are needed to ensure a 
        reliable nuclear deterrent; and
            (2) such investments could enable additional future 
        reductions in the hedge stockpile.
    (c) 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:
            (1) An accounting of the weapons in the stockpile as of the 
        end of the fiscal year preceding the submission of the report 
        that includes deployed and non-deployed weapons, including each 
        category of non-deployed weapon.
            (2) 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.

SEC. 1075. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES.

    (a) Sense of Congress.--It is the sense of Congress that 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.
    (b) Reports on Modification of Strategy.--
            (1) In general.--Chapter 23 title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 491. Nuclear employment strategy of the United States: reports 
              on modification of strategy
    ``Not later than 30 days after 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.''.
            (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. 1076. STUDY ON THE RECRUITMENT, RETENTION, AND DEVELOPMENT OF 
              CYBERSPACE EXPERTS.

    (a) Study.--The Secretary of Defense shall conduct an independent 
study examining the availability of military and civilian personnel for 
Department of Defense defensive and offensive cyberspace operations, 
identifying any gaps in meeting personnel needs, and recommending 
available mechanisms to fill such gaps, including permanent and 
temporary positions.
    (b) Report.--
            (1) In general.--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 
        containing the results of the study conducted under subsection 
        (a).
            (2) Matters to be covered.--The report required under 
        paragraph (1) shall include the following elements:
                    (A) A statement of capabilities and number of 
                cyberspace operations personnel required to meet the 
                defensive and offensive cyberspace operation 
                requirements of the Department of Defense.
                    (B) An assessment of the sufficiency of the numbers 
                and types of personnel available for cyberspace 
                operations, including an assessment of the balance of 
                military personnel, Department of Defense civilian 
                employees, and contractor positions, and the 
                availability of personnel with expertise in matters 
                related to cyberspace operations from outside of the 
                Department of Defense.
                    (C) A description of the obstacles to adequate 
                recruitment and retention of such personnel.
                    (D) An exploration of the various recruiting, 
                training, and affiliation mechanisms, such as the 
                reserve components, including the individual ready 
                reserves, the civilian expeditionary workforce, 
                corporate and university partnerships, the Reserve 
                Officers' Training Corps, and civilian auxiliaries to 
                address challenges to recruitment, retention, and 
                training.
                    (E) A description of incentives that enable and 
                encourage individuals with cyber skills from outside 
                the Department of Defense to affiliate with the Armed 
                Forces and civilian employees of the Department of 
                Defense through other types of service agreements, as 
                well as obstacles that discourage cyberspace experts 
                and the Department of Defense from implementing new 
                organizational constructs.
                    (F) Identification of legal, policy, or 
                administrative impediments to attracting and retaining 
                cyberspace operations personnel.
                    (G) Recommendations for legislative or policy 
                changes necessary to increase the availability of 
                cyberspace operations personnel.
            (3) Submission of comments.--The Secretary of Defense shall 
        include with the report submitted under paragraph (1) comments 
        on the findings and recommendations contained in the report, 
        including comments from the Secretaries of each of the military 
        departments.
    (c) Cyberspace Operations Personnel Defined.--In this section, the 
term ``cyberspace operations personnel'' refers to members of the Armed 
Forces and civilian employees of the Department of Defense involved 
with the operations and maintenance of a computer network connected to 
the global information grid, as well as offensive, defensive, and 
exploitation functions of such a network.

SEC. 1077. 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 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.
                    (F) The utility that higher resolution imagery 
                would bring to the United States Armed Forces, the 
                production of military geo-spatial information, 
                intelligence analysis, cooperation with allies, 
                scientific research efforts, and domestic disaster 
                monitoring and relief.
    (b) Intelligence Assessment.--
            (1) Assessment required.--Not later than 15 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. 1078. 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
            (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. 1079. STUDY ON UNITED STATES FORCE POSTURE IN EAST ASIA AND THE 
              PACIFIC REGION.

    (a) Independent Assessment.--
            (1) In general.--The Secretary of Defense shall commission 
        an independent assessment of America's security interests in 
        East Asia and the Pacific region. 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 East Asia and 
                Pacific region.
                    (B) A review of current United States military 
                force posture and deployment plans, with an emphasis on 
                the current plans for United States force realignments 
                in Okinawa and Guam.
                    (C) Options for the realignment of United States 
                forces in the region to respond to new opportunities 
                presented by allies and partners.
                    (D) The views of noted policy leaders and regional 
                experts, including military commanders in the region.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the designated private entity shall provide an 
unclassified report, with a classified annex, containing its findings 
to the Secretary of Defense. Not later than 90 days after the date of 
receipt of the report, the Secretary of Defense shall transmit the 
report to the congressional defense committees, together with such 
comments on the report as the Secretary considers appropriate.
    (c) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 301 for operation and maintenance for 
Defense-wide activities, up to $1,000,000, shall be made available for 
the completion of the study required under this section.

                       Subtitle H--Other Matters

SEC. 1081. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILITARY 
              INFORMATION SUPPORT OPERATIONS IN TITLE 10, UNITED STATES 
              CODE, TO CONFORM TO DEPARTMENT OF DEFENSE USAGE.

    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. 1082. 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. 1083. 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. 1084. 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.

SEC. 1085. SENSE OF SENATE ON APPLICATION OF MORATORIUM ON EARMARKS TO 
              THIS ACT.

    It is the sense of the Senate 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. 1086. 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''.

SEC. 1087. 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).

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. 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. 1102. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL EMPLOYEE HEALTH 
              BENEFITS FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF 
              DEFENSE.

    (a) Extension for Department of Defense.--Subparagraph (B) of 
section 8905a(d)(4) of title 5, United States Code, is amended--
            (1) in clause (i), by striking ``December 31, 2011'' and 
        inserting ``October 1, 2015''; and
            (2) in clause (ii)--
                    (A) by striking ``February 1, 2012'' and inserting 
                ``February 1, 2016''; and
                    (B) by striking ``December 31, 2011'' and inserting 
                ``the date specified in clause (i)''.
    (b) Technical Amendment To Delete Obsolete Authority Applicable to 
Department of Energy.--Subparagraph (A) of such section is amended by 
striking ``, or the Department of Energy due to a reduction in force 
resulting from the establishment of the National Nuclear Security 
Administration''.

SEC. 1103. 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. 1104. PERMANENT EXTENSION AND EXPANSION OF EXPERIMENTAL PERSONNEL 
              PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.

    (a) Permanent Extension.--Section 1101 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
note) is amended--
            (1) in subsection (a), by striking ``During the program 
        period'' and all that follows through ``use of the'' and 
        inserting ``The Secretary of Defense may carry out a program to 
        use the''; and
            (2) by striking subsections (e), (f), and (g).
    (b) Expansion of Availability of Personnel Management Authority.--
Subsection (b)(1) of such section is amended--
            (1) in subparagraph (A), by striking ``40'' and inserting 
        ``50'';
            (2) in subparagraph (C), by striking ``and'' at the end;
            (3) in subparagraph (D), by adding ``and'' at the end; and
            (4) by adding at the end the following new subparagraph:
            ``(E) not more than a total of 10 scientific and 
        engineering positions in the Office of the Director of 
        Operational Test and Evaluation;''.

SEC. 1105. MODIFICATION OF BENEFICIARY DESIGNATION AUTHORITIES FOR 
              DEATH GRATUITY PAYABLE UPON DEATH OF A UNITED STATES 
              GOVERNMENT EMPLOYEE IN SERVICE WITH THE ARMED FORCES.

    (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.--Such section is further amended by adding 
at the end the following new paragraph:
            ``(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.''.

SEC. 1106. 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''.

SEC. 1107. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION 
              ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR 
              FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.

    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''.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

SEC. 1201. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING ASSISTANCE 
              AUTHORITY TO INCLUDE STOCKPILED CONVENTIONAL MUNITIONS.

    (a) Expansion.--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
                            (ii) by inserting ``, or stockpiled 
                        conventional munitions, as applicable,'' after 
                        ``explosive remnants of war''; and
            (4) in subsection (d), by inserting ``or stockpiled 
        conventional munitions assistance'' after ``humanitarian 
        demining assistance'' each place it appears.
    (b) Definitions.--Subsection (e) of such section is amended to read 
as follows:
    ``(e) Definitions.--In this section:
            ``(1) Humanitarian demining assistance.--The term 
        `humanitarian demining assistance', as it relates to training 
        and support, means detection and clearance of landmines and 
        other explosive remnants of war.
            ``(2) Stockpiled conventional munitions assistance.--The 
        term `stockpiled conventional munitions assistance', as it 
        relates to 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.
            ``(3) Included activities.--The terms in paragraphs (1) and 
        (2) include 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.''.
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 407. Humanitarian demining assistance and stockpiled 
              conventional munitions assistance: authority; 
              limitations''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 20 of such title is amended by striking 
        the item relating to section 407 and inserting the following 
        new item:

``407. Humanitarian demining assistance and stockpiled conventional 
                            munitions assistance: authority; 
                            limitations.''.

SEC. 1202. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITIES 
              APPLICABLE TO COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) One-year Extension of Authority.--
            (1) In general.--Subsection (a) of 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 of the Ike Skelton National Defense Authorization 
        Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4389), 
        is further amended--
                    (A) in the subsection heading, by striking ``Fiscal 
                Year 2011'' and inserting ``Fiscal Year 2012'';
                    (B) by striking ``fiscal year 2011, from'' and 
                inserting ``fiscal year 2012''; and
                    (C) by striking ``operation and maintenance'' and 
                all that follows and inserting ``operation and 
                maintenance, not to exceed $400,000,000 may be used by 
                the Secretary of Defense to provide funds for the 
                Commanders' Emergency Response Program in 
                Afghanistan.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2011.
    (b) Extension of Due Date for Quarterly Reports to Congress.--
Subsection (b)(1) of such section, as most recently amended by section 
1222 of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84; 123 Stat. 2518), is further amended by striking 
``30 days'' and inserting ``45 days''.
    (c) Authority To Accept Contributions.--Such section, as so amended 
by section 1212 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011, is further amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i) Authority To Accept Contributions.--The Secretary of Defense 
may accept cash contributions from any person, foreign government, or 
international organization for the purposes specified in subsection 
(a). Funds received by the Secretary may be credited to the operation 
and maintenance account from which funds are made available to carry 
out the authority in subsection (a), and may be used for such purposes 
until expended in addition to the funds specified in that 
subsection.''.

SEC. 1203. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE 
              ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND 
              MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND 
              SURVIVABILITY.

    Section 1202(e) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2413), as most 
recently 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. 1204. CONDITIONAL EXTENSION AND MODIFICATION OF AUTHORITY TO BUILD 
              THE CAPACITY OF COUNTER TERRORISM FORCES OF YEMEN.

    (a) Extension.--Subsection (a) of section 1205 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (Public Law 
111-383; 124 Stat. 4387) is amended by striking ``fiscal year 2011'' 
and inserting ``fiscal years 2011 and 2012''.
    (b) Assistance Through Minor Military Construction.--Subsection (b) 
of such section is amended--
            (1) in paragraph (1), by inserting ``and minor military 
        construction'' before the period at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) Limitations on minor military construction.--Minor 
        military construction may be provided under subsection (a) only 
        after September 30, 2011. The total amount that may be 
        obligated and expended on such construction in any fiscal year 
        may not exceed $10,000,000. Minor military construction may not 
        be provided under subsection (a) in the city of Sana'a or in 
        the Sana'a Governate, Yemen.''.
    (c) Funding.--Subsection (c) of that section is amended by striking 
``by section 301'' and all that follows through ``for fiscal year 
2011'' and inserting ``for the fiscal year concerned for operation and 
maintenance (other than operation and maintenance for overseas 
contingency operations)''.
    (d) Condition on Use of Authorities.--
            (1) Notice and wait.--An authority specified in paragraph 
        (2) may not be used until 60 days after the date on which the 
        Secretary of Defense and the Secretary of State jointly 
        certify, in writing, to the appropriate committees of Congress 
        that the use of such authority is important to the national 
        security interests of the United States. The certification on 
        an authority shall include the following:
                    (A) The reasons why the use of such authority is 
                important to the national security interests of the 
                United States.
                    (B) A justification for the provision of assistance 
                pursuant to such authority.
                    (C) An acknowledgment by the Secretary of Defense 
                and the Secretary of State that they have received 
                assurance from the Government of Yemen that any 
                assistance provided pursuant to such authority will be 
                utilized in manner consistent with subsection (b)(2) of 
                the applicable section.
            (2)  Covered authorities.--The authorities referred to in 
        this paragraph are the following:
                    (A) The authority in section 1205 of the Ike 
                Skelton National Defense Authorization Act for Fiscal 
                Year 2011, as amended by this section.
                    (B) The authority in section 1206 of the National 
                Defense Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 119 Stat. 2456), as amended.
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means the committees of Congress specified in section 
        1205(d)(2) of the Ike Skelton National Defense Authorization 
        Act for Fiscal Year 2011.

SEC. 1205. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO 
              COMBAT TERRORISM.

    (a) Extension.--Subsection (h) of section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375), 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 ``2017''.
    (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''.

SEC. 1206. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTHORITIES RELATING 
              TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY 
              FORCES.

    Of the funds available for fiscal year 2012 for building the 
capacity of foreign military forces under 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 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111-383; 124 Stat. 4389), not more than $100,000,000 may be 
obligated and expended until the Secretary of Defense and the Secretary 
of State submit the report required by section 1237 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4642).

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''.
    (b) Authority.--Amounts in the Fund shall be available to either 
the Secretary of State or the Secretary of Defense, notwithstanding any 
other provision of law, 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) Assistance under this section may be provided to 
        enhance the capabilities of a foreign country's national 
        military forces, and other national security forces that 
        conduct border and maritime security, internal security, 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
                    (B) participate in or support military, stability, 
                or peace support operations consistent with United 
                States foreign policy and national security interests.
            (2) Assistance may be provided for the justice sector 
        (including law enforcement and prisons), rule of law programs, 
        and stabilization efforts in those 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 that country.
    (d) Limitations.--
            (1) Assistance otherwise prohibited by law.--The Secretary 
        of Defense and the Secretary of State may not use the authority 
        provided under subsection (b) to provide any type of assistance 
        that is otherwise prohibited by any provision of law.
            (2) Limitation on eligible countries.--The Secretary of 
        Defense and the Secretary of State may not use the authority 
        provided under subsection (b) to provide assistance to any 
        foreign country that is otherwise prohibited from receiving 
        such type of assistance under any other provision of law.
    (e) 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, prior to 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, prior to implementation.
    (f) 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 made 
available to carry out this section.
    (g) Transfer Authority.--
            (1) Foreign assistance and other funds.--Funds available to 
        the Department of State for foreign assistance may be 
        transferred to the Fund by the Secretary of State. Funds 
        available to the Department of Defense may be transferred to 
        the Fund by the Secretary of Defense in accordance with 
        established procedures for reprogramming under section 1001 of 
        this Act and successor provisions of law. Amounts transferred 
        under this paragraph shall be merged with funds made available 
        under this section and remain available until expended as 
        provided in subsection (i) for the purposes specified in 
        subsection (b).
            (2) Limitation.--The total amount of funds appropriated and 
        transferred to the Fund in any fiscal year shall not exceed 
        $300,000,000. This limitation does not apply to amounts 
        contributed to the Fund under subsection (h).
            (3) Transfers to other accounts.--Funds made available to 
        carry out assistance activities approved pursuant to subsection 
        (c) may be transferred to accounts under the following 
        authorities:
                    (A) Section 1206 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 119 Stat. 3456; relating to program to build the 
                capacity of foreign military forces).
                    (B) Section 23 of the Arms Export Control Act (22 
                U.S.C. 2763; relating to foreign military financing 
                program).
                    (C) Section 481 of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2291; relating to international 
                narcotics control and law enforcement).
                    (D) Chapter 5 of part II of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2347 et seq.; relating to 
                international military education and training program).
                    (E) Chapter 8 of part II of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2349aa et seq.; relating to 
                antiterrorism assistance).
                    (F) Complex Crises Fund of the Foreign Assistance 
                Act of 1961 (title III of the Department of State, 
                Foreign Operations, and Related Programs Appropriations 
                Act, 2010 (division F of Public Law 111-117; 123 Stat. 
                3327)).
            (4) Additional authorities.--The transfer authorities in 
        paragraphs (1) and (3) are in addition to any other transfer 
        authority available to the Department of State or the 
        Department of Defense.
            (5) Effect on authorization amounts.--A transfer of an 
        amount to an account under the authority provided in paragraph 
        (3) shall be deemed to increase the amount authorized for such 
        account by an amount equal to the amount transferred.
    (h) Authority To Accept Gifts.--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.
    (j) Congressional Notification.--
            (1) Security programs.--Not less than 15 days before 
        initiating activities under a program of assistance under 
        subsection (b)(1), the Secretary of Defense, with the 
        concurrence of the Secretary of State, shall notify the 
        specified congressional committees of the program to be 
        initiated.
            (2) Justice sector and stabilization programs.--Not less 
        than 15 days before initiating activities under a program of 
        assistance under subsection (b)(2), the Secretary of State, 
        with the concurrence of the Secretary of Defense, shall notify 
        the specified congressional committees of the program to be 
        initiated.
            (3) Exercise of transfer authority.--Not less than 15 days 
        before a transfer under the authority of subsection (g), the 
        Secretary of State and the Secretary of Defense shall jointly 
        notify the specified congressional committees of the transfer 
        of funds into the Fund.
    (k) Reporting Requirement.--The Secretary of State and the 
Secretary of Defense jointly shall provide a report quarterly to the 
specified congressional committees on obligations of funds or transfers 
into the Fund made during the preceding quarter.
    (l) 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.
    (m) Expiration.--The authority provided under this section may not 
be exercised after September 30, 2014, except with respect to amounts 
appropriated or transferred to the Fund prior to such date, which can 
continue to be obligated and expended as provided in subsection (i).
    (n) Administrative Expenses.--Amounts in the Fund may be used for 
necessary administrative expenses.

SEC. 1208. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN COUNTERTERRORISM 
              FORCES OF EAST AFRICAN COUNTRIES.

    (a) Authority.--The Secretary of Defense may, with the concurrence 
of the Secretary of State, provide assistance during fiscal years 2012 
and 2013 as follows:
            (1) 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.
            (2) To enhance the capacity of national military forces 
        participating in the African Union Mission in Somalia to 
        conduct counterterrorism operations described in paragraph (1).
    (b) Types of Assistance.--
            (1) Authorized elements.--Assistance under subsection (a) 
        may include the provision of equipment, supplies, training, and 
        minor military construction.
            (2) Required elements.--Assistance under subsection (a) 
        shall be provided in a manner that promotes--
                    (A) observance of and respect for human rights and 
                fundamental freedoms; and
                    (B) respect for legitimate civilian authority in 
                the country receiving such assistance.
            (3) Assistance otherwise prohibited by law.--The Secretary 
        of Defense may not use the authority in subsection (a) to 
        provide any type of assistance described in this subsection 
        that is otherwise prohibited by any provision of law.
    (c) Funding.--
            (1) In general.--Of the amount authorized to be 
        appropriated for each of fiscal years 2012 and 2103 for the 
        Department of Defense for operation and maintenance (other than 
        operation and maintenance for overseas contingency operations), 
        $75,000,000 may be utilized to provide assistance under 
        subsection (a).
            (2) Availability of funds for assistance across fiscal 
        years.--Amounts available under this subsection for the 
        authority in subsection (a) for a fiscal year may be used for 
        assistance under that authority that begins in such fiscal year 
        but ends in the next fiscal year.
    (d) Notice to Congress.--
            (1) In general.--Not later than 30 days before providing 
        assistance under subsection (a), the Secretary of Defense shall 
        submit to the committees of Congress specified in paragraph (2) 
        a notice setting forth the assistance to be provided, including 
        the types of such assistance, the budget for such assistance, 
        and the completion date for the provision of such assistance.
            (2) Committees of congress.--The committees of Congress 
        specified in this paragraph are--
                    (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.

SEC. 1209. SUPPORT OF 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 and intelligence support for 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.--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).
    (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.
            (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 later than 5 
days after 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) Quarterly Reports to Congress.--The Secretary of State and the 
Secretary of Defense shall jointly submit to the appropriate committees 
of Congress on a quarterly basis a report on the obligation of funds 
under this section during the preceding quarter.
    (h) 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.
    (i) Expiration.--The authority provided under this section may not 
be exercised after September 30, 2013.

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

SEC. 1221. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT FOR 
              COALITION FORCES SUPPORTING OPERATIONS IN IRAQ AND 
              AFGHANISTAN.

    (a) Extension.--Section 1234 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 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''.
    (c) Additional Limitation on Availability of Funds.--Of the funds 
available for logistical support under such section during fiscal year 
2012, not more than $200,000,000 may be obligated and expended until 
the Secretary of Defense submits the report required by section 1234 of 
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
(124 Stat. 4397).

SEC. 1222. ONE-YEAR EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES 
              AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY 
              FORCES OF IRAQ AND AFGHANISTAN.

    (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. 1223. ONE-YEAR EXTENSION OF AUTHORITIES APPLICABLE TO THE PAKISTAN 
              COUNTERINSURGENCY FUND.

    (a) One-year Extension.--Subsection (h) of section 1224 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2521), as amended by section 1220(a) 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) Clarification of Source of Funds for Fund.--Subsection 
(a)(1)(A) of such section is amended by striking ``for fiscal year 
2009''.

SEC. 1224. 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 ``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. 1225. MODIFICATION OF AUTHORITY ON 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), by inserting ``or 2012'' after 
        ``fiscal year 2011''; and
            (2) in paragraph (2), 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. 1226. 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; 12 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 
        ``$1,750,000,000''.
    (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''.

SEC. 1227. TWO-YEAR EXTENSION OF CERTAIN REPORTS ON AFGHANISTAN.

    (a) Report on Progress Toward Security and Stability in 
Afghanistan.--Section 1230(a) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most 
recently amended by section 1231 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 
4395), is further amended by striking ``2012'' and inserting ``2014''.
    (b) Report on United States Plan for Sustaining Afghanistan 
National Security Forces.--Section 1231(a) of the National Defense 
Authorization Act for Fiscal Year 2008 (122 Stat. 390), 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. 1228. 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 minor 
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 for administrative services 
sufficient to recover the pro rata costs of operations and activities 
of the Office of Security Cooperation in Iraq and associated security 
assistance teams in Iraq in connection with such sale.

SEC. 1229. BENCHMARKS TO EVALUATE THE PROGRESS BEING MADE TOWARD THE 
              TRANSITION OF SECURITY RESPONSIBILITIES FOR AFGHANISTAN 
              TO THE GOVERNMENT OF AFGHANISTAN.

    (a) Findings.--Congress makes the following findings:
            (1) October 7, 2011, will mark the 10-year anniversary of 
        the start of Operation Enduring Freedom in Afghanistan.
            (2) Military operations in Afghanistan have cost United 
        States taxpayers more than $300,000,000,000 to date.
            (3) As of June 6, 2011, 1,599 members of the United States 
        Armed Forces have lost their lives in support of Operation 
        Enduring Freedom in Afghanistan and more than 11,000 have been 
        wounded.
            (4) On December 1, 2009, at a speech at the United States 
        Military Academy at West Point, New York, President Barack 
        Obama stated that the United States would begin the transfer of 
        United States Armed Forces out of Afghanistan in July 2011 with 
        the pace of reductions to be based upon conditions on the 
        ground.
            (5) In the December 2010 Afghanistan-Pakistan Annual 
        Review, President Obama reaffirmed that the core goal of the 
        United States strategy in Afghanistan is to disrupt, dismantle, 
        and defeat al Qaeda.
            (6) In January 2010, participants at the London Conference 
        pledged to develop a plan for phased transition to Afghan 
        security lead. The North Atlantic Treaty Organization (NATO) 
        and foreign ministers of the constituent elements of the 
        International Security Assistance Force (ISAF) endorsed the 
        Joint Framework for Transition in April 2010, and President 
        Obama and President Karzai of Afghanistan committed to the 
        process in a May 2010 joint statement.
            (7) At the Kabul Conference in July 2010, the international 
        community expressed its support for the objective of President 
        Karzai that the Afghanistan National Security Forces (ANSF) 
        should lead and conduct all military operations in all 
        provinces in Afghanistan by the end of 2014, support that was 
        later re-affirmed by North Atlantic Treaty Organization and 
        International Security Assistance Force member nations at the 
        Lisbon Summit in November 2010.
            (8) On May 1, 2011, in support of the goal to disrupt, 
        dismantle, and defeat al Qaeda, President Obama authorized a 
        United States operation that killed Osama bin Laden, leader of 
        al Qaeda. While the impact of his death on al Qaeda remains to 
        be seen, Secretary of Defense Robert Gates called the death of 
        bin Laden a ``game changer'' in a speech on May 6, 2011.
    (b) Benchmarks Required.--The President shall establish, and may 
update from time to time, a comprehensive set of benchmarks to evaluate 
progress being made toward the objective of transitioning and 
transferring lead security responsibilities in Afghanistan to the 
Government of Afghanistan by December 31, 2014.
    (c) Submittal to Congress.--The President shall include the most 
current set of benchmarks established pursuant to subsection (a) 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. 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. 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:
            (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.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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. 
2632 note).
    (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 other assessments/administrative support, 
        $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.

SEC. 1303. 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.

    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 4401.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2012 
for the National Defense Sealift Fund, as specified in the funding 
table in section 4401.

SEC. 1403. 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 4401.

SEC. 1404. 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 4401.
    (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. 1405. 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 4401.

SEC. 1406. 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 4401.

                 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--Armed Forces Retirement Home

                PART I--AUTHORIZATION OF APPROPRIATIONS

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS.

    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.

           PART II--ARMED FORCES RETIREMENT HOME AUTHORITIES

SEC. 1422. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF 1991.

    Except as otherwise expressly provided, whenever in this part an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Armed 
Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24 
U.S.C. 401 et seq.).

SEC. 1423. ANNUAL VALIDATION OF MULTIYEAR ACCREDITATION.

    (a) In General.--Section 1511(g) (24 U.S.C. 411(g)) is amended--
            (1) by inserting ``(1)'' before ``The Chief Operating 
        Officer shall''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) If the Chief Operating Officer secures accreditation for a 
facility of the Retirement Home (or for any aspect of a facility of the 
Retirement Home) that is effective for a period of more than one year, 
for each year after the first year for which such accreditation is in 
effect, the Chief Operating Officer shall seek to obtain, from the 
organization that awarded the accreditation, a validation of the 
accreditation. The requirement in the preceding sentence shall not 
apply with respect to a facility of the Retirement Home for any year 
for which the Inspector General of the Department of Defense conducts 
an inspection of that facility under section 1518(b).
    ``(B) In carrying out subparagraph (A) with respect to validation 
of an accreditation, the Chief Operating Officer may substitute another 
nationally recognized civilian accrediting organization if the 
organization that awarded the accreditation is not available.''.
    (b) Conforming Amendment.--The heading of such section is amended 
by inserting ``and Annual Validation'' after ``Accreditation''.

SEC. 1424. CLARIFICATION OF DUTIES OF SENIOR MEDICAL ADVISOR.

    Section 1513A(c) (24 U.S.C. 413a(c)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``and inspect'' after 
                ``Periodically visit''; and
                    (B) by inserting before the period the following: 
                ``and review medical reports, inspections, and records 
                audits to make sure appropriate follow-up has been 
                made''; and
            (2) by striking paragraphs (4) and (5).

SEC. 1425. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES FOR EACH FACILITY 
              WITH SINGLE ADVISORY COUNCIL.

    (a) Establishment of AFRH Advisory Council.--Section 1516 (24 
U.S.C. 416) is amended to read as follows:

``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) Composition; Terms of Service.--(1) The Advisory Council 
shall consist of at least 11 members, each of whom shall be a full or 
part-time Federal employee and at least one of whom shall be from the 
Department of Veterans Affairs. Members of the Advisory Council shall 
be designated by the Secretary of Defense, except that a member who is 
an employee of a department or agency outside of the Department of 
Defense shall be designated by the head of such department or agency in 
consultation with the Secretary of Defense.
    ``(2)(A) Except as provided in subparagraphs (B) and (C), the term 
of service of a member of the Advisory Council shall be two years. A 
member may be designated to serve one additional term.
    ``(B) 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.
    ``(C) The Secretary of Defense may terminate the appointment of a 
member of the Advisory Council before the expiration of the member's 
term for any reason that the Secretary determines appropriate.
    ``(3) The Secretary of Defense shall designate one member of the 
Advisory Council to serve as the chair of the Advisory Council.
    ``(c) Duties.--(1) The Advisory Council shall provide to the Chief 
Operating Officer and the Administrator of each facility such 
observations, advice, and recommendations regarding the Retirement Home 
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 duties, the Advisory Council shall 
provide for participation in its activities by a representative of the 
resident advisory committee of each facility of the Retirement Home.''.
    (b) Conforming Amendments.--
            (1) Definition.--Paragraph (2) of section 1502 (24 U.S.C. 
        401) is amended to read as follows:
            ``(2) The term `Advisory Council' means the Armed Forces 
        Retirement Home Advisory Council established by section 
        1516.''.
            (2) Responsibilities and duties of senior medical 
        advisor.--Section 1513A(b) (24 U.S.C. 413a(b)) is amended--
                    (A) in paragraph (1), by striking ``and the Chief 
                Operating Officer'' and inserting ``, the Chief 
                Operating Officer, and the Advisory Council''; and
                    (B) in paragraph (2), by striking ``to the Local 
                Board'' and all that follows and inserting ``to the 
                Advisory Council regarding all medical and medical 
                administrative matters of each facility of the 
                Retirement Home.''.
            (3) Responsibilities of chief operating officer.--Section 
        1515(c)(2) (24 U.S.C. 415(c)(2)) is amended by striking ``, 
        including the Local Boards of those facilities''.
            (4) Inspection of retirement home.--Section 1518 (24 U.S.C. 
        418) is amended by striking ``Local Board for the facility'' 
        each place it appears and inserting ``Advisory Council''.

SEC. 1426. ADMINISTRATORS AND OMBUDSMEN OF FACILITIES.

    (a) Leadership of Facilities of the Retirement Home.--Section 1517 
(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), 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, by striking 
        ``Associate Director'' each place it appears and inserting 
        ``Ombudsman'';
            (5) in subsection (e), as so redesignated--
                    (A) by striking ``Associate Director'' and 
                inserting ``Ombudsman'';
                    (B) by striking ``Director and Deputy Director'' 
                and inserting ``Administrator''; and
                    (C) by striking ``Director may'' and inserting 
                ``Administrator may'';
            (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) in paragraph (1), by striking ``Directors'' and 
                inserting ``Administrators''; and
                    (B) in paragraph (2), by striking ``a Director'' 
                and inserting ``an Administrator''.
    (b) Clerical Amendments.--Such section is further amended--
            (1) in the headings of subsections (b) and (c), by striking 
        ``Director'' and inserting ``Administrator'';
            (2) in the headings of subsection (d) and (e), as 
        redesignated by subsection (a)(3), by striking ``Associate 
        Director'' and inserting ``Ombudsman''; and
            (3) in the heading of subsection (g), as so redesignated, 
        by striking ``Directors'' and inserting ``Administrators''.
    (c) Conforming Amendments.--
            (1) The following provisions are amended by striking 
        ``Director'' each place it appears and inserting 
        ``Administrator'': sections 1511(d)(2), 1512(c), 1514(a), 
        1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) (24 
        U.S.C. 411(d)(2), 412(c), 414(a), 418(c), 418(d)(2), 420, 422, 
        423(b)).
            (2) Sections 1514(b) and 1520(c) (24 U.S.C. 414(b), 420(c)) 
        are amended by striking ``Directors'' and inserting 
        ``Administrators''.

SEC. 1427. INSPECTION REQUIREMENTS.

    Section 1518 (24 U.S.C. 418) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``In any year in which a 
                        facility of the Retirement Home is not 
                        inspected by a nationally recognized civilian 
                        accrediting organization,'' and inserting ``Not 
                        less often than every three years,'';
                            (ii) by striking ``of that facility'' and 
                        inserting ``of each facility of the Retirement 
                        Home'';
                            (iii) by inserting ``long-term care,'' 
                        after ``assisted living,''; and
                            (iv) by striking ``or council''; and
                    (B) in paragraph (3), by striking ``or council'';
            (2) in subsection (c)--
                    (A) by striking paragraph (2);
                    (B) by designating the second sentence as a new 
                paragraph (2) and indenting such paragraph, as so 
                designated, two ems from the left margin; and
                    (C) in such paragraph (2), as so designated--
                            (i) by striking ``45 days'' and inserting 
                        ``90 days''; and
                            (ii) by adding at the end the following new 
                        sentence: ``The report shall include the plan 
                        of the Chief Operating Officer to address the 
                        recommendations and other matters set forth in 
                        the report.''; and
            (3) in subsection (e)(1)--
                    (A) by striking ``45 days'' and inserting ``60 
                days'';
                    (B) by striking ``Director of the facility 
                concerned'' and inserting ``Chief Operating Officer''; 
                and
                    (C) by striking ``, the Chief Operating Officer,'' 
                after ``Secretary of Defense''.

SEC. 1428. REPEAL OF OBSOLETE PROVISIONS.

    Part B, 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, is repealed.

SEC. 1429. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

    (a) Correction of Obsolete References to Retirement Home Board.--
            (1) Armed forces retirement home act.--Section 1519(a)(2) 
        (24 U.S.C. 419(a)(2)) is amended by striking ``Retirement Home 
        Board'' and inserting ``Chief Operating Officer''.
            (2) Title 10, usc.--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''.
    (b) Section Headings.--
            (1) Section 1501.--The heading of section 1501 is amended 
        to read as follows:

``SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.''.

            (2) Section 1513.--The heading of section 1513 is amended 
        to read as follows:

``SEC. 1513. SERVICES PROVIDED TO RESIDENTS.''.

            (3) Section 1513a.--The heading of section 1513A is amended 
        to read as follows:

``SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.''.

            (4) Section 1517.--The heading of section 1517 is amended 
        to read as follows:

``SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.''.

            (5) Section 1518.--The heading of section 1518 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 
        are each amended by adding a period at the end.
    (c) Part A Header.--The heading for part A is repealed.
    (d) Table of Contents.--The table of contents in section 1501(b) 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 new items:

``Sec. 1516. Advisory Council.
``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 D--Other Matters

SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF 
              DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY 
              DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH 
              CARE CENTER, ILLINOIS.

    (a) Authority for Transfer of Funds.--Funds authorized to be 
appropriated by section 1403 and available for Defense Health Program 
for operation and maintenance as specified in the funding table in 
section 4401 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 for the Department of Defense 
specifically for such 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 pursuant to section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 455).

  TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY 
                               OPERATIONS

              Subtitle A--Authorization of 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 Department of Defense for military personnel in the amount of 
$11,228,566,000.

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 4402.

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 4402.

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 4402.

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 provided 
for, for the Office of the Inspector General of the Department of 
Defense, as specified in the funding table in section 4402.

                     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--Other Matters

SEC. 1531. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR TASK 
              FORCE FOR BUSINESS AND STABILITY OPERATIONS IN 
              AFGHANISTAN.

    (a) Enhancement of Authority.--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 (3), by striking ``may include projects'' 
        and all that follows and inserting ``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.'';
            (2) in paragraph (4), by striking ``The'' and inserting 
        ``During each of fiscal years 2011 and 2012, the'';
            (3) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively; and
            (4) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Availability of funds for activities across fiscal 
        years.--Amounts available to carry out the authority in 
        paragraph (1) shall be available for projects under that 
        authority that begin in a fiscal year and end in the following 
        fiscal year.''.
    (b) One-year Extension of Authority.--Paragraph (8) of such 
subsection, as redesignated by subsection (a)(3) of this section, is 
further amended to read as follows:
            ``(8) Expiration of authority.--A project may not be 
        commenced under the authority in paragraph (1) after September 
        30, 2012.''.
    (c) Annual Reports.--Paragraph (7) of such subsection, as so 
redesignated, is further amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``, 2011'' and inserting ``of each year following a fiscal year 
        in which the authority in paragraph (1) is exercised''; and
            (2) in subparagraph (A), by striking ``during fiscal year 
        2011'' and inserting ``during that fiscal year''.
    (d) Authority for Additional Representatives on Task Force.--Such 
section is further amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Additional Members.--The members of the Task Force for 
Business and Stability Operations in Afghanistan may include the 
following:
            ``(1) A representative of the Department of State, 
        designated by the Secretary of State.
            ``(2) A representative of the United States Agency for 
        International Development, designated by the Administrator of 
        the United States Agency for International Development.''.

SEC. 1532. MODIFICATION OF AVAILABILITY OF FUNDS IN AFGHANISTAN 
              SECURITY FORCES FUND.

    (a) 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.

SEC. 1533. 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. 1534. REPORT ON LESSONS LEARNED FROM DEPARTMENT OF DEFENSE 
              PARTICIPATION ON INTERAGENCY TEAMS FOR COUNTERTERRORISM 
              OPERATIONS IN AFGHANISTAN AND IRAQ.

    (a) Report Required.--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 on the lessons learned from 
Department of Defense participation on interagency teams for 
counterterrorism operations on Afghanistan and Iraq.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the value of interagency teams in 
        counterterrorism operations.
            (2) A description of the best practices of such interagency 
        teams.
            (3) A description of efforts to codify the best practices 
        of interagency teams described under paragraph (2) in military 
        doctrine.
            (4) 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.
            (5) 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.
            (6) A description of the additional authorities, if any, 
        needed to permit Department personnel to more effectively 
        support, participate on, or lead an interagency team.
                                                        Calendar No. 81

112th CONGRESS

  1st Session

                                S. 1254

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 22, 2011

                 Read twice and placed on the calendar
```