II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Authorization Act for Fiscal Year 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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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. 


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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 


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Sec. 341. Extension of authority for Army industrial facilities to enter into cooperative agreements with non-Army entities. 

Sec. 342. Working-capital fund accounting. 

Sec. 343. Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired 

cartridge cases. 

Sec. 344. Authority to accept contributions of funds to study options for mitigating adverse effects of proposed obstructions on military installations. 

Sec. 345. Utility disruptions to military installations. 

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. 


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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 


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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. 


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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. 


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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 righthand drive passenger sedan vehicles and adjustment of threshold for inflation. 

Sec. 885. Extension and expansion of small business programs of the Department of Defense. 

Sec. 886. Three-year extension of test program for negotiation of comprehensive small business subcontracting plans. 

Sec. 887. Five-year extension of Department of Defense Mentor-Protege Program. 


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Sec. 888. Report on alternatives for the procurement of fire-resistant and fireretardant 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. 


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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 counterdrug activities. 

Sec. 1014. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

Sec. 1015. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Limitation on availability of funds for placing Maritime 

Prepositioning Ship squadrons on reduced operating status. 

Sec. 1022. Modification of conditions on status of retired aircraft carrier exJohn F. Kennedy. 

Sec. 1023. Authority to provide information for maritime safety of forces and 

hydrographic support. 

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. 


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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. 


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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. 


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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. 


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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. 


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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 SEC. 4. SCORING OF BUDGETARY EFFECTS. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go-Act of 2010, 

8 shall be determined by reference to the latest statement 

9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

10 Act, submitted for printing in the Congressional Record 

11 by the Chairman of the Senate Budget Committee, pro12 vided that such statement has been submitted prior to the 

13 vote on passage. 

14 DIVISION A—DEPARTMENT OF 

15 DEFENSE AUTHORIZATIONS 

16 TITLE I—PROCUREMENT 

17 Subtitle A—Authorization of 

18 Appropriations 

19 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2012 for procurement for the Army, the Navy 

22 and the Marine Corps, the Air Force, and Defense-wide 

23 activities, as specified in the funding table in section 4101. 


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1 Subtitle B—Navy Programs 

2 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR 

3 MISSION AVIONICS AND COMMON COCKPITS 

4 FOR NAVY MH–60R/S HELICOPTERS. 

5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

6 Subject to section 2306b of title 10, United States Code, 

7 the Secretary of the Navy may enter into a multiyear con8 tract or contracts, beginning with the fiscal year 2012 pro9 gram year, for the procurement of mission avionics and 

10 common cockpits for MH–60R/S helicopters. 

11 (b) CONDITION FOR OUT-YEAR CONTRACT PAY12 MENTS.—A contract entered into under subsection (a) 

13 shall provide that any obligation of the United States to 

14 make a payment under the contract for a fiscal year after 

15 fiscal year 2012 is subject to the availability of appropria16 tions for that purpose for such later fiscal year. 

17 Subtitle C—Air Force Programs 

18 SEC. 131. PROCUREMENT OF ADVANCED EXTREMELY HIGH 

19 FREQUENCY SATELLITES. 

20 (a) CONTRACT AUTHORITY.— 

21 (1) IN GENERAL.—The Secretary of the Air 

22 Force may procure two advanced extremely high fre23 quency satellites by entering into a fixed-price con24 tract for such procurement. 


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1 (2) COST REDUCTION.—The Secretary may in2 clude in a contract entered into under paragraph (1) 

3 the following: 

4 (A) The procurement of material and 

5 equipment in economic order quantities if the 

6 procurement of such material and equipment in 

7 such quantities will result in cost savings. 

8 (B) Cost reduction initiatives. 

9 (3) USE OF INCREMENTAL FUNDING.—The 

10 Secretary may use incremental funding for a con11 tract entered into under paragraph (1) for a period 

12 not to exceed six fiscal years. 

13 (4) LIABILITY.—A contract entered into under 

14 paragraph (1) shall provide that— 

15 (A) any obligation of the United States to 

16 make a payment under the contract is subject 

17 to the availability of appropriations for that 

18 purpose; and 

19 (B) the total liability of the Federal Gov20 ernment for the termination of the contract 

21 shall be limited to the total amount of funding 

22 obligated at the time of the termination of the 

23 contract. 

24 (b) LIMITATION OF COSTS.— 


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1 (1) LIMITATION.—Except as provided in sub2 section (c), and excluding amounts described in 

3 paragraph (2), the total amount obligated or ex4 pended for the procurement of two advanced ex5 tremely high frequency satellites authorized by sub6 section (a) may not exceed $3,100,000,000. 

7 (2) EXCLUSION.—The amounts described in 

8 this paragraph are amounts associated with the fol9 lowing: 

10 (A) Plans. 

11 (B) Technical data packages. 

12 (C) Post-delivery and program-related sup13 port costs. 

14 (D) Technical support for obsolescence 

15 studies. 

16 (c) ADJUSTMENT TO LIMITATION AMOUNT.— 

17 (1) IN GENERAL.—The Secretary may increase 

18 the limitation set forth in subsection (b)(1) by the 

19 amount of an increase described in paragraph (2) if 

20 the Secretary submits to the congressional defense 

21 committees written notification of the increase made 

22 to that limitation. 

23 (2) INCREASE DESCRIBED.—An increase de24 scribed in this paragraph is one of the following: 


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1 (A) An increase in costs that is attrib2 utable to economic inflation after September 

3 30, 2011. 

4 (B) An increase in costs that is attrib5 utable to compliance with changes in Federal, 

6 State, or local laws enacted after September 30, 

7 2011. 

8 (C) An increase in the cost of an advanced 

9 extremely high frequency satellite that is attrib10 utable to the insertion of a new technology into 

11 the satellite that was not built into such sat12 ellites procured before fiscal year 2012, if the 

13 Secretary determines, and certifies to the con14 gressional defense committees, that insertion of 

15 the new technology into the satellite is— 

16 (i) expected to decrease the life-cycle 

17 cost of the satellite; or 

18 (ii) required to meet an emerging 

19 threat that poses grave harm to the na20 tional security of the United States. 

21 (d) REPORTS.— 

22 (1) REPORT ON CONTRACTS.—Not later than 

23 30 days after the date on which the Secretary enters 

24 into a contract under subsection (a), the Secretary 


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1 shall submit to the congressional defense committees 

2 a report on the contract that includes the following: 

3 (A) The total cost savings resulting from 

4 the authority provided by subsection (a). 

5 (B) The type and duration of the contract. 

6 (C) The total value of the contract. 

7 (D) The funding profile under the contract 

8 by year. 

9 (E) The terms of the contract regarding 

10 the treatment of changes by the Federal Gov11 ernment to the requirements of the contract, in12 cluding how any such changes may affect the 

13 success of the contract. 

14 (2) PLAN FOR USING COST SAVINGS.—Not later 

15 than 90 days after the date on which the Secretary 

16 enters into a contract under subsection (a), the Sec17 retary shall submit to the congressional defense com18 mittees a plan for using the cost savings described 

19 in paragraph (1)(A) to improve the capability of 

20 military satellite communications that includes a de21 scription of the following: 

22 (A) The available funds, by year, resulting 

23 from such cost savings. 

24 (B) The specific activities or subprograms 

25 to be funded using such cost savings and the 


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1 funds, by year, allocated to each such activity 

2 or subprogram. 

3 (C) The objectives for each such activity or 

4 subprogram. 

5 (D) The criteria used by the Secretary to 

6 determine which such activities or subprograms 

7 to fund. 

8 (E) The method by which the Secretary 

9 will determine which such activities or subpro10 grams to fund, including whether that deter11 mination will be on a competitive basis. 

12 (F) The plan for encouraging participation 

13 in such activities and subprograms by small 

14 businesses. 

15 (G) The process for determining how and 

16 when such activities and subprograms would 

17 transition to an existing program or be estab18 lished as a new program of record. 

19 (e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE

20 NUMBER 5 FOR SPACE VEHICLE NUMBER 6.—The Sec21 retary may obligate and expend amounts authorized to be 

22 appropriated for fiscal year 2012 by section 101 for pro23 curement for the Air Force as specified in the funding 

24 table in section 4101 and available for the advanced pro25 curement of long-lead parts and the replacement of obsoVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 lete parts for advanced extremely high frequency satellite 

2 space vehicle number 5 for the advanced procurement of 

3 long-lead parts and the replacement of obsolete parts for 

4 advanced extremely high frequency satellite space vehicle 

5 number 6. 

6 (f) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Secretary should not enter into a fixed-price 

8 contract under subsection (a) for the procurement of two 

9 advanced extremely high frequency satellites unless the 

10 Secretary determines that entering into such a contract 

11 will save the Air Force not less than 20 percent over the 

12 cost of procuring two such satellites separately. 

13 SEC. 132. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR 

14 RESEARCH AND DEVELOPMENT RELATING 

15 TO THE B–2 BOMBER AIRCRAFT. 

16 Of the unobligated balance of amounts appropriated 

17 for fiscal year 2011 for the Air Force and available for 

18 procurement of B–2 bomber aircraft aircraft modifica19 tions, post-production support, and other charges, 

20 $20,000,000 shall be available for fiscal year 2012 for re21 search, development, test, and evaluation with respect to 

22 a conventional mixed load capability for the B–2 bomber 

23 aircraft. 


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1 SEC. 133. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO 

2 SUPPORT ALTERNATIVE OPTIONS FOR EX3 TREMELY HIGH FREQUENCY TERMINAL IN4 CREMENT 1 PROGRAM OF RECORD. 

5 (a) IN GENERAL.—Of the unobligated balance of 

6 amounts appropriated for fiscal year 2011 for the Air 

7 Force and available for procurement of B–2 bomber air8 craft aircraft modifications, post-production support, and 

9 other charges, $15,000,000 shall be available to support 

10 alternative options for the extremely high frequency ter11 minal Increment 1 program of record. 

12 (b) PLAN TO SECURE PROTECTED COMMUNICA13 TIONS.—Not later than February 1, 2012, the Secretary 

14 of the Air Force shall submit to the congressional defense 

15 committees a plan to provide an extremely high frequency 

16 terminal for secure protected communications for the B– 

17 2 bomber aircraft and other aircraft. 

18 SEC. 134. LIMITATIONS ON USE OF FUNDS TO RETIRE B–1 

19 BOMBER AIRCRAFT. 

20 (a) IN GENERAL.—None of the funds authorized to 

21 be appropriated by this Act for fiscal year 2012 for the 

22 Department of Defense may be obligated or expended— 

23 (1) on or before the date on which the Sec24 retary of the Air Force submits to the congressional 

25 defense committees the plan described in subsection 

26 (b), to retire any B–1 bomber aircraft; or 


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1 (2) after that date, to retire more than six B– 

2 1 bomber aircraft. 

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

4 subsection is a plan for retiring B–1 bomber aircraft that 

5 includes the following: 

6 (1) An identification of each B–1 bomber air7 craft that will be retired and the disposition plan for 

8 such aircraft. 

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

10 from the proposed retirement of six B–1 bomber air11 craft in each calendar year through calendar year 

12 2022. 

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

14 described in paragraph (2) that will be reinvested in 

15 the modernization of B–1 bomber aircraft still in 

16 service in each calendar year through calendar year 

17 2022. 

18 (4) A modernization plan for sustaining the re19 maining B–1 bomber aircraft through at least cal20 endar year 2022. 

21 (5) An estimate of the amount of funding re22 quired to fully fund the modernization plan de23 scribed in paragraph (4) for each calendar year 

24 through calendar year 2022. 


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1 (c) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) an amount that is not less than 60 percent 

4 of the savings achieved in each calendar year 

5 through calendar year 2022 resulting from the re6 tirement of B–1 bomber aircraft should be rein7 vested in modernizing and sustaining bomber air8 craft; and 

9 (2) an amount that is not less than 35 percent 

10 of the amount described in paragraph (1) should be 

11 reinvested in modernizing and sustaining the re12 maining B–1 bomber aircraft through at least cal13 endar year 2022. 

14 SEC. 135. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT. 

15 (a) LIMITATION.—The Secretary of the Air Force 

16 may take no action that would prevent the Air Force from 

17 maintaining the U–2 aircraft fleet in its current configura18 tion and capability beyond fiscal year 2016 until the 

19 Under Secretary of Defense for Acquisition, Technology, 

20 and Logistics certifies in writing to the appropriate com21 mittees of Congress that the operating and sustainment 

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

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

24 for the U–2 aircraft on a comparable flight-hour cost 

25 basis. 


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1 (b) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means— 

4 (1) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Select Com6 mittee on Intelligence of the Senate; and 

7 (2) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Permanent 

9 Select Committee on Intelligence of the House of 

10 Representatives. 

11 Subtitle D—Joint and Multiservice 

12 Matters 

13 SEC. 151. INCLUSION OF INFORMATION ON APPROVED 

14 COMBAT MISSION REQUIREMENTS IN QUAR15 TERLY REPORTS ON USE OF COMBAT MIS16 SION REQUIREMENT FUNDS. 

17 Section 123(b) of the Ike Skelton National Defense 

18 Authorization Act for Fiscal Year 2011 (Public Law 111– 

19 383; 124 Stat. 4159; 10 U.S.C. 167 note) is amended by 

20 adding at the end the following new paragraphs: 

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

22 Requirements approved during the fiscal year in 

23 which such report is submitted and the two pre24 ceding fiscal years, including for each such Require25 ment— 


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1 ‘‘(A) the title of such Requirement; 

2 ‘‘(B) the date of approval of such Require3 ment; and 

4 ‘‘(C) the amount of funding approved for 

5 such Requirement, and the source of such ap6 proved funds. 

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

8 Combat Mission Requirements funds from the fiscal 

9 year in which such report is submitted and the two 

10 preceding fiscal years.’’. 

11 SEC. 152. F–35 JOINT STRIKE FIGHTER AIRCRAFT. 

12 In entering into a contract for the procurement of 

13 aircraft for the fifth low-rate initial production contract 

14 lot (LRIP-5) for the F–35 Lightning II Joint Strike 

15 Fighter aircraft, the Secretary of Defense shall ensure 

16 each of the following: 

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

18 (2) That the contract requires the contractor to 

19 assume full responsibility for costs under the con20 tract above the target cost specified in the contract. 


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1 SEC. 153. REPORT ON PLAN TO IMPLEMENT WEAPON SYS2 TEMS ACQUISITION REFORM ACT OF 2009 

3 MEASURES WITHIN THE JOINT STRIKE 

4 FIGHTER AIRCRAFT PROGRAM. 

5 At the same time the budget of the President for fis6 cal year 2013 is submitted to Congress pursuant to section 

7 1105 of title 31, United States Code, the Under Secretary 

8 for Acquisition, Technology, and Logistics shall submit to 

9 the Committees on Armed Services of the Senate and the 

10 House of Representatives a report on the plans of the De11 partment of Defense to implement the requirements of the 

12 Weapon Systems Acquisition Reform Act of 2009 (Public 

13 Law 111–23), and the amendments made by that Act, 

14 within the Joint Strike Fighter (JSF) aircraft program. 

15 The report shall set forth the following: 

16 (1) Specific goals for implementing the require17 ments of the Weapon Systems Acquisition Reform 

18 Act of 2009, and the amendments made by that Act, 

19 within the Joint Strike Fighter aircraft program. 

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

21 under paragraph (1) for the Joint Strike Fighter 

22 aircraft program. 


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1 SEC. 154. MULTIYEAR PROCUREMENT AUTHORITY FOR AIR2 FRAMES FOR ARMY UH–60M/HH–60M HELI3 COPTERS AND NAVY MH–60R/MH–60S HELI4 COPTERS. 

5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

6 Subject to section 2306b of title 10, United States Code, 

7 the Secretary of the Army may enter into one or more 

8 multiyear contracts, beginning with the fiscal year 2012 

9 program year, for the procurement of airframes for UH– 

10 60M/HH–60M helicopters and, acting as the executive 

11 agent for the Department of the Navy, for the procure12 ment of airframes for MH–60R/MH–60S helicopters. 

13 (b) CONDITION FOR OUT-YEAR PAYMENTS.—A con14 tract entered into under subsection (a) shall provide that 

15 any obligation of the United States to make a payment 

16 under the contract for a fiscal year after fiscal year 2012 

17 is subject to the availability of appropriations for that pur18 pose for such later fiscal year. 

19 SEC. 155. DESIGNATION OF UNDERSEA MOBILITY ACQUISI20 TION PROGRAM OF THE UNITED STATES SPE21 CIAL OPERATIONS COMMAND AS A MAJOR 

22 DEFENSE ACQUISITION PROGRAM. 

23 (a) DESIGNATION.—The Under Secretary of Defense 

24 for Acquisition, Technology, and Logistics shall designate 

25 the undersea mobility acquisition program of the United 


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1 States Special Operations Command as a major defense 

2 acquisition program (MDAP). 

3 (b) ELEMENTS.—The major defense acquisition pro4 gram designated under subsection (a) shall consist of the 

5 elements as follows: 

6 (1) The Dry Combat Submersible-Light pro7 gram. 

8 (2) The Dry Combat Submersible-Medium pro9 gram. 

10 (3) The Shallow Water Combat Submersible 

11 program. 

12 (4) The Next-Generation Submarine Shelter 

13 program. 

14 SEC. 156. TRANSFER OF AIR FORCE C–12 LIBERTY INTEL15 LIGENCE, SURVEILLANCE, AND RECONNAIS16 SANCE AIRCRAFT TO THE ARMY. 

17 (a) PLAN FOR TRANSFER.—The Secretary of De18 fense shall develop and carry out a plan for the orderly 

19 transfer of the Air Force C–12 Liberty Intelligence, Sur20 veillance, and Reconnaissance (ISR) aircraft to the Army 

21 to avoid the need for the Army to procure additional C– 

22 12 aircraft for the replacement of the Guardrail aircraft 

23 fleet under the Enhanced Medium Altitude Reconnais24 sance and Surveillance System (EMARSS) program. 


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1 (b) ELEMENTS.—The plan required by subsection (a) 

2 shall— 

3 (1) take into account the ability of Army per4 sonnel now operating the Guardrail aircraft to take 

5 over operation of C–12 Liberty aircraft as Guardrail 

6 aircraft are retired, freeing up Air Force personnel 

7 for reallocation to meet the expanding orbit require8 ments for Unmanned Aerial Systems; 

9 (2) take into account the need to sustain intel10 ligence, surveillance, and reconnaissance support for 

11 forces deployed to Afghanistan and elsewhere; and 

12 (3) provide for the modification of the Liberty 

13 C–12 aircraft transferred under the plan to meet the 

14 long-term needs of the Army for the Enhanced Me15 dium Altitude Reconnaissance and Surveillance Sys16 tem configuration to replace the Guardrail system. 

17 (c) REPORT.—Not later than the date on which the 

18 budget for fiscal year 2013 is submitted to Congress pur19 suant to section 1105 of title 31, United States Code, the 

20 Secretary shall submit to the congressional defense and 

21 intelligence committees a report on the plan required by 

22 subsection (a). The report shall include a description of 

23 the plan and an estimate of the costs to be avoided 

24 through cancellation of aircraft procurement under the 

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1 lance System program by reason of the transfer of aircraft 

2 under the plan. 

3 SEC. 157. JOINT SURVEILLANCE TARGET ATTACK RADAR 

4 SYSTEM AIRCRAFT RE-ENGINING PROGRAM. 

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

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

7 the date of the enactment of this Act, the Air Force 

8 Audit Agency shall submit to the congressional de9 fense committees the results of a financial audit of 

10 the funds previously authorized and appropriated for 

11 the Joint Surveillance Target Attack Radar System 

12 (JSTARS) aircraft re-engining program. 

13 (2) ELEMENTS.—The report on the audit re14 quired by paragraph (1) shall include the following: 

15 (A) A description of how the funds de16 scribed in that paragraph were expended, in17 cluding— 

18 (i) an assessment of the existence, 

19 completeness, and cost of the assets ac20 quired with such funds; and 

21 (ii) an assessment of the costs that 

22 were capitalized as military equipment and 

23 inventory and the cost characterized as op24 erating expenses (including payroll, freight 


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1 and shipment, inspection, and other oper2 ating costs). 

3 (B) A statement of the amount of such 

4 funds that remain available for obligation and 

5 expenditure, and in which accounts. 

6 (b) USE OF REMAINING FUNDS.—The Secretary of 

7 the Air Force shall take appropriate actions to ensure that 

8 any funds described by subsection (a)(2)(B) are obligated 

9 and expended for the purpose for which originally author10 ized and appropriated, including, but not limited to, the 

11 installation of two engine shipsets on two operational 

12 Joint Surveillance Target Attack Radar System aircraft 

13 and the purchase of two spare engines. 

14 TITLE II—RESEARCH, DEVELOP15 MENT, TEST, AND EVALUA16 TION 

17 Subtitle A—Authorization of 

18 Appropriations 

19 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2012 for the use of the Department of Defense 

22 for research, development, test, and evaluation as specified 

23 in the funding table in section 4201. 


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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 211. PROHIBITIONS RELATING TO USE OF FUNDS FOR 

5 RESEARCH, DEVELOPMENT, TEST, AND EVAL6 UATION ON THE F136 ENGINE. 

7 (a) PROHIBITION ON USE OF FUNDS FOR RDT&E.— 

8 None of the amounts authorized to be appropriated by this 

9 Act may be obligated or expended for research, develop10 ment, test, or evaluation on the F136 engine. 

11 (b) PROHIBITION ON TREATMENT OF CERTAIN EX12 PENDITURES AS ALLOWABLE CHARGES.—No research, 

13 development, test, or evaluation on the F136 engine that 

14 is conducted and funded by the contractor may be consid15 ered an allowable charge on any future government con16 tract, whether as a direct or indirect cost. 

17 SEC. 212. LIMITATION ON USE OF FUNDS FOR INCREMENT 

18 2 OF B–2 BOMBER AIRCRAFT EXTREMELY 

19 HIGH FREQUENCY SATELLITE COMMUNICA20 TIONS PROGRAM. 

21 None of the funds authorized to be appropriated by 

22 section 201 for research, development, test, and evaluation 

23 for the Air Force as specified in the funding table in sec24 tion 4201 and available for Increment 2 of the B–2 bomb25 er aircraft extremely high frequency satellite communicaVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 tions program may be obligated or expended until the date 

2 that is 15 days after the date on which the Secretary of 

3 the Air Force submits to the congressional defense com4 mittees the following: 

5 (1) The certification of the Secretary that— 

6 (A) the United States Government will 

7 own the data rights to any extremely high fre8 quency active electronically steered array an9 tenna developed for use as part of a system to 

10 support extremely high frequency protected sat11 ellite communications for the B–2 bomber air12 craft; and 

13 (B) the use of an extremely high frequency 

14 active electronically steered array antenna is 

15 the most cost effective and lowest risk option 

16 available to support extremely high frequency 

17 satellite communications for the B–2 bomber 

18 aircraft. 

19 (2) A detailed plan setting forth the projected 

20 cost and schedule for research, development, and 

21 testing on the extremely high frequency active elec22 tronically steered array antenna. 


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1 SEC. 213. UNMANNED CARRIER LAUNCHED AIRBORNE SUR2 VEILLANCE AND STRIKE. 

3 Of the amounts authorized to be appropriated for fis4 cal year 2012 for the Navy for research, development, test, 

5 and evaluation and available for purposes of the Un6 manned Carrier Launched Airborne Surveillance and 

7 Strike (UCLASS) program (PE 64404N) as specified in 

8 the funding table in section 4201, not more than 50 per9 cent may be obligated or expended for such purposes until 

10 the Under Secretary of Defense for Acquisition, Tech11 nology, and Logistics certifies to the congressional defense 

12 committees that the Under Secretary has approved an ac13 quisition plan for that program at Milestone A approval 

14 that requires implementation of open architecture stand15 ards for that program. 

16 SEC. 214. MARINE CORPS GROUND COMBAT VEHICLES. 

17 (a) LIMITATION ON MILESTONE B APPROVAL FOR

18 MARINE PERSONNEL CARRIER PENDING ANALYSIS OF

19 ALTERNATIVES FOR AMPHIBIOUS COMBAT VEHICLE.— 

20 (1) LIMITATION.—Milestone B approval may 

21 not be granted for the Marine Personnel Carrier 

22 (MPC) until 30 days after the date of the submittal 

23 to the congressional defense committees of an Anal24 ysis of Alternatives (AoA) for the Amphibious Com25 bat Vehicle (ACV). 


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1 (2) REQUIREMENTS FOR ANALYSIS OF ALTER2 NATIVES.—The Analysis of Alternatives for the Am3 phibious Combat Vehicle required by paragraph (1) 

4 shall include each of the following: 

5 (A) An assessment of the ability of the 

6 Navy to defend its vessels against attacks at 

7 distances from shore ranging from 10-to-30 

8 nautical miles during amphibious assault oper9 ations in multiple potential future conflict sce10 narios, based on existing and planned and 

11 budgeted defense capabilities. The assessment 

12 shall identify the key issues and variables that 

13 determine survivability in each of the scenarios 

14 assessed. 

15 (B) An assessment of the amount of time 

16 Marines can be expected to ride in a non17 planing amphibious assault vehicle without suf18 fering a significant degradation in combat effec19 tiveness. The Marine Corps shall conduct tests 

20 to support such assessment using existing Am21 phibious Assault Vehicles and Expeditionary 

22 Fighting Vehicle SDD–2 prototypes. 

23 (C) An assessment of the armor protection 

24 levels the Amphibious Combat Vehicle would re25 quire to satisfy the requirements for the Marine 


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1 Personnel Carrier program, and an assessment 

2 whether a non-planing Amphibious Combat Ve3 hicle could practically achieve that armor pro4 tection level while meeting other objectives for 

5 mobility and cost. 

6 (D) An assessment of whether an Amphib7 ious Combat Vehicle system could perform the 

8 range of amphibious assault and land warfare 

9 missions for the Marine Corps at a life-cycle 

10 cost approximately equal to or less than the 

11 combined cost of the Amphibious Combat Vehi12 cle and Marine Personnel Carrier programs, 

13 and an assessment of the extent to which a 

14 ground combat vehicle fleet composed entirely 

15 of Amphibious Combat Vehicles would enhance 

16 the amphibious assault capabilities of the Ma17 rine Corps when compared with a fleet com18 posed of a mixture of Amphibious Combat Vehi19 cles and Marine Personnel Carriers. 

20 (3) SUPPORT OF ANALYSIS OF ALTER21 NATIVES.—The Marine Corps may conduct such 

22 technology development and demonstration, and 

23 such other pre-acquisition activities, tests, exercises, 

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1 quired by paragraph (1) and the establishment of re2 quirements for the Amphibious Combat Vehicle. 

3 (b) LIMITATION ON MILESTONE B APPROVAL FOR

4 VARIOUS VEHICLES PENDING LIFE-CYCLE COST ASSESS5 MENT.— 

6 (1) LIMITATION.—Milestone B approval may 

7 not be granted for any Marine Corps ground combat 

8 vehicle specified in paragraph (2) until 30 days after 

9 the date of the submittal to the congressional de10 fense committees of a life-cycle cost assessment of 

11 the portfolio of Marine Corps ground vehicles per12 formed by the Director of Cost Assessment and Pro13 gram Evaluation of the Department of Defense. 

14 (2) COVERED VEHICLES.—The Marine Corps 

15 ground combat vehicles specified in this paragraph 

16 are the following: 

17 (A) The Marine Personnel Carrier. 

18 (B) The Amphibious Combat Vehicle. 

19 (C) The Joint Light Tactical Vehicle 

20 (JLTV). 

21 (D) Any other ground combat vehicle of 

22 the Marine Corps under development as of the 

23 date of the enactment of this Act for which 

24 Milestone B approval has not been granted as 

25 of that date. 


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1 (c) AVAILABILITY OF FUNDS.—Of the amounts au2 thorized to be appropriated for fiscal year 2012 by section 

3 201 and available for research, development, test, and 

4 evaluation for the Navy as specified in the funding tables 

5 in section 4201 for Program Elements 0603611M and 

6 0206623M for the Amphibious Combat Vehicle, the As7 sault Amphibious Vehicle 7A1, and the Marine Personnel 

8 Carrier, $30,000,000 is available for pre-acquisition activi9 ties in support of the Analysis of Alternatives and require10 ments definition for the Amphibious Combat Vehicle. 

11 (d) MILESTONE B APPROVAL DEFINED.—In this 

12 section, the term ‘‘Milestone B approval’’ has the meaning 

13 given that term in section 2366(e)(7) of title 10, United 

14 States Code. 

15 Subtitle C—Missile Defense 

16 Matters 

17 SEC. 231. ENHANCED OVERSIGHT OF MISSILE DEFENSE AC18 QUISITION PROGRAMS. 

19 (a) IN GENERAL.—Section 225 of the Ike Skelton 

20 National Defense Authorization Act for Fiscal Year 2011 

21 (Public Law 111–383; 124 Stat. 4170; 10 U.S.C. 233 

22 note) is amended— 

23 (1) in subsection (d), by striking ‘‘each report’’ 

24 and inserting ‘‘each of the first three reports’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(e) COMPTROLLER GENERAL ASSESSMENT.—(1) At 

4 the end of each of fiscal years 2012 through 2015, the 

5 Comptroller General of the United States shall review the 

6 annual reports on acquisition baselines and variances re7 quired under subsection (c) and assess the extent to which 

8 the Missile Defense Agency has achieved its acquisition 

9 goals and objectives. 

10 ‘‘(2) Not later than February 15, 2013, and each 

11 year thereafter through 2016, the Comptroller General 

12 shall submit to the congressional defense committees a re13 port on the assessment under paragraph (1) with respect 

14 to the acquisition baselines for the preceding fiscal year. 

15 Each report shall include any findings and recommenda16 tions on missile defense acquisition programs and account17 ability therefore that the Comptroller General considers 

18 appropriate.’’. 

19 (b) REPEAL OF SUPERSEDED REPORTING AUTHOR20 ITY.—Section 232 of the National Defense Authorization 

21 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amend22 ed by striking subsection (g). 

23 SEC. 232. GROUND-BASED MIDCOURSE DEFENSE PROGRAM. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) The Ground-based Midcourse Defense 

2 (GMD) element of the Ballistic Missile Defense Sys3 tem was deployed initially in 2004 as a contingency 

4 capability to provide initial protection of the United 

5 States homeland against potential limited long-range 

6 missile attacks by nations such as North Korea and 

7 Iran. 

8 (2) As the Director of Operational Test and 

9 Evaluation has reported, prior to the decision in De10 cember 2002 to deploy the system, an operationally 

11 representative variant of the Ground-Based Inter12 ceptor had not been flight-tested. 

13 (3) As the Department of Defense and the Gov14 ernment Accountability Office have acknowledged, 

15 the Ground-based Midcourse Defense system experi16 enced high levels of concurrency in development and 

17 deployment, which led to a number of problems. In 

18 April 2011, the Missile Defense Agency acknowl19 edged that the system ‘‘is still evolving and has not 

20 attained a stable configuration between missiles. It 

21 is still an ‘operational prototype’ system’’. 

22 (4) The Director of Operational Test and Eval23 uation reported in December 2010 that there have 

24 not been enough flight tests of the Ground-based 

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1 sessment of its operational effectiveness, suitability 

2 data remain insufficient, evaluation of survivability 

3 remains limited, and a ‘‘full end-to end performance 

4 assessment is still a minimum of 6 years away’’. 

5 (5) As is to be expected from a developmental 

6 system, the Ground-based Midcourse Defense system 

7 has experienced a number of technical problems in 

8 flight tests. Many of these problems have been re9 solved with further development, as demonstrated in 

10 successful flight tests. The system has been under 

11 continuous improvement since it was first deployed, 

12 but has not yet obtained desired levels of effective13 ness, suitability, or reliability. 

14 (6) In 2009, the Secretary of Defense an15 nounced that the Department of Defense would 

16 refocus efforts on improving the operational capa17 bility, reliability, and availability of the Ground18 based Midcourse Defense system in order to main19 tain its ability to stay ahead of projected threats 

20 from North Korea and Iran for the foreseeable fu21 ture. 

22 (7) In February 2010 the Ballistic Missile De23 fense Review stated the United States is currently 

24 protected against limited intercontinental ballistic 

25 missile attacks as a result of investments made over 


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1 the past decade in the Ground-based Midcourse De2 fense system and reiterated the commitment to im3 proving the operational capability, reliability, and 

4 availability of the Ground-based Midcourse Defense 

5 System. 

6 (8) The two most recent flight tests of the 

7 Ground-based Midcourse Defense system, using the 

8 newest Capability Enhancement-2 Exo-atmospheric 

9 Kill Vehicle (EKV) design, each failed to achieve the 

10 intended interception of a target. 

11 (9) The two most recent flight tests are not in12 dicative of the functionality of the Capability En13 hancement-1 Exo-atmospheric Kill Vehicle design, 

14 which continues to provide the United States protec15 tion against a limited intercontinental ballistic mis16 sile attack. 

17 (10) The Missile Defense Agency established a 

18 Failure Review Board to determine the root cause of 

19 the December 2010 flight-test failure of the Ground20 based Midcourse Defense system. Its analysis will in21 form the proposed correction of the problem causing 

22 the flight-test failure. 

23 (11) The Missile Defense Agency plans to de24 sign a correction of the problem causing the Decem25 ber 2010 flight-test failure and to verify the correcVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 tion through extensive modeling and simulation, 

2 ground testing, and two flight tests, the first of 

3 which will not be an interception test. 

4 (12) Until completing the verification of its cor5 rective action, the Missile Defense Agency has sus6 pended further production of Exo-atmospheric Kill 

7 Vehicles to ensure that potential flaws are not incor8 porated into them, and to permit any corrective ac9 tion that may be needed to Exo-atmospheric Kill Ve10 hicles at minimal cost and schedule risk. 

11 (13) The Director of the Missile Defense Agen12 cy has testified that the Missile Defense Agency has 

13 sufficient funding available and planned for fiscal 

14 years 2011 and 2012, respectively, to implement the 

15 planned correction of the problem causing the De16 cember 2010 flight-test failure. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) it is essential for the Ground-based Mid20 course Defense element of the Ballistic Missile De21 fense System to achieve the levels of reliability, 

22 availability, sustainability, and operational perform23 ance that will allow it to continue providing protec24 tion of the United States homeland, throughout its 


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1 operational service life, against limited future missile 

2 attacks from nations such as North Korea and Iran; 

3 (2) the Missile Defense Agency should, as its 

4 highest priority, determine the root cause of the De5 cember 2010 flight-test failure of the Ground-based 

6 Midcourse Defense system, design a correction of 

7 the problem causing the flight-test failure, and verify 

8 through extensive testing that such correction is ef9 fective and will allow the Ground-based Midcourse 

10 Defense system to reach levels described in para11 graph (1); 

12 (3) before verifying the success of the correction 

13 of the problem causing the December 2010 flight14 test failure, the Missile Defense Agency should sus15 pend further production of Exo-atmospheric Kill Ve16 hicles to ensure that they will not be deployed with 

17 any component or design flaws that may have 

18 caused the flight-test failure; 

19 (4) after the Missile Defense Agency has 

20 verified the correction of the problem causing the 

21 December 2010 flight-test failure, including through 

22 the two previously unplanned verification flight tests, 

23 the Agency should assess the need for any additional 

24 Ground-Based Interceptors and any additional steps 


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1 needed for the Ground-based Midcourse Defense 

2 testing and sustainment program; and 

3 (5) the Department of Defense should plan for 

4 and budget sufficient future funds for the Ground5 based Midcourse Defense program to ensure the 

6 ability to complete and verify an effective correction 

7 of the problem causing the December 2010 flight8 test failure, and to mitigate the effects of corrective 

9 actions on previously planned program work that is 

10 deferred as a result of such corrective actions. 

11 (c) REPORTS.— 

12 (1) REPORTS REQUIRED.—Not later than 120 

13 days after the date of the enactment of this Act, and 

14 one year thereafter, the Secretary of Defense shall 

15 submit to the congressional defense committees a re16 port describing the plan of the Department of De17 fense to correct the problem causing the December 

18 2010 flight-test failure of the Ground-based Mid19 course Defense system, and any progress toward the 

20 achievement of that plan. 

21 (2) ELEMENTS.—Each report required by para22 graph (1) shall include the following: 

23 (A) A detailed discussion of the plan to 

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1 graph, including plans for diagnostic, design, 

2 testing, and manufacturing actions. 

3 (B) A detailed discussion of any results ob4 tained from the plan described in subparagraph 

5 (A) as of the date of such report, including di6 agnostic, design, testing, or manufacturing re7 sults. 

8 (C) A description of any cost or schedule 

9 impact of the plan on the Ground-based Mid10 course Defense program, including on testing, 

11 production, refurbishment, or deferred work. 

12 (D) A description of any planned adjust13 ments to the Ground-based Midcourse Defense 

14 program as a result of the implementation of 

15 the plan, including future programmatic, sched16 ule, testing, or funding adjustments. 

17 (E) A description of any enhancements to 

18 the capability of the Ground-based Midcourse 

19 Defense system achieved or planned since the 

20 submittal of the budget for fiscal year 2010 

21 pursuant to section 1105 of title 31, United 

22 States Code. 

23 (3) FORM.—Each report required by paragraph 

24 (1) shall be in unclassified form, but may include a 

25 classified annex. 


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1 SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) For more than a decade, the United States 

5 and Russia have discussed a variety of options for 

6 cooperation on shared early warning and ballistic 

7 missile defense. For example, on May 1, 2001, 

8 President George W. Bush spoke of a ‘‘new coopera9 tive relationship’’ with Russia and said it ‘‘should be 

10 premised on openness, mutual confidence and real 

11 opportunities for cooperation, including the area of 

12 missile defense. It should allow us to share informa13 tion so that each nation can improve its early warn14 ing capability, and its capability to defend its people 

15 and territory. And perhaps one day, we can even co16 operate in a joint defense’’. 

17 (2) Section 1231 of the Floyd D. Spence Na18 tional Defense Authorization Act for Fiscal Year 

19 2001 (as enacted into law by Public Law 106–398; 

20 1654A–329) authorized the Department of Defense 

21 to establish in Russia a ‘‘joint center for the ex22 change of data from systems to provide early warn23 ing of launches of ballistic missiles and for notifica24 tion of launches of such missiles’’, also known as the 

25 Joint Data Exchange Center (JDEC). 


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1 (3) On March 31, 2008, Deputy Secretary of 

2 Defense Gordon England stated that ‘‘we have of3 fered Russia a wide-ranging proposal to cooperate 

4 on missile defense—everything from modeling and 

5 simulation, to data sharing, to joint development of 

6 a regional missile defense architecture—all designed 

7 to defend the United States, Europe, and Russia 

8 from the growing threat of Iranian ballistic missiles. 

9 An extraordinary series of transparency measures 

10 have also been offered to reassure Russia. Despite 

11 some Russian reluctance to sign up to these coopera12 tive missile defense activities, we continue to work 

13 toward this goal’’. 

14 (4) On July 6, 2009, President Barack Obama 

15 and Russian President Dmitry Medvedev issued a 

16 joint statement on missile defense issues, which stat17 ed that ‘‘Russia and the United States plan to con18 tinue the discussion concerning the establishment of 

19 cooperation in responding to the challenge of bal20 listic missile proliferation. . . We have instructed 

21 our experts to work together to analyze the ballistic 

22 missile challenges of the 21st century and to prepare 

23 appropriate recommendations’’. 

24 (5) The February 2010 report of the Ballistic 

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1 tral policy pillars that increased international missile 

2 defense cooperation is in the national security inter3 est of the United States and, with regard to coopera4 tion with Russia, the United States ‘‘is pursuing a 

5 broad agenda focused on shared early warning of 

6 missile launches, possible technical cooperation, and 

7 even operational cooperation’’. 

8 (6) at the November 2010 Lisbon Summit, the 

9 North Atlantic Treaty Organization (NATO) decided 

10 to develop a missile defense system to ‘‘protect 

11 NATO European populations, territory and forces’’ 

12 and also to seek cooperation with Russia on missile 

13 defense. In its Lisbon Summit Declaration, the 

14 North Atlantic Treaty Organization reaffirmed its 

15 readiness to ‘‘invite Russia to explore jointly the po16 tential for linking current and planned missile 

17 defence systems at an appropriate time in mutually 

18 beneficial ways’’. The new NATO Strategic Concept 

19 adopted at the Lisbon Summit states that ‘‘we will 

20 actively seek cooperation on missile defence with 

21 Russia’’, that ‘‘NATO-Russia cooperation is of stra22 tegic importance’’, and that ‘‘the security of the 

23 North Atlantic Treaty Organization and Russia is 

24 intertwined’’. 


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1 (7) In a December 18, 2010, letter to the lead2 ership of the Senate, President Obama wrote that 

3 the North Atlantic Treaty Organization ‘‘invited 

4 Russia to cooperate on missile defense, which could 

5 lead to adding Russian capabilities to those deployed 

6 by NATO to enhance our common security against 

7 common threats. The Lisbon Summit thus dem8 onstrated that the Alliance’s missile defenses can be 

9 strengthened by improving NATO-Russian relations. 

10 This comes even as we have made clear that the sys11 tem we intend to pursue with Russia will not be a 

12 joint system, and it will not in any way limit United 

13 States’ or NATO’s missile defense capabilities. Ef14 fective cooperation with Russia could enhance the 

15 overall efficiency of our combined territorial missile 

16 defenses, and at the same time provide Russia with 

17 greater security’’. 

18 (8) Section 221(a)(3) of the Ike Skelton Na19 tional Defense Authorization Act for Fiscal Year 

20 2011 (Public Law 111–383; 124 Stat. 4167) states 

21 that it is the sense of Congress ‘‘to support the ef22 forts of the United States Government and the 

23 North Atlantic Treaty Organization to pursue co24 operation with the Russian Federation on ballistic 

25 missile defense relative to Iranian missile threats’’. 


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1 (9) In a speech in Russia on March 21, 2011, 

2 Secretary of Defense Robert Gates cited ‘‘the 

3 NATO-Russian decision to cooperate on defense 

4 against ballistic missiles. We’ve disagreed before, 

5 and Russia still has uncertainties about the Euro6 pean Phased Adaptive Approach, a limited system 

7 that poses no challenges to the large Russian nu8 clear arsenal. However, we’ve mutually committed to 

9 resolving these difficulties in order to develop a 

10 roadmap toward truly effective anti-ballistic missile 

11 collaboration. This collaboration may include ex12 changing launch information, setting up a joint data 

13 fusion center, allowing greater transparency with re14 spect to our missile defense plans and exercises, and 

15 conducting a joint analysis to determine areas of fu16 ture cooperation’’. 

17 (10) In testimony to the Committee on Armed 

18 Services of the Senate on April 13, 2011, Deputy 

19 Assistant Secretary of Defense for Nuclear and Mis20 sile Defense Policy Bradley H. Roberts stated that 

21 the United States has been pursuing a Defense 

22 Technology Cooperation Agreement with Russia 

23 since 2004, and that such an agreement is necessary 

24 ‘‘for the safeguarding of sensitive information in 

25 support of cooperation’’ on missile defense, and to 


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1 ‘‘provide the legal framework for undertaking coop2 erative efforts.’’ Further, Dr. Roberts stated that 

3 the United States would not provide any classified 

4 information to Russia without first conducting a Na5 tional Disclosure Policy review. He also stated that 

6 the United States is not considering sharing ‘‘hit-to7 kill’’ technology with Russia. 

8 (11) The United States and Russia already en9 gage in substantial cooperation on a number of 

10 international security efforts, including nuclear non11 proliferation, anti-piracy, counter-narcotics, nuclear 

12 security, counter-terrorism, and logistics resupply 

13 through Russia of coalition forces in Afghanistan. 

14 These areas of cooperation require each side to 

15 share and protect sensitive information, which they 

16 have both done successfully. 

17 (12) The United States currently has shared 

18 early warning agreements and programs of coopera19 tion with eight nations in addition to the North At20 lantic Treaty Organization. The United States has 

21 developed procedures and mechanisms for sharing 

22 early warning information with partner nations while 

23 ensuring the protection of sensitive United States in24 formation. 


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1 (13) Russia and the United States each have 

2 missile launch early warning and detection and 

3 tracking sensors that could contribute to and en4 hance each others’ ability to detect, track, an defend 

5 against ballistic missile threats from Iran. 

6 (14) The Obama Administration has provided 

7 regular briefings to Congress on its discussions with 

8 Russia on possible missile defense cooperation. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) it is in the national security interest of the 

12 United States to pursue efforts at missile defense 

13 cooperation with Russia that would enhance the se14 curity of the United States, its North Atlantic Trea15 ty Organization allies, and Russia, particularly 

16 against missile threats from Iran; 

17 (2) the United States should pursue ballistic 

18 missile defense cooperation with Russia on both a bi19 lateral basis and a multilateral basis with its North 

20 Atlantic Treaty Organization allies, particularly 

21 through the NATO-Russia Council; 

22 (3) missile defense cooperation with Russia 

23 should not ‘‘in any way limit United States’ or 

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1 dent Obama to the leadership of the Senate, and 

2 should be mutually beneficial and reciprocal in na3 ture; and 

4 (4) the United States should pursue missile de5 fense cooperation with Russia in a manner that en6 sures that— 

7 (A) United States classified information is 

8 appropriately safeguarded and protected from 

9 unauthorized disclosure; 

10 (B) prior to sharing classified information 

11 with Russia, the United States conducts a Na12 tional Disclosure Policy review and determines 

13 the types and levels of information that may be 

14 shared and whether any additional procedures 

15 are necessary to protect such information; 

16 (C) prior to entering into missile defense 

17 technology cooperation projects, the United 

18 States enters into a Defense Technology Co19 operation Agreement with Russia that estab20 lishes the legal framework for a broad spectrum 

21 of potential cooperative defense projects; and 

22 (D) such cooperation does not limit the 

23 missile defense capabilities of the United States 

24 or its North Atlantic Treaty Organization allies. 

25 (c) REPORT.— 


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1 (1) REPORT REQUIRED.—Not later than 180 

2 days after the date of the enactment of this Act, the 

3 President shall submit to the appropriate commit4 tees of Congress a report on the status of efforts to 

5 reach agreement with Russia on missile defense co6 operation. 

7 (2) ELEMENTS.—The report required under 

8 paragraph (1) shall include the following: 

9 (A) A summary of the status of discussions 

10 between the United States and Russia, and be11 tween the North Atlantic Treaty Organization 

12 and Russia, on efforts to agree on missile de13 fense cooperation. 

14 (B) A description of any agreements 

15 reached pursuant to such discussions, and any 

16 specific cooperative measures agreed, imple17 mented, or planned. 

18 (C) A discussion of the manner in which 

19 such cooperative measures would enhance the 

20 security of the United States, and the manner 

21 in which such cooperative measures fit within 

22 the larger context of United States-Russian co23 operation on international security. 


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1 (D) A description of the status of efforts 

2 to conclude a bilateral Defense Technology Co3 operation Agreement with Russia. 

4 (E) A description of the status of any Na5 tional Disclosure Policy Review relative to the 

6 possible sharing of classified information with 

7 Russia concerning missile defense cooperation. 

8 (F) A discussion of the actions that are 

9 being taken or are planned to be taken to safe10 guard United States classified information in 

11 any agreement or discussions with Russia con12 cerning missile defense cooperation. 

13 (3) FORM OF REPORT.—The report required by 

14 paragraph (1) shall be submitted in unclassified 

15 form, but may include a classified annex. 

16 (4) APPROPRIATE COMMITTEES OF CONGRESS

17 DEFINED.—In this subsection, the term ‘‘appro18 priate committees of Congress’’ means— 

19 (A) the Committees on Armed Services, 

20 Foreign Relations, and Appropriations of the 

21 Senate; and 

22 (B) the Committees on Armed Services, 

23 Foreign Affairs, and Appropriations of the 

24 House of Representatives. 


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1 Subtitle D—Reports 

2 SEC. 251. EXTENSION OF REQUIREMENTS FOR BIENNIAL 

3 ROADMAP AND ANNUAL REVIEW AND CER4 TIFICATION ON FUNDING FOR DEVELOP5 MENT OF HYPERSONICS. 

6 Section 218(e)(3) of the John Warner National De7 fense Authorization Act for Fiscal Year 2007 (Public Law 

8 109–364; 120 Stat. 2126; 10 U.S.C. 2358 note) is amend9 ed by striking ‘‘2012’’ and inserting ‘‘2020’’. 

10 Subtitle E—Other Matters 

11 SEC. 261. CONTRACTOR COST-SHARING IN PILOT PROGRAM 

12 TO INCLUDE TECHNOLOGY PROTECTION 

13 FEATURES DURING RESEARCH AND DEVEL14 OPMENT OF CERTAIN DEFENSE SYSTEMS. 

15 Section 243 of the Ike Skelton National Defense Au16 thorization Act for Fiscal Year 2011 (Public Law 111– 

17 383; 124 Stat. 4178; 10 U.S.C. 2358 note) is amended— 

18 (1) by redesignating subsections (b), (c), and 

19 (d) as subsections (c), (d), and (e), respectively; and 

20 (2) by inserting after subsection (a) the fol21 lowing new subsection (b): 

22 ‘‘(b) COST-SHARING.—Any contract for the design or 

23 development of a system resulting from activities under 

24 subsection (a) for the purpose of enhancing or enabling 

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1 ment of program protection strategies for the system, or 

2 (2) for the design and incorporation of exportability fea3 tures into the system shall include a cost-sharing provision 

4 that requires the contractor to bear at least one half of 

5 the cost of such activities.’’. 

6 TITLE III—OPERATION AND 

7 MAINTENANCE 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2012 for the use of the Armed Forces and other 

13 activities and agencies of the Department of Defense for 

14 expenses, not otherwise provided for, for operation and 

15 maintenance, as specified in the funding table in section 

16 4301. 

17 Subtitle B—Energy and 

18 Environmental Provisions 

19 SEC. 311. MODIFICATION OF ENERGY PERFORMANCE 

20 GOALS. 

21 (a) MODIFICATION OF GOALS.—Section 2911(e) of 

22 title 10, United States Code, is amended— 

23 (1) in the subsection heading, by striking 

24 ‘‘GOAL’’ and inserting ‘‘GOALS’’; and 

25 (2) in paragraph (1)— 


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1 (A) by redesignating subparagraphs (A) 

2 and (B) as subparagraphs (D) and (E), respec3 tively; and 

4 (B) by inserting before subparagraph (D), 

5 as redesignated by subparagraph (A) of this 

6 paragraph, the following new subparagraphs: 

7 ‘‘(A) to produce or procure not less than 12 

8 percent of the total quantity of facility energy it con9 sumes within its facilities during each of fiscal years 

10 2015 through 2017 from renewable energy sources; 

11 ‘‘(B) to produce or procure not less than 16 

12 percent of the total quantity of facility energy it con13 sumes within its facilities during each of fiscal years 

14 2018 through 2020 from renewable energy sources; 

15 ‘‘(C) to produce or procure not less than 20 

16 percent of the total quantity of facility energy it con17 sumes within its facilities during each of fiscal years 

18 2021 through 2024 from renewable energy 

19 sources;’’. 

20 (b) INCLUSION OF DIRECT SOLAR AS ENERGY EFFI21 CIENT PRODUCT.—Section 2915(e)(2)(A) of such title is 

22 amended by inserting ‘‘direct solar,’’ after ‘‘Roof-top solar 

23 thermal,’’. 


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1 SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE EN2 VIRONMENTAL PROGRAMS. 

3 (a) IN GENERAL.—Chapter 160 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 2711. Annual report on defense environmental pro7 grams 

8 ‘‘(a) REPORT REQUIRED.—The Secretary of Defense 

9 shall submit to Congress each year, not later than 45 days 

10 after the date on which the President submits to Congress 

11 the budget for a fiscal year, a report on defense environ12 mental programs. Each report shall include: 

13 ‘‘(1) With respect to environmental restoration 

14 activities of the Department of Defense, and for 

15 each of the military departments, the following ele16 ments: 

17 ‘‘(A) Information on the Installation Res18 toration Program, including the following: 

19 ‘‘(i) The total number of sites in the 

20 IRP. 

21 ‘‘(ii) The number of sites in the IRP 

22 that have reached the Remedy in Place 

23 Stage and the Response Complete Stage, 

24 and the change in such numbers in the 

25 preceding calendar year. 


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1 ‘‘(iii) A statement of the amount of 

2 funds allocated by the Secretary for, and 

3 the anticipated progress in implementing, 

4 the environmental restoration program 

5 during the fiscal year for which the budget 

6 is submitted. 

7 ‘‘(iv) The Secretary’s assessment of 

8 the overall progress of the IRP. 

9 ‘‘(B) Information on the Military Muni10 tions Restoration Program (MMRP), including 

11 the following: 

12 ‘‘(i) The total number of sites in the 

13 MMRP. 

14 ‘‘(ii) The number of sites that have 

15 reached the Remedy in Place Stage and 

16 the Response Complete Stage, and the 

17 change in such numbers in the preceding 

18 calendar year. 

19 ‘‘(iii) A statement of the amount of 

20 funds allocated by the Secretary for, and 

21 the anticipated progress in implementing, 

22 the MMRP during the fiscal year for which 

23 the budget is submitted. 

24 ‘‘(iv) The Secretary’s assessment of 

25 the overall progress of the MMRP. 


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1 ‘‘(2) With respect to each of the major activities 

2 under the environmental quality program of the De3 partment of Defense and for each of the military de4 partments— 

5 ‘‘(A) a statement of the amount expended, 

6 or proposed to be expended, during the period 

7 consisting of the four fiscal years preceding the 

8 fiscal year in which the report is submitted, the 

9 fiscal year for which the budget is submitted, 

10 and the fiscal year following the fiscal year for 

11 which the budget is submitted; and 

12 ‘‘(B) an explanation for any significant 

13 change in such amounts during the period cov14 ered. 

15 ‘‘(3) With respect to the environmental tech16 nology program of the Department of Defense— 

17 ‘‘(A) a report on the progress made by in 

18 achieving the objectives and goals of its envi19 ronmental technology program during the pre20 ceding fiscal year and an overall trend analysis 

21 for the program covering the previous four fis22 cal years; and 

23 ‘‘(B) a statement of the amount expended, 

24 or proposed to be expended, during the period 

25 consisting of the four fiscal years preceding the 


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1 fiscal year in which the report is submitted, the 

2 fiscal year for which the budget is submitted, 

3 and the fiscal year following the fiscal year for 

4 which the budget is submitted. 

5 ‘‘(b) DEFINITIONS.—For purposes of this section— 

6 ‘‘(1) the term ‘environmental quality program’ 

7 means a program of activities relating to environ8 mental compliance, conservation, pollution preven9 tion, and other activities relating to environmental 

10 quality as the Secretary may designate; and 

11 ‘‘(2) the term ‘major activities’ with respect to 

12 an environmental program means— 

13 ‘‘(A) environmental compliance activities; 

14 ‘‘(B) conservation activities; and 

15 ‘‘(C) pollution prevention activities.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 2710 the following new 

19 item: 

‘‘2711. Annual report on defense environmental programs.’’. 

20 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 

21 AGENCY OF STIPULATED PENALTIES IN CON22 NECTION WITH JACKSON PARK HOUSING 

23 COMPLEX, WASHINGTON. 

24 (a) AUTHORITY TO TRANSFER FUNDS.— 


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1 (1) TRANSFER AMOUNT.—Using funds de2 scribed in subsection (b) and notwithstanding sec3 tion 2215 of title 10, United States Code, the Sec4 retary of the Navy may transfer not more than 

5 $45,000 to the Hazardous Substance Superfund 

6 Jackson Park Housing Complex, Washington, spe7 cial account. 

8 (2) PURPOSE OF TRANSFER.—The payment 

9 under paragraph (1) is to pay a stipulated penalty 

10 assessed by the Environmental Protection Agency on 

11 October 7, 2009, against the Jackson Park Housing 

12 Complex, Washington, for the failure by the Navy to 

13 submit a draft Final Remedial Investigation/Feasi14 bility Study for the Jackson Park Housing Complex 

15 Operable Unit (OU-3T-JPHC) in accordance with 

16 the requirements of the Interagency Agreement (Ad17 ministrative Docket No. CERCLA-10-2005-0023). 

18 (b) SOURCE OF FUNDS.—Any payment under sub19 section (a) shall be made using funds authorized to be ap20 propriated by section 301 for operation and maintenance 

21 for Environmental Restoration, Navy. 

22 (c) USE OF FUNDS.—The amount transferred under 

23 subsection (a) shall be used by the Environmental Protec24 tion Agency to pay the penalty described under paragraph 

25 (2) of such subsection. 


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1 SEC. 314. REQUIREMENTS RELATING TO AGENCY FOR 

2 TOXIC SUBSTANCES AND DISEASE REGISTRY 

3 INVESTIGATION OF EXPOSURE TO DRINKING 

4 WATER CONTAMINATION AT CAMP LEJEUNE, 

5 NORTH CAROLINA. 

6 (a) LIMITATION ON USE OF FUNDS.—None of the 

7 funds authorized to be appropriated by this Act may be 

8 used to make a final decision on or final adjudication of 

9 any claim filed regarding water contamination at Marine 

10 Corps Base Camp Lejeune unless the Agency for Toxic 

11 Substances and Disease Registry completes all epidemio12 logical and water modeling studies relevant to such con13 tamination that are ongoing as of June 1, 2011, and cer14 tifies the completion of all such studies in writing to the 

15 Committees on Armed Services for the Senate and the 

16 House of Representatives. This provision does not prevent 

17 the use of funds for routine administrative tasks required 

18 to maintain such claims nor does it prohibit the use of 

19 funds for matters pending in Federal court. 

20 (b) RESOLUTION OF CERTAIN DISPUTES.—The Sec21 retary of the Navy shall make every effort to resolve any 

22 dispute arising between the Department of the Navy and 

23 the Agency for Toxic Substances and Disease Registry 

24 that is covered by the Interagency Agreement between the 

25 Department of Health and Human Services Agency for 

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1 ment of the Navy or any successor memorandum of under2 standing and signed agreements not later than 60 days 

3 after the date on which the dispute first arises. In the 

4 event the Secretary is unable to resolve such a dispute 

5 within 60 days, the Secretary shall submit to the congres6 sional defense committees a report on the reasons why an 

7 agreement has not yet been reached, the actions that the 

8 Secretary plans to take to reach agreement, and the sched9 ule for taking such actions. 

10 (c) COORDINATION PRIOR TO RELEASING INFORMA11 TION TO THE PUBLIC.—The Secretary of the Navy shall 

12 make every effort to coordinate with the Agency for Toxic 

13 Substances and Disease Registry on all issues pertaining 

14 to water contamination at Marine Corps Base Camp 

15 Lejeune, and other exposed pathways before releasing any16 thing to the public. 

17 SEC. 315. DISCHARGE OF WASTES AT SEA GENERATED BY 

18 SHIPS OF THE ARMED FORCES. 

19 (a) DISCHARGE RESTRICTIONS FOR SHIPS OF THE

20 ARMED FORCES.—Subsection (b) of section 3 of the Act 

21 to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is 

22 amended to read as follows: 

23 ‘‘(b)(1) Except as provided in paragraph (3), this Act 

24 shall not apply to— 


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1 ‘‘(A) a ship of the Armed Forces described in 

2 paragraph (2); or 

3 ‘‘(B) any other ship specifically excluded by the 

4 MARPOL Protocol or the Antarctic Protocol. 

5 ‘‘(2) A ship described in this paragraph is a ship that 

6 is owned or operated by the Secretary, with respect to the 

7 Coast Guard, or by the Secretary of a military depart8 ment, and that, as determined by the Secretary con9 cerned— 

10 ‘‘(A) has unique military design, construction, 

11 manning, or operating requirements; and 

12 ‘‘(B) cannot fully comply with the discharge re13 quirements of Annex V to the Convention because 

14 compliance is not technologically feasible or would 

15 impair the operations or operational capability of the 

16 ship. 

17 ‘‘(3)(A) Notwithstanding any provision of the 

18 MARPOL Protocol, the requirements of Annex V to the 

19 Convention shall apply to all ships referred to in sub20 section (a) other than those described in paragraph (2). 

21 ‘‘(B) A ship that is described in paragraph (2) shall 

22 limit the discharge into the sea of garbage as follows: 

23 ‘‘(i) The discharge into the sea of plastics, in24 cluding synthetic ropes, synthetic fishing nets, plas25 tic garbage bags, and incinerator ashes from plastic 


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1 products that may contain toxic chemicals or heavy 

2 metals, or the residues thereof, is prohibited. 

3 ‘‘(ii) Garbage consisting of the following mate4 rial may be discharged into the sea, subject to sub5 paragraph (C): 

6 ‘‘(I) A non-floating slurry of seawater, 

7 paper, cardboard, or food waste that is capable 

8 of passing through a screen with openings no 

9 larger than 12 millimeters in diameter. 

10 ‘‘(II) Metal and glass that have been 

11 shredded and bagged (in compliance with clause 

12 (i)) so as to ensure negative buoyancy. 

13 ‘‘(III) With regard to a submersible, non14 plastic garbage that has been compacted and 

15 weighted to ensure negative buoyancy. 

16 ‘‘(IV) Ash from incinerators or other ther17 mal destruction systems not containing toxic 

18 chemicals, heavy metals, or incompletely burned 

19 plastics. 

20 ‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) 

21 may not be discharged within 3 nautical miles of land. 

22 ‘‘(ii) Garbage described in subclauses (II), (III), and 

23 (IV) of subparagraph (B)(ii) may not be discharged within 

24 12 nautical miles of land. 


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1 ‘‘(D) Notwithstanding subparagraph (C), a ship de2 scribed in paragraph (2) that is not equipped with gar3 bage-processing equipment sufficient to meet the require4 ments of subparagraph (B)(ii) may discharge garbage that 

5 has not been processed in accordance with subparagraph 

6 (B)(ii) if such discharge occurs as far as practicable from 

7 the nearest land, but in any case not less than— 

8 ‘‘(i) 12 nautical miles from the nearest land, in 

9 the case of food wastes and non-floating garbage, in10 cluding paper products, cloth, glass, metal, bottles, 

11 crockery, and similar refuse; and 

12 ‘‘(ii) 25 nautical miles from the nearest land, in 

13 the case of all other garbage. 

14 ‘‘(E) This paragraph shall not apply when discharge 

15 of any garbage is necessary for the purpose of securing 

16 the safety of the ship, the health of the ship’s personnel, 

17 or saving life at sea. 

18 ‘‘(F) This paragraph shall not apply during time of 

19 war or a national emergency declared by the President or 

20 Congress.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 3(f) of the 

22 Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) 

23 is amended— 

24 (1) in paragraph (1), by striking ‘‘Annex V to 

25 the Convention on or before the dates referred to in 


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1 subsections (b)(2)(A) and (c)(1)’’ and inserting 

2 ‘‘subsection (b)’’; and 

3 (2) in paragraph (2), by inserting ‘‘and sub4 section (b)(3)(B)(i) of this section’’ after ‘‘Annex V 

5 to the Convention’’. 

6 Subtitle C—Workplace and Depot 

7 Issues 

8 SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN 

9 DEPOTS. 

10 Section 2476 of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a), by striking ‘‘Each fiscal 

13 year, the Secretary of a military department shall 

14 invest’’ and inserting ‘‘Each fiscal year, it shall be 

15 the objective of the Secretary of a military depart16 ment to invest’’; 

17 (2) in subsection (b)— 

18 (A) by striking ‘‘includes investment funds 

19 spent on depot infrastructure, equipment, and 

20 process improvement in direct support’’ and in21 serting ‘‘includes investment funds spent to 

22 modernize or improve the efficiency of depot fa23 cilities, equipment, work environment, or proc24 esses in direct support’’; and 


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1 (B) by adding at the end the following: ‘‘It 

2 does not include funds spent for any other re3 pair or activity to maintain or sustain existing 

4 facilities, infrastructure, or equipment.’’; 

5 (3) in subsection (d)— 

6 (A) by striking ‘‘(1) Not later than’’ and 

7 inserting ‘‘Not later than’’; 

8 (B) by striking ‘‘summarizing the level of 

9 capital investment for each military depart10 ment’’ and inserting ‘‘summarizing the level of 

11 capital investment in the military departments’’; 

12 and 

13 (C) by striking paragraph (2); and 

14 (4) in subsection (e)(1), by adding at the end 

15 the following new subparagraphs: 

16 ‘‘(I) Crane Ammunition Activity, Indiana. 

17 ‘‘(J) McAlester Ammunition Plant, Okla18 homa. 

19 ‘‘(K) Radford Ammunition Plant, Virginia. 

20 ‘‘(L) Lake City Ammunition Plant, Mis21 souri. 

22 ‘‘(M) Holsten Ammunition Plant, Ten23 nessee. 

24 ‘‘(N) Scranton Ammunition Plant, Penn25 sylvania. 


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1 ‘‘(O) Iowa Ammunition Plant, Iowa. 

2 ‘‘(P) Milan Ammunition Plant, Tennessee. 

3 ‘‘(Q) Joint System Manufacturing Center, 

4 Lima Ohio.’’. 

5 SEC. 322. LIMITATION ON REVISING THE DEFINITION OF 

6 DEPOT-LEVEL MAINTENANCE. 

7 (a) LIMITATION.—The Secretary of Defense or any 

8 of the Secretaries of the military departments may not 

9 issue guidance, regulations, policy, or revisions to any De10 partment of Defense or service instructions containing a 

11 revision to the definition of depot-level maintenance unless 

12 the Secretary submits to the congressional defense com13 mittees the report described in subsection (b). 

14 (b) REPORT.—The report referred to in subsection 

15 (a) is a report prepared by the Defense Business Board 

16 regarding the advisability of establishing a single defini17 tion of depot-level maintenance, taking into consider18 ation— 

19 (1) the total industrial capacity, both in the pri20 vate sector industry and in the depots; 

21 (2) the importance of establishing requirements 

22 and allocating workload on the basis of sound busi23 ness case analyses; and 

24 (3) establishing transparency and accountability 

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1 ments and in the allocation of workload under the 

2 requirements in section 2466 of title 10, United 

3 States Code. 

4 SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILI5 TIES AS CENTERS OF INDUSTRIAL AND TECH6 NICAL EXCELLENCE. 

7 Section 2474(a)(1) of title 10, United States Code, 

8 is amended by inserting ‘‘and may designate any military 

9 industrial facility’’ after ‘‘shall designate each depot-level 

10 activity’’. 

11 SEC. 324. REPORT ON DEPOT-LEVEL MAINTENANCE AND 

12 RECAPITALIZATION OF CERTAIN PARTS AND 

13 EQUIPMENT. 

14 (a) REPORT REQUIRED.—Not later than 90 days 

15 after the date of the enactment of this Act, the Director 

16 of the Defense Logistics Agency (DLA), in consultation 

17 with the military departments, shall submit to the congres18 sional defense committees a report on the status of the 

19 DLA Joint Logistics Operations Center’s Drawdown, Ret20 rograde and Reset Program for the equipment from Iraq 

21 and Afghanistan and the status of the overall supply chain 

22 management for depot-level activities. 

23 (b) ELEMENTS.—The report required under sub24 section (a) shall include the following elements: 


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1 (1) An assessment of the number of backlogged 

2 parts for critical warfighter needs, an explanation of 

3 why those parts became backlogged, and an estimate 

4 of when the backlog is likely to be fully addressed. 

5 (2) A review of critical warfighter requirements 

6 that are being impacted by a lack of supplies and 

7 parts and an explanation of steps that the Director 

8 plans to take to meet the demand requirements of 

9 the military departments. 

10 (3) An assessment of the feasibility and advis11 ability of working with outside commercial partners 

12 to utilize flexible and efficient turn-key rapid pro13 duction systems to meet rapidly emerging warfighter 

14 requirements. 

15 (4) A review of plans to further consolidate the 

16 ordering and stocking of parts and supplies from the 

17 military departments at depots under the control of 

18 the Defense Logistics Agency. 

19 (c) FLEXIBLE AND EFFICIENT TURN-KEY RAPID

20 PRODUCTION SYSTEMS DEFINED.—For the purposes of 

21 this section, flexible and efficient turn-key rapid produc22 tion systems are systems that have demonstrated the ca23 pability to reduce the costs of parts, improve manufac24 turing efficiency, and have the following unique features: 


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1 (1) VIRTUAL AND FLEXIBLE.—Systems that 

2 provide for flexibility to rapidly respond to requests 

3 for low-volume or high-volume machined parts and 

4 surge demand by accessing the full capacity of 

5 small- and medium-sized manufacturing commu6 nities in the United States. 

7 (2) SPEED TO MARKET.—Systems that provide 

8 for flexibility that allows rapid introduction of sub9 assemblies for new parts and weapons systems to 

10 the warfighter. 

11 (3) RISK MANAGEMENT.—Systems that provide 

12 for the electronic archiving and updating of turn-key 

13 rapid production packages to provide insurance to 

14 the Department of Defense that parts will be avail15 able if there is a supply chain disruption. 

16 Subtitle D—Reports 

17 SEC. 331. STUDY ON AIR FORCE TEST AND TRAINING 

18 RANGE INFRASTRUCTURE. 

19 (a) STUDY.— 

20 (1) IN GENERAL.—The Secretary of the Air 

21 Force shall conduct a study on the ability of the 

22 major air test and training range infrastructure, in23 cluding major military operating area airspace and 

24 special use airspace, to support the full spectrum of 

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1 porate the results of the study into a master plan 

2 for requirements and proposed investments to meet 

3 Air Force training and test needs through 2025. 

4 The study and the master plan shall be known as 

5 the ‘‘2025 Air Test and Training Range Enhance6 ment Plan’’. 

7 (2) CONSULTATION.—The Secretary of the Air 

8 Force shall, in conducting the study required under 

9 paragraph (1), consult with the Secretaries of the 

10 other military departments to determine opportuni11 ties for joint use and training of the ranges, and to 

12 assess the requirements needed to support combined 

13 arms training on the ranges. The Secretary shall 

14 also consult with the Department of the Interior, the 

15 Department of Agriculture, the Federal Aviation Ad16 ministration, the Federal Energy Regulation Com17 mission, and the Department of Energy to assess 

18 the need for transfers of administrative control of 

19 certain parcels of airspace and land to the Depart20 ment of Defense to protect the missions and control 

21 of the ranges. 

22 (3) CONTINUATION OF RANGE INFRASTRUC23 TURE IMPROVEMENTS.—The Secretary of the Air 

24 Force may proceed with all ongoing and scheduled 


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1 range infrastructure improvements while conducting 

2 the study required under paragraph (1). 

3 (b) REPORTS.— 

4 (1) IN GENERAL.—The Secretary of the Air 

5 Force shall submit to the congressional defense com6 mittees an interim report and a final report on the 

7 plan to meet the requirements under subsection (a) 

8 not later than one year and two years, respectively, 

9 after the date of the enactment of this Act. 

10 (2) CONTENT.—The plan submitted under 

11 paragraph (1) shall— 

12 (A) document the current condition and 

13 adequacy of the major Air Force test and train14 ing range infrastructure in the United States to 

15 meet test and training requirements; 

16 (B) identify potential areas of concern for 

17 maintaining the physical safety, security, and 

18 current operating environment of such infra19 structure; 

20 (C) identify potential issues and threats re21 lated to the sustainability of the test and train22 ing infrastructure, including electromagnetic 

23 spectrum encroachment, overall bandwidth 

24 availability, and protection of classified infor25 mation; 


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1 (D) assess coordination among ranges and 

2 local, state, regional, and Federal entities in3 volved in land use planning, and develop rec4 ommendations on how to improve communica5 tion and coordination of such entities; 

6 (E) propose remedies and actions to man7 age economic development on private lands on 

8 or surrounding the test and training infrastruc9 ture to preserve current capabilities; 

10 (F) identify critical parcels of land not cur11 rently under the control of the Air Force for ac12 quisition of deed or restrictive easements in 

13 order to protect current operations, access and 

14 egress corridors, and range boundaries, or to 

15 expand the capability of the air test and train16 ing ranges; 

17 (G) identify which parcels identified pursu18 ant to subparagraph (F) could, through the ac19 quisition of conservation easements, serve mili20 tary interests while also preserving recreational 

21 access to public and private lands, protecting 

22 wildlife habitat, or preserving opportunities for 

23 energy development and energy transmission; 

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1 nology supporting the infrastructure in order to 

2 provide a test and training environment that 

3 accurately simulates and or portrays the full 

4 spectrum of threats and targets of likely United 

5 States adversaries in 2025; 

6 (I) incorporate emerging requirements gen7 erated by requirements for virtual training and 

8 new weapon systems, including the F–22, the 

9 F–35, space and cyber systems, and Remotely 

10 Piloted Aircraft; 

11 (J) assess the value of State and local leg12 islative initiatives to protect Air Force test and 

13 training range infrastructure; 

14 (K) identify parcels with no value to future 

15 military operations; and 

16 (L) propose a list of prioritized projects, 

17 easements, acquisitions, or other actions, in18 cluding estimated costs required to upgrade the 

19 test and training range infrastructure, taking 

20 into consideration the criteria set forth in this 

21 paragraph. 

22 (3) FORM.—Each report required under this 

23 subsection shall be submitted in unclassified form, 

24 but may include a classified annex as necessary. 


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1 (4) RULE OF CONSTRUCTION.—The reports 

2 submitted under this section shall not be construed 

3 as meeting the requirements of section 2815(d) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (Public Law 106–65; 113 Stat. 852). 

6 SEC. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE 

7 FOR SPECIAL OPERATIONS FORCES. 

8 (a) STUDY.— 

9 (1) IN GENERAL.—The Commander of the 

10 United States Special Operations Command shall 

11 conduct a study on the ability of existing training 

12 ranges used by special operations forces, including 

13 military operating area airspace and special use air14 space, to support the full spectrum of missions and 

15 operations assigned to special operations forces. 

16 (2) CONSULTATION.—The Commander shall, in 

17 conducting the study required under paragraph (1), 

18 consult with the Secretaries of the military depart19 ments, the Office of the Secretary of Defense, and 

20 the Joint Staff on— 

21 (A) procedures and priorities for joint use 

22 and training on ranges operated by the military 

23 services, and to assess the requirements needed 

24 to support combined arms training on the 

25 ranges; and 


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1 (B) requirements and proposed invest2 ments to meet special operations training re3 quirements through 2025. 

4 (b) REPORTS.— 

5 (1) IN GENERAL.—Not later than one year 

6 after the date of the enactment of this Act, the 

7 Commander shall submit to the congressional de8 fense committees a report on the plan to meet the 

9 requirements under subsection (a). 

10 (2) CONTENT.—The study submitted under 

11 paragraph (1) shall— 

12 (A) assess the current condition and ade13 quacy of, and access to, all existing training 

14 ranges in the United States used by special op15 erations forces; 

16 (B) identify potential areas of concern for 

17 maintaining the physical safety, security, and 

18 current operating environment of ranges used 

19 by special operations forces; 

20 (C) identify issues and challenges related 

21 to the availability and sustainability of the ex22 isting training ranges used by special operations 

23 forces, including support of a full spectrum of 

24 operations and protection of classified missions 

25 and tactics; 


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1 (D) assess coordination among ranges and 

2 local, State, regional, and Federal entities in3 volved in land use planning and the protection 

4 of ranges from encroachment; 

5 (E) propose remedies and actions to ensure 

6 consistent and prioritized access to existing 

7 ranges; 

8 (F) prioritize improvements and mod9 ernization of the facilities, equipment, and tech10 nology supporting the ranges in order to ade11 quately simulate the full spectrum of threats 

12 and contingencies for special operations forces; 

13 and 

14 (G) propose a list of prioritized projects, 

15 easements, acquisitions, or other actions, in16 cluding estimated costs required to upgrade 

17 training range infrastructure. 

18 (3) FORM.—Each report required under this 

19 subsection shall be submitted in unclassified form, 

20 but may include a classified annex as necessary. 


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1 SEC. 333. GUIDANCE TO ESTABLISH NON-TACTICAL 

2 WHEELED VEHICLE AND EQUIPMENT SERV3 ICE LIFE EXTENSION PROGRAMS TO ACHIEVE 

4 COST SAVINGS. 

5 Not later than 270 days after the date of the enact6 ment of this Act, the Secretary of Defense shall conduct 

7 a survey of the quantity and condition of each class of 

8 non-tactical wheeled vehicles and base-level commercial 

9 equipment in the fleets of the military departments and 

10 report to the congressional defense committees on the ad11 visability of establishing service life extension programs 

12 for such classes of vehicles. 

13 SEC. 334. MODIFIED DEADLINE FOR ANNUAL REPORT ON 

14 BUDGET SHORTFALLS FOR IMPLEMENTA15 TION OF OPERATIONAL ENERGY STRATEGY. 

16 Section 138c(e)(4) of title 10, United States Code, 

17 as transferred and redesignated by section 901(b)(7) of 

18 the Ike Skelton National Defense Authorization Act for 

19 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4320), 

20 is amended— 

21 (1) by striking ‘‘10 days after the date on 

22 which the budget for a fiscal year is submitted pur23 suant to section 1105 of title 31’’ and inserting 

24 ‘‘March 31 each year, beginning March 31, 2012’’; 

25 and 


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1 (2) by striking ‘‘for that fiscal year’’ and insert2 ing ‘‘for the fiscal year beginning in that calendar 

3 year’’. 

4 Subtitle E—Other Matters 

5 SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUS6 TRIAL FACILITIES TO ENTER INTO COOPERA7 TIVE AGREEMENTS WITH NON-ARMY ENTI8 TIES. 

9 (a) EXTENSION OF AUTHORITY.—Section 4544 of 

10 title 10, United States Code, is amended— 

11 (1) in subsection (a), by striking ‘‘enter into 

12 not more than eight contracts or cooperative agree13 ments’’ and all that follows through the period at 

14 the end and inserting ‘‘enter into not more than 15 

15 contracts or cooperative agreements in any fiscal 

16 year.’’; and 

17 (2) in subsection (k), by striking ‘‘September 

18 30, 2014’’ and inserting ‘‘September 30, 2025’’. 

19 (b) APPROVAL AUTHORITY.—Subsection (f) of such 

20 section is amended by striking ‘‘exercised at the level of 

21 the commander of the major subordinate command’’ and 

22 all that follows through ‘‘The commander may approve’’ 

23 and inserting ‘‘exercised at the level of the Commander 

24 of Army Materiel Command. The Commander may ap25 prove’’. 


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1 SEC. 342. WORKING-CAPITAL FUND ACCOUNTING. 

2 Section 2208(k) of title 10, United States Code, is 

3 amended by adding at the end the following new para4 graph: 

5 ‘‘(3) All capital assets financed by a working-capital 

6 fund and subject to paragraph (2) shall be capitalized and 

7 depreciated for budgeting, rate setting, and financial ac8 counting purposes. Procurements not subject to paragraph 

9 (2) shall be immediately expensed and shall not be capital10 ized or depreciated in financial accounting records or re11 ported on financial statements as an asset.’’. 

12 SEC. 343. COMMERCIAL SALE OF SMALL ARMS AMMUNI13 TION AND SMALL ARMS AMMUNITION COM14 PONENTS IN EXCESS OF MILITARY REQUIRE15 MENTS, AND FIRED CARTRIDGE CASES. 

16 Section 346 of the Ike Skelton National Defense Au17 thorization Act for Fiscal Year 2011 (Public Law 111– 

18 383; 124 Stat. 4191; 10 U.S.C. 2576 note) is amended 

19 to read as follows: 

20 ‘‘SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNI21 TION AND SMALL ARMS AMMUNITION COM22 PONENTS IN EXCESS OF MILITARY REQUIRE23 MENTS, AND FIRED CARTRIDGE CASES. 

24 ‘‘(a) COMMERCIAL SALE OF SMALL ARMS AMMUNI25 TION, SMALL AMMUNITION COMPONENTS, AND FIRED

26 CARTRIDGE CASES.—Small arms ammunition and small 


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1 ammunition components which are in excess of military 

2 requirements, and intact fired small arms cartridge cases 

3 shall be made available for commercial sale. Such small 

4 arms ammunition, small arms ammunition components, 

5 and intact fired cartridge cases shall not be demilitarized, 

6 destroyed, or disposed of, unless in excess of commercial 

7 demands or certified by the Secretary of Defense as un8 serviceable or unsafe. This provision shall not apply to am9 munition, ammunition components, or fired cartridge 

10 cases stored or expended outside the continental United 

11 States (OCONUS). 

12 ‘‘(b) DEADLINE FOR GUIDANCE.—Not later than 90 

13 days after the date of the enactment of the National De14 fense Authorization Act for Fiscal Year 2012, the Sec15 retary of Defense shall issue guidance to ensure compli16 ance with subsection (a). Not later than 15 days after 

17 issuing such guidance, the Secretary shall submit to the 

18 congressional defense committees a letter of compliance 

19 providing notice of such guidance. 

20 ‘‘(c) PREFERENCE.—No small arms ammunition or 

21 small arms ammunition components in excess of military 

22 requirements, or fired small arms cartridge cases may be 

23 made available for commercial sale under this section be24 fore such ammunition and ammunition components are of25 fered for transfer or purchase, as authorized by law, to 


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1 another Federal department or agency or for sale to State 

2 and local law enforcement, firefighting, homeland security, 

3 and emergency management agencies pursuant to section 

4 2576 of title 10, United States Code, as amended by this 

5 Act. 

6 ‘‘(d) SALES CONTROLS.—All small arms ammunition 

7 and small arms ammunition components, and fired small 

8 arms cartridge cases made available for commercial sale 

9 under this section shall be subject to all explosives safety 

10 and trade security controls in effect at the time of sale. 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) SMALL ARMS AMMUNITION.—The term 

13 ‘small arms ammunition’ means ammunition or ord14 nance for firearms up to and including .50 caliber 

15 and for shotguns. 

16 ‘‘(2) SMALL ARMS AMMUNITION COMPO17 NENTS.—The term ‘small arms ammunition compo18 nents’ means components, parts, accessories, and at19 tachments associated with small arms ammunition. 

20 ‘‘(3) FIRED CARTRIDGE CASES.—The term 

21 ‘fired cartridge cases’ means expended small arms 

22 cartridge cases (ESACC).’’. 


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1 SEC. 344. AUTHORITY TO ACCEPT CONTRIBUTIONS OF 

2 FUNDS TO STUDY OPTIONS FOR MITIGATING 

3 ADVERSE EFFECTS OF PROPOSED OBSTRUC4 TIONS ON MILITARY INSTALLATIONS. 

5 Section 358(g) of the Ike Skelton National Defense 

6 Authorization Act for Fiscal Year 2011 (Public Law 111– 

7 383; 124 Stat. 4201; 10 U.S.C. 44718 note) is amended 

8 by amending the second sentence to read as follows: 

9 ‘‘Amounts so accepted shall be and will remain available 

10 until expended for the purpose of offsetting the cost of 

11 measures undertaken by the Secretary of Defense to miti12 gate adverse impacts of such project on military oper13 ations and readiness and the cost of studying options for 

14 mitigating such adverse impacts.’’. 

15 SEC. 345. UTILITY DISRUPTIONS TO MILITARY INSTALLA16 TIONS. 

17 (a) POLICY.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Defense 

19 shall develop guidance for commanders of military instal20 lations inside the United States on planning measures to 

21 minimize the effects in the event of a disruption of services 

22 by a utility that sells natural gas, water, or electric energy 

23 to a military installation in the United States. 

24 (b) INSTALLATION PLANS.—The guidance developed 

25 pursuant to subsection (a) shall require that, subject to 

26 such exceptions as the Secretary may determine to be apVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 propriate, commanders of military installations inside the 

2 United States develop appropriate action plans to mini3 mize the effects of events described in subsection (a). 

4 (c) COMPTROLLER GENERAL REPORT.—Not later 

5 than 2 years after the date of the enactment of this Act, 

6 the Comptroller General of the United States shall review 

7 the actions taken pursuant to this section and submit to 

8 Congress a report on the guidance developed pursuant to 

9 subsection (a), the plans developed pursuant to subsection 

10 (b), and any additional measures that may be needed to 

11 minimize the effects of an unplanned disruption of services 

12 by utilities as described in subsection (a). 

13 TITLE IV—MILITARY 

14 PERSONNEL AUTHORIZATIONS 

15 Subtitle A—Active Forces 

16 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

17 The Armed Forces are authorized strengths for active 

18 duty personnel as of September 30, 2012, as follows: 

19 (1) The Army, 562,000. 

20 (2) The Navy, 325,700. 

21 (3) The Marine Corps, 202,100. 

22 (4) The Air Force, 332,800. 


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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2012, as follows: 

6 (1) The Army National Guard of the United 

7 States, 358,200. 

8 (2) The Army Reserve, 205,000. 

9 (3) The Navy Reserve, 66,200. 

10 (4) The Marine Corps Reserve, 39,600. 

11 (5) The Air National Guard of the United 

12 States, 106,700. 

13 (6) The Air Force Reserve, 71,400. 

14 (7) The Coast Guard Reserve, 10,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 


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1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve of any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2012, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 32,060. 

23 (2) The Army Reserve, 16,261. 

24 (3) The Navy Reserve, 10,688. 

25 (4) The Marine Corps Reserve, 2,261. 


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1 (5) The Air National Guard of the United 

2 States, 14,584. 

3 (6) The Air Force Reserve, 2,992. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2012 for the re8 serve components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

11 (1) For the Army Reserve, 8,395. 

12 (2) For the Army National Guard of the United 

13 States, 27,210. 

14 (3) For the Air Force Reserve, 10,720. 

15 (4) For the Air National Guard of the United 

16 States, 22,394. 

17 SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.— 

20 (1) NATIONAL GUARD.—Within the limitation 

21 provided in section 10217(c)(2) of title 10, United 

22 States Code, the number of non-dual status techni23 cians employed by the National Guard as of Sep24 tember 30, 2012, may not exceed the following: 


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1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2012, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2012, may not exceed 

11 90. 

12 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

13 this section, the term ‘‘non-dual status technician’’ has the 

14 meaning given that term in section 10217(a) of title 10, 

15 United States Code. 

16 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU17 THORIZED TO BE ON ACTIVE DUTY FOR 

18 OPERATIONAL SUPPORT. 

19 During fiscal year 2012, the maximum number of 

20 members of the reserve components of the Armed Forces 

21 who may be serving at any time on full-time operational 

22 support duty under section 115(b) of title 10, United 

23 States Code, is the following: 

24 (1) The Army National Guard of the United 

25 States, 17,000. 


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1 (2) The Army Reserve, 13,000. 

2 (3) The Navy Reserve, 6,200. 

3 (4) The Marine Corps Reserve, 3,000. 

4 (5) The Air National Guard of the United 

5 States, 16,000. 

6 (6) The Air Force Reserve, 14,000. 

7 Subtitle C—Authorization of 

8 Appropriations 

9 SEC. 421. MILITARY PERSONNEL. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 hereby authorized to be appropriated for military per12 sonnel for fiscal year 2012 a total of $142,448,228,000. 

13 (b) CONSTRUCTION OF AUTHORIZATION.—The au14 thorization of appropriations in subsection (a) supersedes 

15 any other authorization of appropriations (definite or in16 definite) for such purpose for fiscal year 2012. 

17 TITLE V—MILITARY PERSONNEL 

18 POLICY 

19 Subtitle A—Officer Personnel 

20 Policy Generally 

21 SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MA22 RINE CORPS OFFICERS ON ACTIVE DUTY. 

23 Section 523(a)(1) of title 10, United States Code, is 

24 amended by striking those parts of the table pertaining 

25 to the Marine Corps and inserting the following: 


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‘‘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’’. 

1 SEC. 502. VOLUNTARY RETIREMENT INCENTIVE. 

2 (a) IN GENERAL.—Chapter 36 of title 10, United 

3 States Code, is amended by inserting after section 638a 

4 the following new section: 

5 ‘‘§ 638b. Voluntary retirement incentive 

6 ‘‘(a) INCENTIVE FOR VOLUNTARY RETIREMENT FOR

7 CERTAIN OFFICERS.—The Secretary of Defense may au8 thorize the Secretary of a military department to provide 

9 a voluntary retirement incentive payment in accordance 

10 with this section to an officer of the armed forces under 

11 that Secretary’s jurisdiction who is specified in subsection 

12 (b) as being eligible for such a payment. Any such author13 ity provided the Secretary of a military department under 

14 the preceding sentence shall expire as specified by the Sec15 retary of Defense, but not later than December 31, 2018. 

16 ‘‘(b) ELIGIBLE OFFICERS.—(1) Except as provided 

17 in paragraph (2), an officer of the armed forces is eligible 

18 for a voluntary retirement incentive payment under this 

19 section if the officer— 


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1 ‘‘(A) has served on active duty for more than 

2 20 years, but not more than 29 years, on the ap3 proved date of retirement; 

4 ‘‘(B) meets the minimum length of commis5 sioned service requirement for voluntary retirement 

6 as a commissioned officer in accordance with section 

7 3911, 6323, or 8911 of this title, as applicable to 

8 that officer; 

9 ‘‘(C) on the approved date of retirement, has 12 

10 months or more remaining on active-duty service be11 fore reaching the maximum retirement years of ac12 tive service for the member’s grade as specified in 

13 section 633 or 634 of this title; 

14 ‘‘(D) on the approved date of retirement, has 

15 12 months or more remaining on active-duty service 

16 before reaching the maximum retirement age under 

17 any other provision of law; and 

18 ‘‘(E) meets any additional requirements for 

19 such eligibility as is specified by the Secretary con20 cerned, including any requirement relating to years 

21 of service, skill rating, military specialty or competi22 tive category, grade, any remaining period of obli23 gated service, or any combination thereof. 

24 ‘‘(2) The following officers are not eligible for a vol25 untary retirement incentive payment under this section: 


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1 ‘‘(A) An officer being evaluated for disability 

2 under chapter 61 of this title. 

3 ‘‘(B) An officer projected to be retired under 

4 section 1201 or 1204 of this title. 

5 ‘‘(C) An officer projected to be discharged with 

6 disability severance pay under section 1212 of this 

7 title. 

8 ‘‘(D) A member transferred to the temporary 

9 disability retired list under section 1202 or 1205 of 

10 this title. 

11 ‘‘(E) An officer subject to pending disciplinary 

12 action or subject to administrative separation or 

13 mandatory discharge under any other provision of 

14 law or regulation. 

15 ‘‘(c) AMOUNT OF PAYMENT.—The amount of the vol16 untary retirement incentive payment paid an officer under 

17 this section shall be an amount determined by the Sec18 retary concerned, but not to exceed an amount equal to 

19 12 times the amount of the officer’s monthly basic pay 

20 at the time of the officer’s retirement. The amount may 

21 be paid in a lump sum at the time of retirement. 

22 ‘‘(d) REPAYMENT FOR MEMBERS WHO RETURN TO

23 ACTIVE DUTY.—(1) Except as provided in paragraph (2), 

24 a member of the armed forces who, after having received 

25 all or part of a voluntary retirement incentive under this 


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1 section, returns to active duty shall have deducted from 

2 each payment of basic pay, in such schedule of monthly 

3 installments as the Secretary concerned shall specify, until 

4 the total amount deducted from such basic pay equals the 

5 total amount of voluntary retirement incentive received. 

6 ‘‘(2) Members who are involuntarily recalled to active 

7 duty or full-time National Guard duty under any provision 

8 of law shall not be subject to this subsection. 

9 ‘‘(3) The Secretary of Defense may waive, in whole 

10 or in part, repayment required under paragraph (1) if the 

11 Secretary determines that recovery would be against eq12 uity and good conscience or would be contrary to the best 

13 interest of the United States. The authority in this para14 graph may be delegated only to the Under Secretary of 

15 Defense for Personnel and Readiness and the Principal 

16 Deputy Under Secretary of Defense of Personnel and 

17 Readiness.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of subchapter IV of chapter 36 of such 

20 title is amended by inserting after the item relating to sec21 tion 638a the following new item: 

‘‘638b. Voluntary retirement incentive.’’. 

22 SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACE23 MENT WAIVER. 

24 (a) WAIVER AUTHORITY FOR OFFICERS NOT DES25 IGNATED AS JOINT QUALIFIED OFFICERS.—Subsection 


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1 (b) of section 663 of title 10, United States Code, is 

2 amended— 

3 (1) in paragraph (1), by inserting after ‘‘to a 

4 joint duty assignment’’ the following: ‘‘(or, as au5 thorized by the Secretary in an individual case, to a 

6 joint assignment other than a joint duty assign7 ment)’’; and 

8 (2) in paragraph (2)— 

9 (A) by striking ‘‘the joint duty assign10 ment’’ and inserting ‘‘the assignment’’; and 

11 (B) by striking ‘‘a joint duty assignment’’ 

12 and inserting ‘‘such an assignment’’. 

13 (b) EXCEPTION.—Such section is further amended by 

14 adding at the end the following new subsection: 

15 ‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM

16 OTHER-THAN-IN-RESIDENCE PROGRAMS.—(1) Subsection 

17 (a) does not apply to an officer graduating from a school 

18 within the National Defense University specified in sub19 section (c) following pursuit of a program on an other20 than-in-residence basis. 

21 ‘‘(2) Subsection (b) does not apply with respect to 

22 any group of officers graduating from a school within the 

23 National Defense University specified in subsection (c) fol24 lowing pursuit of a program on an other-than-in-residence 

25 basis.’’. 


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1 SEC. 504. MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY 

2 ASSIGNMENT’’ TO INCLUDE ALL INSTRUCTOR 

3 ASSIGNMENTS FOR JOINT TRAINING AND 

4 EDUCATION. 

5 Section 668(b)(1)(B) of title 10, United States Code, 

6 is amended by striking ‘‘assignments for joint’’ and all 

7 that follows through ‘‘Phase II’’ and inserting ‘‘student 

8 assignments for joint training and education’’. 

9 Subtitle B—Reserve Component 

10 Management 

11 SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF 

12 MEMBERS OF THE SELECTED RESERVE AND 

13 CERTAIN MEMBERS OF THE INDIVIDUAL 

14 READY RESERVE FOR PREPLANNED MIS15 SIONS. 

16 (a) AUTHORITY.— 

17 (1) IN GENERAL.—Chapter 1209 of title 10, 

18 United States Code, is amended by inserting after 

19 section 12304 the following new section: 

20 ‘‘§ 12304a. Selected Reserve and certain Individual 

21 Ready Reserve members: order to active 

22 duty for preplanned missions 

23 ‘‘(a) AUTHORITY.—When the Secretary of a military 

24 department determines that it is necessary to augment the 

25 active forces for a preplanned mission, the Secretary may, 

26 subject to subsection (b), order any unit, and any member 


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1 not assigned to a unit organized to serve as a unit, of 

2 the Selected Reserve (as defined in section 10143(a) of 

3 this title), or any member in the Individual Ready Reserve 

4 mobilization category and designated as essential under 

5 regulations prescribed by the Secretary, under the juris6 diction of the Secretary, without the consent of the mem7 bers, to active duty for not more than 365 consecutive 

8 days. 

9 ‘‘(b) LIMITATIONS.—(1) Units or members may be 

10 ordered to active duty under this section only if— 

11 ‘‘(A) the manpower and associated costs of such 

12 active duty are specifically included and identified in 

13 the defense budget materials for the fiscal year or 

14 years in which such units or members are antici15 pated to be ordered to active duty; and 

16 ‘‘(B) the budget information on such costs in17 cludes a description of the mission for which such 

18 units or members are anticipated to be ordered to 

19 active duty and the anticipated length of time of the 

20 order of such units or members to active duty on an 

21 involuntary basis. 

22 ‘‘(2) Not more than 60,000 members of the reserve 

23 components of the armed forces may be on active duty 

24 under this section at any one time. 


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1 ‘‘(c) EXCLUSION FROM STRENGTH LIMITATIONS.— 

2 Members ordered to active duty under this section shall 

3 not be counted in computing authorized strength in mem4 bers on active duty or total number of members in grade 

5 under this title or any other law. 

6 ‘‘(d) NOTICE TO CONGRESS.—Whenever the Sec7 retary of a military department orders any unit or member 

8 of the Selected Reserve or Individual Ready Reserve to 

9 active duty under subsection (a), such Secretary shall sub10 mit to Congress a report, in writing, setting forth the cir11 cumstances necessitating the action taken under this sec12 tion and describing the anticipated use of such units or 

13 members. 

14 ‘‘(e) TERMINATION OF DUTY.—Whenever any unit of 

15 the Selected Reserve or any member of the Selected Re16 serve not assigned to a unit organized to serve as a unit, 

17 or any member of the Individual Ready Reserve, is ordered 

18 to active duty under subsection (a), the service of all units 

19 or members so ordered to active duty may be terminated 

20 by— 

21 ‘‘(1) order of the Secretary of the military de22 partment concerned, or 

23 ‘‘(2) law. 

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1 strued as amending or limiting the application of the pro2 visions of the War Powers Resolution (50 U.S.C. 1541 et 

3 seq.). 

4 ‘‘(g) CONSIDERATIONS FOR INVOLUNTARY ORDER TO

5 ACTIVE DUTY.—In determining which members of the Se6 lected Reserve and the Individual Ready Reserve will be 

7 ordered to duty without their consent under this section, 

8 appropriate consideration shall be given to— 

9 ‘‘(1) the length and nature of previous service, 

10 to assure such sharing of exposure to hazards as the 

11 national security and military requirements will rea12 sonably allow; 

13 ‘‘(2) the frequency of assignments during serv14 ice career; 

15 ‘‘(3) family responsibilities; and 

16 ‘‘(4) employment necessary to maintain the na17 tional health, safety, or interest. 

18 ‘‘(h) POLICIES AND PROCEDURES.—The Secretaries 

19 of the military departments shall prescribe policies and 

20 procedures to carry out this section, including on deter21 minations of orders to active duty under subsection (g). 

22 Such policies and procedures shall not go into effect until 

23 approved by the Secretary of Defense. 

24 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘defense budget materials’ has 

2 the meaning given that term in section 231(d)(2) of 

3 this title. 

4 ‘‘(2) The term ‘Individual Ready Reserve mobi5 lization category’ means, in the case of any reserve 

6 component, the category of the Individual Ready Re7 serve described in section 10144(b) of this title.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 1209 of such title 

10 is amended by inserting after the item relating to 

11 section 12304 the following new item: 

‘‘12304a. Selected Reserve and certain Individual Ready Reserve members: 

order to active duty for preplanned missions.’’. 

12 (b) CLARIFYING AMENDMENTS RELATING TO AU13 THORITY TO ORDER ACTIVE DUTY OTHER THAN DURING

14 WAR OR NATIONAL EMERGENCY.—Section 12304(a) of 

15 such title is amended— 

16 (1) by inserting ‘‘named’’ before ‘‘operational 

17 mission’’; and 

18 (2) by striking ‘‘365 days’’ and inserting ‘‘365 

19 consecutive days’’. 


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1 SEC. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDER2 ATION FOR PROMOTION FOR CERTAIN RE3 SERVE OFFICERS EMPLOYED AS MILITARY 

4 TECHNICIANS (DUAL STATUS). 

5 Section 14301 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(i) CERTAIN RESERVE OFFICERS.—A reserve offi9 cer who is employed as military technician (dual status) 

10 under section 10216 of this title, and who has been re11 tained beyond the mandatory removal date for years of 

12 service under section 10216(f) or 14702(a)(2) of this title, 

13 is not eligible for consideration for promotion by a manda14 tory promotion board convened under section 14101(a) of 

15 this title.’’. 

16 SEC. 513. MODIFICATION OF TIME IN WHICH 

17 PRESEPARATION COUNSELING MUST BE 

18 PROVIDED TO RESERVE COMPONENT MEM19 BERS BEING DEMOBILIZED. 

20 Section 1142(a)(3)(B) of title 10, United States 

21 Code, is amended by inserting ‘‘or in the event a member 

22 of a reserve component is being demobilized under cir23 cumstances in which (as determined by the Secretary con24 cerned) operational requirements make the 90-day re25 quirement under subparagraph (A) unfeasible,’’ after ‘‘or 

26 separation date,’’. 


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1 SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNI2 CIAN AS A DISTINCT PERSONNEL MANAGE3 MENT CATEGORY. 

4 (a) INDEPENDENT STUDY REQUIRED.—The Sec5 retary of Defense shall conduct an independent study of 

6 the feasibility and advisability of terminating the military 

7 technician as a distinct personnel management category 

8 of the Department of Defense. 

9 (b) ELEMENTS.—In conducting the study required by 

10 subsection (a), the Secretary shall— 

11 (1) identify various options for deploying units 

12 of the Selected Reserve of the Ready Reserve that 

13 otherwise use military technicians through use of a 

14 combination of active duty personnel, reserve compo15 nent personnel, State civilian employees, and Fed16 eral civilian employees in a manner that meets mis17 sion requirements without harming unit readiness; 

18 (2) identify various means for the management 

19 by the Department of the transition of military tech20 nicians to a system that relies on traditional per21 sonnel categories of active duty personnel, reserve 

22 component personnel, and civilian personnel, and for 

23 the management of any effects of that transition on 

24 the pay and benefits of current military technicians 

25 (including means for mitigating or avoiding such ef26 fects in the course of such transition); 


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1 (3) determine whether military technicians who 

2 are employed at the commencement of the transition 

3 described in paragraph (2) should remain as techni4 cians, whether with or without a military status, 

5 until separation or retirement, rather than 

6 transitioned to such a traditional personnel category; 

7 (4) identify and take into account the unique 

8 needs of the National Guard in the management and 

9 use of military technicians; 

10 (5) determine potential cost savings, if any, to 

11 be achieved as a result of the transition described in 

12 paragraph (2), including savings in long-term man13 datory entitlement costs associated with military and 

14 civil service retirement obligations; 

15 (6) develop a recommendation on the feasibility 

16 and advisability of terminating the military techni17 cian as a distinct personnel management category, 

18 and, if the termination is determined to be feasible 

19 and advisable, develop recommendations for appro20 priate legislative and administrative action to imple21 ment the termination; and 

22 (7) address any other matter relating to the 

23 management and long-term viability of the military 

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1 egory that the Secretary shall specify for purposes of 

2 the study. 

3 (c) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, the Secretary shall submit 

5 to the congressional defense committees a report on the 

6 study required by subsection (a). The report shall set forth 

7 the results of the study, including the matters specified 

8 in subsection (b), and include such comments and rec9 ommendations on the results of the study as the Secretary 

10 considers appropriate. 

11 Subtitle C—General Service 

12 Authorities 

13 SEC. 521. REPEAL OF MANDATORY HIGH-DEPLOYMENT AL14 LOWANCE. 

15 (a) REPEAL.—Section 436 of title 37, United States 

16 Code, is repealed. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 7 of such title is amended by 

19 striking the item relating to section 436. 


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1 SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF 

2 MEMBERS FOR UNSUITABILITY BASED ON 

3 THE SAME MEDICAL CONDITION FOR WHICH 

4 THEY WERE DETERMINED TO BE FIT FOR 

5 DUTY. 

6 (a) PROHIBITION.—Subsection (a) of section 1214a 

7 of title 10, United States Code, is amended by inserting 

8 ‘‘, or deny reenlistment of the member,’’ after ‘‘a member 

9 described in subsection (b)’’. 

10 (b) CONFORMING AMENDMENT.—Subsection (c)(3) 

11 of such section is amended by inserting ‘‘or denial of reen12 listment’’ after ‘‘to warrant administrative separation’’. 

13 (c) CLERICAL AMENDMENTS.— 

14 (1) HEADING AMENDMENT.—The heading of 

15 such section is amended to read as follows: 

16 ‘‘§ 1214a. Members determined fit for duty in Phys17 ical Evaluation Board: prohibition on in18 voluntary administrative separation or 

19 denial of reenlistment due to 

20 unsuitability based on medical conditions 

21 considered in evaluation’’. 

22 (2) TABLE OF SECTIONS.—The table of sections 

23 at the beginning of chapter 61 of such title is 

24 amended by striking the item relating to section 

25 1214a and inserting the following new item: 


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‘‘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.’’. 

1 SEC. 523. EXPANSION OF REGULAR ENLISTED MEMBERS 

2 COVERED BY EARLY DISCHARGE AUTHORITY. 

3 Section 1171 of title 10, United States Code, is 

4 amended by striking ‘‘within three months’’ and inserting 

5 ‘‘within one year’’. 

6 SEC. 524. EXTENSION OF VOLUNTARY SEPARATION PAY 

7 AND BENEFITS. 

8 Section 1175a(k)(1) of title 10, United States Code, 

9 is amended by striking ‘‘December 31, 2012’’ and insert10 ing ‘‘December 31, 2018’’. 

11 SEC. 525. EMPLOYMENT SKILLS TRAINING FOR MEMBERS 

12 OF THE ARMED FORCES ON ACTIVE DUTY 

13 WHO ARE TRANSITIONING TO CIVILIAN LIFE. 

14 Section 1143 of title 10, United States Code, is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(e) EMPLOYMENT SKILLS TRAINING.—(1) The Sec18 retary of a military department may carry out one or more 

19 programs to provide eligible members of the armed forces 

20 under the jurisdiction of the Secretary with job training 

21 and employment skills training to help prepare such mem22 bers for employment in the civilian sector. 


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1 ‘‘(2) A member of the armed forces is an eligible 

2 member for purposes of a program under this subsection 

3 if the member— 

4 ‘‘(A) has completed at least 180 days on active 

5 duty in the armed forces; and 

6 ‘‘(B) is expected to be discharged or released 

7 from active duty in the armed forces within 180 

8 days of the date of commencement of participation 

9 in such a program. 

10 ‘‘(3) Any program under this subsection shall be car11 ried out in accordance with regulations prescribed by the 

12 Secretary of Defense.’’. 

13 SEC. 526. POLICY ON MILITARY RECRUITMENT AND EN14 LISTMENT OF GRADUATES OF SECONDARY 

15 SCHOOLS. 

16 (a) EQUAL TREATMENT FOR SECONDARY SCHOOL

17 GRADUATES.— 

18 (1) EQUAL TREATMENT.—For the purposes of 

19 recruitment and enlistment in the Armed Forces, the 

20 Secretary of a military department shall treat a 

21 graduate described in paragraph (2) in the same 

22 manner as a graduate of a secondary school (as de23 fined in section 9101(38) of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 

25 7801(38)). 


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1 (2) COVERED GRADUATES.—Paragraph (1) ap2 plies with respect to a person who— 

3 (A) receives a diploma from a secondary 

4 school that is legally operating; or 

5 (B) otherwise completes a program of sec6 ondary education in compliance with the edu7 cation laws of the State in which the person re8 sides. 

9 (b) POLICY ON RECRUITMENT AND ENLISTMENT.— 

10 Not later than 180 days after the date of the enactment 

11 of this Act, the Secretary of Defense shall prescribe a pol12 icy on recruitment and enlistment that incorporates the 

13 following: 

14 (1) Means for identifying persons described in 

15 subsection (a)(2) who are qualified for recruitment 

16 and enlistment in the Armed Forces, which may in17 clude the use of a noncognitive aptitude test, adapt18 ive personality assessment, or other operational at19 trition screening tool to predict performance, behav20 iors, and attitudes of potential recruits that influ21 ence attrition and the ability to adapt to a regi22 mented life in the Armed Forces. 

23 (2) Means for assessing how qualified persons 

24 fulfill their enlistment obligation. 


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1 (3) Means for maintaining data, by each di2 ploma source, which can be used to analyze attrition 

3 rates among qualified persons. 

4 (c) RECRUITMENT PLAN.—As part of the policy re5 quired by subsection (b), the Secretary of each of the mili6 tary departments shall develop a recruitment plan that in7 cludes a marketing strategy for targeting various seg8 ments of potential recruits with all types of secondary edu9 cation credentials. 

10 (d) COMMUNICATION PLAN.—The Secretary of each 

11 of the military departments shall develop a communication 

12 plan to ensure that the policy and recruitment plan are 

13 understood by military recruiters. 

14 Subtitle D—Education and 

15 Training 

16 SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PRO17 FESSIONAL MILITARY EDUCATION. 

18 (a) AUTHORITY TO CREDIT MILITARY GRADUATES

19 OF THE NATIONAL DEFENSE INTELLIGENCE COLLEGE

20 WITH COMPLETION OF JOINT PROFESSIONAL MILITARY

21 EDUCATION PHASE I.— 

22 (1) JOINT PROFESSIONAL MILITARY EDUCATION

23 PHASE I.—Section 2154(a)(1) of title 10, United 

24 States Code, is amended by inserting ‘‘or at a joint 


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1 intermediate level school’’ before the period at the 

2 end. 

3 (2) JOINT INTERMEDIATE LEVEL SCHOOL DE4 FINED.—Section 2151(b) of such title is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(3) The term ‘joint intermediate level school’ 

7 includes the National Defense Intelligence College.’’. 

8 (b) AUTHORITY FOR OTHER-THAN-IN RESIDENCE

9 PROGRAM TAUGHT THROUGH JOINT FORCES STAFF COL10 LEGE.— 

11 (1) IN GENERAL.—Section 2154(a)(2) of such 

12 title is amended— 

13 (A) in the matter preceding subparagraph 

14 (A), by striking ‘‘in residence at’’; 

15 (B) in subparagraph (A), by inserting 

16 ‘‘by’’ after ‘‘(A)’’; and 

17 (C) in subparagraph (B), by inserting ‘‘in 

18 residence at’’ after ‘‘(B)’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 2156(b) of such title is amended by inserting ‘‘in 

21 residence’’ after ‘‘course of instruction offered’’. 

22 SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNI23 FORMED MEDICAL ACCESSION PROGRAMS. 

24 (a) MEDICAL STUDENTS OF USUHS.—Section 

25 2114(b) of title 10, United States Code, is amended— 


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1 (1) in paragraph (1), by striking the second 

2 sentence and inserting the following new sentences: 

3 ‘‘Each medical student shall be appointed as a reg4 ular officer in the grade of second lieutenant or en5 sign. An officer so appointed may, upon meeting 

6 such criteria for promotion as may be prescribed by 

7 the Secretary concerned, be appointed in the regular 

8 grade of first lieutenant or lieutenant (junior grade). 

9 Medical students commissioned under this section 

10 shall serve on active duty in their respective 

11 grades.’’; and 

12 (2) in paragraph (2), by striking ‘‘grade of sec13 ond lieutenant or ensign’’ and inserting ‘‘grade in 

14 which the member is serving under paragraph (1)’’. 

15 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL16 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

17 2121(c) of such title is amended— 

18 (1) in paragraph (1), by striking the second 

19 sentence and inserting the following new sentences: 

20 ‘‘Each person so commissioned shall be appointed as 

21 a reserve officer in the grade of second lieutenant or 

22 ensign. An officer so appointed may, upon meeting 

23 such criteria for promotion as may be prescribed by 

24 the Secretary concerned, be appointed in the reserve 

25 grade of first lieutenant or lieutenant (junior grade). 


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1 Medical students commissioned under this section 

2 shall serve on active duty in their respective grades 

3 for a period of 45 days during each year of partici4 pation in the program.’’; and 

5 (2) in paragraph (2), by striking ‘‘grade of sec6 ond lieutenant or ensign’’ and inserting ‘‘grade in 

7 which the member is serving under paragraph (1)’’. 

8 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

9 SCHOOLS.—Subsection (e) of section 2004a of such title 

10 is amended— 

11 (1) in the subsection heading, by striking ‘‘AP12 POINTMENT AND TREATMENT OF PRIOR ACTIVE

13 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

14 DUTY’’; and 

15 (2) by striking paragraph (1) and inserting the 

16 following new paragraph (1): 

17 ‘‘(1) A commissioned officer detailed under sub18 section (a) shall serve on active duty, subject to the limita19 tions on grade specified in section 2114(b)(1) of this title 

20 and with the entitlement to basic pay as specified in sec21 tion 2114(b)(2) of this title.’’. 


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1 SEC. 543. RESERVE COMPONENT MENTAL HEALTH STU2 DENT STIPEND. 

3 (a) RESERVE COMPONENT MENTAL HEALTH STU4 DENT STIPEND.—Section 16201 of title 10, United States 

5 Code, is amended— 

6 (1) by redesignating subsection (f) as sub7 section (g); and 

8 (2) by inserting after subsection (e) the fol9 lowing new subsection (f): 

10 ‘‘(f) MENTAL HEALTH PROFESSIONALS IN CRITICAL

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

12 under this chapter, the Secretary of the military depart13 ment concerned may enter into an agreement with a per14 son who— 

15 ‘‘(A) is eligible to be appointed as an officer in 

16 a reserve component; 

17 ‘‘(B) is enrolled or has been accepted for enroll18 ment in an institution in a course of study that re19 sults in a degree in clinical psychology or social 

20 work; 

21 ‘‘(C) signs an agreement that, unless sooner 

22 separated, the person will— 

23 ‘‘(i) complete the educational phase of the 

24 program; 

25 ‘‘(ii) accept a reappointment or redesigna26 tion within the person’s reserve component, if 


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1 tendered, based upon the person’s health pro2 fession, following satisfactory completion of the 

3 educational and intern programs; and 

4 ‘‘(iii) participate in a residency program if 

5 required for clinical licensure; and 

6 ‘‘(D) if required by regulations prescribed by 

7 the Secretary of Defense, agrees to apply for, if eli8 gible, and accept, if offered, residency training in a 

9 health profession skill that has been designated by 

10 the Secretary as a critically needed wartime skill. 

11 ‘‘(2) Under the agreement— 

12 ‘‘(A) the Secretary of the military department 

13 concerned shall agree to pay the participant a sti14 pend, in the amount determined under subsection 

15 (g), for the period or the remainder of the period 

16 that the student is satisfactorily progressing toward 

17 a degree in clinical psychology or social work while 

18 enrolled in a school accredited in the designated 

19 mental health discipline; 

20 ‘‘(B) the participant shall not be eligible to re21 ceive such stipend before appointment, designation, 

22 or assignment as an officer for service in the Ready 

23 Reserve; 

24 ‘‘(C) the participant shall be subject to such ac25 tive duty requirements as may be specified in the 


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1 agreement and to active duty in time of war or na2 tional emergency as provided by law for members of 

3 the Ready Reserve; and 

4 ‘‘(D) the participant shall agree to serve, upon 

5 successful completion of the program, one year in 

6 the Ready Reserve for each six months, or part 

7 thereof, for which the stipend is provided, to be 

8 served in the Selected Reserve or in the Individual 

9 Ready Reserve as specified in the agreement.’’. 

10 (b) CONFORMING AMENDMENTS.—Such section is 

11 further amended— 

12 (1) in subsections (b)(2)(A), (c)(2)(A), and 

13 (d)(2)(A), by striking ‘‘subsection (f)’’ and inserting 

14 ‘‘subsection (g)’’; and 

15 (2) in subsection (g), as redesignated by sub16 section (a)(1) of this section, by striking ‘‘subsection 

17 (b) or (c)’’ and inserting ‘‘subsection (b), (c), or 

18 (f)’’. 


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1 SEC. 544. ENROLLMENT OF CERTAIN SERIOUSLY WOUND2 ED, ILL, OR INJURED FORMER OR RETIRED 

3 ENLISTED MEMBERS OF THE ARMED FORCES 

4 IN ASSOCIATE DEGREE PROGRAMS OF THE 

5 COMMUNITY COLLEGE OF THE AIR FORCE IN 

6 ORDER TO COMPLETE DEGREE PROGRAM. 

7 (a) IN GENERAL.—Section 9315 of title 10, United 

8 States Code, is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c) SERIOUSLY WOUNDED, ILL, OR INJURED

14 FORMER AND RETIRED ENLISTED MEMBERS.—(1) The 

15 Secretary of the Air Force may authorize participation in 

16 a program of higher education under subsection (a)(1) by 

17 a person who is a former or retired enlisted member of 

18 the armed forces who at the time of the person’s separa19 tion from active duty— 

20 ‘‘(A) had commenced but had not completed a 

21 program of higher education under subsection 

22 (a)(1); and 

23 ‘‘(B) is categorized by the Secretary concerned 

24 as seriously wounded, ill, or injured. 

25 ‘‘(2) A person may not be authorized under para26 graph (1) to participate in a program of higher education 


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1 after the end of the 10-year period beginning on the date 

2 of the person’s separation from active duty.’’. 

3 (b) CONFORMING AMENDMENTS.—Subsection (d) of 

4 such section, as redesignated by subsection (a)(1), is 

5 amended by striking ‘‘enlisted member’’ both places it ap6 pears and inserting ‘‘person’’. 

7 (c) EFFECTIVE DATE.—Subsection (c) of section 

8 9315 of title 10, United States Code (as added by sub9 section (a)(2)), shall apply to persons covered by para10 graph (1) of such subsection who are categorized by the 

11 Secretary concerned as seriously wounded, ill, or injured 

12 after September 11, 2001. With respect to any such per13 son who is separated from active duty during the period 

14 beginning on September 12, 2001, and ending on the date 

15 of the enactment of this Act, the 10-year period specified 

16 in paragraph (2) of such subsection shall be deemed to 

17 commence on the date of the enactment of this Act. 

18 SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AU19 THORITY TO ISSUE ARMS, TENTAGE, AND 

20 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

21 NOT MAINTAINING UNITS OF JUNIOR ROTC. 

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

23 United States Code, is amended by inserting after section 

24 2552 the following new section: 


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1 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

2 institutions not maintaining units of Jun3 ior R.O.T.C. 

4 ‘‘The Secretary of a military department may issue 

5 arms, tentage, and equipment to an educational institution 

6 at which no unit of the Junior Reserve Officers’ Training 

7 Corps is maintained if the educational institution— 

8 ‘‘(1) offers a course in military training pre9 scribed by that Secretary; and 

10 ‘‘(2) has a student body of at least 100 phys11 ically fit students over 14 years of age.’’. 

12 (b) CONFORMING REPEALS.—Sections 4651, 7911, 

13 and 9651 of such title are repealed. 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) The table of sections at the beginning of 

16 chapter 152 of such title is amended by inserting 

17 after the item relating to section 2552 the following 

18 new item: 

‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 

units of Junior R.O.T.C.’’. 

19 (2) The table of sections at the beginning of 

20 chapter 441 of such title is amended by striking the 

21 item relating to section 4651. 

22 (3) The table of sections at the beginning of 

23 chapter 667 of such title is amended by striking the 

24 item relating to section 7911. 


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1 (4) The table of sections at the beginning of 

2 chapter 941 of such title is amended by striking the 

3 item relating to section 9651. 

4 SEC. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM 

5 AGE LIMITATION ON ADMISSION TO THE 

6 MILITARY SERVICE ACADEMIES. 

7 (a) WAIVER FOR CERTAIN ENLISTED MEMBERS.— 

8 The Secretary of the military department concerned may 

9 waive the maximum age limitation specified in section 

10 4346(a), 6958(a)(1), or 9346(a) of title 10, United States 

11 Code, for the admission of an enlisted member of the 

12 Armed Forces to the United States Military Academy, the 

13 United States Naval Academy, or the United States Air 

14 Force Academy if the member— 

15 (1) satisfies the eligibility requirements for ad16 mission to that academy (other than the maximum 

17 age limitation); and 

18 (2) was or is prevented from being admitted to 

19 a military service academy before the member 

20 reached the maximum age specified in such sections 

21 as a result of service on active duty in a theater of 

22 operations for Operation Iraqi Freedom, Operation 

23 Enduring Freedom, or Operation New Dawn. 

24 (b) MAXIMUM AGE FOR RECEIPT OF WAIVER.—A 

25 waiver may not be granted under this section if the canVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 didate would pass the candidate’s twenty-sixth birthday by 

2 July 1 of the year in which the candidate would enter the 

3 military service academy pursuant to the waiver. 

4 (c) LIMITATION ON NUMBER ADMITTED USING

5 WAIVER.—Not more than five candidates may be admitted 

6 to each of the military service academies for an academic 

7 year pursuant to a waiver granted under this section. 

8 (d) RECORD KEEPING REQUIREMENT.—The Sec9 retary of each military department shall maintain records 

10 on the number of graduates of the military service acad11 emy under the jurisdiction of the Secretary who are admit12 ted pursuant to a waiver granted under this section and 

13 who remain in the Armed Forces beyond the active duty 

14 service obligation assumed upon graduation. The Sec15 retary shall compare their retention rate to the retention 

16 rate of graduates of that academy generally. 

17 (e) REPORTS.—Not later than April 1, 2016, the Sec18 retary of each military department shall submit to the 

19 Committees on Armed Services of the Senate and the 

20 House of Representatives a report specifying— 

21 (1) the number of applications for waivers re22 ceived by the Secretary under this section; 

23 (2) the number of waivers granted by the Sec24 retary under this section; 


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1 (3) the number of candidates actually admitted 

2 to the military service academy under the jurisdic3 tion of the Secretary pursuant to a waiver granted 

4 by the Secretary under this section; and 

5 (4) beginning with the class of 2009, the num6 ber of graduates of the military service academy 

7 under the jurisdiction of the Secretary who, before 

8 admission to that academy, were enlisted members 

9 of the Armed Forces and who remain in the Armed 

10 Forces beyond the active duty service obligation as11 sumed upon graduation. 

12 (f) DURATION OF WAIVER AUTHORITY.—The au13 thority to grant a waiver under this section expires on 

14 September 30, 2016. 

15 Subtitle E—Military Justice and 

16 Legal Matters Generally 

17 SEC. 551. REFORM OF OFFENSES RELATING TO RAPE, SEX18 UAL ASSAULT, AND OTHER SEXUAL MIS19 CONDUCT UNDER THE UNIFORM CODE OF 

20 MILITARY JUSTICE. 

21 (a) RAPE AND SEXUAL ASSAULT GENERALLY.—Sec22 tion 920 of title 10, United States Code (article 120 of 

23 the Uniform Code of Military Justice), is amended as fol24 lows: 


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1 (1) REVISED OFFENSE OF RAPE.—Subsection 

2 (a) is amended to read as follows: 

3 ‘‘(a) RAPE.—Any person subject to this chapter who 

4 commits a sexual act upon another person by— 

5 ‘‘(1) using unlawful force against that other 

6 person; 

7 ‘‘(2) using force causing or likely to cause death 

8 or grievous bodily harm to any person; 

9 ‘‘(3) threatening or placing that other person in 

10 fear that any person will be subjected to death, 

11 grievous bodily harm, or kidnapping; 

12 ‘‘(4) first rendering that other person uncon13 scious; or 

14 ‘‘(5) administering to that other person by force 

15 or threat of force, or without the knowledge or con16 sent of that person, a drug, intoxicant, or other 

17 similar substance and thereby substantially impair18 ing the ability of that other person to appraise or 

19 control conduct; 

20 is guilty of rape and shall be punished as a court-martial 

21 may direct.’’. 

22 (2) REPEAL OF PROVISIONS RELATING TO OF23 FENSES REPLACED BY NEW ARTICLE 120b.—Sub24 sections (b), (d), (f), (g), (i), (j), and (o) are re25 pealed. 


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1 (3) REVISED OFFENSE OF SEXUAL ASSAULT.— 

2 Subsection (c) is redesignated as subsection (b) and 

3 is amended to read as follows: 

4 ‘‘(b) SEXUAL ASSAULT.—Any person subject to this 

5 chapter who— 

6 ‘‘(1) commits a sexual act upon another person 

7 by— 

8 ‘‘(A) threatening or placing that other per9 son in fear; 

10 ‘‘(B) causing bodily harm to that other 

11 person; 

12 ‘‘(C) making a fraudulent representation 

13 that the sexual act serves a professional pur14 pose; or 

15 ‘‘(D) inducing a belief by any artifice, pre16 tense, or concealment that the person is another 

17 person; 

18 ‘‘(2) commits a sexual act upon another person 

19 when the person knows or reasonably should know 

20 that the other person is asleep, unconscious, or oth21 erwise unaware that the sexual act is occurring; or 

22 ‘‘(3) commits a sexual act upon another person 

23 when the other person is incapable of consenting to 

24 the sexual act due to— 


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1 ‘‘(A) impairment by any drug, intoxicant, 

2 or other similar substance, and that condition is 

3 known or reasonably should be known by the 

4 person; or 

5 ‘‘(B) a mental disease or defect, or phys6 ical disability, and that condition is known or 

7 reasonably should be known by the person; 

8 is guilty of sexual assault and shall be punished as a court9 martial may direct.’’. 

10 (4) AGGRAVATED SEXUAL CONTACT.—Sub11 section (e) is redesignated as subsection (c) and is 

12 amended— 

13 (A) by striking ‘‘engages in’’ and inserting 

14 ‘‘commits’’; and 

15 (B) by striking ‘‘with’’ and inserting 

16 ‘‘upon’’. 

17 (5) ABUSIVE SEXUAL CONTACT.—Subsection 

18 (h) is redesignated as subsection (d) and is amend19 ed— 

20 (A) by striking ‘‘engages in’’ and inserting 

21 ‘‘commits’’; 

22 (B) by striking ‘‘with’’ and inserting 

23 ‘‘upon’’; and 


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1 (C) by striking ‘‘subsection (c) (aggravated 

2 sexual assault)’’ and inserting ‘‘subsection (b) 

3 (sexual assault)’’. 

4 (6) REPEAL OF PROVISIONS RELATING TO OF5 FENSES REPLACED BY NEW ARTICLE 120c.—Sub6 sections (k), (l), (m), and (n) are repealed. 

7 (7) PROOF OF THREAT.—Subsection (p) is re8 designated as subsection (e) and is amended— 

9 (A) by striking ‘‘the accused made’’ and 

10 inserting ‘‘a person made’’; 

11 (B) by striking ‘‘the accused actually’’ and 

12 inserting ‘‘the person actually’’; and 

13 (C) by inserting before the period at the 

14 end the following: ‘‘or had the ability to carry 

15 out the threat’’. 

16 (8) DEFENSES.—Subsection (q) is redesignated 

17 as subsection (f) and is amended to read as follows: 

18 ‘‘(f) DEFENSES.—An accused may raise any applica19 ble defenses available under this chapter or the Rules for 

20 Court-Martial. Marriage is not a defense for any conduct 

21 in issue in any prosecution under this section.’’. 

22 (9) PROVISIONS RELATING TO AFFIRMATIVE

23 DEFENSES.—Subsections (r) and (s) are repealed. 

24 (10) DEFINITIONS.—Subsection (t) is redesig25 nated as subsection (g) and is amended— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by inserting 

3 ‘‘or anus or mouth’’ after ‘‘vulva’’; and 

4 (ii) in subparagraph (B)— 

5 (I) by striking ‘‘genital opening’’ 

6 and inserting ‘‘vulva or anus or 

7 mouth,’’; and 

8 (II) by striking ‘‘a hand or fin9 ger’’ and inserting ‘‘any part of the 

10 body’’; 

11 (B) by striking paragraph (2) and insert12 ing the following: 

13 ‘‘(2) SEXUAL CONTACT.—The term ‘sexual con14 tact’ means— 

15 ‘‘(A) touching, or causing another person 

16 to touch, either directly or through the clothing, 

17 the genitalia, anus, groin, breast, inner thigh, 

18 or buttocks of any person, with an intent to 

19 abuse, humiliate, or degrade any person; or 

20 ‘‘(B) any touching, or causing another per21 son to touch, either directly or through the 

22 clothing, any body part of any person, if done 

23 with an intent to arouse or gratify the sexual 

24 desire of any person. 


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1 Touching may be accomplished by any part of the 

2 body.’’. 

3 (C) by striking paragraph (4) and redesig4 nating paragraph (3) as paragraph (4); 

5 (D) by redesignating paragraph (8) as 

6 paragraph (3), transferring that paragraph so 

7 as to appear after paragraph (2), and amending 

8 that paragraph by inserting before the period at 

9 the end the following: ‘‘, including any non10 consensual sexual act or nonconsensual sexual 

11 contact’’; 

12 (E) in paragraph (4), as redesignated by 

13 subparagraph (C), by striking the last sentence; 

14 (F) by striking paragraphs (5) and (7); 

15 (G) by redesignating paragraph (6) as 

16 paragraph (7); 

17 (H) by inserting after paragraph (4), as 

18 redesignated by subparagraph (C), the following 

19 new paragraphs (5) and (6): 

20 ‘‘(5) FORCE.—The term ‘force’ means— 

21 ‘‘(A) the use of a weapon; 

22 ‘‘(B) the use of such physical strength or 

23 violence as is sufficient to overcome, restrain, or 

24 injure a person; or 


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1 ‘‘(C) inflicting physical harm sufficient to 

2 coerce or compel submission by the victim. 

3 ‘‘(6) UNLAWFUL FORCE.—The term ‘unlawful 

4 force’ means an act of force done without legal jus5 tification or excuse.’’; 

6 (I) in paragraph (7), as redesignated by 

7 subparagraph (G)— 

8 (i) by striking ‘‘under paragraph (3)’’ 

9 and all that follows through ‘‘contact),’’; 

10 and 

11 (ii) by striking ‘‘death, grievous bodily 

12 harm, or kidnapping’’ and inserting ‘‘the 

13 wrongful action contemplated by the com14 munication or action.’’; 

15 (J) by striking paragraphs (9) through 

16 (13); 

17 (K) by redesignating paragraph (14) as 

18 paragraph (8) and in that paragraph— 

19 (i) by inserting ‘‘(A)’’ before ‘‘The 

20 term’’; 

21 (ii) by striking ‘‘words or overt acts 

22 indicating’’ and ‘‘sexual’’ in the first sen23 tence; 

24 (iii) by striking ‘‘accused’s’’ in the 

25 third sentence; 


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1 (iv) by inserting ‘‘or social or sexual’’ 

2 before ‘‘relationship’’ in the fourth sen3 tence; 

4 (v) by striking ‘‘sexual’’ before ‘‘con5 duct’’ in the fourth sentence; 

6 (vi) by striking ‘‘A person cannot con7 sent’’ and all that follows through the pe8 riod; and 

9 (vii) by adding at the end the fol10 lowing new subparagraphs: 

11 ‘‘(B) A sleeping, unconscious, or incom12 petent person cannot consent. A person cannot 

13 consent to force causing or likely to cause death 

14 or grievous bodily harm or to being rendered 

15 unconscious. A person cannot consent while 

16 under threat or in fear or under the cir17 cumstances described in subparagraph (C) or 

18 (D) of subsection (b)(1). 

19 ‘‘(C) Lack of consent may be inferred 

20 based on the circumstances of the offense. All 

21 the surrounding circumstances are to be consid22 ered in determining whether a person gave con23 sent, or whether a person did not resist or 

24 ceased to resist only because of another per25 son’s actions.’’; and 


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1 (L) by striking paragraphs (15) and (16). 

2 (11) SECTION HEADING.—The heading of such 

3 section (article) is amended to read as follows: 

4 ‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 

5 (b) RAPE AND SEXUAL ASSAULT OF A CHILD.— 

6 Chapter 47 of such title (the Uniform Code of Military 

7 Justice) is amended by inserting after section 920a (arti8 cle 120a), as amended by subsection (a), the following new 

9 section (article): 

10 ‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 

11 ‘‘(a) RAPE OF A CHILD.—Any person subject to this 

12 chapter who— 

13 ‘‘(1) commits a sexual act upon a child who has 

14 not attained the age of 12 years; or 

15 ‘‘(2) commits a sexual act upon a child who has 

16 attained the age of 12 years by— 

17 ‘‘(A) using force against any person; 

18 ‘‘(B) threatening or placing that child in 

19 fear; 

20 ‘‘(C) rendering that child unconscious; or 

21 ‘‘(D) administering to that child a drug, 

22 intoxicant, or other similar substance; 

23 is guilty of rape of a child and shall be punished as a 

24 court-martial may direct. 


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1 ‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person 

2 subject to this chapter who commits a sexual act upon a 

3 child who has attained the age of 12 years is guilty of 

4 sexual assault of a child and shall be punished as a court5 martial may direct. 

6 ‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person sub7 ject to this chapter who commits a lewd act upon a child 

8 is guilty of sexual abuse of a child and shall be punished 

9 as a court-martial may direct. 

10 ‘‘(d) AGE OF CHILD.— 

11 ‘‘(1) UNDER 12 YEARS.—In a prosecution under 

12 this section, it need not be proven that the accused 

13 knew the age of the other person engaging in the 

14 sexual act or lewd act. It is not a defense that the 

15 accused reasonably believed that the child had at16 tained the age of 12 years. 

17 ‘‘(2) UNDER 16 YEARS.—In a prosecution under 

18 this section, it need not be proven that the accused 

19 knew that the other person engaging in the sexual 

20 act or lewd act had not attained the age of 16 years, 

21 but it is a defense in a prosecution under subsection 

22 (b) (sexual assault of a child) or subsection (c) (sex23 ual abuse of a child), which the accused must prove 

24 by a preponderance of the evidence, that the accused 

25 reasonably believed that the child had attained the 


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1 age of 16 years, if the child had in fact attained at 

2 least the age of 12 years. 

3 ‘‘(e) PROOF OF THREAT.—In a prosecution under 

4 this section, in proving that a person made a threat, it 

5 need not be proven that the person actually intended to 

6 carry out the threat or had the ability to carry out the 

7 threat. 

8 ‘‘(f) MARRIAGE.—In a prosecution under subsection 

9 (b) (sexual assault of a child) or subsection (c) (sexual 

10 abuse of a child), it is a defense, which the accused must 

11 prove by a preponderance of the evidence, that the persons 

12 engaging in the sexual act or lewd act were at that time 

13 married to each other, except where the accused commits 

14 a sexual act upon the person when the accused knows or 

15 reasonably should know that the other person is asleep, 

16 unconscious, or otherwise unaware that the sexual act is 

17 occurring or when the other person is incapable of con18 senting to the sexual act due to impairment by any drug, 

19 intoxicant, or other similar substance, and that condition 

20 was known or reasonably should have been known by the 

21 accused. 

22 ‘‘(g) CONSENT.—Lack of consent is not an element 

23 and need not be proven in any prosecution under this sec24 tion. A child not legally married to the person committing 


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1 the sexual act, lewd act, or use of force cannot consent 

2 to any sexual act, lewd act, or use of force. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.—The 

5 terms ‘sexual act’ and ‘sexual contact’ have the 

6 meanings given those terms in section 920(g) of this 

7 title (article 120(g)). 

8 ‘‘(2) FORCE.—The term ‘force’ means— 

9 ‘‘(A) the use of a weapon; 

10 ‘‘(B) the use of such physical strength or 

11 violence as is sufficient to overcome, restrain, or 

12 injure a child; or 

13 ‘‘(C) inflicting physical harm. 

14 In the case of a parent-child or similar relationship, 

15 the use or abuse of parental or similar authority is 

16 sufficient to constitute the use of force. 

17 ‘‘(3) THREATENING OR PLACING THAT CHILD

18 IN FEAR.—The term ‘threatening or placing that 

19 child in fear’ means a communication or action that 

20 is of sufficient consequence to cause the child to fear 

21 that non-compliance will result in the child or an22 other person being subjected to the action con23 templated by the communication or action. 

24 ‘‘(4) CHILD.—The term ‘child’ means any per25 son who has not attained the age of 16 years. 


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1 ‘‘(5) LEWD ACT.—The term ‘lewd act’ means— 

2 ‘‘(A) any sexual contact with a child; 

3 ‘‘(B) intentionally exposing one’s genitalia, 

4 anus, buttocks, or female areola or nipple to a 

5 child by any means, including via any commu6 nication technology, with an intent to abuse, 

7 humiliate, or degrade any person, or to arouse 

8 or gratify the sexual desire of any person; 

9 ‘‘(C) intentionally communicating indecent 

10 language to a child by any means, including via 

11 any communication technology, with an intent 

12 to abuse, humiliate, or degrade any person, or 

13 to arouse or gratify the sexual desire of any 

14 person; or 

15 ‘‘(D) any indecent conduct, intentionally 

16 done with or in the presence of a child, includ17 ing via any communication technology, that 

18 amounts to a form of immorality relating to 

19 sexual impurity which is grossly vulgar, ob20 scene, and repugnant to common propriety, and 

21 tends to excite sexual desire or deprave morals 

22 with respect to sexual relations.’’. 

23 (c) OTHER SEXUAL MISCONDUCT.—Such chapter 

24 (the Uniform Code of Military Justice) is further amended 


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1 by inserting after section 920b (article 120b), as added 

2 by subsection (b), the following new section: 

3 ‘‘§ 920c. Art. 120c. Other sexual misconduct 

4 ‘‘(a) INDECENT VIEWING, VISUAL RECORDING, OR

5 BROADCASTING.—Any person subject to this chapter who, 

6 without legal justification or lawful authorization— 

7 ‘‘(1) knowingly and wrongfully views the private 

8 area of another person, without that other person’s 

9 consent and under circumstances in which that other 

10 person has a reasonable expectation of privacy; 

11 ‘‘(2) knowingly photographs, videotapes, films, 

12 or records by any means the private area of another 

13 person, without that other person’s consent and 

14 under circumstances in which that other person has 

15 a reasonable expectation of privacy; or 

16 ‘‘(3) knowingly broadcasts or distributes any 

17 such recording that the person knew or reasonably 

18 should have known was made under the cir19 cumstances proscribed in paragraphs (1) and (2); 

20 is guilty of an offense under this section and shall be pun21 ished as a court-martial may direct. 

22 ‘‘(b) FORCIBLE PANDERING.—Any person subject to 

23 this chapter who compels another person to engage in an 

24 act of prostitution with any person is guilty of forcible 


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1 pandering and shall be punished as a court-martial may 

2 direct. 

3 ‘‘(c) INDECENT EXPOSURE.—Any person subject to 

4 this chapter who intentionally exposes, in an indecent 

5 manner, the genitalia, anus, buttocks, or female areola or 

6 nipple is guilty of indecent exposure and shall by punished 

7 as a court-martial may direct. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) ACT OF PROSTITUTION.—The term ‘act of 

10 prostitution’ means a sexual act or sexual contact 

11 (as defined in section 920(g) of this title (article 

12 120(g))) on account of which anything of value is 

13 given to, or received by, any person. 

14 ‘‘(2) PRIVATE AREA.—The term ‘private area’ 

15 means the naked or underwear-clad genitalia, anus, 

16 buttocks, or female areola or nipple. 

17 ‘‘(3) REASONABLE EXPECTATION OF PRI18 VACY.—The term ‘under circumstances in which 

19 that other person has a reasonable expectation of 

20 privacy’ means— 

21 ‘‘(A) circumstances in which a reasonable 

22 person would believe that he or she could dis23 robe in privacy, without being concerned that 

24 an image of a private area of the person was 

25 being captured; or 


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1 ‘‘(B) circumstances in which a reasonable 

2 person would believe that a private area of the 

3 person would not be visible to the public. 

4 ‘‘(4) BROADCAST.—The term ‘broadcast’ means 

5 to electronically transmit a visual image with the in6 tent that it be viewed by a person or persons. 

7 ‘‘(5) DISTRIBUTE.—The term ‘distribute’ 

8 means delivering to the actual or constructive pos9 session of another, including transmission by elec10 tronic means. 

11 ‘‘(6) INDECENT MANNER.—The term ‘indecent 

12 manner’ means conduct that amounts to a form of 

13 immorality relating to sexual impurity which is 

14 grossly vulgar, obscene, and repugnant to common 

15 propriety, and tends to excite sexual desire or de16 prave morals with respect to sexual relations.’’. 

17 (d) REPEAL OF SODOMY ARTICLE.—Section 925 of 

18 such title (article 125 of the Uniform Code of Military 

19 Justice) is repealed. 

20 (e) CONFORMING AMENDMENTS.—Chapter 47 of 

21 such title (the Uniform Code of Military Justice) is further 

22 amended as follows: 

23 (1) STATUTE OF LIMITATIONS.—Subparagraph 

24 (B) of section 843(b)(2) (article 43(b)(2)) is amend25 ed— 


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1 (A) in clause (i), by striking ‘‘section 920 

2 of this title (article 120)’’ and inserting ‘‘sec3 tion 920, 920a, 920b, or 920c of this title (arti4 cle 120, 120a, 120b, or 120c)’’; 

5 (B) by striking clause (iii); and 

6 (C) in clause (v)— 

7 (i) by striking ‘‘indecent assault’’; 

8 (ii) by striking ‘‘rape, or sodomy,’’ 

9 and inserting ‘‘or rape,’’; and 

10 (iii) by striking ‘‘or liberties with a 

11 child’’. 

12 (2) MURDER.—Paragraph (4) of section 918 

13 (article 118) is amended— 

14 (A) by striking ‘‘sodomy,’’; and 

15 (B) by striking ‘‘aggravated sexual as16 sault,’’ and all that follows through ‘‘with a 

17 child,’’ and inserting ‘‘sexual assault, sexual as18 sault of a child, aggravated sexual contact, sex19 ual abuse of a child,’’. 

20 (f) CLERICAL AMENDMENTS.—The table of sections 

21 at the beginning of subchapter X of such chapter (the Uni22 form Code of Military Justice) is amended— 

23 (1) by striking the items relating to sections 

24 920 and 920a (articles 120 and 120a) and inserting 

25 the following new items: 

‘‘920. 120. Rape and sexual assault generally. 


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‘‘920a. 120a. Stalking. 

‘‘920b. 120b. Rape and sexual assault of a child. 

‘‘920c. 120c. Other sexual misconduct.’’; 

1 and 

2 (2) by striking the item relating to section 925 

3 (article 125). 

4 (g) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act and shall apply with respect to offenses com7 mitted on or after such date. 

8 SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCU9 MENTARY EVIDENCE. 

10 (a) SUBPOENA DUCES TECUM.—Section 847 of title 

11 10, United States Code (article 47 of the Uniform Code 

12 of Military Justice), is amended— 

13 (1) in subsection (a)(1), by striking ‘‘board;’’ 

14 and inserting ‘‘board, or has been duly issued a sub15 poena duces tecum for an investigation, including an 

16 investigation pursuant to section 832(b) of this title 

17 (article 32(b)); and’’; and 

18 (2) in subsection (c), by striking ‘‘or board’’ 

19 and inserting ‘‘board, trial counsel, or convening au20 thority’’. 

21 (b) REPEAL OF OBSOLETE PROVISIONS RELATING

22 TO FEES AND MILEAGE PAYABLE TO WITNESSES.—Such 

23 section is further amended— 

24 (1) in subsection (a)— 


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1 (A) by striking paragraph (2); and 

2 (B) by redesignating paragraph (3) as 

3 paragraph (2); and 

4 (2) by striking subsection (d). 

5 (c) TECHNICAL AMENDMENTS.—Subsection (a) of 

6 such section is further amended by striking ‘‘subpenaed’’ 

7 in paragraphs (1) and (2), as redesignated by subsection 

8 (b)(1)(B), and inserting ‘‘subpoenaed’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply with respect to subpoenas issued 

11 after the date of the enactment of this Act. 

12 SEC. 553. PROCEDURES FOR JUDICIAL REVIEW OF CER13 TAIN MILITARY PERSONNEL DECISIONS. 

14 (a) PROHIBITED PERSONNEL ACTIONS.—Section 

15 1034 of title 10, United States Code, is amended— 

16 (1) in subsection (f), by adding at the end the 

17 following new paragraph: 

18 ‘‘(7) In any case in which the final decision of the 

19 Secretary concerned results in denial, in whole or in part, 

20 of any requested correction of the member or former mem21 ber’s record, the member or former member shall be pro22 vided a concise written statement of the factual and legal 

23 basis for the decision, together with a statement of the 

24 procedure and time for obtaining review of the decision 

25 pursuant to section 1560 of this title.’’; 


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1 (2) in subsection (g)— 

2 (A) by inserting ‘‘(1)’’ before ‘‘Upon the 

3 completion of all’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) A submittal to the Secretary of Defense under 

7 paragraph (1) must be made within 90 days of the receipt 

8 of the final decision of the Secretary of the military de9 partment concerned in the matter. In any case in which 

10 the final decision of the Secretary of Defense results in 

11 denial, in whole or in part, of any requested correction 

12 of the member or former member’s record, the member 

13 or former member shall be provided a concise written 

14 statement of the basis for the decision, together with a 

15 statement of the procedure and time for obtaining review 

16 of the decision pursuant to section 1560 of this title.’’; 

17 (3) by redesignating subsections (h) and (i) as 

18 subsections (i) and (j), respectively; and 

19 (4) by inserting after subsection (g) the fol20 lowing new subsection (h): 

21 ‘‘(h) JUDICIAL REVIEW.—A decision of the Secretary 

22 of Defense under subsection (g) or, in a case in which re23 view by the Secretary of Defense under subsection (g) was 

24 not sought or in a case arising out of the Coast Guard 

25 when the Coast Guard is not operating as a service in the 


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1 Navy, a decision of the Secretary of a military department 

2 or the Secretary of Homeland Security under subsection 

3 (f) shall be subject to judicial review only as provided in 

4 section 1560 of this title.’’. 

5 (b) CORRECTION OF MILITARY RECORDS.—Section 

6 1552 of such title is amended— 

7 (1) by redesignating subsection (g) as sub8 section (j); and 

9 (2) by inserting after subsection (f) the fol10 lowing new subsections: 

11 ‘‘(g) In any case in which the final decision of the 

12 Secretary concerned results in denial, in whole or in part, 

13 of any requested correction, the claimant shall be provided 

14 a concise written statement of the factual and legal basis 

15 for the decision, together with a statement of the proce16 dure and time for obtaining review of the decision pursu17 ant to section 1560 of this title. 

18 ‘‘(h) If an application for correction of military 

19 records involves a historically significant military event (as 

20 defined by the Secretary concerned), or would, if the appli21 cation is approved, substantially modify the results of any 

22 disciplinary action or promotion decision regarding a gen23 eral or flag officer which includes in the remedy a pro24 motion by and with the advice and consent of the Senate, 

25 the Secretary concerned shall ensure that an advisory 


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1 opinion is included in the record of the decision that in2 cludes a detailed chronology of the events in question and, 

3 at a minimum, considers the following information: 

4 ‘‘(1) A thorough compilation of the information 

5 available in the historical record, including testi6 mony, contemporary written statements, and all 

7 available records which formed the basis for the mili8 tary records in question. 

9 ‘‘(2) The testimony or written views of contem10 porary decision makers, if available, regarding the 

11 matters raised in the application for relief regarding 

12 the military records in question. 

13 ‘‘(3) A summary of the available evidence for 

14 and against the position taken by the applicant. 

15 ‘‘(i) A decision by the Secretary concerned under this 

16 section shall be subject to judicial review only as provided 

17 in section 1560 of this title.’’. 

18 (c) JUDICIAL REVIEW.— 

19 (1) IN GENERAL.—Chapter 79 of such title is 

20 amended by adding at the end the following new sec21 tion: 

22 ‘‘§ 1560. Judicial review of decisions 

23 ‘‘(a) After a final decision is issued pursuant to sec24 tion 1552 of this title, or is issued by the Secretary of 

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1 rity pursuant to section 1034(f) of this title or the Sec2 retary of Defense pursuant to section 1034(g) of this title, 

3 any person aggrieved by the decision may obtain judicial 

4 review. 

5 ‘‘(b) In exercising its authority under this section, the 

6 reviewing court shall review the record and may hold un7 lawful and set aside any decision demonstrated by the pe8 titioner in the record to be— 

9 ‘‘(1) arbitrary or capricious; 

10 ‘‘(2) not based on substantial evidence; 

11 ‘‘(3) a result of material error of fact or mate12 rial administrative error, but only if the petitioner 

13 identified to the correction board how the failure to 

14 follow procedures substantially prejudiced the peti15 tioner’s right to relief, and shows to the reviewing 

16 court by a preponderance of the evidence that the 

17 error was harmful; or 

18 ‘‘(4) otherwise contrary to law. 

19 ‘‘(c) Upon review under this section, the reviewing 

20 court shall affirm, modify, vacate, or reverse the decision, 

21 or remand the matter, as appropriate. 

22 ‘‘(d) No judicial review may be made under this sec23 tion unless the petitioner shall first have requested a cor24 rection under section 1552 of this title, and the Secretary 

25 concerned shall have rendered a final decision denying 


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1 that correction in whole or in part. In a case in which 

2 the final decision of the Secretary concerned is subject to 

3 review by the Secretary of Defense under section 1034(g) 

4 of this title, the petitioner is not required to seek such 

5 review by the Secretary of Defense before obtaining judi6 cial review under this section. If the petitioner seeks re7 view by the Secretary of Defense under section 1034(g) 

8 of this title, no judicial review may be made until the Sec9 retary of Defense shall have rendered a final decision de10 nying that request in whole or in part. 

11 ‘‘(e) In the case of a final decision described in sub12 section (a) made on or after the date of the enactment 

13 of the National Defense Authorization Act for Fiscal Year 

14 2012, a petition for judicial review under this section must 

15 be filed within three years of the date on which the final 

16 decision was actually received by the petitioner. 

17 ‘‘(f) Notwithstanding subsections (a), (b), and (c), a 

18 reviewing court does not have jurisdiction to entertain any 

19 matter or issue raised in a petition of review under this 

20 section that is not justiciable. 

21 ‘‘(g)(1) In the case of a cause of action arising after 

22 the date of the enactment of the National Defense Author23 ization Act for Fiscal Year 2012, no court shall have juris24 diction to entertain any request for correction of records 


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1 cognizable under section 1552 of this title, except as pro2 vided in this section. 

3 ‘‘(2) In the case of a cause of action arising after 

4 the date of the enactment of the National Defense Author5 ization Act for Fiscal Year 2012, except as provided by 

6 chapter 153 of title 28 and this chapter, no court shall 

7 have jurisdiction over any civil action or claim seeking, in 

8 whole or in part, to challenge any decision for which ad9 ministrative review is available under section 1552 of this 

10 title.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 79 of such title is 

13 amended by adding at the end the following new 

14 item: 

‘‘1560. Judicial review of decisions.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect one year after the date of 

17 the enactment of this Act. Such amendments shall apply 

18 to all final decisions of the Secretary of Defense under 

19 section 1034(g) of title 10, United States Code, and of 

20 the Secretary of a military department or the Secretary 

21 of Homeland Security under section 1034(f) or 1552 of 

22 title 10, United States Code, whether rendered before or 

23 after the date of the enactment of this Act. During the 

24 period between the date of the enactment of this Act and 

25 the date on which the amendments made by this section 


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1 take effect, in any case in which the final decision of the 

2 Secretary of Defense under section 1034 of title 10, 

3 United States Code, or the Secretary concerned under sec4 tion 1552 of title 10, United States Code, results in denial, 

5 in whole or in part, of any requested correction of a record 

6 of a member, former member, or claimant, the individual 

7 shall be informed in writing of the time for obtaining re8 view of the decision pursuant to section 1560 of title 10, 

9 United States Code, as provided therein. 

10 (e) IMPLEMENTATION.—The Secretaries concerned 

11 may prescribe appropriate regulations, and interim guid12 ance before prescribing such regulations, to implement the 

13 amendments made by this section. In the case of the Sec14 retary of a military department, such regulations may not 

15 take effect until approved by the Secretary of Defense. 

16 (f) CONSTRUCTION.—This section does not affect the 

17 authority of any court to exercise jurisdiction over any 

18 case which was properly before it before the effective date 

19 specified in subsection (d). 

20 (g) SECRETARY CONCERNED DEFINED.—In this sec21 tion, the term ‘‘Secretary concerned’’ has the meaning 

22 given that term in section 101(a)(9) of title 10, United 

23 States Code. 


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1 SEC. 554. DEPARTMENT OF DEFENSE SUPPORT FOR PRO2 GRAMS ON PRO BONO LEGAL REPRESENTA3 TION FOR MEMBERS OF THE ARMED FORCES. 

4 (a) SUPPORT AUTHORIZED.—The Secretary of De5 fense may provide support to one or more public or private 

6 programs designed to facilitate representation by attor7 neys who provide pro bono legal assistance of members 

8 of the Armed Forces who are in need of such representa9 tion. 

10 (b) FINANCIAL SUPPORT.— 

11 (1) IN GENERAL.—The support provided a pro12 gram under subsection (a) may include financial 

13 support of the program. 

14 (2) LIMITATION ON AMOUNT.—The total 

15 amount of financial support provided under sub16 section (a) in any fiscal year may not exceed 

17 $500,000. 

18 (3) DETERMINATION.—The Secretary may not 

19 provide financial support under subsection (a) unless 

20 the Secretary determines that services available at 

21 no cost to the Department of Defense or individual 

22 members of the Armed Forces that facilitate rep23 resentation by attorneys who provide pro bono legal 

24 assistance to members of the Armed Forces who are 

25 in need of such assistance are not available. 


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1 (4) FUNDING.—Amounts for financial support 

2 under this section shall be derived from amounts au3 thorized to be appropriated for the Department of 

4 Defense for operation and maintenance. 

5 Subtitle F—Sexual Assault 

6 Prevention and Response 

7 SEC. 561. DIRECTOR OF THE SEXUAL ASSAULT PREVEN8 TION AND RESPONSE OFFICE. 

9 Section 1611(a) of the Ike Skelton National Defense 

10 Authorization Act for Fiscal Year 2011 (Public Law 111– 

11 383; 124 Stat. 4431; 10 U.S.C. 1561 note) is amended 

12 by adding before the period at the end of the first sentence 

13 the following: ‘‘, who shall be appointed from among gen14 eral or flag officers of the Armed Forces or employees of 

15 the Department of Defense in a comparable Senior Execu16 tive Service position’’. 

17 SEC. 562. SEXUAL ASSAULT RESPONSE COORDINATORS 

18 AND SEXUAL ASSAULT VICTIM ADVOCATES. 

19 (a) GUIDANCE REQUIRED.—Not later than 60 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Defense shall issue guidance to implement the appro22 priate recommendations of the Report of the Defense Task 

23 Force on Sexual Assault in the Military Services (Decem24 ber 2009). Such guidance shall— 


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1 (1) require the Secretary of each military de2 partment to determine (which determination shall be 

3 based on the unique mission, military population, 

4 and force structure of the applicable Armed Force) 

5 the appropriate number of Sexual Assault Response 

6 Coordinators and Sexual Assault Victim Advocates 

7 to be assigned to deployed and non-deployed military 

8 units under the jurisdiction of such Secretary; 

9 (2) require that each installation or similar or10 ganizational level have at least one Sexual Assault 

11 Response Coordinator; 

12 (3) establish, or require the Secretary of each 

13 military department to establish, credentialing pro14 grams for Sexual Assault Response Coordinators 

15 and for Sexual Assault Victim Advocates; and 

16 (4) ensure that, after October 1, 2013, only 

17 members of the Armed Forces on active duty or full18 time civilian employees of the Department of De19 fense who have obtained the appropriate credentials 

20 under a program under paragraph (3) may be as21 signed to duty as a Sexual Assault Response Coordi22 nator or a Sexual Assault Victim Advocate. 

23 (b) REPORT REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the Secretary 

25 of Defense shall submit Congress a report on the status 


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1 of the implementation of the recommendations of the De2 fense Task Force on Sexual Assault in the Military Serv3 ices. The report shall set forth the anticipated date of the 

4 completion of the implementation by each military depart5 ment of the guidance issued under subsection (a). 

6 SEC. 563. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL 

7 ASSISTANCE AND SERVICES OF SEXUAL AS8 SAULT RESPONSE COORDINATORS AND SEX9 UAL ASSAULT VICTIM ADVOCATES. 

10 (a) LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL AS11 SAULT.—Not later than 60 days after the date of the en12 actment of this Act, the Secretaries of the military depart13 ments shall prescribe regulations on the provision of legal 

14 assistance to victims of sexual assault. Such regulations 

15 shall require that legal assistance be provided by military 

16 or civilian legal assistance counsel pursuant to section 

17 1044 of title 10, United States Code. 

18 (b) ASSISTANCE AND REPORTING.— 

19 (1) IN GENERAL.—Chapter 80 of title 10, 

20 United States Code, is amended by inserting after 

21 section 1565a the following new section: 


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1 ‘‘§ 1565b. Victims of sexual assault: access to legal as2 sistance and services of Sexual Assault 

3 Response Coordinators and Sexual As4 sault Victim Advocates 

5 ‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VIC6 TIM ADVOCATE SERVICES.—(1) A member of the armed 

7 forces who is the victim of a sexual assault may be pro8 vided the following: 

9 ‘‘(A) Legal assistance provided by military or 

10 civilian legal assistance counsel pursuant to section 

11 1044 of this title. 

12 ‘‘(B) Assistance provided by a Sexual Assault 

13 Response Coordinator. 

14 ‘‘(C) Assistance provided by a Sexual Assault 

15 Victim Advocate. 

16 ‘‘(2) A member of the armed forces who is the victim 

17 of sexual assault shall be informed of the availability of 

18 assistance under paragraph (1) as soon as the member 

19 seeks assistance from a Sexual Assault Response Coordi20 nator, a Sexual Assault Victim Advocate, a military crimi21 nal investigator, a victim/witness liaison, or a trial counsel. 

22 The member shall also be informed that the legal assist23 ance and the services of a Sexual Assault Response Coor24 dinator or a Sexual Assault Victim Advocate under para25 graph (1) are optional and may be declined, in whole or 

26 in part, at any time. 


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1 ‘‘(3) Legal assistance and the services of Sexual As2 sault Response Coordinators and Sexual Assault Victim 

3 Advocates under paragraph (1) shall be available to a 

4 member regardless of whether the member elects unre5 stricted or restricted (confidential) reporting of the sexual 

6 assault. 

7 ‘‘(b) RESTRICTED REPORTING.—(1) Under regula8 tions prescribed by the Secretary of Defense, a member 

9 of the armed forces who is the victim of a sexual assault 

10 may elect to confidentially disclose the details of the as11 sault to an individual specified in paragraph (2) and re12 ceive medical treatment, legal assistance under section 

13 1044 of this title, or counseling, without initiating an offi14 cial investigation of the allegations. 

15 ‘‘(2) The individuals specified in this paragraph are 

16 the following: 

17 ‘‘(A) A military legal assistance counsel. 

18 ‘‘(B) A Sexual Assault Response Coordinator. 

19 ‘‘(C) A Sexual Assault Victim Advocate. 

20 ‘‘(D) Healthcare personnel specifically identified 

21 in the regulations required by paragraph (1). 

22 ‘‘(E) A chaplain.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 80 of such title is 


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1 amended by inserting after the item relating to sec2 tion 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.’’. 

3 SEC. 564. REQUIREMENT FOR PRIVILEGE IN CASES ARIS4 ING UNDER UNIFORM CODE OF MILITARY 

5 JUSTICE AGAINST DISCLOSURE OF COMMU6 NICATIONS BETWEEN SEXUAL ASSAULT VIC7 TIMS AND SEXUAL ASSAULT RESPONSE CO8 ORDINATORS, SEXUAL ASSAULT VICTIM AD9 VOCATES, AND CERTAIN OTHER PERSONS. 

10 Not later than 60 days after the date of the enact11 ment of this Act, the President shall establish in the Man12 ual for Courts-Martial an evidentiary privilege against dis13 closure of certain communications by victims of sexual as14 sault with Sexual Assault Response Coordinators, Sexual 

15 Assault Victim Advocates, and such other persons as the 

16 President shall specify for purposes of the privilege. 

17 SEC. 565. EXPEDITED CONSIDERATION AND DECISION-MAK18 ING ON REQUESTS FOR PERMANENT CHANGE 

19 OF STATION OR UNIT TRANSFER OF VICTIMS 

20 OF SEXUAL ASSAULT. 

21 (a) EXPEDITED CONSIDERATION AND PRIORITY FOR

22 DECISIONMAKING.—The Secretaries of the military de23 partments shall provide guidance on expedited consider24 ation and decision-making, to the maximum extent pracVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 ticable, on requests for a permanent change of station or 

2 unit transfer submitted by a member of the Armed Forces 

3 serving on active duty who was a victim of a sexual as4 sault. 

5 (b) REGULATIONS.—The Secretaries of the military 

6 departments shall prescribe regulations to carry out this 

7 section. 

8 SEC. 566. DEPARTMENT OF DEFENSE POLICY AND PROCE9 DURES ON RETENTION AND ACCESS TO EVI10 DENCE AND RECORDS RELATING TO SEXUAL 

11 ASSAULTS INVOLVING MEMBERS OF THE 

12 ARMED FORCES. 

13 (a) COMPREHENSIVE POLICY ON RETENTION AND

14 ACCESS TO RECORDS.—Not later than February 1, 2013, 

15 the Secretary of Defense shall, in consultation with the 

16 Secretary of Veterans Affairs, develop a comprehensive 

17 policy for the Department of Defense on the retention of 

18 and access to evidence and records relating to sexual as19 saults involving members of the Armed Forces. 

20 (b) OBJECTIVES.—The comprehensive policy required 

21 by subsection (a) shall include policies and procedures (in22 cluding systems of records) necessary to ensure preserva23 tion of records and evidence for periods of time that en24 sure that members of the Armed Forces and veterans of 

25 military service who were the victims of sexual assault durVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 ing military service are able to substantiate claims for vet2 erans benefits, to support criminal or civil prosecutions by 

3 military or civil authorities, and for such purposes relating 

4 to the documentation of the incidence of sexual assault 

5 in the Armed Forces as the Secretary of Defense considers 

6 appropriate. 

7 (c) ELEMENTS.—In developing the comprehensive 

8 policy required by subsection (a), the Secretary of Defense 

9 shall consider, at a minimum, the following matters: 

10 (1) Identification of records, including non-De11 partment of Defense records, relating to an incident 

12 of sexual assault, that must be retained. 

13 (2) Criteria for collection and retention of 

14 records. 

15 (3) Identification of physical evidence and non16 documentary forms of evidence relating to sexual as17 saults that must be retained. 

18 (4) Length of time records and evidence must 

19 be retained, except that the length of time documen20 tary evidence, physical evidence and forensic evi21 dence must be retained shall be not less than five 

22 years. 

23 (5) Locations where records must be stored. 


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1 (6) Media which may be used to preserve 

2 records and assure access, including an electronic 

3 systems of records. 

4 (7) Protection of privacy of individuals named 

5 in records and status of records under section 552 

6 of title 5, United States Code (commonly referred to 

7 as the ‘‘Freedom of Information Act’’), section 552a 

8 of title 5, United States Code (commonly referred to 

9 as the ‘‘Privacy Act’’), and laws related to privilege. 

10 (8) Access to records by victims of sexual as11 sault, the Department of Veterans Affairs, and oth12 ers, including alleged assailants and law enforcement 

13 authorities. 

14 (9) Responsibilities for record retention by the 

15 military departments. 

16 (10) Education and training on record retention 

17 requirements. 

18 (11) Uniform collection of data on the incidence 

19 of sexual assaults and on disciplinary actions taken 

20 in substantiated cases of sexual assault. 

21 (d) UNIFORM APPLICATION TO MILITARY DEPART22 MENTS.—The Secretary of Defense shall ensure that, to 

23 the maximum extent practicable, the policy developed 

24 under subsection (a) is implemented uniformly by the mili25 tary departments. 


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1 Subtitle G—Defense Dependents’ 

2 Education 

3 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

4 EDUCATIONAL AGENCIES THAT BENEFIT DE5 PENDENTS OF MEMBERS OF THE ARMED 

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES. 

8 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

9 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

10 amount authorized to be appropriated for fiscal year 2012 

11 by section 301 and available for operation and mainte12 nance for Defense-wide activities as specified in the fund13 ing table in section 4301, $25,000,000 shall be available 

14 only for the purpose of providing assistance to local edu15 cational agencies under subsection (a) of section 572 of 

16 the National Defense Authorization Act for Fiscal Year 

17 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

18 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

19 this section, the term ‘‘ ‘local educational agency’ ’’ has the 

20 meaning given that term in section 8013(9) of the Ele21 mentary and Secondary Education Act of 1965 (20 U.S.C. 

22 7713(9)). 


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1 SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES. 

3 Of the amount authorized to be appropriated for fis4 cal year 2012 pursuant to section 301 and available for 

5 operation and maintenance for Defense-wide activities as 

6 specified in the funding table in section 4301, $5,000,000 

7 shall be available for payments under section 363 of the 

8 Floyd D. Spence National Defense Authorization Act for 

9 Fiscal Year 2001 (as enacted into law by Public Law 106– 

10 398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

11 SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF 

12 AUTHORITIES ON TRANSITION OF MILITARY 

13 DEPENDENT STUDENTS AMONG LOCAL EDU14 CATIONAL AGENCIES. 

15 (a) ADDITIONAL AUTHORITIES.—Paragraph (2)(B) 

16 of section 574(d) of the John Warner National Defense 

17 Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b 

18 note) is amended— 

19 (1) by inserting ‘‘grant assistance’’ after ‘‘To 

20 provide’’; and 

21 (2) by striking ‘‘including—‘‘ and all that fol22 lows and inserting ‘‘including programs on the fol23 lowing: 

24 ‘‘(i) Access to virtual and distance learning 

25 capabilities and related applications. 

26 ‘‘(ii) Training for teachers. 


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1 ‘‘(iii) Academic strategies to increase aca2 demic achievement. 

3 ‘‘(iv) Curriculum development. 

4 ‘‘(v) Support for practices that minimize 

5 the impact of transition and deployment. 

6 ‘‘(vi) Other appropriate services to improve 

7 the academic achievement of such students.’’. 

8 (b) THREE-YEAR EXTENSION.—Paragraph (3) of 

9 such section is amended by striking ‘‘September 30, 

10 2013’’ and inserting ‘‘September 30, 2016’’. 

11 Subtitle H—Military Family 

12 Readiness 

13 SEC. 576. MODIFICATION OF MEMBERSHIP OF DEPART14 MENT OF DEFENSE MILITARY FAMILY READI15 NESS COUNCIL. 

16 Subsection (b) of section 1781a of title 10, United 

17 States Code, is amended to read as follows: 

18 ‘‘(b) MEMBERS.—(1) The Council shall consist of the 

19 following members: 

20 ‘‘(A) The Under Secretary of Defense for Per21 sonnel and Readiness, who shall serve as chair of the 

22 Council and who may designate a representative to 

23 chair the council in the Under Secretary’s absence. 

24 ‘‘(B) The following, who shall be appointed or 

25 designated by the Secretary of Defense: 


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1 ‘‘(i) One representative of each of the 

2 Army, Navy, Marine Corps, and Air Force, 

3 each of whom may be a member of the armed 

4 force to be represented, the spouse of such a 

5 member, or the parent of such a member, and 

6 may represent either the regular component or 

7 a reserve component of that armed force. 

8 ‘‘(ii) One representative of the Army Na9 tional Guard or Air National Guard, who may 

10 be a member of the National Guard, the spouse 

11 of such a member, or the parent of such a 

12 member. 

13 ‘‘(iii) One spouse of a member of each of 

14 the Army, Navy, Marine Corps, and Air Force, 

15 two of whom shall be the spouse of a regular 

16 component member and two of whom shall be 

17 the spouse of a reserve component member. 

18 ‘‘(iv) Three individuals appointed by the 

19 Secretary of Defense from among representa20 tives of military family organizations, including 

21 military family organizations of families of 

22 members of the regular components and of fam23 ilies of members of the reserve components. 

24 ‘‘(v) The senior enlisted advisor, or the 

25 spouse of a senior enlisted member, from each 


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1 of the Army, Navy, Marine Corps, and Air 

2 Force. 

3 ‘‘(C) The Director of the Office of Community 

4 Support for Military Families with Special Needs. 

5 ‘‘(2)(A) The term on the Council of the members ap6 pointed or designated under clauses (i) and (iii) of para7 graph (1)(B) shall be two years and may be renewed by 

8 the Secretary of Defense. Representation on the Council 

9 under clause (ii) of that paragraph shall rotate between 

10 the Army National Guard and Air National Guard every 

11 two years on a calendar year basis. 

12 ‘‘(B) The term on the Council of the members ap13 pointed under clause (iv) of paragraph (1)(B) shall be 

14 three years.’’. 

15 Subtitle I—Other Matters 

16 SEC. 581. COLD WAR SERVICE MEDAL. 

17 (a) MEDAL AUTHORIZED.—The Secretary of Defense 

18 may authorize the issuance by the Secretaries concerned 

19 of a service medal, to be known as the ‘‘Cold War Service 

20 Medal’’, to persons eligible to receive the medal under the 

21 regulations under subsection (b). 

22 (b) REGULATIONS.— 

23 (1) IN GENERAL.—The issuance of a Cold War 

24 Service Medal under this section shall be subject to 

25 regulations prescribed by Secretary of Defense. 


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1 (2) ELEMENTS.—The regulations shall— 

2 (A) provide for an appropriate design for 

3 the Cold War Service Medal; and 

4 (B) specify the persons eligible to receive 

5 the medal. 

6 (c) SECRETARIES CONCERNED DEFINED.—In this 

7 section, the term ‘‘Secretaries concerned’’ has the meaning 

8 given that term in section 101(a)(9) of title 10, United 

9 States Code. 

10 SEC. 582. ENHANCEMENT AND IMPROVEMENT OF YELLOW 

11 RIBBON REINTEGRATION PROGRAM. 

12 (a) INCLUSION OF PROGRAMS OF OUTREACH IN PRO13 GRAM.—Subsection (b) of section 582 of the National De14 fense Authorization Act for Fiscal Year 2008 (10 U.S.C. 

15 10101 note) is amended by inserting ‘‘(including programs 

16 of outreach)’’ after ‘‘informational events and activities’’. 

17 (b) RESTATEMENT OF FUNCTIONS OF CENTER FOR

18 EXCELLENCE IN REINTEGRATION AND INCLUSION IN

19 FUNCTIONS OF IDENTIFICATION OF BEST PRACTICES IN

20 PROGRAMS OF OUTREACH.—Subsection (d)(2) of such 

21 section is amended by striking the second, third, and 

22 fourth sentences and inserting the following: ‘‘The Center 

23 shall have the following functions: 

24 ‘‘(A) To collect and analyze ‘lessons 

25 learned’ and suggestions from State National 


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1 Guard and Reserve organizations with existing 

2 or developing reintegration programs. 

3 ‘‘(B) To assist in developing training aids 

4 and briefing materials and training representa5 tives from State National Guard and Reserve 

6 organizations. 

7 ‘‘(C) To develop and implement a process 

8 for evaluating the effectiveness of the Yellow 

9 Ribbon Reintegration Program in supporting 

10 the health and well-being of members of the 

11 Armed Forces and their families throughout the 

12 deployment cycle described in subsection (g). 

13 ‘‘(D) To develop and implement a process 

14 for identifying best practices in the delivery of 

15 information and services in programs of out16 reach as described in subsection (j).’’. 

17 (c) STATE-LED PROGRAMS OF OUTREACH.—Such 

18 section is further amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(j) STATE-LED PROGRAMS OF OUTREACH.—The 

21 Office for Reintegration Programs may work with the 

22 States, whether acting through or in coordination with 

23 their National Guard and Reserve organizations, to assist 

24 the States and such organizations in developing and car25 rying out programs of outreach for members of the Armed 


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1 Forces and their families to inform and educate them on 

2 the assistance and services available to them under the 

3 Yellow Ribbon Reintegration Program, including the as4 sistance and services described in subsection (h).’’. 

5 (d) SCOPE OF ACTIVITIES UNDER PROGRAMS OF

6 OUTREACH.—Such section is further amended by adding 

7 at the end the following new subsection: 

8 ‘‘(k) SCOPE OF ACTIVITIES UNDER PROGRAMS OF

9 OUTREACH.—For purposes of this section, the activities 

10 and services provided under programs of outreach may in11 clude personalized and substantive care coordination serv12 ices targeted specifically to individual members of the 

13 Armed Forces and their families.’’. 

14 SEC. 583. REPORT ON PROCESS FOR EXPEDITED DETER15 MINATION OF DISABILITY OF MEMBERS OF 

16 THE ARMED FORCES WITH CERTAIN DIS17 ABLING CONDITIONS. 

18 (a) IN GENERAL.—Not later than September 1, 

19 2012, the Secretary of Defense shall submit to Congress 

20 a report setting forth an assessment of the feasibility and 

21 advisability of the establishment by the military depart22 ments of a process to expedite the determination of dis23 ability with respect members of the Armed Forces, includ24 ing regular members and members of the reserve compo25 nents, who suffer from certain disabling diseases or condiVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 tions. If the establishment of such a process is considered 

2 feasible and advisable, the report shall set forth such rec3 ommendations for legislative and administrative action as 

4 the Secretary consider appropriate for the establishment 

5 of such process. 

6 (b) REQUIREMENTS FOR STUDY FOR REPORT.— 

7 (1) EVALUATION OF APPROPRIATE ELEMENTS

8 OF SIMILAR FEDERAL PROGRAMS.—In conducting 

9 the study required for purposes of the preparation of 

10 the report required by subsection (a), the Secretary 

11 of Defense shall evaluate elements of programs for 

12 expedited determinations of disability that are cur13 rently carried out by other departments and agencies 

14 of the Federal Government, including the Quick Dis15 ability Determination program and the Compas16 sionate Allowances program of the Social Security 

17 Administration. 

18 (2) CONSULTATION.—The Secretary of Defense 

19 shall conduct the study in consultation with the Sec20 retary of Veterans Affairs. 

21 SEC. 584. REPORT ON THE ACHIEVEMENT OF DIVERSITY 

22 GOALS FOR THE LEADERSHIP OF THE ARMED 

23 FORCES. 

24 (a) REPORT REQUIRED.—Not later than one year 

25 after the date of the enactment of this Act, the Secretary 


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1 of Defense shall submit to the Committees on Armed Serv2 ices of the Senate and the House of Representatives a re3 port on the achievement of diversity goals for the leader4 ship of the Armed Forces. 

5 (b) ELEMENTS.—The report required by subsection 

6 (a) shall include the following: 

7 (1) An assessment by each Secretary of a mili8 tary department of progress towards the achieve9 ment of diversity goals for the leadership within 

10 each Armed Force under the jurisdiction of such 

11 Secretary, including the reserve components of such 

12 Armed Force. 

13 (2) A discussion of the findings and rec14 ommendations included in the final report of the 

15 Military Leadership Diversity Commission entitled 

16 ‘‘From Representation to Inclusion: Diversity Lead17 ership for the 21st Century Military’’, and in other 

18 relevant policies, studies, reports, evaluations, and 

19 assessments. 

20 SEC. 585. SPECIFICATION OF PERIOD IN WHICH APPLICA21 TION FOR VOTER REGISTRATION OR ABSEN22 TEE BALLOT FROM AN OVERSEAS VOTER IS 

23 VALID. 

24 Section 104 of the Uniformed and Overseas Citizens 

25 Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— 


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1 (1) by inserting ‘‘or overseas voter’’ after ‘‘ab2 sent uniformed services voter’’; and 

3 (2) by striking ‘‘members of the uniformed 

4 services’’ and inserting ‘‘uniformed services voters or 

5 overseas voters’’. 

6 TITLE VI—COMPENSATION AND 

7 OTHER PERSONNEL BENEFITS 

8 Subtitle A—Bonuses and Special 

9 and Incentive Pays 

10 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

11 BONUS AND SPECIAL PAY AUTHORITIES. 

12 (a) AUTHORITIES RELATING TO RESERVE

13 FORCES.—The following sections of title 37, United 

14 States Code, are amended by striking ‘‘December 31, 

15 2011’’ and inserting ‘‘December 31, 2012’’: 

16 (1) Section 308b(g), relating to Selected Re17 serve reenlistment bonus. 

18 (2) Section 308c(i), relating to Selected Reserve 

19 affiliation or enlistment bonus. 

20 (3) Section 308d(c), relating to special pay for 

21 enlisted members assigned to certain high-priority 

22 units. 

23 (4) Section 308g(f)(2), relating to Ready Re24 serve enlistment bonus for persons without prior 

25 service. 


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1 (5) Section 308h(e), relating to Ready Reserve 

2 enlistment and reenlistment bonus for persons with 

3 prior service. 

4 (6) Section 308i(f), relating to Selected Reserve 

5 enlistment and reenlistment bonus for persons with 

6 prior service. 

7 (7) Section 910(g), relating to income replace8 ment payments for reserve component members ex9 periencing extended and frequent mobilization for 

10 active duty service. 

11 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

12 CARE PROFESSIONALS.—The following sections of title 

13 10, United States Code, are amended by striking ‘‘Decem14 ber 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

15 (1) Section 2130a(a)(1), relating to nurse offi16 cer candidate accession program. 

17 (2) Section 16302(d), relating to repayment of 

18 education loans for certain health professionals who 

19 serve in the Selected Reserve. 

20 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

21 CARE PROFESSIONALS.—The following sections of title 

22 37, United States Code, are amended by striking ‘‘Decem23 ber 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

24 (1) Section 302c-1(f), relating to accession and 

25 retention bonuses for psychologists. 


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1 (2) Section 302d(a)(1), relating to accession 

2 bonus for registered nurses. 

3 (3) Section 302e(a)(1), relating to incentive 

4 special pay for nurse anesthetists. 

5 (4) Section 302g(e), relating to special pay for 

6 Selected Reserve health professionals in critically 

7 short wartime specialties. 

8 (5) Section 302h(a)(1), relating to accession 

9 bonus for dental officers. 

10 (6) Section 302j(a), relating to accession bonus 

11 for pharmacy officers. 

12 (7) Section 302k(f), relating to accession bonus 

13 for medical officers in critically short wartime spe14 cialties. 

15 (8) Section 302l(g), relating to accession bonus 

16 for dental specialist officers in critically short war17 time specialties. 

18 (9) Section 335(k), relating to bonus and incen19 tive pay authorities for officers in health professions. 

20 (d) AUTHORITIES RELATING TO NUCLEAR OFFI21 CERS.—The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2011’’ and 

23 inserting ‘‘December 31, 2012’’: 


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1 (1) Section 312(f), relating to special pay for 

2 nuclear-qualified officers extending period of active 

3 service. 

4 (2) Section 312b(c), relating to nuclear career 

5 accession bonus. 

6 (3) Section 312c(d), relating to nuclear career 

7 annual incentive bonus. 

8 (4) Section 333(i), relating to special bonus and 

9 incentive pay authorities for nuclear officers. 

10 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI11 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU12 THORITIES.—The following sections of title 37, United 

13 States Code, are amended by striking ‘‘December 31, 

14 2011’’ and inserting ‘‘December 31, 2012’’: 

15 (1) Section 331(h), relating to general bonus 

16 authority for enlisted members. 

17 (2) Section 332(g), relating to general bonus 

18 authority for officers. 

19 (3) Section 334(i), relating to special aviation 

20 incentive pay and bonus authorities for officers. 

21 (4) Section 351(h), relating to hazardous duty 

22 pay. 

23 (5) Section 352(g), relating to assignment pay 

24 or special duty pay. 


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1 (6) Section 353(i), relating to skill incentive 

2 pay or proficiency bonus. 

3 (7) Section 355(h), relating to retention incen4 tives for members qualified in critical military skills 

5 or assigned to high priority units. 

6 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU7 THORITIES.—The following sections of title 37, United 

8 States Code, are amended by striking ‘‘December 31, 

9 2011’’ and inserting ‘‘December 31, 2012’’: 

10 (1) Section 301b(a), relating to aviation officer 

11 retention bonus. 

12 (2) Section 307a(g), relating to assignment in13 centive pay. 

14 (3) Section 308(g), relating to reenlistment 

15 bonus for active members. 

16 (4) Section 309(e), relating to enlistment 

17 bonus. 

18 (5) Section 324(g), relating to accession bonus 

19 for new officers in critical skills. 

20 (6) Section 326(g), relating to incentive bonus 

21 for conversion to military occupational specialty to 

22 ease personnel shortage. 

23 (7) Section 327(h), relating to incentive bonus 

24 for transfer between the Armed Forces. 


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1 (8) Section 330(f), relating to accession bonus 

2 for officer candidates. 

3 (g) INCREASED BAH FOR AREAS EXPERIENCING

4 DISASTERS OR SUDDEN INCREASES IN PERSONNEL.— 

5 Section 403(b)(7)(E) of title 37, United States Code, is 

6 amended by inserting before the period at the end the fol7 lowing: ‘‘, except that such an increase may be prescribed 

8 for the period beginning on January 1, 2012, and ending 

9 on December 31, 2012’’. 

10 SEC. 612. MODIFICATION OF QUALIFYING PERIOD FOR PAY11 MENT OF HOSTILE FIRE AND IMMINENT DAN12 GER SPECIAL PAY AND HAZARDOUS DUTY 

13 SPECIAL PAY. 

14 (a) HOSTILE FIRE AND IMMINENT DANGER PAY.— 

15 Section 310 of title 37, United States Code, is amended— 

16 (1) in subsection (a), by striking ‘‘for any 

17 month or portion of a month’’ and inserting ‘‘for 

18 any day or portion of a day’’; 

19 (2) by striking subsection (b) and inserting the 

20 following new subsection (b): 

21 ‘‘(b) SPECIAL PAY AMOUNT.—The amount of special 

22 pay authorized by subsection (a) for a day or portion of 

23 a day may not exceed an amount equal to $225 divided 

24 by the number of days of the month in which such day 

25 falls.’’; 


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1 (3) in subsection (c)(1), by inserting ‘‘for any 

2 day (or portion of a day) of’’ before ‘‘not more than 

3 three additional months’’; and 

4 (4) in subsection (d)(2), by striking ‘‘any 

5 month’’ and inserting ‘‘any day’’. 

6 (b) HAZARDOUS DUTY PAY.—Section 351(c)(2) of 

7 such title is amended by striking ‘‘receipt of hazardous 

8 duty pay,’’ and all that follows and inserting ‘‘receipt of 

9 hazardous duty pay— 

10 ‘‘(A) in the case of hazardous duty pay 

11 payable under paragraph (1) of subsection (a), 

12 the Secretary concerned shall prorate the pay13 ment amount to reflect the duration of the 

14 member’s actual qualifying service during the 

15 month; and 

16 ‘‘(B) in the case of hazardous duty pay 

17 payable under paragraph (2) or (3) of sub18 section (a), the Secretary concerned may pro19 rate the payment amount to reflect the duration 

20 of the member’s actual qualifying service during 

21 the month.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on October 1, 2011, and shall 

24 apply with respect to duty performed on or after that date. 


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1 Subtitle B—Consolidation and Re2 form of Travel and Transpor3 tation Authorities 

4 SEC. 621. CONSOLIDATION AND REFORM OF TRAVEL AND 

5 TRANSPORTATION AUTHORITIES OF THE 

6 UNIFORMED SERVICES. 

7 (a) PURPOSE.—This section establishes general trav8 el and transportation provisions for members of the uni9 formed services and other travelers authorized to travel 

10 under official conditions. Recognizing the complexities and 

11 the changing nature of travel, the amendments made by 

12 this section provide the Secretary of Defense and the other 

13 administering Secretaries with the authority to prescribe 

14 and implement travel and transportation policy that is 

15 simple, clear, efficient, and flexible, and that meets mis16 sion and servicemember needs, while realizing cost savings 

17 that should come with a more efficient and less cum18 bersome system for travel and transportation. 

19 (b) CONSOLIDATED AUTHORITIES.—Title 37, United 

20 States Code, is amended by inserting after chapter 7 the 

21 following new chapter: 

22 ‘‘CHAPTER 8—TRAVEL AND 

23 TRANSPORTATION ALLOWANCES 

‘‘Sec. 

‘‘SUBCHAPTER I—TRAVEL AND TRANSPORTATION AUTHORITIES—NEW LAW

‘‘451. Definitions. 


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‘‘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. 


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‘‘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. 

1 ‘‘SUBCHAPTER I—TRAVEL AND 

2 TRANSPORTATION AUTHORITIES—NEW LAW 

3 ‘‘§ 451. Definitions 

4 ‘‘(a) DEFINITIONS RELATING TO PERSONS.—In this 

5 subchapter and subchapter II: 

6 ‘‘(1) The term ‘administering Secretary’ or ‘ad7 ministering Secretaries’ means the following: 

8 ‘‘(A) The Secretary of Defense, with re9 spect to the armed forces (including the Coast 

10 Guard when it is operating as a service in the 

11 Navy). 

12 ‘‘(B) The Secretary of Homeland Security, 

13 with respect to the Coast Guard when it is not 

14 operating as a service in the Navy. 


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1 ‘‘(C) The Secretary of Commerce, with re2 spect to the National Oceanic and Atmospheric 

3 Administration. 

4 ‘‘(D) The Secretary of Health and Human 

5 Services, with respect to the Public Health 

6 Service. 

7 ‘‘(2) The term ‘authorized traveler’ means a 

8 person who is authorized travel and transportation 

9 allowances when performing official travel ordered or 

10 authorized by the administering Secretary. Such 

11 term includes the following: 

12 ‘‘(A) A member of the uniformed services. 

13 ‘‘(B) A family member of a member of the 

14 uniformed services. 

15 ‘‘(C) A person acting as an escort or at16 tendant for a member or family member who is 

17 traveling on official travel or is traveling with 

18 the remains of a deceased member. 

19 ‘‘(D) A person who participates in a mili20 tary funeral honors detail. 

21 ‘‘(E) A Senior Reserve Officers’ Training 

22 Corps cadet or midshipman. 

23 ‘‘(F) An applicant or rejected applicant for 

24 enlistment. 


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1 ‘‘(G) Any person whose employment or 

2 service is considered directly related to a Gov3 ernment official activity or function under regu4 lations prescribed under section 464 of this 

5 title. 

6 ‘‘(H) Any other person not covered by sub7 paragraphs (A) through (G) who is determined 

8 by the administering Secretary pursuant to reg9 ulations prescribed under section 464 of this 

10 title as warranting the provision of travel bene11 fits for purposes of a particular travel incident. 

12 ‘‘(3) The term ‘family member’, with respect to 

13 a member of the uniformed services, means the fol14 lowing: 

15 ‘‘(A) A dependent. 

16 ‘‘(B) A child, as defined in section 

17 401(b)(1) of this title. 

18 ‘‘(C) A parent, as defined in section 

19 401(b)(2) of this title. 

20 ‘‘(D) A sibling of the member. 

21 ‘‘(E) A former spouse of the member. 

22 ‘‘(F) Any person not covered by subpara23 graphs (A) through (E) who is in a category 

24 specified in regulations prescribed under section 

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1 nection, or affiliation with a member or the 

2 family of a member, including any person spe3 cifically designated by a member to receive trav4 el benefits for a particular purpose. 

5 ‘‘(4) The term ‘dependent’, with respect to a 

6 member of the uniformed services, has the meaning 

7 given that term in section 401(a) of this title. 

8 ‘‘(b) DEFINITIONS RELATING TO TRAVEL AND

9 TRANSPORTATION ALLOWANCES.—In this subchapter and 

10 subchapter II: 

11 ‘‘(1) The term ‘official travel’ means the fol12 lowing: 

13 ‘‘(A) Military duty or official business per14 formed by an authorized traveler away from a 

15 duty assignment location or other authorized lo16 cation. 

17 ‘‘(B) Travel performed by an authorized 

18 traveler ordered to relocate from a permanent 

19 duty station to another permanent duty station. 

20 ‘‘(C) Travel performed by an authorized 

21 traveler ordered to the first permanent duty 

22 station, or separated or retired from uniformed 

23 service. 

24 ‘‘(D) Local travel in or around the tem25 porary duty or permanent duty station. 


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1 ‘‘(E) Other travel as authorized or ordered 

2 by the administering Secretary. 

3 ‘‘(2) The term ‘actual and necessary expenses’ 

4 means expenses incurred in fact by an authorized 

5 traveler as a reasonable consequence of official trav6 el. 

7 ‘‘(3) The term ‘travel allowances’ means the 

8 daily lodging, meals, and other related expenses, in9 cluding relocation expenses, incurred by an author10 ized traveler while on official travel. 

11 ‘‘(4) The term ‘transportation allowances’ 

12 means the costs of temporarily or permanently mov13 ing an authorized traveler, the personal property of 

14 an authorized traveler, or a combination thereof. 

15 ‘‘(5) The term ‘transportation-, lodging-, or 

16 meals-in-kind’ means transportation, lodging, or 

17 meals provided by the Government without cost to 

18 an authorized traveler. 

19 ‘‘(6) The term ‘miscellaneous expenses’ means 

20 authorized expenses incurred in addition to author21 ized allowances during the performance of official 

22 travel by an authorized traveler. 

23 ‘‘(7) The term ‘personal property’, with respect 

24 to transportation allowances, includes baggage, fur25 niture, and other household items, clothing, privately 


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1 owned vehicles, house trailers, mobile homes, and 

2 any other personal items that would not otherwise be 

3 prohibited by any other provision of law or regula4 tion prescribed under section 464 of this title. 

5 ‘‘(8) The term ‘relocation allowances’ means the 

6 costs associated with relocating a member of the 

7 uniformed services and the member’s dependents be8 tween an old and new temporary or permanent duty 

9 assignment location or other authorized location. 

10 ‘‘(9) The term ‘dislocation allowances’ means 

11 the costs associated with relocation of the household 

12 of a member of the uniformed services and the mem13 ber’s dependents in relation to a change in the mem14 ber’s permanent duty assignment location ordered 

15 for the convenience of the Government or incident to 

16 an evacuation. 

17 ‘‘§ 452. Allowable travel and transportation: general 

18 authorities 

19 ‘‘(a) IN GENERAL.—Except as otherwise prohibited 

20 by law, a member of the uniformed services or other au21 thorized traveler may be provided transportation-, lodging22 , or meals-in-kind, or actual and necessary expenses of 

23 travel and transportation, for, or in connection with, offi24 cial travel under circumstances as specified in regulations 

25 prescribed under section 464 of this title. 


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1 ‘‘(b) SPECIFIC CIRCUMSTANCES.—The authority 

2 under subsection (a) includes travel under or in connection 

3 with, but not limited to, the following circumstances, to 

4 the extent specified in regulations prescribed under section 

5 464 of this title: 

6 ‘‘(1) Temporary duty that requires travel be7 tween a permanent duty assignment location and an8 other authorized temporary duty location, and travel 

9 in or around the temporary duty location. 

10 ‘‘(2) Permanent change of station that requires 

11 travel between an old and new temporary or perma12 nent duty assignment location or other authorized 

13 location. 

14 ‘‘(3) Temporary duty or assignment relocation 

15 related to consecutive overseas tours or in-place-con16 secutive overseas tours. 

17 ‘‘(4) Recruiting duties for the armed forces. 

18 ‘‘(5) Assignment or detail to another Govern19 ment department or agency. 

20 ‘‘(6) Rest and recuperative leave. 

21 ‘‘(7) Convalescent leave. 

22 ‘‘(8) Reenlistment leave. 

23 ‘‘(9) Reserve component inactive-duty training 

24 performed outside the normal commuting distance of 

25 the member’s permanent residence. 


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1 ‘‘(10) Ready Reserve muster duty. 

2 ‘‘(11) Unusual, extraordinary, hardship, or 

3 emergency circumstances. 

4 ‘‘(12) Presence of family members at a military 

5 medical facility incident to the illness or injury of 

6 members. 

7 ‘‘(13) Presence of family members at the repa8 triation of members held captive. 

9 ‘‘(14) Presence of non-medical attendants for 

10 very seriously or seriously wounded, ill, or injured 

11 members. 

12 ‘‘(15) Attendance at Yellow Ribbon Reintegra13 tion Program events. 

14 ‘‘(16) Missing status, as determined by the Sec15 retary concerned under chapter 10 of this title. 

16 ‘‘(17) Attendance at or participation in inter17 national sports competitions described under section 

18 717 of title 10. 

19 ‘‘(c) MATTERS INCLUDED.—Travel and transpor20 tation allowances which may be provided under subsection 

21 (a) include the following: 

22 ‘‘(1) Allowances for transportation, lodging, and 

23 meals. 


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1 ‘‘(2) Dislocation or relocation allowances paid 

2 in connection with a change in a member’s tem3 porary or permanent duty assignment location. 

4 ‘‘(3) Other related miscellaneous expenses. 

5 ‘‘(d) MODE OF PROVIDING TRAVEL AND TRANSPOR6 TATION ALLOWANCES.—Any authorized travel and trans7 portation may be provided— 

8 ‘‘(1) as an actual expense; 

9 ‘‘(2) as an authorized allowance; 

10 ‘‘(3) in-kind; or 

11 ‘‘(4) using a combination of the authorities 

12 under paragraphs (1), (2), and (3). 

13 ‘‘(e) TRAVEL AND TRANSPORTATION ALLOWANCES

14 WHEN TRAVEL ORDERS ARE MODIFIED, ETC.—An au15 thorized traveler whose travel and transportation order or 

16 authorization is canceled, revoked, or modified may be al17 lowed actual and necessary expenses or travel and trans18 portation allowances in connection with travel performed 

19 pursuant to such order or authorization before such order 

20 or authorization is cancelled, revoked, or modified. 

21 ‘‘(f) ADVANCE PAYMENTS.—An authorized traveler 

22 may be allowed advance payments for authorized travel 

23 and transportation allowances. 


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1 ‘‘(g) RESPONSIBILITY FOR UNAUTHORIZED EX2 PENSES.—Any unauthorized travel or transportation ex3 pense is not the responsibility of the United States. 

4 ‘‘(h) RELATIONSHIP TO OTHER AUTHORITIES.—The 

5 administering Secretary may not provide payment under 

6 this section for an expense for which payment may be pro7 vided from any other appropriate Government or non-Gov8 ernment entity. 

9 ‘‘§ 453. Allowable travel and transportation: specific 

10 authorities 

11 ‘‘(a) IN GENERAL.—In addition to any other author12 ity for the provision of travel and transportation allow13 ances, the administering Secretaries may provide travel 

14 and transportation allowances under this subchapter in ac15 cordance with this section. 

16 ‘‘(b) AUTHORIZED ABSENCE FROM TEMPORARY

17 DUTY LOCATION.—An authorized traveler may be paid 

18 travel and transportation allowances, or reimbursed for 

19 actual and necessary expenses of travel, incurred at a tem20 porary duty location during an authorized absence from 

21 that location. 

22 ‘‘(c) MOVEMENT OF PERSONAL PROPERTY.—(1) A 

23 member of a uniformed service may be allowed moving ex24 penses and transportation allowances for self and depend25 ents associated with the movement of personal property 


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1 and household goods, including such expenses when asso2 ciated with a self-move. 

3 ‘‘(2) The authority in paragraph (1) includes the 

4 movement and temporary and non-temporary storage of 

5 personal property, household goods, and privately owned 

6 vehicles (but not to exceed one privately owned vehicle per 

7 member household) in connection with the temporary or 

8 permanent move between authorized locations. 

9 ‘‘(3) For movement of household goods, the admin10 istering Secretaries shall prescribe weight allowances in 

11 regulations under section 464 of this title. The prescribed 

12 weight allowances may not exceed 18,000 pounds (includ13 ing packing, crating, and household goods in temporary 

14 storage), except that the administering Secretary may, on 

15 a case-by-case basis, authorize additional weight allow16 ances as necessary. 

17 ‘‘(4) The administering Secretary may prescribe the 

18 terms, rates, and conditions that authorize a member of 

19 the uniformed services to ship or store a privately owned 

20 vehicle. 

21 ‘‘(5) No carrier, port agent, warehouseman, freight 

22 forwarder, or other person involved in the transportation 

23 of property may have any lien on, or hold, impound, or 

24 otherwise interfere with, the movement of baggage and 

25 household goods being transported under this section. 


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1 ‘‘(d) UNUSUAL OR EMERGENCY CIRCUMSTANCES.— 

2 An authorized traveler may be provided travel and trans3 portation allowances under this section for unusual, ex4 traordinary, hardship, or emergency circumstances, in5 cluding circumstances warranting evacuation from a per6 manent duty assignment location. 

7 ‘‘(e) PARTICULAR SEPARATION PROVISIONS.—The 

8 administering Secretary may provide travel-in-kind and 

9 transportation-in-kind for the following persons in accord10 ance with regulations prescribed under section 464 of this 

11 title: 

12 ‘‘(1) A member who is retired, or is placed on 

13 the temporary disability retired list, under chapter 

14 61 of title 10. 

15 ‘‘(2) A member who is retired with pay under 

16 any other law or who, immediately following at least 

17 eight years of continuous active duty with no single 

18 break therein of more than 90 days, is discharged 

19 with separation pay or is involuntarily released from 

20 active duty with separation pay or readjustment pay. 

21 ‘‘(3) A member who is discharged under section 

22 1173 of title 10. 

23 ‘‘(f) ATTENDANCE AT MEMORIAL CEREMONIES AND

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1 ation, burial, or memorial ceremony or service may be pro2 vided travel and transportation allowances to the extent 

3 provided in regulations prescribed under section 464 of 

4 this title. 

5 ‘‘§ 454. Travel and transportation: pilot programs 

6 ‘‘(a) PILOT PROGRAMS.—Except as otherwise prohib7 ited by law, the Secretary of Defense may conduct pilot 

8 programs to evaluate alternative travel and transportation 

9 programs, policies, and processes for Department of De10 fense authorized travelers. Any such pilot program shall 

11 be designed to enhance cost savings or other efficiencies 

12 that accrue to the Government and be conducted so as 

13 to evaluate one or more of the following: 

14 ‘‘(1) Alternative methods for performing and 

15 reimbursing travel. 

16 ‘‘(2) Means for limiting the need for travel. 

17 ‘‘(3) Means for reducing the environmental im18 pact of travel. 

19 ‘‘(b) LIMITATIONS.—(1) Not more than three pilot 

20 programs may be carried out under subsection (a) at any 

21 one time. 

22 ‘‘(2) The duration of a pilot program may not exceed 

23 four years. 

24 ‘‘(3) The authority to carry out a pilot program is 

25 subject to the availability of appropriated funds. 


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1 ‘‘(c) REPORTS.—(1) Not later than 30 days before 

2 the commencement of a pilot program under subsection 

3 (a), the Secretary shall submit to the congressional de4 fense committees a report on the pilot program. The re5 port on a pilot program under this paragraph shall set 

6 forth a description of the pilot program, including the fol7 lowing: 

8 ‘‘(A) The purpose of the pilot program. 

9 ‘‘(B) The duration of the pilot program. 

10 ‘‘(C) The cost savings or other efficiencies an11 ticipated to accrue to the Government under the 

12 pilot program. 

13 ‘‘(2) Not later than 60 days after the completion of 

14 a pilot program, the Secretary shall submit to the congres15 sional defense committees a report on the pilot program. 

16 The report on a pilot program under this paragraph shall 

17 set forth the following: 

18 ‘‘(A) A description of results of the pilot pro19 gram. 

20 ‘‘(B) Such recommendations for legislative or 

21 administrative action as the Secretary considers ap22 propriate in light of the pilot program. 

23 ‘‘(d) CONGRESSIONAL DEFENSE COMMITTEES DE24 FINED.—In this section, the term ‘congressional defense 


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1 committees’ has the meaning given that term in section 

2 101(a)(16) of title 10. 

3 ‘‘SUBCHAPTER II—ADMINISTRATIVE 

4 PROVISIONS 

5 ‘‘§ 461. Relationship to other travel and transpor6 tation authorities 

7 ‘‘An authorized traveler may not be paid travel and 

8 transportation allowances or receive travel-in-kind and 

9 transportation-in-kind, or a combination thereof, under 

10 both subchapter I and subchapter III for official travel 

11 performed under a single or related travel and transpor12 tation order or authorization by the administering Sec13 retary. 

14 ‘‘§ 462. Travel and transportation allowances paid to 

15 members that are unauthorized or in ex16 cess of authorized amounts: requirement 

17 for repayment 

18 ‘‘(a) REPAYMENT REQUIRED.—Except as provided in 

19 subsection (b), a member of the uniformed services or 

20 other person who is paid travel and transportation allow21 ances under subchapter I shall repay to the United States 

22 any amount of such payment that is determined to be un23 authorized or in excess of the applicable authorized 

24 amount. 


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1 ‘‘(b) EXCEPTION.—The regulations prescribed under 

2 section 464 of this title shall specify procedures for deter3 mining the circumstances under which an exception to re4 payment otherwise required by subsection (a) may be 

5 granted. 

6 ‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 

7 repay the United States under this section is, for all pur8 poses, a debt owed the United States. A discharge in bank9 ruptcy under title 11 does not discharge a person from 

10 such debt if the discharge order is entered less than five 

11 years after the date on which the debt was incurred. 

12 ‘‘§ 463. Programs of compliance; electronic processing 

13 of travel claims 

14 ‘‘(a) PROGRAMS OF COMPLIANCE.—The admin15 istering Secretaries shall provide for compliance with the 

16 requirements of this chapter through programs of compli17 ance established and maintained for that purpose. 

18 ‘‘(b) ELEMENTS.—The programs of compliance 

19 under subsection (a) shall— 

20 ‘‘(1) minimize the provision of benefits under 

21 this chapter based on inaccurate claims, unauthor22 ized claims, overstated or inflated claims, and mul23 tiple claims for the same benefits through the elec24 tronic verification of travel claims on a near-time 

25 basis and such other means as the administering 


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1 Secretaries may establish for purposes of the pro2 grams of compliance; and 

3 ‘‘(2) ensure that benefits provided under this 

4 chapter do not exceed reasonable or actual and nec5 essary expenses of travel claimed or reasonable al6 lowances based on commercial travel rates. 

7 ‘‘(c) ELECTRONIC PROCESSING OF TRAVEL

8 CLAIMS.—(1) By not later than the date that is five years 

9 after the date of the enactment of the National Defense 

10 Authorization Act for Fiscal Year 2012, any travel claim 

11 under this chapter shall be processed electronically. 

12 ‘‘(2) The administering Secretary, or the Secretary’s 

13 designee, may waive the requirement in paragraph (1) 

14 with respect to a particular claim in the interests of the 

15 department concerned. 

16 ‘‘(3) The electronic processing of claims under this 

17 subsection shall be subject to the regulations prescribed 

18 by the Secretary of Defense under section 464 of this title 

19 which shall apply uniformly to all members of the uni20 formed services and, to the extent practicable, to all other 

21 authorized travelers. 

22 ‘‘§ 464. Regulations 

23 ‘‘This subchapter and subchapter I shall be adminis24 tered under terms, rates, conditions, and regulations pre25 scribed by the Secretary of Defense in consultation with 


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1 the other administering Secretaries for members of the 

2 uniformed services. Such regulations shall be uniform for 

3 the Department of Defense and shall apply as uniformly 

4 as practicable to the uniformed services under the jurisdic5 tion of the other administering Secretaries. 

6 ‘‘SUBCHAPTER III—TRAVEL AND 

7 TRANSPORTATION AUTHORITIES—OLD LAW 

8 ‘‘§ 471. Travel authorities transition expiration date 

9 ‘‘In this subchapter, the term ‘travel authorities tran10 sition expiration date’ means the last day of the 10-year 

11 period beginning on the first day of the first month begin12 ning after the date of the enactment of the National De13 fense Authorization Act for Fiscal Year 2012. 

14 ‘‘§ 472. Definitions and other incorporated provisions 

15 of chapter 7 

16 ‘‘(a) DEFINITIONS.—The provisions of section 401 of 

17 this title apply to this subchapter. 

18 ‘‘(b) OTHER PROVISIONS.—The provisions of sections 

19 421 and 423 of this title apply to this subchapter.’’. 

20 (c) REPEAL OF OBSOLETE AUTHORITY.—Section 

21 411g of title 37, United States Code, is repealed. 

22 (d) TRANSFER OF SECTIONS.— 

23 (1) TRANSFER TO SUBCHAPTER I.—Section 412 

24 of title 37, United States Code, is transferred to 

25 chapter 8 of such title, as added by subsection (b), 


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1 inserted after section 454, and redesignated as sec2 tion 455. 

3 (2) TRANSFER OF CURRENT CHAPTER 7 AU4 THORITIES TO SUBCHAPTER III.—Sections 404, 

5 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 

6 408, 408a, 409, 410, 411, 411a through 411f, 411h 

7 through 411l, 428 through 432, 434, and 435 of 

8 such title are transferred (in that order) to chapter 

9 8 of such title, as added by subsection (b), inserted 

10 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 


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1 (3) TRANSFER OF SECTION 554.—Section 554 

2 of such title is transferred to chapter 8 of such title, 

3 as added by subsection (b), inserted after section 

4 481l (as transferred and redesignated by paragraph 

5 (2)), and redesignated as section 484. 

6 (e) SUNSET OF OLD-LAW AUTHORITIES.—Provisions 

7 of subchapter III of chapter 8 of title 37, United States 

8 Code, as transferred and redesignated by paragraphs (2) 

9 and (3) of subsection (c), are amended as follows: 

10 (1) Section 474 is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(k) No travel and transportation allowance or reim13 bursement may be provided under this section for travel 

14 that begins after the travel authorities transition expira15 tion date.’’. 

16 (2) Section 474a is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(f) TERMINATION.—No payment or reimbursement 

19 may be provided under this section with respect to a 

20 change of permanent station for which orders are issued 

21 after the travel authorities transition expiration date.’’. 

22 (3) Section 474b is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(e) TERMINATION.—No payment or reimbursement 

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1 thorized absence that begins after the travel authorities 

2 transition expiration date.’’. 

3 (4) Section 475 is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(f) TERMINATION.—During and after the travel au6 thorities expiration date, no per diem may be paid under 

7 this section for any period.’’. 

8 (5) Section 475a is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(c) During and after the travel authorities expira11 tion date, no allowance under subsection (a) or transpor12 tation or reimbursement under subsection (b) may be pro13 vided with respect to an authority or order to depart.’’. 

14 (6) Section 476 is amended by adding at the 

15 end the following new subsection: 

16 ‘‘(n) No transportation, reimbursement, allowance, or 

17 per diem may be provided under this section— 

18 ‘‘(1) with respect to a change of temporary or 

19 permanent station for which orders are issued after 

20 the travel authorities transition expiration date; or 

21 ‘‘(2) in a case covered by this section when such 

22 orders are not issued, with respect to a movement of 

23 baggage or household effects that begins after such 

24 date.’’. 

25 (7) Section 476a is amended— 


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1 (A) by inserting ‘‘(a) AUTHORITY.—’’ be2 fore ‘‘Under uniform regulations’’; and 

3 (B) by adding at the end the following new 

4 subsection: 

5 ‘‘(b) TERMINATION.—No transportation or travel or 

6 transportation allowance may be provided under this sec7 tion for travel that begins after the travel authorities tran8 sition expiration date.’’. 

9 (8) Section 476b is amended by adding at the 

10 end the following new subsection: 

11 ‘‘(e) No transportation or allowance may be provided 

12 under this section for travel that begins after the travel 

13 authorities transition expiration date.’’. 

14 (9) Section 476c is amended by adding at the 

15 end the following new subsection: 

16 ‘‘(e) TERMINATION.—No transportation or allowance 

17 may be provided under this section for travel that begins 

18 after the travel authorities transition expiration date.’’. 

19 (10) Section 477 is amended by adding at the 

20 end the following new subsection: 

21 ‘‘(i) TERMINATION.—No dislocation allowance may 

22 be paid under this section for a move that begins after 

23 the travel authorities transition expiration date.’’. 

24 (11) Section 478 is amended by adding at the 

25 end the following new subsection: 


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1 ‘‘(c) No travel or transportation allowance, payment, 

2 or reimbursement may be provided under this section for 

3 travel that begins after the travel authorities transition ex4 piration date.’’. 

5 (12) Section 478a(e) is amended by striking 

6 ‘‘December 31, 2011’’ and inserting ‘‘the travel au7 thorities transition expiration date’’. 

8 (13) Section 479 is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(e) No transportation of a house trailer or mobile 

11 home, or storage or payment in connection therewith, may 

12 be provided under this section for transportation that be13 gins after the travel authorities transition expiration 

14 date.’’. 

15 (14) Section 480 is amended by adding at the 

16 end the following new subsection: 

17 ‘‘(c) No travel or transportation allowance may be 

18 provided under this section for travel that begins after the 

19 travel authorities transition expiration date.’’. 

20 (15) Section 481 is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(e) The regulations prescribed under this section 

23 shall cease to be in effect as of the travel authorities tran24 sition expiration date.’’. 


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1 (16) Section 481a is amended by adding at the 

2 end the following new subsection: 

3 ‘‘(c) No travel and transportation allowance may be 

4 provided under this section for travel that is authorized 

5 after the travel authorities transition expiration date.’’. 

6 (17) Section 481b is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(d) TERMINATION.—No travel and transportation 

9 allowance may be provided under this section for travel 

10 that is authorized after the travel authorities transition 

11 expiration date.’’. 

12 (18) Section 481c is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(c) No transportation may be provided under this 

15 section after the travel authorities transition expiration 

16 date, and no payment may be made under this section for 

17 transportation that begins after that date.’’. 

18 (19) Section 481d is amended by adding at the 

19 end the following new subsection: 

20 ‘‘(d) No transportation may be provided under this 

21 section after the travel authorities transition expiration 

22 date.’’. 

23 (20) Section 481e is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(c) No travel and transportation allowance or reim2 bursement may be provided under this section for travel 

3 that begins after the travel authorities transition expira4 tion date.’’. 

5 (21) Section 481f is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(h) TERMINATION.—No travel and transportation 

8 allowance or reimbursement may be provided under this 

9 section for travel that begins after the travel authorities 

10 transition expiration date.’’. 

11 (22) Section 481h is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(e) TERMINATION.—No transportation, allowance, 

14 reimbursement, or per diem may be provided under this 

15 section for travel that begins after the travel authorities 

16 transition expiration date.’’. 

17 (23) Section 481i is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(c) TERMINATION.—No reimbursement may be pro20 vided under this section for expenses incurred after the 

21 travel authorities transition expiration date.’’. 

22 (24) Section 481j is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(e) TERMINATION.—No transportation, allowance, 

25 reimbursement, or per diem may be provided under this 


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1 section for travel that begins after the travel authorities 

2 transition expiration date.’’. 

3 (25) Section 481k is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(e) TERMINATION.—No transportation, allowance, 

6 reimbursement, or per diem may be provided under this 

7 section for travel that begins after the travel authorities 

8 transition expiration date.’’. 

9 (26) Section 481l is amended by adding at the 

10 end the following new subsection: 

11 ‘‘(e) TERMINATION.—No transportation, allowance, 

12 reimbursement, or per diem may be provided under this 

13 section for travel that begins after the travel authorities 

14 transition expiration date.’’. 

15 (27) Section 484 is amended by adding at the 

16 end the following new subsection: 

17 ‘‘(k) No transportation, allowance, or reimbursement 

18 may be provided under this section for a move that begins 

19 after the travel authorities transition expiration date.’’. 

20 (28) Section 488 is amended— 

21 (A) by inserting ‘‘(a) AUTHORITY.—’’ be22 fore ‘‘In addition’’; and 

23 (B) by adding at the end the following new 

24 subsection: 


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1 ‘‘(b) TERMINATION.—No reimbursement may be pro2 vided under this section for expenses incurred after the 

3 travel authorities transition expiration date.’’. 

4 (29) Section 489 is amended— 

5 (A) by inserting ‘‘(a) AUTHORITY.—’’ be6 fore ‘‘In addition’’; and 

7 (B) by adding at the end the following new 

8 subsection: 

9 ‘‘(b) TERMINATION.—No transportation or allowance 

10 may be provided under this section for travel that begins 

11 after the travel authorities transition expiration date.’’. 

12 (30) Section 490 is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(g) TERMINATION.—No transportation, allowance, 

15 reimbursement, or per diem may be provided under this 

16 section for travel that begins after the travel authorities 

17 transition expiration date.’’. 

18 (31) Section 492 is amended by adding at the 

19 end the following new subsection: 

20 ‘‘(c) No transportation or allowance may be provided 

21 under this section for travel that begins after the travel 

22 authorities transition expiration date.’’. 

23 (32) Section 494 is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(d) TERMINATION.—No reimbursement may be pro2 vided under this section for expenses incurred after the 

3 travel authorities transition expiration date.’’. 

4 (33) Section 495 is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(c) TERMINATION.—No allowance may be paid 

7 under this section for any day after the travel authorities 

8 transition expiration date.’’. 

9 (f) TECHNICAL AND CLERICAL AMENDMENTS.— 

10 (1) CHAPTER HEADING.—The heading of chap11 ter 7 of such title is amended to read as follows: 

12 ‘‘CHAPTER 7—ALLOWANCES OTHER 

13 THAN TRAVEL AND TRANSPORTATION 

14 ALLOWANCES’’. 

15 (2) TABLE OF CHAPTERS.—The table of chap16 ter preceding chapter 1 of such title is amended by 

17 striking the item relating to chapter 7 and inserting 

18 the following: 

‘‘7. Allowances Other Than Travel and Transportation Allowances ........ 401

‘‘8. Travel and Transportation Allowances ............................................... 451’’. 

19 (3) TABLES OF SECTIONS.— 

20 (A) The table of sections at the beginning 

21 of chapter 7 of such title is amended by striking 

22 the items relating to sections 404 through 412, 

23 428 through 432, 434, and 435. 


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1 (B) The table of sections at the beginning 

2 of chapter 9 of such title is amended by striking 

3 the item relating to section 554. 

4 (4) CROSS-REFERENCES.— 

5 (A) Any section of title 10 or 37, United 

6 States Code, that includes a reference to a sec7 tion of title 37 that is transferred and redesig8 nated by subsection (c) is amended so as to 

9 conform the reference to the section number of 

10 the section as so redesignated. 

11 (B) Any reference in a provision of law 

12 other than a section of title 10 or 37, United 

13 States Code, to a section of title 37 that is 

14 transferred and redesignated by subsection (c) 

15 is deemed to refer to the section as so redesig16 nated. 

17 SEC. 622. TRANSITION PROVISIONS. 

18 (a) IMPLEMENTATION PLAN.—The Secretary of De19 fense shall develop a plan to implement subchapters I and 

20 II of chapter 8 of title 37, United States Code (as added 

21 by section 621(b) of this Act), and to transition all of the 

22 travel and transportation programs for members of the 

23 uniformed services under chapter 7 of title 37, United 

24 States Code, solely to provisions of those subchapters by 

25 the end of the transition period. 


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1 (b) AUTHORITY FOR MODIFICATIONS TO OLD-LAW

2 AUTHORITIES DURING TRANSITION PERIOD.—During the 

3 transition period, the Secretary of Defense and the Secre4 taries concerned, in using the authorities under sub5 chapter III of chapter 8 of title 37, United States Code 

6 (as so added), may apply those authorities subject to the 

7 terms of such provisions and such modifications as the 

8 Secretary of Defense may include in the implementation 

9 plan required under subsection (a) or in any subsequent 

10 modification to that implementation plan. 

11 (c) COORDINATION.—The Secretary of Defense shall 

12 prepare the implementation plan under subsection (a) and 

13 any modification to that plan under subsection (b) in co14 ordination with— 

15 (1) the Secretary of Homeland Security, with 

16 respect to the Coast Guard; 

17 (2) the Secretary of Health and Human Serv18 ices, with respect to the commissioned corps of the 

19 Public Health Service; and 

20 (3) the Secretary of Commerce, with respect to 

21 the National Oceanic and Atmospheric Administra22 tion. 

23 (d) PROGRAM OF COMPLIANCE.—The Secretary of 

24 Defense and the other administering Secretaries shall 

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1 quired by section 463 of title 37, United States Code (as 

2 so added), by not later than one year after the date of 

3 the enactment of this Act. 

4 (e) TRANSITION PERIOD.—In this section, the term 

5 ‘‘transition period’’ means the 10-year period beginning 

6 on the first day of the first month beginning after the date 

7 of the enactment of this Act. 

8 Subtitle C—Disability, Retired Pay, 

9 and Survivor Benefits 

10 SEC. 631. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 

11 SERVICEMEMBERS’ GROUP LIFE INSURANCE 

12 FOR MEMBERS OF THE ARMED FORCES MAR13 RIED TO OTHER MEMBERS. 

14 Section 1967(a)(1) of title 38, United States Code, 

15 is amended— 

16 (1) in subparagraph (A)(ii), by inserting after 

17 ‘‘insurable dependent of the member’’ the following: 

18 ‘‘(other than a dependent who is also a member of 

19 a uniformed service and, because of such member20 ship, automatically insured under this paragraph)’’; 

21 and 

22 (2) in subparagraph (C)(ii), by inserting after 

23 ‘‘insurable dependent of the member’’ the following: 

24 ‘‘(other than a dependent who is also a member of 


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1 a uniformed service and, because of such member2 ship, automatically insured under this paragraph)’’. 

3 SEC. 632. LIMITATION ON AVAILABILITY OF CERTAIN 

4 FUNDS PENDING REPORT ON PROVISION OF 

5 SPECIAL COMPENSATION FOR MEMBERS OF 

6 THE UNIFORMED SERVICES WITH INJURY OR 

7 ILLNESS REQUIRING ASSISTANCE IN EVERY8 DAY LIVING. 

9 (a) LIMITATION ON FUNDS FOR TRAVEL OF

10 USD(PR).—Of the amount authorized to be appropriated 

11 for fiscal year 2012 for the Department of Defense for 

12 operation and maintenance for defense-wide activities as 

13 specified in the funding table in section 4301 and available 

14 for purposes of travel of the Office of the Under Secretary 

15 of Defense for Personnel and Readiness, not more than 

16 50 percent of such amount may be obligated or expended 

17 for such purposes until the Under Secretary of Defense 

18 for Personnel and Readiness submits to the congressional 

19 defense committees a report on the implementation by the 

20 Department of Defense of the authorities in section 439 

21 of title 37, United States Code, for payment of special 

22 compensation for members of the uniformed services with 

23 catastrophic injuries or illnesses requiring assistance in ev24 eryday living. 


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1 (b) ELEMENTS.—The report described in subsection 

2 (a) shall include a detailed description of the implementa3 tion by the Department of the authorities in section 439 

4 of title 37, United States Code, including the following: 

5 (1) A description of the criteria established pur6 suant to such section for the payment of special 

7 compensation under that section. 

8 (2) An assessment of the training needs of 

9 caregivers of members paid special compensation 

10 under that section, including— 

11 (A) a description of the types of training 

12 currently provided; 

13 (B) a description of additional types of 

14 training that could be provided; and 

15 (C) an assessment whether current De16 partment programs are adequate to meet such 

17 training needs. 

18 SEC. 633. REPEAL OF SENSE OF CONGRESS ON AGE AND 

19 SERVICE REQUIREMENTS FOR RETIRED PAY 

20 FOR NON-REGULAR SERVICE. 

21 Section 635 of the Ike Skelton National Defense Au22 thorization Act for Fiscal Year 2011 (Public Law 111– 

23 383; 124 Stat. 4241) is repealed. 


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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—TRICARE Program 

4 SEC. 701. ANNUAL COST-OF-LIVING ADJUSTMENT IN EN5 ROLLMENT FEES IN TRICARE PRIME. 

6 (a) IN GENERAL.—Section 1097a of title 10, United 

7 States Code, is amended— 

8 (1) by redesignating subsections (c), (d), (e), 

9 and (f) as subsections (d), (e), (f), and (g), respec10 tively; and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c) COST-OF-LIVING ADJUSTMENT IN ENROLLMENT

14 FEE.—(1) Whenever after September 30, 2012, the Sec15 retary of Defense increases the retired pay of members 

16 and former members of the armed forces pursuant to sec17 tion 1401a of this title, the Secretary shall increase the 

18 amount of the fee payable for enrollment in TRICARE 

19 Prime by an amount equal to the percentage of such fee 

20 payable on the day before the date of the increase of such 

21 fee that is equal to the percentage increase in such retired 

22 pay. In determining the amount of the increase in such 

23 retired pay for purposes of this subsection, the Secretary 

24 shall use the amount computed pursuant to section 

25 1401a(b)(2) of this title. The increase in such fee shall 


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1 be effective as of January 1 following the date of the in2 crease in such retired pay. 

3 ‘‘(2) The Secretary shall publish in the Federal Reg4 ister the amount of the fee payable for enrollment in 

5 TRICARE Prime whenever increased pursuant to this 

6 subsection.’’. 

7 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

8 (1) HEADING AMENDMENT.—The heading of 

9 such section is amended to read as follows: 

10 ‘‘§ 1097a. TRICARE Prime: automatic enrollment; en11 rollment fee; payment options’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 55 of such title is 

14 amended by striking the item relating to section 

15 1097a and inserting the following new item: 

‘‘1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment options.’’. 

16 SEC. 702. MAINTENANCE OF THE ADEQUACY OF PROVIDER 

17 NETWORKS UNDER THE TRICARE PROGRAM. 

18 Section 1097b(a) of title 10, United States Code, is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(3) In establishing rates and procedures for reim22 bursement of providers and other administrative require23 ments, including those contained in provider network 

24 agreements, the Secretary shall to the extent practicable 


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1 maintain adequate networks of providers, including insti2 tutional, professional, and pharmacy. Network providers 

3 under such provider network agreements are not consid4 ered subcontractors for purposes of the Federal Acquisi5 tion Regulation or any other law.’’. 

6 SEC. 703. TRANSITION ENROLLMENT OF UNIFORMED SERV7 ICES FAMILY HEALTH PLAN MEDICARE-ELI8 GIBLE RETIREES TO TRICARE FOR LIFE. 

9 Section 724(e) of the National Defense Authorization 

10 Act for Fiscal Year 1997 (10 U.S.C. 1073 note) is amend11 ed— 

12 (1) by striking ‘‘If a covered beneficiary’’ and 

13 inserting ‘‘(1) Except as provided in paragraph (2), 

14 if a covered beneficiary’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) After September 30, 2011, a covered beneficiary 

18 (other than a beneficiary under section 1079 of title 10, 

19 United States Code) who is also entitled to hospital insur20 ance benefits under part A of title XVIII of the Social 

21 Security Act due to age may not enroll in the managed 

22 care program of a designated provider unless the bene23 ficiary was enrolled in that program on September 30, 

24 2011.’’. 


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1 SEC. 704. MODIFICATION OF AUTHORITIES ON SURVEYS ON 

2 CONTINUED VIABILITY OF TRICARE STAND3 ARD AND TRICARE EXTRA. 

4 (a) SCOPE OF CERTAIN SURVEYS.—Subsection 

5 (a)(3)(A) of section 711 of the National Defense Author6 ization Act for Fiscal Year 2008 (Public Law 110–181; 

7 122 Stat. 190; 10 U.S.C. 1073 note) by striking ‘‘2011’’ 

8 and inserting ‘‘2015’’. 

9 (b) FREQUENCY OF SUBMITTAL OF GAO RE10 VIEWS.—Subsection (b)(2) of such section is amended by 

11 striking ‘‘bi-annual basis’’ and inserting ‘‘biennial basis’’. 

12 Subtitle B—Other Health Care 

13 Benefits 

14 SEC. 711. TRAVEL FOR ANESTHESIA SERVICES FOR CHILD15 BIRTH FOR COMMAND-SPONSORED DEPEND16 ENTS OF MEMBERS ASSIGNED TO REMOTE 

17 LOCATIONS OUTSIDE THE CONTINENTAL 

18 UNITED STATES. 

19 Section 1040(a) of title 10, United States Code, is 

20 amended— 

21 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2)(A) For purposes of paragraph (1), required 

25 medical attention of a dependent includes, in the case of 

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1 tion described in that paragraph, obstetrical anesthesia 

2 services for childbirth equivalent to the obstetrical anes3 thesia services for childbirth available in a military treat4 ment facility in the United States. 

5 ‘‘(B) In the case of a dependent at a remote location 

6 outside the continental United States who elects services 

7 described in subparagraph (A) and for whom air transpor8 tation would be needed to travel under paragraph (1) to 

9 the nearest appropriate medical facility in which adequate 

10 medical care is available, the Secretary may authorize the 

11 dependent to receive transportation under that paragraph 

12 to the continental United States and be treated at the 

13 military treatment facility that can provide appropriate 

14 obstetrical services that is nearest to the closest port of 

15 entry into the continental United States from such remote 

16 location. 

17 ‘‘(C) The second through sixth sentences of para18 graph (1) shall apply to a dependent provided transpor19 tation by reason of this paragraph. 

20 ‘‘(D) The total cost incurred by the United States 

21 for the provision of transportation and expenses (including 

22 per diem) with respect to a dependent by reason of this 

23 paragraph may not exceed the cost the United States 

24 would otherwise incur for the provision of transportation 

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1 graph (1) if the transportation and expenses were provided 

2 to that dependent without regard to this paragraph. 

3 ‘‘(E) The authority under this paragraph shall expire 

4 on September 30, 2016.’’. 

5 SEC. 712. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN 

6 MEMBERS WITH EXTENSION OF ACTIVE DUTY 

7 FOLLOWING ACTIVE DUTY IN SUPPORT OF A 

8 CONTINGENCY OPERATION. 

9 Section 1145(a)(4) of title 10, United States Code, 

10 is amended by adding at the end the following new sen11 tence: ‘‘For purposes of the preceding sentence, in the case 

12 of a member on active duty as described in subparagraph 

13 (B), (C), or (D) of paragraph (2) who, without a break 

14 in service, is extended on active duty for any reason, the 

15 180-day period shall begin on the date on which the mem16 ber is separated from such extended active duty.’’. 

17 SEC. 713. CODIFICATION AND IMPROVEMENT OF PROCE18 DURES FOR MENTAL HEALTH EVALUATIONS 

19 FOR MEMBERS OF THE ARMED FORCES. 

20 (a) CODIFICATION AND IMPROVEMENT OF PROCE21 DURES.— 

22 (1) IN GENERAL.—Chapter 55 of title 10, 

23 United States Code, is amended by inserting after 

24 section 1090 the following new section: 


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1 ‘‘§ 1090a. Commanding officer and supervisor refer2 rals of members for mental health evalua3 tions 

4 ‘‘(a) REGULATIONS.—The Secretary of Defense shall 

5 prescribe and maintain regulations relating to com6 manding officer and supervisor referrals of members of 

7 the armed forces for mental health evaluations. The regu8 lations shall incorporate the requirements set forth in sub9 sections (b), (c), and (d) and such other matters as the 

10 Secretary considers appropriate. 

11 ‘‘(b) REDUCTION OF PERCEIVED STIGMA.—The reg12 ulations required by subsection (a) shall, to the greatest 

13 extent possible— 

14 ‘‘(1) seek to eliminate perceived stigma associ15 ated with seeking and receiving mental health serv16 ices, promoting the use of mental health services on 

17 a basis comparable to the use of other medical and 

18 health services; and 

19 ‘‘(2) clarify the appropriate action to be taken 

20 by commanders or supervisory personnel who, in 

21 good faith, believe that a subordinate may require a 

22 mental health evaluation. 

23 ‘‘(c) PROCEDURES FOR INPATIENT EVALUATIONS.— 

24 The regulations required by subsection (a) shall provide 

25 that, when a commander or supervise determines that it 


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1 is necessary to refer a member of the armed forces for 

2 a mental health evaluation— 

3 ‘‘(1) the mental health evaluation shall only be 

4 conducted on an inpatient basis if and when such an 

5 evaluation cannot appropriately or reasonably be 

6 conducted on an outpatient basis, in accordance with 

7 the least restrictive alternative principle; and 

8 ‘‘(2) only a psychiatrist, or, in cases in which 

9 a psychiatrist is not available, another mental health 

10 professional or a physician, may admit the member 

11 pursuant to the referral for a mental health evalua12 tion to be conducted on an inpatient basis. 

13 ‘‘(d) PROHIBITION ON USE OF REFERRALS FOR

14 MENTAL HEALTH EVALUATIONS TO RETALIATE AGAINST

15 WHISTLEBLOWERS.—(1) The regulations required by sub16 section (a) shall provide that no person may refer a mem17 ber of the armed forces for a mental health evaluation as 

18 a reprisal for making or preparing a lawful communication 

19 of the type described in section 1034(c)(2) of this title, 

20 and applicable regulations. For purposes of this sub21 section, such communication also shall include a commu22 nication to any appropriate authority in the chain of com23 mand of the member. 

24 ‘‘(2) Such regulations shall provide that a referral for 

25 a mental health evaluation by a commander or supervisor, 


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1 when taken as a reprisal for a communication referred to 

2 in paragraph (1), may be the basis for a proceeding under 

3 section 892 of this title (article 92 of the Uniform Code 

4 of Military Justice). Persons not subject to chapter 47 of 

5 this title (the Uniform Code of Military Justice) who fail 

6 to comply with the provisions of this section are subject 

7 to adverse administrative action. 

8 ‘‘(3)(A) No person may restrict a member of the 

9 armed forces in communicating with an Inspector General, 

10 attorney, member of Congress, or others about the referral 

11 of a member of the armed forces for a mental health eval12 uation. 

13 ‘‘(B) Subparagraph (A) does not apply to a commu14 nication that is unlawful. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘Inspector General’ means the 

17 following: 

18 ‘‘(A) An Inspector General appointed 

19 under the Inspector General Act of 1978 (5 

20 U.S.C. App.). 

21 ‘‘(B) An officer of the armed forces as22 signed or detailed under regulations of the Sec23 retary concerned to serve as an Inspector Gen24 eral at any command level in one of the armed 

25 forces. 


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1 ‘‘(2) The term ‘mental health professional’ 

2 means a psychiatrist or clinical psychologist, a per3 son with a doctorate in clinical social work, or a psy4 chiatric clinical nurse specialist. 

5 ‘‘(3) The term ‘mental health evaluation’ means 

6 a psychiatric examination or evaluation, a psycho7 logical examination or evaluation, an examination for 

8 psychiatric or psychological fitness for duty, or any 

9 other means of assessing the state of mental health 

10 of a member of the armed forces. 

11 ‘‘(4) The term ‘least restrictive alternative prin12 ciple’ means a principle under which a member of 

13 the armed forces committed for hospitalization and 

14 treatment shall be placed in the most appropriate 

15 and therapeutic available setting— 

16 ‘‘(A) that is no more restrictive than is 

17 conducive to the most effective form of treat18 ment; and 

19 ‘‘(B) in which treatment is available and 

20 the risks of physical injury or property damage 

21 posed by such placement are warranted by the 

22 proposed plan of treatment.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 55 of such title is 


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1 amended by inserting after the item relating to sec2 tion 1090 the following new item: 

‘‘1090a. Commanding officer and supervisor referrals of members for mental 

health evaluations.’’. 

3 (b) CONFORMING REPEAL.—Section 546 of the Na4 tional Defense Authorization Act for Fiscal Year 1993 

5 (Public Law 102–484; 106 Stat. 2416; 10 U.S.C. 1074 

6 note) is repealed. 

7 Subtitle C—Health Care 

8 Administration 

9 SEC. 721. EXPANSION OF STATE LICENSURE EXCEPTIONS 

10 FOR CERTAIN MENTAL HEALTH-CARE PRO11 FESSIONALS. 

12 Section 1094(d) of title 10, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

16 (B) by adding at the end the following new 

17 subparagraph: 

18 ‘‘(B) Notwithstanding any law regarding the licen19 sure of health care providers, a health-care professional 

20 described in paragraph (4) may perform the duties relat21 ing to mental health care specified in the regulations 

22 under subparagraph (B) of that paragraph at any location 

23 in any State, the District of Columbia, or a Common24 wealth, territory or possession of the United States, reVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 gardless of where such health-care professional or the pa2 tient are located, so long as the practice is within the scope 

3 of the authorized Federal duties specified in that subpara4 graph.’’; 

5 (2) in paragraphs (2) and (3), by striking 

6 ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’; 

7 and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(4) A health-care professional referred to in para11 graph (1)(B) is a member of the armed forces, civilian 

12 employee of the Department of Defense, personal services 

13 contractor under section 1091 of this title, or other health14 care professional credentialed and privileged at a Federal 

15 health care institution or location specially designated by 

16 the Secretary for purposes of that paragraph who— 

17 ‘‘(A) has a current license to practice medicine, 

18 osteopathic medicine, or another health profession; 

19 and 

20 ‘‘(B) is performing such authorized duties relat21 ing to mental health care for the Department of De22 fense as the Secretary shall prescribe in regulations 

23 for purposes of this paragraph.’’. 


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1 SEC. 722. CLARIFICATION ON CONFIDENTIALITY OF MED2 ICAL QUALITY ASSURANCE RECORDS. 

3 (a) IN GENERAL.—Section 1102(j) of title 10, United 

4 States Code, is amended— 

5 (1) in paragraph (1), by striking ‘‘any activity 

6 carried out’’ and inserting ‘‘any peer review activity 

7 carried out’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(4) The term ‘peer review’ means an assess11 ment of professional performance by professionally12 equivalent health care providers.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 subsection (a) shall take effect on January 1, 2012. 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Provisions Relating to 

6 Major Defense Acquisition Pro7 grams 

8 SEC. 801. WAIVER OF REQUIREMENTS RELATING TO NEW 

9 MILESTONE APPROVAL FOR CERTAIN MAJOR 

10 DEFENSE ACQUISITION PROGRAMS EXPERI11 ENCING CRITICAL COST GROWTH DUE TO 

12 CHANGE IN QUANTITY PURCHASED. 

13 Section 2433a(c) of title 10, United States Code, is 

14 amended by adding at the end the following new para15 graph: 

16 ‘‘(3)(A) The requirements of subparagraphs (B) and 

17 (C) of paragraph (1) shall not apply to a program or sub18 program if— 

19 ‘‘(i) the Milestone Decision Authority deter20 mines in writing, on the basis of a cost assessment 

21 and root cause analysis conducted pursuant to sub22 section (a), that— 

23 ‘‘(I) but for a change in the quantity of 

24 items to be purchased under the program or 

25 subprogram, the program acquisition unit cost 


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1 or procurement unit cost for the program or 

2 subprogram would not have increased by a per3 centage equal to or greater than the cost 

4 growth thresholds for the program or subpro5 gram set forth in subparagraph (B); and 

6 ‘‘(II) the change in quantity of items de7 scribed in subclause (I) was not made as a re8 sult of an increase in program cost, a delay in 

9 the program, or a problem meeting program re10 quirements; 

11 ‘‘(ii) the Secretary determines in writing that 

12 the cost to the Department of Defense of complying 

13 with such requirements is likely to exceed the bene14 fits to the Department of complying with such re15 quirements; and 

16 ‘‘(iii) the Secretary submits to Congress, before 

17 the end of the 60-day period beginning on the day 

18 the Selected Acquisition Report containing the infor19 mation described in section 2433(g) of this title is 

20 required to be submitted under section 2432(f) of 

21 this title— 

22 ‘‘(I) a copy of the written determination 

23 under clause (i) and an explanation of the basis 

24 for the determination; and 


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1 ‘‘(II) a copy of the written determination 

2 under clause (ii) and an explanation of the 

3 basis for the determination. 

4 ‘‘(B) The cost growth thresholds specified in this sub5 paragraph are as follows: 

6 ‘‘(i) In the case of a major defense acquisition 

7 program or designated major defense subprogram, a 

8 percentage increase in the program acquisition unit 

9 cost for the program or subprogram of— 

10 ‘‘(I) 5 percent over the program acquisi11 tion unit cost for the program or subprogram 

12 as shown in the current Baseline Estimate for 

13 the program or subprogram; and 

14 ‘‘(II) 10 percent over the program acquisi15 tion unit cost for the program or subprogram 

16 as shown in the original Baseline Estimate for 

17 the program or subprogram. 

18 ‘‘(ii) In the case of a major defense acquisition 

19 program or designated major defense subprogram 

20 that is a procurement program, a percentage in21 crease in the procurement unit cost for the program 

22 or subprogram of— 

23 ‘‘(I) 5 percent over the procurement unit 

24 cost for the program or subprogram as shown 


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1 in the current Baseline Estimate for the pro2 gram or subprogram; and 

3 ‘‘(II) 10 percent over the procurement unit 

4 cost for the program or subprogram as shown 

5 in the original Baseline Estimate for the pro6 gram or subprogram.’’. 

7 SEC. 802. MODIFICATION OF CERTAIN REQUIREMENTS OF 

8 THE WEAPON SYSTEMS ACQUISITION RE9 FORM ACT OF 2009. 

10 (a) REPEAL OF CERTIFICATION OF COMPLIANCE OF

11 CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS

12 WITH ACTIONS ON TREATMENT OF SYSTEMIC PROBLEMS

13 BEFORE MILESTONE APPROVAL.—Subsection (c) of sec14 tion 204 of the Weapon Systems Acquisition Reform Act 

15 of 2009 (Public Law 111–23; 123 Stat. 1723; 10 U.S.C. 

16 2366a note) is repealed. 

17 (b) WAIVER OF REQUIREMENT TO REVIEW PRO18 GRAMS RECEIVING WAIVER OR CERTAIN CERTIFICATION

19 REQUIREMENTS.—Section 2366b(d) of title 10, United 

20 States Code, is amended by adding the following new 

21 paragraph: 

22 ‘‘(3) The requirement in paragraph (2)(B) shall not 

23 apply to a program for which a certification was required 

24 pursuant to section 2433a(c) of this title if the milestone 

25 decision authority— 


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1 ‘‘(A) determines in writing that— 

2 ‘‘(i) the program has reached a stage in 

3 the acquisition process at which it would not be 

4 practicable to meet the certification component 

5 that was waived; and 

6 ‘‘(ii) the milestone decision authority has 

7 taken appropriate alternative actions to address 

8 the underlying purposes of such certification 

9 component; and 

10 ‘‘(B) submits the written determination, and an 

11 explanation of the basis for the determination, to the 

12 congressional defense committees.’’. 

13 SEC. 803. ASSESSMENT, MANAGEMENT, AND CONTROL OF 

14 OPERATING AND SUPPORT COSTS FOR 

15 MAJOR WEAPON SYSTEMS. 

16 (a) GUIDANCE REQUIRED.—Not later than 180 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense shall issue guidance on actions to be taken to 

19 assess, manage, and control Department of Defense costs 

20 for the operation and support of major weapon systems. 

21 (b) ELEMENTS.—The guidance required by sub22 section (a) shall, at a minimum— 

23 (1) require the military departments to retain 

24 each estimate of operating and support costs that is 

25 developed at any time during the life cycle of a 


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1 major weapon system, together with supporting doc2 umentation used to develop the estimate; 

3 (2) require the military departments to update 

4 estimates of operating and support costs periodically 

5 throughout the life cycle of a major weapon system, 

6 to determine whether preliminary information and 

7 assumptions remain relevant and accurate, and iden8 tify and record reasons for variances; 

9 (3) establish standard requirements for the col10 lection of data on operating and support costs for 

11 major weapon systems and require the military de12 partments to revise their Visibility and Management 

13 of Operating and Support Costs (VAMOSC) systems 

14 to ensure that they collect complete and accurate 

15 data in compliance with such requirements and 

16 make such data available in a timely manner; 

17 (4) establish standard requirements for the col18 lection and reporting of data on operating and sup19 port costs for major weapon systems by contractors 

20 performing weapon system sustainment functions in 

21 an appropriate format, and develop contract clauses 

22 to ensure that contractors comply with such require23 ments; 

24 (5) require the military departments— 


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1 (A) to collect and retain data from oper2 ational and developmental testing and evalua3 tion on the reliability and maintainability of 

4 major weapon systems; and 

5 (B) to use such data to inform system de6 sign decisions, provide insight into sustainment 

7 costs, and inform estimates of operating and 

8 support costs for such systems; 

9 (6) require the military departments to ensure 

10 that sustainment factors are fully considered at key 

11 life cycle management decision points and that ap12 propriate measures are taken to reduce operating 

13 and support costs by influencing system design early 

14 in development, developing sound sustainment strat15 egies, and addressing key drivers of costs; 

16 (7) require the military departments to conduct 

17 an independent logistics assessment of each major 

18 weapon system prior to key acquisition decision 

19 points (including milestone decisions) to identify fea20 tures that are likely to drive future operating and 

21 support costs, changes to system design that could 

22 reduce such costs, and effective strategies for man23 aging such costs; 

24 (8) include— 


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1 (A) reliability metrics for major weapon 

2 systems; and 

3 (B) requirements on the use of metrics 

4 under subparagraph (A) as triggers— 

5 (i) to conduct further investigation 

6 and analysis into drivers of those metrics; 

7 and 

8 (ii) to develop strategies for improving 

9 reliability, availability, and maintainability 

10 of such systems at an affordable cost; and 

11 (9) require the military departments to conduct 

12 periodic reviews of operating and support costs of 

13 major weapon systems after such systems achieve 

14 initial operational capability to identify and address 

15 factors resulting in growth in operating and support 

16 costs and adapt support strategies to reduce such 

17 costs. 

18 (c) RETENTION OF DATA ON OPERATING AND SUP19 PORT COSTS.— 

20 (1) IN GENERAL.—The Director of Cost Assess21 ment and Program Evaluation shall be responsible 

22 for developing and maintaining a database on oper23 ating and support estimates, supporting documenta24 tion, and actual operating and support costs for 

25 major weapon systems. 


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1 (2) SUPPORT.—The Secretary of Defense shall 

2 ensure that the Director, in carrying out such re3 sponsibility— 

4 (A) promptly receives the results of all cost 

5 estimates and cost analyses conducted by the 

6 military departments with regard to operating 

7 and support costs of major weapon systems; 

8 (B) has timely access to any records and 

9 data of the military departments (including 

10 classified and proprietary information) that the 

11 Director considers necessary to carry out such 

12 responsibility; and 

13 (C) with the concurrence of the Under Sec14 retary of Defense for Acquisition, Technology, 

15 and Logistics, may direct the military depart16 ments to collect and retain information nec17 essary to support the database. 

18 (d) MAJOR WEAPON SYSTEM DEFINED.—In this sec19 tion, the term ‘‘major weapon system’’ has the meaning 

20 given that term in section 2379(f) of title 10, United 

21 States Code. 


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1 SEC. 804. CLARIFICATION OF RESPONSIBILITY FOR COST 

2 ANALYSES AND TARGETS FOR CONTRACT NE3 GOTIATION PURPOSES. 

4 Section 2334(e) of title 10, United States Code, is 

5 amended— 

6 (1) by redesignating paragraphs (2), (3), and 

7 (4) as paragraphs (3), (4), and (5), respectively; 

8 (2) in paragraph (1)— 

9 (A) by striking ‘‘shall provide that—’’ and 

10 all that follows through ‘‘cost estimates’’ and 

11 inserting ‘‘shall provide that cost estimates’’; 

12 and 

13 (B) by striking ‘‘; and’’ and inserting a pe14 riod; 

15 (3) by redesignating subparagraph (B) as para16 graph (2) and indenting such paragraph two ems 

17 from the left margin; 

18 (4) in paragraph (2) as redesignated by para19 graph (3) of this section, by striking ‘‘cost analyses 

20 and targets’’ and inserting ‘‘The Under Secretary of 

21 Defense for Acquisition, Technology, and Logistics 

22 shall, in consultation with the Director of Cost As23 sessment and Program Evaluation, develop policies, 

24 procedures, and guidance to ensure that cost anal25 yses and targets’’; 


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1 (5) in paragraph (3), as redesignated by para2 graph (1) of this section, by striking ‘‘issued by the 

3 Director of Cost Assessment and Program Evalua4 tion’’ and inserting ‘‘issued by the Under Secretary 

5 of Defense for Acquisition, Technology, and Logis6 tics under paragraph (2)’’; and 

7 (6) in paragraph (5), as redesignated by para8 graph (1) of this section, by striking ‘‘paragraph 

9 (3)’’ and inserting ‘‘paragraph (4)’’. 

10 SEC. 805. MODIFICATION OF REQUIREMENTS FOR GUID11 ANCE ON MANAGEMENT OF MANUFAC12 TURING RISK IN MAJOR DEFENSE ACQUISI13 TION PROGRAMS. 

14 Section 812(b) of the Ike Skelton National Defense 

15 Authorization Act for Fiscal Year 2011 (Public Law 111– 

16 383; 124 Stat. 4264; 10 U.S.C. 2430 note) is amended— 

17 (1) by striking ‘‘manufacturing readiness lev18 els’’ each place it appears and inserting ‘‘manufac19 turing readiness levels or other manufacturing readi20 ness standards’’; 

21 (2) by redesignating paragraphs (4) and (5) as 

22 paragraphs (5) and (6), respectively; and 

23 (3) by inserting after paragraph (3) the fol24 lowing new paragraph (4): 


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1 ‘‘(4) provide for the tailoring of manufacturing 

2 readiness levels or other manufacturing readiness 

3 standards to address the unique characteristics of 

4 specific industry sectors or weapon system port5 folios;’’. 

6 SEC. 806. MANAGEMENT OF DEVELOPMENTAL TEST AND 

7 EVALUATION FOR MAJOR DEFENSE ACQUISI8 TION PROGRAMS. 

9 (a) CHIEF DEVELOPMENTAL TESTER.—Section 

10 820(a) of the John Warner National Defense Authoriza11 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

12 Stat. 2330), as amended by section 805(c) of the National 

13 Defense Authorization Act for Fiscal Year 2010 (Public 

14 Law 110–181; 123 Stat. 2403), is further amended— 

15 (1) by redesignating paragraph (6) as para16 graph (7); and 

17 (2) by inserting after paragraph (5) the fol18 lowing new paragraph (6): 

19 ‘‘(6) Chief developmental tester.’’. 

20 (b) RESPONSIBILITIES OF CHIEF DEVELOPMENTAL

21 TESTER AND LEAD DEVELOPMENTAL TEST AND EVAL22 UATION ORGANIZATION.—Section 139b of title 10, United 

23 States Code, is amended— 

24 (1) by redesignating subsections (c), (d), and 

25 (e) as subsections (d), (e), and (f), respectively; and 


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1 (2) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c) SUPPORT OF MDAPS BY CHIEF DEVELOP4 MENTAL TESTER AND LEAD DEVELOPMENTAL TEST AND

5 EVALUATION ORGANIZATION.— 

6 ‘‘(1) SUPPORT.—The Secretary of Defense shall 

7 require that each major defense acquisition program 

8 be supported by— 

9 ‘‘(A) a chief developmental tester; and 

10 ‘‘(B) a governmental test agency, serving 

11 as lead developmental test and evaluation orga12 nization for the program. 

13 ‘‘(2) RESPONSIBILITIES OF CHIEF DEVELOP14 MENTAL TESTER.—The chief developmental tester 

15 for a major defense acquisition program shall be re16 sponsible for— 

17 ‘‘(A) coordinating the planning, manage18 ment, and oversight of all developmental test 

19 and evaluation activities for the program; 

20 ‘‘(B) maintaining insight into contractor 

21 activities under the program and overseeing the 

22 test and evaluation activities of other partici23 pating government activities under the pro24 gram; and 


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1 ‘‘(C) helping program managers make 

2 technically informed, objective judgments about 

3 contractor developmental test and evaluation re4 sults under the program. 

5 ‘‘(3) RESPONSIBILITIES OF LEAD DEVELOP6 MENTAL TEST AND EVALUATION ORGANIZATION.— 

7 The lead developmental test and evaluation organi8 zation for a major defense acquisition program shall 

9 be responsible for— 

10 ‘‘(A) providing technical expertise on test11 ing and evaluation issues to the chief develop12 mental tester for the program; 

13 ‘‘(B) conducting developmental testing and 

14 evaluation activities for the program, as di15 rected by the chief developmental tester; and 

16 ‘‘(C) assisting the chief developmental 

17 tester in providing oversight of contractors 

18 under the program and in reaching technically 

19 informed, objective judgments about contractor 

20 developmental test and evaluation results under 

21 the program.’’. 


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1 SEC. 807. ASSESSMENT OF RISK ASSOCIATED WITH DEVEL2 OPMENT OF MAJOR WEAPON SYSTEMS TO BE 

3 PROCURED UNDER COOPERATIVE PROJECTS 

4 WITH FRIENDLY FOREIGN COUNTRIES. 

5 (a) ASSESSMENT OF RISK REQUIRED.— 

6 (1) IN GENERAL.—Not later than two days 

7 after the President transmits a certification to Con8 gress pursuant to section 27(f) of the Arms Export 

9 Control Act (22 U.S.C. 2767(f)) regarding a pro10 posed cooperative project agreement that is expected 

11 to result in the award of a Department of Defense 

12 contract for the engineering and manufacturing de13 velopment of a major weapon system, the Secretary 

14 of Defense shall submit to the Chairmen of the 

15 Committees on Armed Services of the Senate and 

16 the House of Representatives a report setting forth 

17 a risk assessment of the proposed cooperative 

18 project. 

19 (2) PREPARATION.—The Secretary shall pre20 pare each report required by paragraph (1) in con21 sultation with the Under Secretary of Defense for 

22 Acquisition, Technology, and Logistics, the Assistant 

23 Secretary of Defense for Research and Engineering, 

24 and the Director of Cost Assessment and Program 

25 Evaluation of the Department of Defense. 


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1 (b) ELEMENTS.—The risk assessment on a coopera2 tive project under subsection (a) shall include the fol3 lowing: 

4 (1) An assessment of the design, technical, 

5 manufacturing, and integration risks associated with 

6 developing and procuring the weapon system to be 

7 procured under the cooperative project. 

8 (2) A statement identifying any termination li9 ability that would be incurred under the development 

10 contract to be entered into under subsection (a)(1), 

11 and a statement of the extent to which such termi12 nation liability would not be fully funded by appro13 priations available or sought in the fiscal year in 

14 which the agreement for the cooperative project is 

15 signed on behalf of the United States. 

16 (3) An assessment of the advisability of incur17 ring any unfunded termination liability identified 

18 under paragraph (2) given the risks identified in the 

19 assessment under paragraph (1). 

20 (4) A listing of which, if any, requirements as21 sociated with the oversight and management of a 

22 major defense acquisition program (as prescribed 

23 under Department of Defense Instruction 5000.02 

24 or related authorities) will be waived, or in any way 

25 modified, in carrying out the development contract 


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1 to be entered into under (a)(1), and a full expla2 nation why such requirements need to be waived or 

3 modified. 

4 (c) DEFINITIONS.—In this section: 

5 (1) The term ‘‘engineering and manufacturing 

6 development’’ has the meaning given that term in 

7 Department of Defense Instruction 5000.02. 

8 (2) The term ‘‘major weapon system’’ has the 

9 meaning given that term in section 2379(f) of title 

10 10, United States Code. 

11 Subtitle B—Acquisition Policy and 

12 Management 

13 SEC. 821. INCLUSION OF DATA ON CONTRACTOR PERFORM14 ANCE IN PAST PERFORMANCE DATABASES 

15 FOR SOURCE SELECTION DECISIONS. 

16 (a) STRATEGY ON INCLUSION REQUIRED.—Not later 

17 than 180 days after the date of the enactment of this Act, 

18 the Under Secretary of Defense for Acquisition, Tech19 nology, and Logistics shall develop a strategy for ensuring 

20 that timely, accurate, and complete information on con21 tractor performance is included in past performance data22 bases used for making source selection decisions. 

23 (b) ELEMENTS.—The strategy required by subsection 

24 (a) shall, at a minimum— 


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1 (1) establish standards for the timeliness and 

2 completeness of past performance submissions for 

3 purposes of databases described in subsection (a); 

4 (2) assign responsibility and management ac5 countability for the completeness of past perform6 ance submissions for such purposes; and 

7 (3) ensure that past performance submissions 

8 for such purposes are consistent with award fee eval9 uations in cases where such evaluations have been 

10 conducted. 

11 (c) CONTRACTOR COMMENTS.—Not later than 180 

12 days after the date of the enactment of this Act, the Under 

13 Secretary of Defense for Acquisition, Technology, and Lo14 gistics shall revise the Defense Supplement to the Federal 

15 Acquisition Regulation to require the following: 

16 (1) That agency evaluations of contractor past 

17 performance are included in the relevant past per18 formance database as soon as such evaluations are 

19 completed. 

20 (2) That affected contractors are notified in a 

21 timely manner when such agency evaluations are en22 tered into such database. 

23 (3) That such contractors are afforded a rea24 sonable opportunity to submit comments, rebutting 

25 statements, or additional information pertaining to 


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1 such agency evaluations for inclusion in such data2 base. 

3 (d) COMPTROLLER GENERAL REPORT.—Not later 

4 than 18 months after the date of the enactment of this 

5 Act, the Comptroller General of the United States shall 

6 submit to the congressional defense committees a report 

7 on the actions taken by the Under Secretary of Defense 

8 for Acquisition, Technology, and Logistics pursuant to 

9 this section, including an assessment of the extent to 

10 which such actions have achieved the objectives of this sec11 tion. 

12 SEC. 822. IMPLEMENTATION OF RECOMMENDATIONS OF 

13 DEFENSE SCIENCE BOARD TASK FORCE ON 

14 SERVICE CONTRACTING. 

15 (a) PLAN FOR IMPLEMENTATION.—Not later than 

16 180 days after the date of the enactment of this Act, the 

17 Under Secretary of Defense for Acquisition, Technology, 

18 and Logistics shall, acting pursuant to the Under Sec19 retary’s responsibility under section 2330 of title 10, 

20 United States Code, develop a plan for implementing the 

21 recommendations of the Defense Science Board Task 

22 Force on Improvements to Service Contracting. 

23 (b) ELEMENTS.—The plan developed pursuant to 

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1 propriate by the Under Secretary for Acquisition, Tech2 nology, and Logistics, the following: 

3 (1) A meaningful taxonomy to track services, 

4 which can be built into the inventory of contract 

5 services required by section 2330a(c) of title 10, 

6 United States Code. 

7 (2) Standards, definitions, and performance 

8 measures for each portfolio of contract services 

9 which can be used for the purposes of performance 

10 assessments conducted pursuant to section 2548 of 

11 title 10, United States Code, and independent man12 agement reviews conducted pursuant to section 808 

13 of the National Defense Authorization Act for Fiscal 

14 Year 2008 (Public Law 110–181; 122 Stat. 215; 10 

15 U.S.C. 2330 note). 

16 (3) Meaningful incentives to service contractors 

17 for high performance at low cost, consistent with the 

18 objectives of the Better Buying Power Initiative es19 tablished by the Under Secretary. 

20 (4) Improved means of communication between 

21 the Government and the services contracting indus22 try in the process of developing requirements for 

23 services contracts. 


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1 (5) Clear guidance for defense acquisition per2 sonnel on the use of appropriate contract types for 

3 particular categories of services contracts. 

4 (6) Formal certification and training require5 ments for services acquisition personnel, consistent 

6 with the requirements of sections 1723 and 1724 of 

7 title 10, United States Code. 

8 (7) Appropriate emphasis on the recruiting and 

9 training of services acquisition personnel, consistent 

10 with the strategic workforce plan developed pursuant 

11 to section 115b of title 10, United States Code, and 

12 the funds available through the Department of De13 fense Acquisition Workforce Development Fund es14 tablished pursuant to section 1705 of title 10, 

15 United States Code. 

16 (8) Policies and guidance on career development 

17 for services acquisition personnel, consistent with the 

18 requirements of sections 1722a and 1722b of title 

19 10, United States Code. 

20 (9) Actions to ensure that the military depart21 ments dedicate portfolio-specific commodity man22 agers to coordinate the procurement of key cat23 egories of contract services, as required by section 

24 2330(b)(3)(C) of title 10, United States Code. 


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1 (10) Actions to ensure that the Department of 

2 Defense conducts realistic exercises and training 

3 that account for services contracting during contin4 gency operations, as required by section 2333(e) of 

5 title 10, United States Code. 

6 (c) COMPTROLLER GENERAL REPORT.—Not later 

7 than 18 months after the date of the enactment of this 

8 Act, the Comptroller General of the United States shall 

9 submit to the congressional defense committees a report 

10 on the following: 

11 (1) The actions taken by the Under Secretary 

12 of Defense for Acquisition, Technology, and Logis13 tics to carry out the requirements of this section. 

14 (2) The actions taken by the Under Secretary 

15 to carry out the requirements of section 2330 of title 

16 10, United States Code. 

17 (3) The actions taken by the military depart18 ments to carry out the requirements of section 2330 

19 of title 10, United States Code. 

20 (4) The extent to which the actions described in 

21 paragraphs (1), (2), and (3) have resulted in the im22 proved acquisition and management of contract serv23 ices. 


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1 SEC. 823. TEMPORARY LIMITATION ON AGGREGATE AN2 NUAL AMOUNT AVAILABLE FOR CONTRACT 

3 SERVICES. 

4 (a) LIMITATION.—Except as provided in subsection 

5 (b), the total amount obligated by the Department of De6 fense for contract services in fiscal year 2012 or 2013 may 

7 not exceed the total amount requested for the Department 

8 for contract services in the budget of the President for 

9 fiscal year 2010 (as submitted to Congress pursuant to 

10 section 1105(b) of title 31, United States Code) adjusted 

11 for net transfers from funding for overseas contingency 

12 operations. 

13 (b) EXCEPTION.—Notwithstanding the limitation in 

14 subsection (a), the total amount obligated by the Depart15 ment for contract services in fiscal year 2012 or 2013 may 

16 exceed the amount otherwise provided pursuant to sub17 section (a) by an amount elected by the Secretary that 

18 is not greater than the cost of any increase in such fiscal 

19 year in the number of civilian billets at the Department 

20 that has been approved by the Secretary over the number 

21 of such billets at the Department in fiscal year 2010. 

22 (c) GUIDANCE.—Not later than 60 days after the 

23 date of the enactment of this Act, the Secretary shall issue 

24 guidance to the military departments and the Defense 

25 Agencies on implementation of this section during fiscal 


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1 years 2012 and 2013. The guidance shall, at a min2 imum— 

3 (1) establish a negotiation objective that labor 

4 rates and overhead rates in any contract or task 

5 order for contract services with an estimated value 

6 in excess of $10,000,000 awarded to a contractor in 

7 fiscal year 2012 or 2013 shall not exceed labor rates 

8 and overhead rates paid to the contractor for con9 tract services in fiscal year 2010; 

10 (2) require the Secretaries of the military de11 partments and the heads of the Defense Agencies to 

12 approve in writing any contract or task order for 

13 contract services with an estimated value in excess 

14 of $10,000,000 awarded to a contractor in fiscal 

15 year 2012 or 2013 that provides for continuing serv16 ices at an annual cost that exceeds the annual cost 

17 paid by the military department or Defense Agency 

18 concerned for the same or similar services in fiscal 

19 year 2010; 

20 (3) require the Secretaries of the military de21 partments and the heads of the Defense Agencies to 

22 eliminate any contractor positions identified by the 

23 military department or Defense Agency concerned as 

24 being responsible for the performance of inherently 

25 governmental functions; 


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1 (4) require the Secretaries of the military de2 partments and the heads of the Defense Agencies to 

3 reduce by 10 percent per fiscal year in each of fiscal 

4 years 2012 and 2013 the funding of the military de5 partment or Defense Agency concerned for— 

6 (A) staff augmentation contracts; and 

7 (B) contracts for the performance of func8 tions closely associated with inherently govern9 mental functions; and 

10 (5) assign responsibility to the management of11 ficials designated pursuant to section 2330 of title 

12 10, United States Code, and section 812(b) of the 

13 National Defense Authorization Act for Fiscal Year 

14 2006 (Public Law 109–163; 119 Stat. 3378; 10 

15 U.S.C. 2330 note) to provide oversight and ensure 

16 the implementation of the requirements of this sec17 tion during fiscal years 2012 and 2013. 

18 (d) DEFINITIONS.—In this section: 

19 (1) The term ‘‘contract services’’ has the mean20 ing given that term in section 235 of title 10, United 

21 States Code, except that the term does not include 

22 services that are funded out of amounts available for 

23 overseas contingency operations. 

24 (2) The term ‘‘function closely associated with 

25 inherently governmental functions’’ has the meaning 


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1 given that term in section 2383(b)(3) of title 10, 

2 United States Code. 

3 (3) The term ‘‘staff augmentation contracts’’ 

4 means contracts for personnel who are subject to the 

5 direction of a government official other than the con6 tracting officer for the contract, including, but not 

7 limited to, contractor personnel who perform per8 sonal services contracts (as that term is defined in 

9 section 2330a(g)(5) of title 10, United States Code). 

10 (4) The term ‘‘transfers from funding for over11 seas contingency operations’’ means amounts funded 

12 out of amounts available for overseas contingency 

13 operations in fiscal year 2010 that are funded out 

14 of amounts other than amounts so available in fiscal 

15 year 2012 or 2013. 

16 SEC. 824. ANNUAL REPORT ON SINGLE-AWARD TASK AND 

17 DELIVERY ORDER CONTRACTS. 

18 (a) ANNUAL REPORT.— 

19 (1) IN GENERAL.—Paragraph (2) of section 

20 817(d) of the Bob Stump National Defense Author21 ization Act for Fiscal Year 2003 (Public Law 107– 

22 314; 116 Stat. 2611; 10 U.S.C. 2306a note) is 

23 amended— 

24 (A) in subparagraph (A), by striking 

25 ‘‘and’’ at the end; 


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1 (B) in subparagraph (B), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(C) with respect to any determination pursu6 ant to section 2304a(d)(3)(D) of title 10, United 

7 States Code, that because of exceptional cir8 cumstances it is necessary in the public interest to 

9 award a task or delivery order contract with an esti10 mated value in excess of $100,000,000 to a single 

11 source, an explanation of the basis for the deter12 mination.’’. 

13 (2) CONFORMING AMENDMENT.—The heading 

14 of such section is amended by striking ‘‘WITH PRICE

15 OR VALUE GREATER THAN $15,000,000’’. 

16 (b) REPEAL OF CASE-BY-CASE REPORTING RE17 QUIREMENT.—Section 2304a(d)(3) of title 10, United 

18 States Code, is amended— 

19 (1) by striking subparagraph (B); 

20 (2) by striking ‘‘(A)’’; 

21 (3) by redesignating clauses (i), (ii), (iii), and 

22 (iv) as subparagraphs (A), (B), (C), and (D), respec23 tively, of paragraph (1); and 


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1 (4) in subparagraph (B), as redesignated by 

2 paragraph (3), by redesignating subclauses (I) and 

3 (II) as clauses (i) and (ii), respectively. 

4 SEC. 825. INCORPORATION OF CORROSION PREVENTION 

5 AND CONTROL INTO REQUIREMENTS APPLI6 CABLE TO DEVELOPMENT AND ACQUISITION 

7 OF WEAPON SYSTEMS. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, the Under Secretary 

10 of Defense for Acquisition, Technology, and Logistics, in 

11 consultation with the Director of Corrosion Policy and 

12 Oversight, shall, for purposes of ensuring that corrosion 

13 prevention and control are addressed early in the develop14 ment and acquisition of weapon systems— 

15 (1) identify and disseminate throughout the De16 partment of Defense recommendations from the 

17 2010 Corrosion Evaluation of the F–22 Raptor and 

18 F–35 Lightning II Joint Strike Fighter that are ap19 plicable Department-wide; 

20 (2) commence implementation of any modifica21 tions of policies and practices that the Under Sec22 retary considers appropriate in light of such rec23 ommendations to improve corrosion prevention and 

24 control in new weapon systems; and 


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1 (3) establish a process for monitoring and as2 sessing the effectiveness of the actions taken by the 

3 Department pursuant to paragraph (2) to improve 

4 corrosion prevention and control in new weapon sys5 tems. 

6 (b) PLAN.—In carrying out subsection (a), the Under 

7 Secretary of Defense for Acquisition, Technology, and Lo8 gistics shall develop a plan to achieve, to the extent and 

9 in a manner the Under Secretary determines to be feasible 

10 and appropriate, the following: 

11 (1) Investment in research and development 

12 that increases the understanding of corrosion on ma13 terials and processes for weapon systems. 

14 (2) Development and dissemination of expertise 

15 on corrosion in the acquisition programs for weapon 

16 systems and in the processes for developing require17 ments for weapon systems. 

18 (3) Reestablishment of appropriate military 

19 specifications and standards regarding corrosion re20 sistance in weapon systems. 

21 (4) Establishment of new test protocols and 

22 methodologies with respect to corrosion in new mate23 rials and processes for weapon systems. 

24 (5) Development of contract language, metrics, 

25 and incentives to improve the emphasis on corrosion 


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1 prevention and control and the effects of corrosion 

2 on life cycle costs in weapon systems. 

3 (6) Development of a corrosion-focused design 

4 decision methodology to support acquisition pro5 grams for weapon systems when required to evaluate 

6 alternative designs and help quantify future oper7 ation and sustainment costs. 

8 (c) CORROSION CONTROL IN CERTAIN FIGHTER AIR9 CRAFT PROGRAMS.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the 

12 Under Secretary of Defense for Acquisition, Tech13 nology, and Logistics shall— 

14 (A) identify in the Corrosion Evaluation 

15 referred to in subsection (a) specific rec16 ommendations on corrosion prevention and con17 trol that are applicable to the F–22 Raptor air18 craft and to the F–35 Lightning II Joint Strike 

19 Fighter aircraft; 

20 (B) commence implementation of appro21 priate actions to put the recommendations de22 scribed in subparagraph (A) into effect; and 

23 (C) establish and implement processes for 

24 monitoring and assessing the effectiveness of 


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1 the actions put into effect under subparagraph 

2 (B). 

3 (2) ACTIONS ON F–22 RAPTOR AIRCRAFT.—The 

4 actions implemented under paragraph (1) with re5 spect to the F–22 Raptor aircraft shall include a 

6 plan and actions to manage cumulative corrosion 

7 damage to F–22 Raptor aircraft in order to mitigate 

8 long-term structural risk to such aircraft. 

9 (3) ACTIONS ON F–35 LIGHTNING II JOINT

10 STRIKE FIGHTER AIRCRAFT.—The actions imple11 mented under paragraph (1) with respect to the F– 

12 35 Lightning II Joint Strike Fighter aircraft shall 

13 include actions as follows: 

14 (A) The updating of the F–35 Corrosion 

15 Prevention and Control Plan with lessons 

16 learned from corrosion prevention and control 

17 for the F–22 Raptor aircraft, guidelines for 

18 conducting trade studies, and appropriate test 

19 and verification methods. 

20 (B) Planning for a full climatic test earlier 

21 in the acquisition schedule, and ensuring that— 

22 (i) such test robustly addresses the ef23 fects of severe wet weather, temperature 

24 extremes, and high humidity; and 


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1 (ii) enclosed areas of the aircraft are 

2 opened and inspected for water or moisture 

3 intrusion. 

4 (C) Developing an appropriate corrosion 

5 risk mitigation follow-on plan, including the 

6 management of the corrosion risk of parts 

7 qualified by similarity. 

8 (D) Expanding the involvement of the 

9 Naval Air Systems Command (NAVAIR) corro10 sion testing capability and the Air Force Re11 serve Laboratory (AFRL) low observable test12 ing capability as a means to independently test 

13 and assess materials and components. 

14 (E) Reconsidering the selection of mate15 rials and coating for corrosion risks. 

16 (F) Specifying responsibility for manage17 ment of the Autonomic Logistics Information 

18 System (ALIS) link with the Aircraft Struc19 tural Integrity Program (ASIP). 

20 (G) Ensuring that the officials covered by 

21 subparagraph (F) are involved in the develop22 ment of the Autonomic Logistics Information 

23 System and are capable of receiving and ana24 lyzing the information to support the Aircraft 


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1 Structural Integrity Program sustainment ac2 tivity. 

3 (d) CORROSION CERTIFICATION AND ASSESSMENT

4 FOR MAJOR DEFENSE ACQUISITION PROGRAMS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary of Defense shall revise Department of De8 fense Instruction 5000.02 to ensure that the Mile9 stone Decision Authority for a major defense acqui10 sition program is required to consider issues of cor11 rosion and materials degradation for the purpose of 

12 any certification under sections 2366a and 2366b of 

13 title 10, United States Code. 

14 (2) TEST AND EVALUATION.—In carrying out 

15 section 2399 of title 10, United States Code, the Di16 rector of Operational Test and Evaluation shall— 

17 (A) consider corrosion, environmental se18 verity, and duration in the adequacy of oper19 ational test and evaluation plans; 

20 (B) include in the annual report under 

21 subsection (g) of that section an assessment of 

22 the adequacy of the consideration of material 

23 degradation and corrosion in each major de24 fense acquisition program. 


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

2 PROGRAMS. 

3 No amounts authorized to be appropriated by this 

4 Act may be obligated or expended to implement or carry 

5 out any program that creates a price evaluation adjust6 ment as described in section 2323(e)(3) of title 10, United 

7 States Code, or any other authority, that is inconsistent 

8 with the holdings in the following: 

9 (1) Adarand Constructors, Inc. v. Pen ̃a, 515 

10 U.S. 200 (1995). 

11 (2) Rothe Development Corporation. v. Depart12 ment of Defense, 545 F.3d 1023 (2008). 

13 Subtitle C—Amendments Relating 

14 to General Contracting Authori15 ties, Procedures, and Limita16 tions 

17 SEC. 841. TREATMENT FOR TECHNICAL DATA PURPOSES 

18 OF INDEPENDENT RESEARCH AND DEVELOP19 MENT AND BID AND PROPOSAL COSTS. 

20 (a) TREATMENT.—Section 2320(a) of title 10, 

21 United States Code, is amended— 

22 (1) in paragraph (2)(E), by striking ‘‘the re23 spective rights’’ and inserting ‘‘the Government may 

24 use, modify, release, reproduce, perform, display, or 

25 disclose the data pertaining to such item or process 

26 within the Government without restriction, but may 


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1 release or disclose the data outside the Government 

2 only for Government purposes. The respective 

3 rights’’; 

4 (2) in paragraph (3), by striking ‘‘and shall 

5 specify that amounts spent for independent research 

6 and development and bid and proposal costs shall 

7 not be considered to be Federal funds for the pur8 poses of paragraph (2)(B), but shall be considered 

9 to be Federal funds for the purposes of paragraph 

10 (2)(A)’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4)(A) Except as provided in subparagraph (B), 

14 amounts spent for independent research and development 

15 and bid and proposal costs shall not be treated as Federal 

16 funds for the purposes of this section. 

17 ‘‘(B) An item or process that is developed in whole 

18 or in part with amounts described in subparagraph (A) 

19 shall be treated as having been developed in part with Fed20 eral funds and in part at private expense in the following 

21 circumstances: 

22 ‘‘(i) In the case of an item or process for which 

23 the total amount of costs referred to in subpara24 graph (A) allocable to contracts other than Federal 

25 contracts and any other contractor funds expended 


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1 is less than 10 percent of the total funds provided 

2 for the development of such item or process (includ3 ing all sources of Federal funding). 

4 ‘‘(ii) In the case an item or process that is inte5 grated into a major system for which the rights in 

6 technical data are otherwise described under para7 graph (2)(A) or (2)(E) and for which— 

8 ‘‘(I) the total amount of such costs allo9 cable to contracts other than Federal contracts 

10 and any other contractor funds expended is less 

11 than 50 percent of the total funds provided for 

12 the development of such item or process (in13 cluding all sources of Federal funding); or 

14 ‘‘(II) such item or process cannot be seg15 regated from other elements of the major sys16 tem in a practicable manner in order to allow 

17 the system to be procured using competition.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on January 7, 2011, imme20 diately after the enactment of section 824(b)(2) of the Ike 

21 Skelton National Defense Authorization Act for Fiscal 

22 Year 2011 (Public Law 111–383; 124 Stat. 4269), to 

23 which such amendments relate. 


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1 SEC. 842. EXTENSION TO ALL MANAGEMENT EMPLOYEES 

2 OF APPLICABILITY OF THE SENIOR EXECU3 TIVE BENCHMARK COMPENSATION AMOUNT 

4 FOR PURPOSES OF ALLOWABLE COST LIMI5 TATIONS UNDER GOVERNMENT CONTRACTS. 

6 (a) COVERED EXECUTIVES.— 

7 (1) COSTS NOT ALLOWABLE.—Subsection 

8 (e)(1)(P) of section 2324 of title 10, United States 

9 Code, is amended by striking ‘‘senior executives’’ 

10 and inserting ‘‘executives’’. 

11 (2) COVERED EXECUTIVES.—Subsection (l)(5) 

12 of such section is amended— 

13 (A) by striking ‘‘The term ‘senior execu14 tives’ ’’ and inserting ‘‘The term ‘executives’ ’’; 

15 and 

16 (B) by striking ‘‘the five most highly com17 pensated employees’’ and inserting ‘‘all employ18 ees serving’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section— 

21 (1) shall be implemented in the Federal Acqui22 sition Regulation not later than 180 days after the 

23 date of the enactment of this Act; and 

24 (2) shall apply with respect to costs of com25 pensation incurred on or after January 1, 2012, 

26 under contracts covered by section 2324 of title 10, 


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1 United States Code, that are entered into before, on, 

2 or after the date of the enactment of this Act. 

3 SEC. 843. COVERED CONTRACTS FOR PURPOSES OF RE4 QUIREMENTS ON CONTRACTOR BUSINESS 

5 SYSTEMS. 

6 Paragraph (3) of section 893(f) of the Ike Skelton 

7 National Defense Authorization Act for Fiscal Year 2011 

8 (Public Law 111–383; 124 Stat. 4312; 10 U.S.C. 2302 

9 note) is amended to read as follows: 

10 ‘‘(3) The term ‘covered contract’ means a con11 tract that is subject to the cost accounting standards 

12 promulgated pursuant to section 1502 of title 41, 

13 United States Code, that could be affected if the 

14 data produced by a contractor business system has 

15 a significant deficiency.’’. 

16 SEC. 844. COMPLIANCE WITH DEFENSE PROCUREMENT RE17 QUIREMENTS FOR PURPOSES OF INTERNAL 

18 CONTROLS OF NON-DEFENSE AGENCIES FOR 

19 PROCUREMENTS ON BEHALF OF THE DE20 PARTMENT OF DEFENSE. 

21 Section 801(d) of the National Defense Authorization 

22 Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amend23 ed by striking ‘‘with the requirements’’ and all that follows 

24 and inserting ‘‘with the following: 


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1 ‘‘(1) The Federal Acquisition Regulation and 

2 other laws and regulations that apply to procure3 ments of property and services by Federal agencies. 

4 ‘‘(2) Laws and regulations (including applicable 

5 Department of Defense financial management regu6 lations) that apply to procurements of property and 

7 services made by the Department of Defense 

8 through other Federal agencies.’’. 

9 SEC. 845. PROHIBITION ON COLLECTION OF POLITICAL IN10 FORMATION. 

11 (a) IN GENERAL.—Chapter 137 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 2335. Prohibition on collection of political informa15 tion 

16 ‘‘(a) PROHIBITION ON REQUIRING SUBMISSION OF

17 POLITICAL INFORMATION.—The head of an agency may 

18 not require a contractor to submit political information re19 lated to the contractor or a subcontractor at any tier, or 

20 any partner, officer, director, or employee of the con21 tractor or subcontractor— 

22 ‘‘(1) as part of a solicitation, request for bid, 

23 request for proposal, or any other form of commu24 nication designed to solicit offers in connection with 


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1 the award of a contract for procurement of property 

2 or services; 

3 ‘‘(2) during the course of contract performance 

4 as part of the process associated with modifying a 

5 contract or exercising a contract option; or 

6 ‘‘(3) any time prior to contract completion and 

7 final contract closeout. 

8 ‘‘(b) SCOPE.—The prohibition under this section ap9 plies to the procurement of commercial items, the procure10 ment of commercial-off-the-shelf-items, and the non-com11 mercial procurement of supplies, property, services, and 

12 manufactured items, irrespective of contract vehicle, in13 cluding contracts, purchase orders, task or deliver orders 

14 under indefinite delivery/indefinite quantity contracts, 

15 blanket purchase agreements, and basic ordering agree16 ments. 

17 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed as— 

19 ‘‘(1) waiving, superseding, restricting, or lim20 iting the application of the Federal Election Cam21 paign Act of 1971 (2 U.S.C. 431 et seq.) or pre22 venting Federal regulatory or law enforcement agen23 cies from collecting or receiving information author24 ized by law; or 


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1 ‘‘(2) precluding the Defense Contract Audit 

2 Agency from accessing and reviewing certain infor3 mation, including political information, for the pur4 pose of identifying unallowable costs and admin5 istering cost principles established pursuant to sec6 tion 2324 of this title. 

7 ‘‘(d) DEFINITIONS.—In this section: 

8 ‘‘(1) CONTRACTOR.—The term ‘contractor’ in9 cludes contractors, bidders, and offerors, and indi10 viduals and legal entities who would reasonably be 

11 expected to submit offers or bids for Federal Gov12 ernment contracts. 

13 ‘‘(2) POLITICAL INFORMATION.—The term ‘po14 litical information’ means information relating to po15 litical spending, including any payment consisting of 

16 a contribution, expenditure, independent expendi17 ture, or disbursement for an electioneering commu18 nication that is made by the contractor, any of its 

19 partners, officers, directors or employees, or any of 

20 its affiliates or subsidiaries to a candidate or on be21 half of a candidate for election for Federal office, to 

22 a political committee, to a political party, to a third 

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1 tions, or that is otherwise made with respect to any 

2 election for Federal office, party affiliation, and vot3 ing history. Each of the terms ‘contribution’, ‘ex4 penditure’, ‘independent expenditure’, ‘candidate’, 

5 ‘election’, ‘electioneering communication’, and ‘Fed6 eral office’ has the meaning given the term in the 

7 Federal Campaign Act of 1971 (2 U.S.C. 431 et 

8 seq.).’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 137 of such title is amended 

11 by inserting after the item relating to section 2334 the 

12 following new item: 

‘‘2335. Prohibition on collection of political information.’’. 

13 SEC. 846. WAIVER OF ‘‘BUY AMERICAN’’ REQUIREMENT FOR 

14 PROCUREMENT OF COMPONENTS OTHER15 WISE PRODUCIBLE OVERSEAS WITH SPE16 CIALTY METAL NOT PRODUCED IN THE 

17 UNITED STATES. 

18 Section 2533b of title 10, United States Code, is 

19 amended— 

20 (1) by redesignating subsections (l) and (m) as 

21 subsections (m) and (n), respectively; and 

22 (2) by inserting after subsection (k) the fol23 lowing new subsection (l): 

24 ‘‘(l) ADDITIONAL WAIVER AUTHORITY.—(1) The 

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1 section (a) with regard to the procurement of a component 

2 containing specialty metal if the Secretary determines 

3 that, in the absence of the waiver, the component will be 

4 produced overseas and will contain specialty metal not 

5 melted or produced in the United States. 

6 ‘‘(2) The Secretary shall establish a process to review 

7 petitions for waivers under this subsection by interested 

8 persons. The process shall include an opportunity for com9 ment by persons engaged in melting or producing specialty 

10 metals in the United States. 

11 ‘‘(3) The authority to grant a waiver under para12 graph (1) may be delegated to any civilian official in the 

13 Department of Defense or a military department who is 

14 appointed by the President, by and with the advice and 

15 consent of the Senate.’’. 

16 SEC. 847. COMPTROLLER GENERAL OF THE UNITED 

17 STATES REPORTS ON NONCOMPETITIVE AND 

18 ONE-OFFER CONTRACTS AWARDED BY THE 

19 DEPARTMENT OF DEFENSE. 

20 (a) REPORTS REQUIRED.—Not later than March 31 

21 of each of 2013, 2014, and 2015, the Comptroller General 

22 of the United States shall submit to the Committees on 

23 Armed Services of the Senate and the House of Represent24 atives a report setting forth a review and assessment by 

25 the Comptroller General of the noncompetitive contracts 


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1 and one-offer contracts awarded by the Department of De2 fense during the preceding fiscal year. 

3 (b) ELEMENTS.—Each report under subsection (a) 

4 shall include the following: 

5 (1) The number of noncompetitive contracts 

6 awarded by the Department of Defense during the 

7 fiscal year covered by such report, and the percent8 age of such number to the total number of contracts 

9 awarded by the Department during such fiscal year. 

10 (2) A description of the competition exceptions 

11 that served as the basis for the award of such non12 competitive contracts. 

13 (3) An assessment of the adequacy of the jus14 tification and approvals issued under section 2304(f) 

15 of title 10, United States Code, in support of such 

16 noncompetitive contracts. 

17 (4) The number of one-offer contracts awarded 

18 by the Department during the fiscal year covered by 

19 such report, and the percentage of such number to 

20 the total number of contracts awarded by the De21 partment during such fiscal year. 

22 (5) An assessment of the extent to which such 

23 one-offer contracts were awarded in compliance with 

24 applicable Department guidance on one-offer con25 tracts. 


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1 (6) An assessment whether the contracting 

2 practices of the Department during the fiscal year 

3 covered by such report were in keeping with the ob4 jective of promoting full and open competition in the 

5 award of contracts in excess of the simplified acqui6 sition threshold. 

7 (c) DEFINITIONS.—In this section: 

8 (1) The term ‘‘competitive procedures’’ has the 

9 meaning given that term in section 2302(2) of title 

10 10, United States Code. 

11 (2) The term ‘‘noncompetitive contract’’ means 

12 a contract awarded through other than competitive 

13 procedures. 

14 (3) The term ‘‘one-offer contract’’ means a con15 tract awarded after receiving a bid from only one 

16 qualified vendor. 

17 Subtitle D—Provisions Relating to 

18 Wartime Contracting 

19 SEC. 861. PROHIBITION ON CONTRACTING WITH THE 

20 ENEMY IN THE UNITED STATES CENTRAL 

21 COMMAND THEATER OF OPERATIONS. 

22 (a) PROHIBITION.— 

23 (1) IN GENERAL.—Not later than 30 days after 

24 the date of the enactment of this Act, the Secretary 

25 of Defense shall revise the Department of Defense 


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1 Supplement to the Federal Acquisition Regulation to 

2 authorize the head of a contracting activity, pursu3 ant to a request from the Commander of the United 

4 States Central Command under subsection (c)(2)— 

5 (A) to restrict the award of Department of 

6 Defense contracts, grants, or cooperative agree7 ments that the head of the contracting activity 

8 determines in writing would provide funding di9 rectly or indirectly to a person or entity that 

10 has been identified by the Commander of the 

11 United States Central Command as actively 

12 supporting an insurgency or otherwise actively 

13 opposing United States or coalition forces in a 

14 contingency operation in the United States Cen15 tral Command theater of operations; 

16 (B) to terminate for default any Depart17 ment contract, grant, or cooperative agreement 

18 upon a written determination by the head of the 

19 contracting activity that the contractor, or the 

20 recipient of the grant or cooperative agreement, 

21 has failed to exercise due diligence to ensure 

22 that none of the funds received under the con23 tract, grant, or cooperative agreement are pro24 vided directly or indirectly to a person or entity 

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1 erwise actively opposing United States or coali2 tion forces in a contingency operation in the 

3 United States Central Command theater of op4 erations; or 

5 (C) to void in whole or in part any Depart6 ment contract, grant, or cooperative agreement 

7 upon a written determination by the head of the 

8 contracting activity that the contract, grant, or 

9 cooperative agreement provides funding directly 

10 or indirectly to a person or entity that has been 

11 identified by the Commander of the United 

12 States Central Command as actively supporting 

13 an insurgency or otherwise actively opposing 

14 United States or coalition forces in a contin15 gency operation in the United States Central 

16 Command theater of operations. 

17 (2) TREATMENT AS VOID.—For purposes of 

18 this section: 

19 (A) A contract, grant, or cooperative 

20 agreement that is void is unenforceable as con21 trary to public policy. 

22 (B) A contract, grant, or cooperative 

23 agreement that is void in part is unenforceable 

24 as contrary to public policy with regard to a 


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1 segregable task or effort under the contract, 

2 grant, or cooperative agreement. 

3 (b) CONTRACT CLAUSE.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date of the enactment of this Act, the Secretary 

6 shall revise the Department of Defense Supplement 

7 to the Federal Acquisition Regulation to require 

8 that— 

9 (A) the clause described in paragraph (2) 

10 shall be included in each covered contract, 

11 grant, and cooperative agreement of the De12 partment that is awarded on or after the date 

13 of the enactment of this Act; and 

14 (B) to the maximum extent practicable, 

15 each covered contract, grant, and cooperative 

16 agreement of the Department that is awarded 

17 before the date of the enactment of this Act 

18 shall be modified to include the clause described 

19 in paragraph (2). 

20 (2) CLAUSE DESCRIBED.—The clause described 

21 in this paragraph is a clause that— 

22 (A) requires the contractor, or the recipi23 ent of the grant or cooperative agreement, to 

24 exercise due diligence to ensure that none of the 

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1 operative agreement are provided directly or in2 directly to a person or entity who is actively 

3 supporting an insurgency or otherwise actively 

4 opposing United States or coalition forces in a 

5 contingency operation; and 

6 (B) notifies the contractor, or the recipient 

7 of the grant or cooperative agreement, of the 

8 authority of the head of the contracting activity 

9 to terminate or void the contract, grant, or co10 operative agreement, in whole or in part, as 

11 provided in subsection (a). 

12 (3) COVERED CONTRACT, GRANT, OR COOPERA13 TIVE AGREEMENT.—In this subsection, the term 

14 ‘‘covered contract, grant, or cooperative agreement’’ 

15 means a contract, grant, or cooperative agreement 

16 with an estimated value in excess of $100,000 that 

17 will be performed in the United States Central Com18 mand theater of operations. 

19 (c) IDENTIFICATION OF CONTRACTS WITH SUP20 PORTERS OF THE ENEMY.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, the Secretary, 

23 acting through the Commander of the United States 

24 Central Command, shall establish a program to use 

25 available intelligence to review persons and entities 


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1 who receive United States funds through contracts, 

2 grants, and cooperative agreements performed in the 

3 United States Central Command theater of oper4 ations and identify any such persons and entities 

5 who are actively supporting an insurgency or other6 wise actively opposing United States or coalition 

7 forces in a contingency operation. 

8 (2) NOTICE TO CONTRACTING ACTIVITIES.—If 

9 the Commander of the United States Central Com10 mand, acting pursuant to the program required by 

11 paragraph (1), identifies a person or entity as ac12 tively supporting an insurgency or otherwise actively 

13 opposing United States or coalition forces in a con14 tingency operation, the Commander may notify the 

15 head of a contracting activity in writing of such 

16 identification and request that the head of the con17 tracting activity exercise the authority provided in 

18 subsection (a) with regard to any contracts, grants, 

19 or cooperative agreements that provide funding di20 rectly or indirectly to the person or entity. 

21 (3) PROTECTION OF CLASSIFIED INFORMA22 TION.—Classified information relied upon by the 

23 Commander of the United States Central Command 

24 to make an identification in accordance with this 

25 subsection may not be disclosed to a contractor or 


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1 a recipient of a grant or cooperative agreement with 

2 respect to which an action is taken pursuant to the 

3 authority provided in subsection (a), or to their rep4 resentatives, in the absence of a protective order 

5 issued by a court of competent jurisdiction estab6 lished under Article III of the Constitution of the 

7 United States that specifically addresses the condi8 tions upon which such classified information may be 

9 so disclosed. 

10 (d) NONDELEGATION OF RESPONSIBILITIES.— 

11 (1) CONTRACT ACTIONS.—The authority pro12 vided by subsection (a) to restrict, terminate, or void 

13 contracts, grants, and cooperative agreements may 

14 not be delegated below the level of the head of a con15 tracting activity. 

16 (2) IDENTIFICATION OF SUPPORT OF ENEMY.— 

17 The authority to make an identification under sub18 section (c)(1) may not be delegated below the level 

19 of the Commander of the United States Central 

20 Command. 

21 (e) CONTRACTS, GRANTS, AND COOPERATIVE

22 AGREEMENTS OF OTHER FEDERAL AGENCIES.—This sec23 tion shall not be construed to preclude the issuance of a 

24 government-wide regulation— 


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1 (1) extending the authority in subsection (a) to 

2 the heads of contracting agencies outside the De3 partment; or 

4 (2) requiring the insertion of a contract clause 

5 similar to the clause described by subsection (b)(2) 

6 into contracts, grants, and cooperative agreements 

7 awarded by Federal agencies other than the Depart8 ment. 

9 (f) REPORTS.—Not later than March 1 of each of 

10 2013, 2014, and 2015, the Secretary shall submit to the 

11 congressional defense committees a report on the use of 

12 the authority provided by this section in the preceding cal13 endar year. Each report shall identify, for the calendar 

14 year covered by such report, each instance in which the 

15 Department of Defense exercised the authority to restrict, 

16 terminate, or void contracts, grants, and cooperative 

17 agreements pursuant to subsection (a) and explain the 

18 basis for the action taken. Any report under this sub19 section may be submitted in classified form. 

20 (g) OTHER DEFINITION.—In this section, the term 

21 ‘‘contingency operation’’ has the meaning given that term 

22 in section 101(a)(13) of title 10, United States Code. 

23 (h) SUNSET.—The authority to restrict, terminate, or 

24 void contracts, grants, and cooperative agreements pursu25 ant to subsection (a) shall cease to be effective on the date 


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1 that is three years after the date of the enactment of this 

2 Act. 

3 SEC. 862. ADDITIONAL ACCESS TO CONTRACTOR AND SUB4 CONTRACTOR RECORDS IN THE UNITED 

5 STATES CENTRAL COMMAND THEATER OF 

6 OPERATIONS. 

7 (a) DEPARTMENT OF DEFENSE CONTRACTS, 

8 GRANTS, AND COOPERATIVE AGREEMENTS.— 

9 (1) IN GENERAL.—Not later than 30 days after 

10 the date of the enactment of this Act, the Secretary 

11 of Defense shall revise the Department of Defense 

12 Supplement to the Federal Acquisition Regulation to 

13 require that— 

14 (A) the clause described in paragraph (2) 

15 shall be included in each covered contract, 

16 grant, and cooperative agreement of the De17 partment of Defense that is awarded on or 

18 after the date of the enactment of this Act; and 

19 (B) to the maximum extent practicable, 

20 each covered contract, grant, and cooperative 

21 agreement of the Department that is awarded 

22 before the date of the enactment of this Act 

23 shall be modified to include the clause described 

24 in paragraph (2). 


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1 (2) CLAUSE.—The clause described in this 

2 paragraph is a clause authorizing the Secretary, 

3 upon a written determination pursuant to paragraph 

4 (3), to examine any records of the contractor, the re5 cipient of a grant or cooperative agreement, or any 

6 subcontractor or subgrantee under such contract, 

7 grant, or cooperative agreement to the extent nec8 essary to ensure that funds available under the con9 tract, grant, or cooperative agreement— 

10 (A) are not subject to extortion or corrup11 tion; and 

12 (B) are not provided directly or indirectly 

13 to persons or entities that are actively sup14 porting an insurgency or otherwise actively op15 posing United States or coalition forces in a 

16 contingency operation. 

17 (3) WRITTEN DETERMINATION.—The authority 

18 to examine records pursuant to the contract clause 

19 described in paragraph (2) may be exercised only 

20 upon a written determination by the contracting offi21 cer or comparable official responsible for a grant or 

22 cooperative agreement, upon a finding by the Com23 mander of the United States Central Command, that 

24 there is reason to believe that funds available under 

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1 cerned may have been subject to extortion or corrup2 tion or may have been provided directly or indirectly 

3 to persons or entities that are actively supporting an 

4 insurgency or otherwise actively opposing United 

5 States or coalition forces in a contingency operation. 

6 (4) FLOWDOWN.—A clause described in para7 graph (2) shall also be required in any subcontract 

8 or subgrant under a covered contract, grant, or co9 operative agreement if the subcontract or subgrant 

10 has an estimated value in excess of $100,000. 

11 (b) CONTRACTS, GRANTS, AND COOPERATIVE

12 AGREEMENTS OF OTHER FEDERAL AGENCIES.—This sec13 tion shall not be construed to preclude the issuance of a 

14 government-wide regulation requiring the insertion of a 

15 clause similar to the clause described by subsection (a)(2) 

16 into contracts, grants, and cooperative agreements award17 ed by Federal agencies other than the Department of De18 fense. 

19 (c) REPORTS.—Not later than March 1 of each of 

20 2013, 2014, and 2015, the Secretary shall submit to the 

21 congressional defense committees a report on the use of 

22 the authority provided by this section in the preceding cal23 endar year. Each report shall identify, for the calendar 

24 year covered by such report, each instance in which the 

25 Department of Defense exercised the authority provided 


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1 under this section to examine records, explain the basis 

2 for the action taken, and summarize the results of any 

3 examination of records so undertaken, Any report under 

4 this subsection may be submitted in classified form. 

5 (d) DEFINITIONS.—In this section: 

6 (1) The term ‘‘contingency operation’’ has the 

7 meaning given that term in section 101(a)(13) of 

8 title 10, United States Code. 

9 (2) The term ‘‘covered contract, grant, or coop10 erative agreement’’ means a contract, grant, or co11 operative agreement with an estimated value in ex12 cess of $100,000 that will be performed in the 

13 United States Central Command theater of oper14 ations in support of a contingency operation. 

15 (e) SUNSET.— 

16 (1) IN GENERAL.—The clause described by sub17 section (a)(2) shall not be required in any contract, 

18 grant, or cooperative agreement that is awarded 

19 after the date that is three years after the date of 

20 the enactment of this Act. 

21 (2) CONTINUING EFFECT OF CLAUSES IN22 CLUDED BEFORE SUNSET.—Any clause described by 

23 subsection (a)(2) that is included in a contract, 

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1 tion before the date specified in paragraph (1) shall 

2 remain in effect in accordance with its terms. 

3 SEC. 863. JOINT URGENT OPERATIONAL NEEDS FUND TO 

4 RAPIDLY MEET URGENT OPERATIONAL 

5 NEEDS. 

6 (a) ESTABLISHMENT OF FUND.— 

7 (1) IN GENERAL.—Chapter 131 of title 10, 

8 United States Code, is amended by inserting after 

9 section 2216 the following new section: 

10 ‘‘§ 2216a. Rapidly meeting urgent needs: Joint Urgent 

11 Operational Needs Fund 

12 ‘‘(a) ESTABLISHMENT.—There is established in the 

13 Treasury an account to be known as the ‘Joint Urgent 

14 Operational Needs Fund’ (in this section referred to as 

15 the ‘Fund’). 

16 ‘‘(b) ELEMENTS.—The Fund shall consist of the fol17 lowing: 

18 ‘‘(1) Amounts appropriated to the Fund. 

19 ‘‘(2) Amounts transferred to the Fund. 

20 ‘‘(3) Any other amounts made available to the 

21 Fund by law. 

22 ‘‘(c) USE OF FUNDS.—(1) Amounts in the Fund shall 

23 be available to the Secretary of Defense for capabilities 

24 that are determined by the Secretary, pursuant to the re25 view process required by section 804(b) of the Ike Skelton 


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1 National Defense Authorization Act for Fiscal Year 2011 

2 (10 U.S.C. 2302 note), to be suitable for rapid fielding 

3 in response to urgent operational needs. 

4 ‘‘(2) The Secretary shall establish a merit-based proc5 ess for identifying equipment, supplies, services, training, 

6 and facilities suitable for funding through the Fund. 

7 ‘‘(3) Nothing in this section shall be interpreted to 

8 require or enable any official of the Department of De9 fense to provide funding under this section pursuant to 

10 a congressional earmark, as defined in clause 9 of Rule 

11 XXI of the Rules of the House of Representatives, or a 

12 congressionally directed spending item, as defined in para13 graph 5 of Rule XLIV of the Standing Rules of the Sen14 ate. 

15 ‘‘(d) TRANSFER AUTHORITY.—(1) Amounts in the 

16 Fund may be transferred by the Secretary of Defense 

17 from the Fund to any of the following accounts of the De18 partment of Defense to accomplish the purpose stated in 

19 subsection (c): 

20 ‘‘(A) Operation and maintenance accounts. 

21 ‘‘(B) Procurement accounts. 

22 ‘‘(C) Research, development, test, and evalua23 tion accounts. 

24 ‘‘(2) Upon determination by the Secretary that all or 

25 part of the amounts transferred from the Fund under 


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1 paragraph (1) are not necessary for the purpose for which 

2 transferred, such amounts may be transferred back to the 

3 Fund. 

4 ‘‘(3) The transfer of an amount to an account under 

5 the authority in paragraph (1) shall be deemed to increase 

6 the amount authorized for such account by an amount 

7 equal to the amount so transferred. 

8 ‘‘(4) The transfer authority provided by paragraphs 

9 (1) and (2) is in addition to any other transfer authority 

10 available to the Department of Defense by law. 

11 ‘‘(e) SUNSET.—The authority to make expenditures 

12 or transfers from the Fund shall expire on the last day 

13 of the third fiscal year that begins after the date of the 

14 enactment of the National Defense Authorization Act for 

15 Fiscal Year 2012.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 131 of such title 

18 is amended by inserting after the item relating to 

19 section 2216 the following new item: 

‘‘2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund.’’. 

20 (b) LIMITATION ON COMMENCEMENT OF EXPENDI21 TURES FROM FUND.—No expenditure may be made from 

22 the Joint Urgent Operational Needs Fund established by 

23 section 2216a of title 10, United States Code (as added 

24 by subsection (a)), until the Secretary of Defense certifies 

25 to the congressional defense committees that the Secretary 


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1 has developed and implemented an expedited review proc2 ess in compliance with the requirements of section 804 

3 of the Ike Skelton National Defense Authorization Act for 

4 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4256; 

5 10 U.S.C. 2302 note). 

6 SEC. 864. INCLUSION OF ASSOCIATED SUPPORT SERVICES 

7 IN RAPID ACQUISITION AND DEPLOYMENT 

8 PROCEDURES FOR SUPPLIES. 

9 (a) INCLUSION.—Section 806 of the Bob Stump Na10 tional Defense Authorization Act for Fiscal Year 2003 (10 

11 U.S.C. 2302 note) is amended by striking ‘‘supplies’’ each 

12 place it appears (other than subsections (a)(1)(B) and (f)) 

13 and inserting ‘‘supplies and associated support services’’. 

14 (b) DEFINITION.—Such section is further amended 

15 by adding at the end the following new subsection: 

16 ‘‘(g) ASSOCIATED SUPPORT SERVICES DEFINED.—In 

17 this section, the term ‘associated support services’ means 

18 training, operation, maintenance, and support services 

19 needed in connection with the deployment of supplies to 

20 be acquired pursuant to the authority of this section. The 

21 term does not include functions that are inherently gov22 ernmental or otherwise exempted from private sector per23 formance.’’. 

24 (c) LIMITATION ON AVAILABILITY OF AUTHORITY.— 

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1 suant to section 806 of the Bob Stump National Defense 

2 Authorization Act for Fiscal Year 2003, as amended by 

3 this section, shall not take effect until the Secretary of 

4 Defense certifies to the congressional defense committees 

5 that the Secretary has developed and implemented an ex6 pedited review process in compliance with the require7 ments of section 804 of the Ike Skelton National Defense 

8 Authorization Act for Fiscal Year 2011 (Public Law 111– 

9 383; 124 Stat. 4256; 10 U.S.C. 2302 note). 

10 SEC. 865. REACH-BACK CONTRACTING AUTHORITY FOR OP11 ERATION ENDURING FREEDOM AND OPER12 ATION NEW DAWN. 

13 (a) AUTHORITY TO DESIGNATE LEAD CONTRACTING

14 ACTIVITY.—The Under Secretary of Defense for Acquisi15 tion, Technology, and Logistics may designate a single 

16 contracting activity inside the United States to act as the 

17 lead contracting activity with authority for use of domestic 

18 capabilities in support of overseas contracting for Oper19 ation Enduring Freedom and Operation New Dawn. The 

20 contracting activity so designated shall be known as the 

21 ‘‘lead reach-back contracting authority’’ for such oper22 ations. 

23 (b) LIMITED AUTHORITY FOR USE OF OUTSIDE-THE24 UNITED-STATES-THRESHOLDS.—The head of the con25 tracting authority designated pursuant to subsection (a) 


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1 may, when awarding a contract inside the United States 

2 for performance in the theater of operations for Operation 

3 Enduring Freedom or Operation New Dawn, use the over4 seas increased micro-purchase threshold and the overseas 

5 increased simplified acquisition threshold in the same 

6 manner and to the same extent as if the contract were 

7 to be awarded and performed outside the United States. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘overseas increased micro-pur10 chase threshold’’ means the amount specified in 

11 paragraph (1)(B) of section 1903(b) of title 41, 

12 United States Code. 

13 (2) The term ‘‘overseas increased simplified ac14 quisition threshold’’ means the amount specified in 

15 paragraph (2)(B) of section 1903(b) of title 41, 

16 United States Code. 

17 SEC. 866. INCLUSION OF CONTRACTOR SUPPORT REQUIRE18 MENTS IN DEPARTMENT OF DEFENSE PLAN19 NING DOCUMENTS. 

20 (a) ELEMENTS IN QDR REPORTS TO CONGRESS.— 

21 Section 118(d) of title 10, United States Code, is amend22 ed— 

23 (1) in paragraph (4)— 

24 (A) in subparagraph (D), by striking 

25 ‘‘and’’ at the end; 


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1 (B) in subparagraph (E), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(F) the roles and responsibilities that 

6 would be discharged by contractors.’’; 

7 (2) in paragraph (6), by striking ‘‘manpower 

8 and sustainment’’ and inserting ‘‘manpower, 

9 sustainment, and contractor support’’; and 

10 (3) in paragraph (8), by inserting ‘‘, and the 

11 scope of contractor support,’’ after ‘‘Defense Agen12 cies’’. 

13 (b) CHAIRMAN OF JOINT CHIEFS OF STAFF ASSESS14 MENTS OF CONTRACTOR SUPPORT OF ARMED FORCES.— 

15 (1) ASSESSMENTS UNDER CONTINGENCY PLAN16 NING.—Paragraph (3) of subsection (a) of section 

17 153 of such title is amended— 

18 (A) by redesignating subparagraphs (C) 

19 and (D) as subparagraphs (D) and (E), respec20 tively; and 

21 (B) by inserting after subparagraph (B) 

22 the following new subparagraph (C): 

23 ‘‘(C) Identifying the support functions that are 

24 likely to require contractor performance under those 


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1 contingency plans, and the risks associated with the 

2 assignment of such functions to contractors.’’. 

3 (2) ASSESSMENTS UNDER ADVICE ON REQUIRE4 MENTS, PROGRAMS, AND BUDGET.—Paragraph 

5 (4)(E) of such subsection is amended by inserting 

6 ‘‘and contractor support’’ after ‘‘area of manpower’’. 

7 (3) ASSESSMENTS FOR BIENNIAL REVIEW OF

8 NATIONAL MILITARY STRATEGY.—Subsection (d) of 

9 such section is amended— 

10 (A) in paragraph (2), by adding at the end 

11 the following new subparagraph: 

12 ‘‘(I) Assessment of the requirements for con13 tractor support of the armed forces in conducting 

14 peacetime training, peacekeeping, overseas contin15 gency operations, and major combat operations, and 

16 the risks associated with such support.’’; and 

17 (B) in paragraph (3)(B), by striking ‘‘and 

18 the levels of support from allies and other 

19 friendly nations’’ and inserting ‘‘the levels of 

20 support from allies and other friendly nations, 

21 and the levels of contractor support’’. 


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1 Subtitle E—Other Matters 

2 SEC. 881. EXTENSION OF AVAILABILITY OF FUNDS IN THE 

3 DEFENSE ACQUISITION WORKFORCE DEVEL4 OPMENT FUND. 

5 (a) EXTENSION OF AVAILABILITY.—Section 

6 1705(e)(6) of title 10, United States Code, is amended 

7 by striking ‘‘under subsection (d)(2)’’ and inserting 

8 ‘‘(whether by credit in accordance with subsection (d)(2), 

9 by transfer pursuant to subsection (d)(3), by direct appro10 priation, or by deposit)’’. 

11 (b) PROSPECTIVE APPLICABILITY.—The amendment 

12 made by subsection (a) shall not apply to funds appro13 priated before the date of the enactment of this Act. 

14 (c) NATURE OF AVAILABILITY.—Such section is fur15 ther amended by striking ‘‘expenditure’’ and inserting 

16 ‘‘obligation’’. 

17 SEC. 882. MODIFICATION OF DELEGATION OF AUTHORITY 

18 TO MAKE DETERMINATIONS ON ENTRY INTO 

19 COOPERATIVE RESEARCH AND DEVELOP20 MENT AGREEMENTS WITH NATO AND OTHER 

21 FRIENDLY ORGANIZATIONS AND COUNTRIES. 

22 Section 2350a(b)(2) of title 10, United States Code, 

23 is amended by striking ‘‘and to one other official of the 

24 Department of Defense’’ and inserting ‘‘, the Under Sec25 retary of Defense for Acquisition, Technology, and LogisVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 tics, and the Principal Deputy Under Secretary of Defense 

2 for Acquisition, Technology, and Logistics’’. 

3 SEC. 883. RATE OF PAYMENT FOR AIRLIFT SERVICES 

4 UNDER THE CIVIL RESERVE AIR FLEET PRO5 GRAM. 

6 (a) RATE OF PAYMENT.— 

7 (1) IN GENERAL.—Chapter 931 of title 10, 

8 United States Code, is amended by inserting after 

9 section 9511 the following new section: 

10 ‘‘§ 9511a. Civil Reserve Air Fleet contracts: payment 

11 rate 

12 ‘‘(a) AUTHORITY.—The Secretary of Defense shall 

13 determine a fair and reasonable rate of payment for airlift 

14 services provided to the Department of Defense by air car15 riers who are participants in the Civil Reserve Air Fleet 

16 program. Such rate of payment shall be determined in ac17 cordance with— 

18 ‘‘(1) the methodology and ratemaking proce19 dures in effect on the date of the enactment of the 

20 National Defense Authorization Act for Fiscal Year 

21 2012; and 

22 ‘‘(2) such other procedures as the Secretary 

23 may prescribe by regulation. 

24 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 

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1 tions shall include a process for modifying the ratemaking 

2 methodology referred to in paragraph (1) of that sub3 section. The Secretary may exclude from the applicability 

4 of such regulations any airlift services contract made 

5 through the use of competitive procedures. 

6 ‘‘(c) COMMITMENT OF AIRCRAFT AS BUSINESS FAC7 TOR.—The Secretary may, in determining the quantity of 

8 business to be received under an airlift services contract 

9 for which the rate of payment is determined in accordance 

10 with subsection (a), use as a factor the relative amount 

11 of airlift capability committed by each air carrier to the 

12 Civil Reserve Air Fleet. 

13 ‘‘(d) INAPPLICABLE PROVISIONS OF LAW.—An airlift 

14 services contract for which the rate of payment is deter15 mined in accordance with subsection (a) shall not be sub16 ject to the provisions of section 2306a of this title or to 

17 the provisions of subsections (a) and (b) of section 1502 

18 of title 41.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 931 of such title 

21 is amended by inserting after the item relating to 

22 section 9511 the following new item: 

‘‘9511a. Civil Reserve Air Fleet contracts: payment rate.’’. 

23 (b) INITIAL REGULATIONS.—Regulations shall be 

24 prescribed under section 9511a(b) of title 10, United 


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1 States Code (as added by subsection (a)), not later than 

2 180 days after the date of the enactment of this Act. 

3 SEC. 884. CLARIFICATION OF DEPARTMENT OF DEFENSE 

4 AUTHORITY TO PURCHASE RIGHT-HAND 

5 DRIVE PASSENGER SEDAN VEHICLES AND 

6 ADJUSTMENT OF THRESHOLD FOR INFLA7 TION. 

8 (a) CLARIFICATION OF AUTHORITY.—Section 

9 2253(a)(2) of title 10, United States Code, is amended 

10 by striking ‘‘at a cost of not more than $30,000 each’’ 

11 and inserting ‘‘, but at a cost of not more than $40,000 

12 each for passenger sedans’’. 

13 (b) ADJUSTMENT FOR INFLATION.—The Department 

14 of Defense representative to the Federal Acquisition Regu15 latory Council established under section 1302 of title 41, 

16 United States Code, shall ensure that the threshold estab17 lished in section 2253 of title 10, United States Code, for 

18 the acquisition of right-hand drive passenger sedans is in19 cluded on the list of dollar thresholds that are subject to 

20 adjustment for inflation in accordance with the require21 ments of section 1908 of title 41, United States Code, and 

22 is adjusted pursuant to such provision, as appropriate. 


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1 SEC. 885. EXTENSION AND EXPANSION OF SMALL BUSINESS 

2 PROGRAMS OF THE DEPARTMENT OF DE3 FENSE. 

4 (a) EXTENSION OF SBIR PROGRAM.—Section 

5 9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)) 

6 is amended by striking ‘‘September 30, 2010’’ and insert7 ing ‘‘September 30, 2018’’. 

8 (b) EXTENSION OF STTR PROGRAM.—Section 

9 9(n)(1)(A)(ii) of the Small Business Act (15 U.S.C. 

10 638(n)(1)(A)(ii)) is amended by striking ‘‘2010’’ and in11 serting ‘‘2018’’. 

12 (c) EXTENSION AND EXPANSION OF COMMER13 CIALIZATION PILOT PROGRAM.—Section 9(y) of the Small 

14 Business Act (15 U.S.C. 638(y)) is amended— 

15 (1) in paragraphs (1), (2), and (4), by inserting 

16 ‘‘and the Small Business Technology Transfer Pro17 gram’’ after ‘‘Small Business Innovation Research 

18 Program’’; and 

19 (2) in paragraph (6), by striking ‘‘2010’’ and 

20 inserting ‘‘2018’’. 

21 SEC. 886. THREE-YEAR EXTENSION OF TEST PROGRAM FOR 

22 NEGOTIATION OF COMPREHENSIVE SMALL 

23 BUSINESS SUBCONTRACTING PLANS. 

24 (a) THREE-YEAR EXTENSION.—Subsection (e) of 

25 section 834 of the National Defense Authorization Act for 

26 Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is 


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1 amended by striking ‘‘September 30, 2011’’ and inserting 

2 ‘‘September 30, 2014’’. 

3 (b) ADDITIONAL REPORT.—Subsection (f) of such 

4 section is amended by inserting ‘‘and March 1, 2012,’’ 

5 after ‘‘March 1, 1994,’’. 

6 SEC. 887. FIVE-YEAR EXTENSION OF DEPARTMENT OF DE7 FENSE MENTOR-PROTEGE PROGRAM. 

8 Section 831(j) of the National Defense Authorization 

9 Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amend10 ed— 

11 (1) in paragraph (1), by striking ‘‘September 

12 30, 2010’’ and inserting ‘‘September 30, 2015’’; and 

13 (2) in paragraph (2), by striking ‘‘September 

14 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

15 SEC. 888. REPORT ON ALTERNATIVES FOR THE PROCURE16 MENT OF FIRE-RESISTANT AND FIRE-RE17 TARDANT FIBER AND MATERIALS FOR THE 

18 PRODUCTION OF MILITARY PRODUCTS. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) Vehicle and aircraft fires remain a signifi22 cant force protection and safety threat for the mem23 bers of the Armed Forces, whether deployed in sup24 port of ongoing military operations or while training 

25 for future deployment. 


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1 (2) Since 2003, the United States Army Insti2 tute of Surgical Research, the sole burn center with3 in the Department of Defense, has admitted and 

4 treated more than 800 combat casualties with burn 

5 injuries. The probability of this type of injury re6 mains extremely high with continued operations in 

7 Iraq and the surge of forces into Afghanistan and 

8 the associated increase in combat operations. 

9 (3) Advanced fiber products currently in use to 

10 protect first responders such as fire fighters and fac11 tory and refinery personnel in the United States 

12 steel and fuel refinery industries may provide great13 er protection against burn injuries to members of 

14 the Armed Forces. 

15 (b) REPORT.—Not later than February 28, 2012, the 

16 Secretary of Defense shall submit to the Committee on 

17 Armed Services of the Senate and the Committee on 

18 Armed Services of the House of Representatives a report 

19 on fire-resistant and fire-retardant fibers and materials 

20 for the production of military products. The report shall 

21 include the following: 

22 (1) An identification of the fire-resistance or 

23 fire-retardant properties or capabilities of fibers and 

24 materials (whether domestic or foreign) currently 

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1 quire such properties or capabilities (including in2 clude uniforms, protective equipment, firefighting 

3 equipment, lifesaving equipment, and life support 

4 equipment), and an assessment of the sufficiency, 

5 adequacy, availability, and cost of such fibers and 

6 materials for that purpose. 

7 (2) An identification of the fire-resistance or 

8 fire-retardant properties or capabilities of fibers and 

9 materials (whether domestic or foreign) otherwise 

10 available in the United States that are suitable for 

11 use in the production of military products that re12 quire such properties or capabilities, and an assess13 ment of the sufficiency, adequacy, availability, and 

14 cost of such fibers and materials for that purpose. 

15 TITLE IX—DEPARTMENT OF DE16 FENSE ORGANIZATION AND 

17 MANAGEMENT 

18 Subtitle A—Department of Defense 

19 Management 

20 SEC. 901. QUALIFICATIONS FOR APPOINTMENTS TO THE 

21 POSITION OF DEPUTY SECRETARY OF DE22 FENSE. 

23 Section 132(a) of title 10, United States Code, is 

24 amended by inserting after the first sentence the following 

25 new sentence: ‘‘The Deputy Secretary shall be appointed 


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1 from among persons most highly qualified for the position 

2 by reason of background and experience, including persons 

3 with appropriate management experience.’’. 

4 SEC. 902. DESIGNATION OF DEPARTMENT OF DEFENSE 

5 SENIOR OFFICIAL WITH PRINCIPAL RESPON6 SIBILITY FOR AIRSHIP PROGRAMS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of Defense shall— 

9 (1) designate a senior official of the Depart10 ment of Defense as the official with principal re11 sponsibility for the airship programs of the Depart12 ment; and 

13 (2) set forth the responsibilities of that senior 

14 official with respect to such programs. 

15 SEC. 903. MEMORANDA OF AGREEMENT ON SYNCHRONI16 ZATION OF ENABLING CAPABILITIES OF GEN17 ERAL PURPOSE FORCES WITH THE REQUIRE18 MENTS OF SPECIAL OPERATIONS FORCES. 

19 By not later than 180 days after the date of the en20 actment of this Act, each Secretary of a military depart21 ment shall enter into a memorandum of agreement with 

22 the Commander of the United States Special Operations 

23 Command establishing procedures by which the avail24 ability of the enabling capabilities of the general purpose 

25 forces of the Armed Forces under the jurisdiction of such 


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1 Secretary will be synchronized with the training and de2 ployment cycle of special operations forces under the 

3 United States Special Operations Command. 

4 SEC. 904. ENHANCEMENT OF ADMINISTRATION OF THE 

5 UNITED STATES AIR FORCE INSTITUTE OF 

6 TECHNOLOGY. 

7 (a) IN GENERAL.—Chapter 901 of title 10, United 

8 States Code, is amended by inserting after section 9314a 

9 the following new section: 

10 ‘‘§ 9314b. United States Air Force Institute of Tech11 nology: administration 

12 ‘‘(a) COMMANDANT.— 

13 ‘‘(1) SELECTION.—The Commandant of the 

14 United States Air Force Institute of Technology 

15 shall be selected by the Secretary of the Air Force. 

16 ‘‘(2) ELIGIBILITY.—The Commandant shall be 

17 one of the following: 

18 ‘‘(A) An officer of the Air Force on active 

19 duty in a grade not below the grade of colonel 

20 who possesses such qualifications as the Sec21 retary considers appropriate and is assigned or 

22 detailed to such position. 

23 ‘‘(B) A member of the Senior Executive 

24 Service or a civilian individual, including an in25 dividual who was retired from the Air Force in 


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1 a grade not below brigadier general, who has 

2 the qualifications appropriate for the position of 

3 Commandant and is selected by the Secretary 

4 as the best qualified from among candidates for 

5 the position in accordance with a process and 

6 criteria determined by the Secretary. 

7 ‘‘(3) TERM FOR CIVILIAN COMMANDANT.—An 

8 individual selected for the position of Commandant 

9 under paragraph (2)(B) shall serve in that position 

10 for a term of not more than five years and may be 

11 continued in that position for an additional term of 

12 up to five years. 

13 ‘‘(b) PROVOST AND ACADEMIC DEAN.— 

14 ‘‘(1) IN GENERAL.—There is established at the 

15 United States Air Force Institute of Technology the 

16 civilian position of Provost and Academic Dean who 

17 shall be appointed by the Secretary. 

18 ‘‘(2) TERM.—An individual appointed to the po19 sition of Provost and Academic Dean shall serve in 

20 that position for a term of five years. 

21 ‘‘(3) COMPENSATION.—The individual serving 

22 as Provost and Academic Dean is entitled to such 

23 compensation for such service as the Secretary shall 

24 prescribe for purposes of this section, but not more 


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1 than the rate of compensation authorized for level 

2 IV of the Executive Schedule.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 901 of such title is amended 

5 by inserting after the item relating to section 9314a the 

6 following new item: 

‘‘9314b. United States Air Force Institute of Technology: administration.’’. 

7 SEC. 905. DEFENSE LABORATORY MATTERS. 

8 (a) REPEAL OF SUNSET ON DIRECT HIRE AUTHOR9 ITY AT PERSONNEL DEMONSTRATION LABORATORIES.— 

10 Section 1108 of the Duncan Hunter National Defense Au11 thorization Act for Fiscal Year 2009 (10 U.S.C. 1580 

12 prec. note) is amended by striking subsection (e). 

13 (b) REPEAL OF SUNSET ON MECHANISMS TO PRO14 VIDE FUNDS FOR LABORATORIES FOR RESEARCH AND

15 DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MIS16 SIONS.—Section 219 of the Duncan Hunter National De17 fense Authorization Act for Fiscal Year 2009 (10 U.S.C. 

18 2358 note) is amended by striking subsection (c). 

19 (c) REPEAL OF SUNSET ON AUTHORITY FOR UN20 SPECIFIED MINOR MILITARY CONSTRUCTION FOR LAB21 ORATORY REVITALIZATION.—Section 2805(d) of title 10, 

22 United States Code, is amended by striking paragraph (5). 

23 (d) ASSESSMENT OF MILITARY CONSTRUCTION RE24 QUIRED FOR LABORATORY REVITALIZATION AND RECAPI25 TALIZATION.— 


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1 (1) ASSESSMENT REQUIRED.—The Secretary of 

2 Defense shall conduct an assessment of the current 

3 requirements of the defense laboratories for the revi4 talization and recapitalization of their infrastructure 

5 in order to identity required military construction. 

6 (2) ELEMENTS.—The assessment required by 

7 paragraph (1) shall— 

8 (A) identify the military construction re9 quirements of the defense laboratories described 

10 in paragraph (1) that cannot be met by current 

11 authorities for unspecified minor military con12 struction; and 

13 (B) establish for each Armed Force a 

14 prioritized list of military construction projects 

15 to meet the requirements described in subpara16 graph (A), and identify among the projects so 

17 listed each project previously submitted to a 

18 military construction review panel and the 

19 length of time such project has remained 

20 unaddressed. 

21 (3) REPORTS.— 

22 (A) STATUS REPORT.—Not later than 180 

23 days after the date of the enactment of this 

24 Act, the Secretary shall submit to the congres25 sional defense committees a report describing 


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1 the current status of the assessment required 

2 by paragraph (1). 

3 (B) FINAL REPORT.—Not later than one 

4 year after the date of the enactment of this Act, 

5 the Secretary shall submit to the congressional 

6 defense committees a report on the assessment. 

7 The report shall set forth the following: 

8 (i) The results of the assessment. 

9 (ii) Such recommendations for legisla10 tive or administrative action as the Sec11 retary considers appropriate in light of the 

12 results of the assessment. 

13 (4) DEFENSE LABORATORY DEFINED.—In this 

14 subsection, the term ‘‘defense laboratory’’ means a 

15 laboratory (as that term is defined in section 

16 2805(d)(4) of title 10, United States Code) that is 

17 owned by the United States and under the jurisdic18 tion of the Secretary of a military department. 

19 SEC. 906. ASSESSMENT OF DEPARTMENT OF DEFENSE AC20 CESS TO NON-UNITED STATES CITIZENS WITH 

21 SCIENTIFIC AND TECHNICAL EXPERTISE 

22 VITAL TO THE NATIONAL SECURITY INTER23 ESTS. 

24 (a) ASSESSMENT REQUIRED.—The Secretary of De25 fense shall conduct an assessment of current and potential 


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1 mechanisms to permit the Department of Defense to em2 ploy non-United States citizens with critical scientific and 

3 technical skills that are vital to the national security inter4 ests of the United States. 

5 (b) ELEMENTS.—The assessment required by sub6 section (a) shall include the following: 

7 (1) An identification of the critical scientific 

8 and technical skills that are vital to the national se9 curity interests of the United States and are antici10 pated to be in short supply over the next 10 years, 

11 and an identification of the military positions and ci12 vilian positions of the Department of Defense that 

13 require such skills. 

14 (2) An identification of mechanisms and incen15 tives for attracting persons who are non-United 

16 States citizens with such skills to such positions, in17 cluding the expedited extension of United States citi18 zenship. 

19 (3) An identification and assessment of any 

20 concerns associated with the provision of security 

21 clearances to such persons. 

22 (4) An identification and assessment of any 

23 concerns associated with the employment of such 

24 persons in civilian positions in the United States de25 fense industrial base, including in positions in which 


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1 United States citizenship, a security clearance, or 

2 both are a condition of employment. 

3 (c) REPORTS.— 

4 (1) STATUS REPORT.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary shall submit to the congressional defense com7 mittees a report describing the current status of the 

8 assessment required by subsection (a). 

9 (2) FINAL REPORT.—Not later than one year 

10 after the date of the enactment of this Act, the Sec11 retary shall submit to the congressional defense com12 mittees a report on the assessment. The report shall 

13 set forth the following: 

14 (A) The results of the assessment. 

15 (B) Such recommendations for legislative 

16 or administrative action as the Secretary con17 siders appropriate in light of the results of the 

18 assessment. 

19 Subtitle B—Space Activities 

20 SEC. 911. COMMERCIAL SPACE LAUNCH COOPERATION. 

21 (a) IN GENERAL.—Chapter 135 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 


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1 ‘‘§ 2275. Commercial space launch cooperation 

2 ‘‘(a) AUTHORITY.—The Secretary of Defense may, to 

3 assist the Secretary of Transportation in carrying out re4 sponsibilities set forth in titles 49 and 51 with respect to 

5 private sector involvement in commercial space activities 

6 and public-private partnerships pertaining to space trans7 portation infrastructure, take such actions as the Sec8 retary considers to be in the best interests of the Federal 

9 Government to do the following: 

10 ‘‘(1) Maximize the use of the capacity of the 

11 space transportation infrastructure of the Depart12 ment of Defense by the private sector in the United 

13 States. 

14 ‘‘(2) Maximize the effectiveness and efficiency 

15 of the space transportation infrastructure of the De16 partment of Defense. 

17 ‘‘(3) Reduce the cost of services provided by the 

18 Department of Defense related to space transpor19 tation infrastructure at launch support facilities and 

20 space recovery support facilities. 

21 ‘‘(4) Encourage commercial space activities by 

22 enabling investment in the space transportation in23 frastructure of the Department of Defense by cov24 ered entities. 

25 ‘‘(5) Foster cooperation between the Depart26 ment of Defense and covered entities. 


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1 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER

2 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN3 FRASTRUCTURE.—The Secretary of Defense— 

4 ‘‘(1) may enter into a contract or other agree5 ment with a covered entity to provide to the covered 

6 entity support and services related to the space 

7 transportation infrastructure of the Department of 

8 Defense; and 

9 ‘‘(2) upon the request of that covered entity, 

10 may include such support and services in the space 

11 launch and reentry range support requirements of 

12 the Department of Defense if— 

13 ‘‘(A) the Secretary determines that the in14 clusion of such support and services in such re15 quirements— 

16 ‘‘(i) is in the best interests of the Fed17 eral Government; 

18 ‘‘(ii) does not interfere with the re19 quirements of the Department of Defense; 

20 and 

21 ‘‘(iii) does not compete with the com22 mercial space activities of other covered en23 tities, unless that competition is in the na24 tional security interests of the United 

25 States; and 


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1 ‘‘(B) any commercial requirement included 

2 in a contract or other agreement entered into 

3 under this subsection has full non-Federal fund4 ing before the execution of the contract or other 

5 agreement. 

6 ‘‘(c) CONTRIBUTIONS.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Defense 

8 may enter into contracts or other agreements with 

9 covered entities on a cooperative and voluntary basis 

10 to accept contributions of funds, services, and equip11 ment to carry out this section. 

12 ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, 

13 services, or equipment accepted by the Secretary 

14 under this subsection— 

15 ‘‘(A) may be used only for the objectives 

16 specified in this section in accordance with 

17 terms of use set forth in the contract or other 

18 agreement entered into under this subsection; 

19 and 

20 ‘‘(B) shall be managed by the Secretary in 

21 accordance with regulations of the Department 

22 of Defense. 

23 ‘‘(3) REQUIREMENTS WITH RESPECT TO

24 AGREEMENTS.—A contract or other agreement en25 tered into under this subsection shall address terms 


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1 of use, ownership, and disposition of the funds, serv2 ices, or equipment contributed pursuant to the con3 tract or other agreement. 

4 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC5 COUNT.— 

6 ‘‘(1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a special account 

8 to be known as the ‘Defense Cooperation Space 

9 Launch Account’. 

10 ‘‘(2) CREDITING OF FUNDS.—Funds received 

11 by the Secretary of Defense under subsection (c) 

12 shall be credited to the Defense Cooperation Space 

13 Launch Account and shall be available until ex14 pended without further authorization or appropria15 tion only for the objectives specified in this section. 

16 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

17 of each year, the Secretary of Defense shall submit to the 

18 congressional defense committees a report on the funds, 

19 services, and equipment accepted and used by the Sec20 retary under this section during the previous fiscal year. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) COVERED ENTITY.—The term ‘covered en23 tity’ means a non-Federal entity that— 


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1 ‘‘(A) is organized under the laws of the 

2 United States or of any jurisdiction within the 

3 United States; and 

4 ‘‘(B) is engaged in commercial space ac5 tivities. 

6 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

7 ‘launch support facilities’ has the meaning given 

8 that term in section 50501(7) of title 51. 

9 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

10 The term ‘space recovery support facilities’ has the 

11 meaning given that term in section 50501(11) of 

12 title 51. 

13 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC14 TURE.—The term ‘space transportation infrastruc15 ture’ has the meaning given that term in section 

16 50501(12) of title 51.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by adding 

19 at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 

20 (c) REGULATIONS.—The Secretary of Defense shall 

21 prescribe regulations relating to the activities of the De22 partment of Defense under section 2275 of title 10, 

23 United States Code, as added by subsection (a). 


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1 SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR 

2 BLOCKS OF SPACE VEHICLES AS MAJOR SUB3 PROGRAMS SUBJECT TO ACQUISITION RE4 PORTING REQUIREMENTS. 

5 Section 2430a(a)(1) of title 10, United States Code, 

6 is amended— 

7 (1) by inserting ‘‘(A)’’ before ‘‘If the Secretary 

8 of Defense determines’’; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) If the Secretary of Defense determines that a 

12 major defense acquisition program to purchase space vehi13 cles requires the delivery of space vehicles in two or more 

14 increments or blocks, the Secretary may designate each 

15 such increment or block as a major subprogram for the 

16 purposes of acquisition reporting under this chapter.’’. 

17 SEC. 913. REVIEW TO IDENTIFY INTERFERENCE WITH NA18 TIONAL SECURITY GLOBAL POSITIONING 

19 SYSTEM RECEIVERS BY COMMERCIAL COM20 MUNICATIONS SERVICES. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the reliable provision of precision navigation 

24 and timing signals by Global Positioning System sat25 ellites owned and operated by the Department of 

26 Defense is critical to the economy, public health and 


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1 safety, and the national security of the United 

2 States; 

3 (2) any interference with the signals of the 

4 Global Positioning System satellites or the various 

5 receivers that use those signals would be extraor6 dinarily disruptive; and 

7 (3) the Federal Communications Commission 

8 should ensure that the signals of Global Positioning 

9 System satellites can be received without interrup10 tion or interference. 

11 (b) REVIEW.—Not later than 90 days after the date 

12 of the enactment of this Act, and every 90 days thereafter 

13 until the termination date described in subsection (d), the 

14 Secretary of Defense shall conduct a review— 

15 (1) to assess the ability of national security 

16 Global Positioning System receivers to receive the 

17 signals of Global Positioning System satellites with18 out interruption or interference; and 

19 (2) to determine if commercial communications 

20 services are causing or will cause widespread or 

21 harmful interference with national security Global 

22 Positioning System receivers. 

23 (c) NOTIFICATION TO CONGRESS.— 

24 (1) IN GENERAL.—If the Secretary determines 

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1 tions services are causing or will cause widespread or 

2 harmful interference with national security Global 

3 Positioning System receivers, the Secretary shall 

4 promptly submit to the congressional defense com5 mittees a report notifying those committees of the 

6 interference. 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) A list and description of the national 

10 security Global Positioning System receivers 

11 that are being or are expected to be interfered 

12 with by commercial communications services. 

13 (B) A description of the source of, and the 

14 entity causing or expected to cause, the inter15 ference with those receivers. 

16 (C) A description of the manner in which 

17 that source or entity is causing or is expected 

18 to cause the interference. 

19 (D) A description of the magnitude of 

20 harm caused or expected to be caused by the in21 terference. 

22 (E) A description of the duration of and 

23 the conditions and circumstances under which 

24 the interference is occurring or is expected to 

25 occur. 


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1 (F) A description of the impact of the in2 terference on the national security interests of 

3 the United States. 

4 (G) A description of the plans of the Sec5 retary to address, alleviate, or mitigate the in6 terference or the harm caused or expected to be 

7 caused by the interference. 

8 (d) TERMINATION DATE DESCRIBED.—The require9 ment that the Secretary conduct the review under sub10 section (b) and submit the report under subsection (c) 

11 shall terminate on the earlier of— 

12 (1) the date that is 2 years after the date of the 

13 enactment of this Act; or 

14 (2) the date on which the Secretary— 

15 (A) determines that there is no widespread 

16 or harmful interference with national security 

17 Global Positioning System receivers by commer18 cial communication services; and 

19 (B) notifies the congressional defense com20 mittees of that determination. 


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1 Subtitle C—Intelligence Matters 

2 SEC. 921. EXPANSION OF AUTHORITY FOR EXCHANGES OF 

3 MAPPING, CHARTING, AND GEODETIC DATA 

4 TO INCLUDE NONGOVERNMENTAL ORGANI5 ZATIONS AND ACADEMIC INSTITUTIONS. 

6 (a) BROADENING OF AUTHORITY.—Section 454 of 

7 title 10, United States Code, is amended— 

8 (1) by inserting ‘‘(a) FOREIGN COUNTRIES AND

9 INTERNATIONAL ORGANIZATIONS.—’’ before ‘‘The 

10 Secretary of Defense’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(b) NONGOVERNMENTAL ORGANIZATIONS AND ACA14 DEMIC INSTITUTIONS.—The Secretary may authorize the 

15 National Geospatial-Intelligence Agency to exchange or 

16 furnish mapping, charting, and geodetic data, supplies, 

17 and services relating to areas outside of the United States 

18 to a nongovernmental organization or an academic institu19 tion engaged in geospatial information research or produc20 tion of such areas pursuant to an agreement for the pro21 duction or exchange of such data.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) SECTION HEADING.—The heading of such 

24 section is amended to read as follows: 


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1 ‘‘§ 454. Exchange of mapping, charting, and geodetic 

2 data with foreign countries, international 

3 organizations, nongovernmental organi4 zations, and academic institutions’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of subchapter II of chapter 22 of 

7 such title is amended by striking the item relating 

8 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.’’. 

9 SEC. 922. FACILITIES FOR INTELLIGENCE COLLECTION OR 

10 SPECIAL OPERATIONS ACTIVITIES ABROAD. 

11 Section 2682 of title 10, United States Code, is 

12 amended— 

13 (1) by inserting ‘‘(a) MAINTENANCE AND RE14 PAIR.—’’ before ‘‘The maintenance and repair’’; 

15 (2) by designating the second sentence as sub16 section (b), realigning such subsection so as to be in17 dented two ems from the left margin, and inserting 

18 ‘‘JURISDICTION.—’’ before ‘‘A real property facil19 ity’’; and 

20 (3) by adding at the end the following new sub21 section: 

22 ‘‘(c) FACILITIES FOR INTELLIGENCE COLLECTION

23 OR FOR SPECIAL OPERATIONS ABROAD.—The Secretary 

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1 risdiction over, a real property facility if necessary to pro2 vide security for authorized intelligence collection or spe3 cial operations activities abroad undertaken by the De4 partment of Defense.’’. 

5 SEC. 923. OZONE WIDGET FRAMEWORK. 

6 (a) MECHANISM FOR INTERNET PUBLICATION OF IN7 FORMATION FOR DEVELOPMENT OF ANALYSIS TOOLS

8 AND APPLICATIONS.—The Director of the Defense Infor9 mation Systems Agency shall implement a mechanism to 

10 publish and maintain on the public Internet the Applica11 tion Programming Interface specifications, a developer’s 

12 toolkit, source code, and such other information on, and 

13 resources for, the Ozone Widget Framework (OWF) as the 

14 Director considers necessary to permit individuals and 

15 companies to develop, integrate, and test analysis tools 

16 and applications for use by the Department of Defense 

17 and the elements of the intelligence community. 

18 (b) PROCESS FOR VOLUNTARY CONTRIBUTION OF

19 IMPROVEMENTS BY PRIVATE SECTOR.—In addition to the 

20 requirement under subsection (a), the Director shall also 

21 establish a process by which private individuals and com22 panies may voluntarily contribute the following: 

23 (1) Improvements to the source code and docu24 mentation for the Ozone Widget Framework. 


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1 (2) Alternative or compatible implementations 

2 of the published Application Programming Interface 

3 specifications for the Framework. 

4 (c) ENCOURAGEMENT OF USE AND DEVELOP5 MENT.—The Director shall, whenever practicable, encour6 age and foster the use, support, development, and en7 hancement of the Ozone Widget Framework by the com8 puter industry and commercial information technology 

9 vendors, including the development of tools that are com10 patible with the Framework. 

11 SEC. 924. PLAN FOR INCORPORATION OF ENTERPRISE 

12 QUERY AND CORRELATION CAPABILITY INTO 

13 THE DEFENSE INTELLIGENCE INFORMATION 

14 ENTERPRISE. 

15 (a) PLAN REQUIRED.— 

16 (1) IN GENERAL.—The Under Secretary of De17 fense for Intelligence shall develop a plan for the in18 corporation of an enterprise query and correlation 

19 capability into the Defense Intelligence Information 

20 Enterprise (D2IE). 

21 (2) ELEMENTS.—The plan required by para22 graph (1) shall— 

23 (A) include an assessment of all the cur24 rent and planned advanced query and correla25 tion systems which operate on large centralized 


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1 databases that are deployed or to be deployed 

2 in elements of the Defense Intelligence Informa3 tion Enterprise; and 

4 (B) determine where duplication can be 

5 eliminated, how use of these systems can be ex6 panded, whether these systems can be operated 

7 collaboratively, and whether they can and 

8 should be integrated with the enterprisewide 

9 query and correlation capability required pursu10 ant to paragraph (1). 

11 (b) PILOT PROGRAM.— 

12 (1) IN GENERAL.—The Under Secretary shall 

13 conduct a pilot program to demonstrate an 

14 enterprisewide query and correlation capability 

15 through the Defense Intelligence Information Enter16 prise program. 

17 (2) PURPOSE.—The purpose of the pilot pro18 gram shall be to demonstrate the capability of an 

19 enterprisewide query and correlation system to 

20 achieve the following: 

21 (A) To conduct complex, simultaneous que22 ries by a large number of users and analysts 

23 across numerous, large distributed data stores 

24 with response times measured in seconds. 


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1 (B) To be scaled up to operate effectively 

2 on all the data holdings of the Defense Intel3 ligence Information Enterprise. 

4 (C) To operate across multiple levels of se5 curity with data guards. 

6 (D) To operate effectively on both 

7 unstructured data and structured data. 

8 (E) To extract entities, resolve them, and 

9 (as appropriate) mask them to protect sources 

10 and methods, privacy, or both. 

11 (F) To control access to data by means of 

12 on-line electronic user credentials, profiles, and 

13 authentication. 

14 (c) REPORT.—Not later than November 1, 2012, the 

15 Under Secretary shall submit to the appropriate commit16 tees of Congress a report on the actions undertaken by 

17 the Under Secretary to carry out this section. The report 

18 shall set forth the plan developed under subsection (a) and 

19 a description and assessment of the pilot program con20 ducted under subsection (b). 

21 (d) APPROPRIATE COMMITTEES OF CONGRESS DE22 FINED.—In this section, the term ‘‘appropriate commit23 tees of Congress’’ means— 


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1 (1) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Select Com3 mittee on Intelligence of the Senate; and 

4 (2) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Permanent 

6 Select Committee on Intelligence of the House of 

7 Representatives. 

8 Subtitle D—Cybersecurity Matters 

9 SEC. 931. STRATEGY TO ACQUIRE CAPABILITIES TO DE10 TECT PREVIOUSLY UNKNOWN CYBER AT11 TACKS. 

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

13 develop and implement a plan to augment the cybersecu14 rity strategy of the Department of Defense through the 

15 acquisition of advanced capabilities to discover and isolate 

16 penetrations and attacks that were previously unknown 

17 and for which signatures have not been developed for in18 corporation into computer intrusion detection and preven19 tion systems and anti-virus software systems. 

20 (b) CAPABILITIES.— 

21 (1) NATURE OF CAPABILITIES.—The capabili22 ties to be acquired under the plan required by sub23 section (a) shall— 

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1 ducted by nation-state adversaries that are cat2 egorized as ‘‘advanced persistent threats’’; 

3 (B) be appropriate for— 

4 (i) endpoints or hosts; 

5 (ii) network-level gateways operated 

6 by the Defense Information Systems Agen7 cy where the Department of Defense net8 work connects to the public Internet; and 

9 (iii) global networks owned and oper10 ated by private sector Tier 1 Internet 

11 Service Providers; 

12 (C) at the endpoints or hosts, add new dis13 covery capabilities to the Host-Based Security 

14 System of the Department, including capabili15 ties such as— 

16 (i) automatic blocking of unauthorized 

17 software programs and accepting approved 

18 and vetted programs; 

19 (ii) constant monitoring of all key 

20 computer attributes, settings, and oper21 ations (such as registry keys, operations 

22 running in memory, security settings, 

23 memory tables, event logs, and files); and 


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1 (iii) automatic baselining and remedi2 ation of altered computer settings and 

3 files; 

4 (D) at the network-level gateways and in5 ternal network peering points, include the 

6 sustainment and enhancement of a system that 

7 is based on full-packet capture, session recon8 struction, extended storage, and advanced ana9 lytic tools, by— 

10 (i) increasing the number and skill 

11 level of the analysts assigned to query 

12 stored data, whether by contracting for se13 curity services, hiring and training Govern14 ment personnel, or both; and 

15 (ii) increasing the capacity of the sys16 tem to handle the rates for data flow 

17 through the gateways and the storage re18 quirements specified by the United States 

19 Cyber Command; and 

20 (E) include the behavior-based threat de21 tection capabilities of Tier 1 Internet Service 

22 Providers and other companies that operate on 

23 the global Internet. 

24 (2) SOURCE OF CAPABILITIES.—The capabili25 ties to be acquired shall, to the maximum extent 


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1 practicable, be acquired from commercial sources. In 

2 making decisions on the procurement of such capa3 bilities from among competing commercial and Gov4 ernment providers, the Secretary shall take into con5 sideration the needs of other departments and agen6 cies of the Federal Government, State and local gov7 ernments, and critical infrastructure owned and op8 erated by the private sector for unclassified, afford9 able, and sustainable commercial solutions. 

10 (c) INTEGRATION AND MANAGEMENT OF DISCOVERY

11 CAPABILITIES.—The plan required by subsection (a) shall 

12 include mechanisms for improving the standardization, or13 ganization, and management of the security information 

14 and event management systems that are widely deployed 

15 across the Department of Defense to improve the ability 

16 of United States Cyber Command to understand and con17 trol the status and condition of Department networks, in18 cluding mechanisms to ensure that the security informa19 tion and event management systems of the Department 

20 receive and correlate data collected and analyses con21 ducted at the host or endpoint, at the network gateways, 

22 and by Internet Service Providers in order to discover new 

23 attacks reliably and rapidly. 

24 (d) PROVISION FOR CAPABILITY DEMONSTRA25 TIONS.—The plan required by subsection (a) shall provide 


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1 for the conduct of demonstrations, pilot projects, and 

2 other tests on cyber test ranges and operational networks 

3 in order to determine and verify that the capabilities to 

4 be acquired pursuant to the plan are effective, practical, 

5 and affordable. 

6 (e) REPORT.—Not later than April 1, 2012, the Sec7 retary shall submit to the congressional defense commit8 tees a report on the plan required by subsection (a). The 

9 report shall set forth the plan and include a comprehensive 

10 description of the actions being undertaken by the Depart11 ment to implement the plan. 

12 SEC. 932. PROGRAM IN SUPPORT OF DEPARTMENT OF DE13 FENSE POLICY ON SUSTAINING AND EXPAND14 ING INFORMATION SHARING. 

15 (a) PROGRAM REQUIRED.—The Secretary of Defense 

16 shall carry out a program to support the policy of the De17 partment of Defense on sustaining and expanding infor18 mation sharing which program shall provide for the adop19 tion and improvement of technical and procedural capa20 bilities to detect and prevent personnel without authoriza21 tion from acquiring and exporting information from classi22 fied networks. 

23 (b) CAPABILITIES.—Options for the technical and 

24 procedural capabilities to be adopted and improved under 


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1 the program required by subsection (a) shall include, but 

2 not be limited to, capabilities for the following: 

3 (1) Disabling the removable media ports of 

4 computers, whether physically or electronically. 

5 (2) In the case of computers authorized to write 

6 to removable media, requiring systems administrator 

7 approval for transfers of data. 

8 (3) Electronic monitoring and reporting of com9 pliance with policies on downloading of information 

10 to removable media, and of attempts to circumvent 

11 such policies. 

12 (4) Using public-key infrastructure-based iden13 tity authentication and user profiles to control infor14 mation access and use. 

15 (5) Electronic auditing and reporting of user 

16 activities to deter and detect unauthorized activities. 

17 (6) Using data-loss-prevention and data-rights 

18 management technology to prevent the unauthorized 

19 export of information from a network or to render 

20 the information unusable in the event of unauthor21 ized export. 

22 (7) Appropriately implementing and integrating 

23 such capabilities to enable efficient management and 

24 operations, and effective protection of information, 


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1 without impairing the work of analysts and users of 

2 networks. 

3 (c) PROGRAM WITHIN BROADER APPROACH TO CY4 BERSECURITY CHALLENGES.—In developing the program 

5 required by subsection (a), the Secretary— 

6 (1) shall take into account that the prevention 

7 of security breaches from personnel operating from 

8 inside Department networks substantially overlaps 

9 with the prevention of cyber attacks (including pre10 vention of theft of information and intellectual prop11 erty and the destruction of information and network 

12 functionality); and 

13 (2) should make decisions about the utility and 

14 affordability of capabilities under subsection (b) for 

15 purposes of the program in full contemplation of the 

16 broad range of cybersecurity challenges facing the 

17 Department. 

18 (d) BUDGET MATTERS.—The budget justification 

19 documents for the budget of the President for each fiscal 

20 year after fiscal year 2012, as submitted to Congress pur21 suant to section 1105 of title 31, United States Code, shall 

22 set forth information on the program required by sub23 section (a), including the following: 

24 (1) The amount requested for such fiscal year 

25 for the program. 


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1 (2) A description of the objectives and scope of 

2 the program for such fiscal year, including manage3 ment objectives and program milestones and per4 formance metrics for such fiscal year. 

5 TITLE X—GENERAL PROVISIONS 

6 Subtitle A—Financial Matters 

7 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

8 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

9 (1) AUTHORITY.—Upon determination by the 

10 Secretary of Defense that such action is necessary in 

11 the national interest, the Secretary may transfer 

12 amounts of authorizations made available to the De13 partment of Defense in this division for fiscal year 

14 2012 between any such authorizations for that fiscal 

15 year (or any subdivisions thereof). Amounts of au16 thorizations so transferred shall be merged with and 

17 be available for the same purposes as the authoriza18 tion to which transferred. 

19 (2) LIMITATION.—Except as provided in para20 graph (3), the total amount of authorizations that 

21 the Secretary may transfer under the authority of 

22 this section may not exceed $5,000,000,000. 

23 (3) EXCEPTION FOR TRANSFERS BETWEEN

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1 tions under title IV shall not be counted toward the 

2 dollar limitation in paragraph (2). 

3 (b) LIMITATIONS.—The authority provided by this 

4 section to transfer authorizations— 

5 (1) may only be used to provide authority for 

6 items that have a higher priority than the items 

7 from which authority is transferred; and 

8 (2) may not be used to provide authority for an 

9 item that has been denied authorization by Con10 gress. 

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

12 transfer made from one account to another under the au13 thority of this section shall be deemed to increase the 

14 amount authorized for the account to which the amount 

15 is transferred by an amount equal to the amount trans16 ferred. 

17 (d) NOTICE TO CONGRESS.—The Secretary shall 

18 promptly notify Congress of each transfer made under 

19 subsection (a). 

20 SEC. 1002. DEFENSE BUSINESS SYSTEMS. 

21 (a) AVAILABILITY OF FUNDS FOR DEFENSE BUSI22 NESS SYSTEM PROGRAMS.— 

23 (1) CONDITIONS FOR OBLIGATION.—Subsection 

24 (a) of section 2222 of title 10, United States Code, 

25 is amended to read as follows: 


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1 ‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR

2 COVERED DEFENSE BUSINESS SYSTEM PROGRAMS.—Ap3 propriated and nonappropriated funds available to the De4 partment of Defense may not be obligated for a covered 

5 defense business system program unless— 

6 ‘‘(1) the appropriate chief management officer 

7 for the defense business system program has— 

8 ‘‘(A) determined that— 

9 ‘‘(i) the defense business system pro10 gram is in compliance with the enterprise 

11 architecture developed under subsection 

12 (c); and 

13 ‘‘(ii) appropriate business process re14 engineering efforts have been undertaken 

15 to ensure that— 

16 ‘‘(I) the business process to be 

17 supported by the defense business sys18 tem program will be as streamlined 

19 and efficient as practicable; and 

20 ‘‘(II) the need to tailor commer21 cial-off-the-shelf systems to meet 

22 unique requirements or incorporate 

23 unique interfaces has been eliminated 

24 or reduced to the maximum extent 

25 practicable; or 


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1 ‘‘(B) waived the requirement in subpara2 graph (A) on the basis of a determination by 

3 the chief management officer that— 

4 ‘‘(i) the defense business system pro5 gram is necessary to achieve a critical na6 tional security capability or address a crit7 ical requirement in an area such as safety 

8 or security; or 

9 ‘‘(ii) the defense business system pro10 gram is necessary to prevent a significant 

11 adverse effect on a project that is needed 

12 to achieve an essential capability, taking 

13 into consideration the alternative solutions 

14 for preventing such adverse effect; 

15 ‘‘(2) the determination or waiver of the chief 

16 management officer under paragraph (1) has been 

17 reviewed, approved, and certified by an appropriate 

18 investment review board established under sub19 section (g); and 

20 ‘‘(3) the certification by the investment review 

21 board under paragraph (2) has been approved by the 

22 Defense Business Systems Management Com23 mittee.’’. 

24 (2) TREATMENT OF CERTAIN OBLIGATIONS OF

25 FUNDS.—Subsection (b) of such section is amended 


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1 by striking ‘‘business system’’ and all that follows 

2 through ‘‘such subsection’’ and inserting ‘‘covered 

3 defense business system program that has not been 

4 certified or approved in accordance with subsection 

5 (a)’’. 

6 (b) ENTERPRISE ARCHITECTURE.— 

7 (1) IN GENERAL.—Subsection (c) of such sec8 tion is amended— 

9 (A) in paragraph (1), by inserting ‘‘, 

10 known as the defense business enterprise archi11 tecture,’’ after ‘‘an enterprise architecture’’; 

12 and 

13 (B) in paragraph (2), by striking ‘‘the en14 terprise architecture for defense business sys15 tems’’ and inserting ‘‘the defense business en16 terprise architecture’’. 

17 (2) COMPOSITION.—Subsection (d) of such sec18 tion is amended— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘all’’ and inserting ‘‘applicable law, includ22 ing’’; and 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘business and’’ before ‘‘financial informa25 tion’’; 


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1 (B) in paragraph (2), by inserting ‘‘per2 formance measures,’’ after ‘‘data standards,’’; 

3 and 

4 (C) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) A target systems environment, aligned to 

7 the business enterprise architecture, for each of the 

8 major business processes conducted by the Depart9 ment of Defense, as determined by the Chief Man10 agement Officer of the Department of Defense.’’. 

11 (3) TRANSITION PLAN.—Subsection (e) of such 

12 section is amended— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘The acquisition strategy for’’ and insert16 ing ‘‘A listing of the’’; and 

17 (ii) in subparagraph (B)— 

18 (I) by striking ‘‘defense business 

19 systems as of December 2, 2002’’ and 

20 inserting ‘‘existing defense business 

21 systems’’; and 

22 (II) by striking the comma before 

23 ‘‘that will’’; and 

24 (B) in paragraph (2), by striking ‘‘Each of 

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1 ing ‘‘For each system listed under paragraph 

2 (1), the transition plan’’. 

3 (c) RESPONSIBLE SENIOR OFFICIALS AND CHIEF

4 MANAGEMENT OFFICERS.—Subsection (f) of such section 

5 is amended— 

6 (1) by striking all the matter preceding sub7 paragraph (A) of paragraph (1) and inserting the 

8 following: 

9 ‘‘(f) DESIGNATION OF SENIOR OFFICIALS AND

10 CHIEF MANAGEMENT OFFICERS.—(1) For purposes of 

11 subsection (g), the appropriate senior Department of De12 fense official for the functions and activities supported by 

13 a covered defense business system is as follows:’’; 

14 (2) in such paragraph (1), as so amended— 

15 (A) by striking ‘‘shall be responsible and 

16 accountable for’’ each place it appears and in17 serting ‘‘, in the case of’’; 

18 (B) in subparagraph (D), by striking ‘‘As19 sistant Secretary of Defense for Networks and 

20 Information Integration and the’’; and 

21 (C) in subparagraph (E), by striking 

22 ‘‘Deputy Secretary of Defense’’ and all that fol23 lows through ‘‘responsible for’’ and inserting 

24 ‘‘Deputy Chief Management Officer of the De25 partment of Defense, in the case of’’; and 


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1 (3) in paragraph (2)— 

2 (A) in the matter preceding subparagraph 

3 (A)— 

4 (i) by striking ‘‘subsection (a)’’ and 

5 inserting ‘‘subsections (a) and (g)’’; and 

6 (ii) by striking ‘‘modernization’’ and 

7 inserting ‘‘program’’; 

8 (B) in subparagraph (D), by inserting ‘‘the 

9 Director of such Defense Agency, unless other10 wise approved by’’ before ‘‘the Deputy Chief 

11 Management Officer’’; and 

12 (C) in subparagraph (E), by inserting ‘‘the 

13 designee of’’ before ‘‘the Deputy Chief Manage14 ment Officer’’. 

15 (d) INVESTMENT REVIEW.—Subsection (g) of such 

16 section is amended— 

17 (1) by striking paragraph (1) and inserting the 

18 following new paragraph (1): 

19 ‘‘(1) The Secretary of Defense, acting through the 

20 Chief Management Officer of the Department of Defense, 

21 shall establish, by not later than March 15, 2012, an in22 vestment review board and investment management proc23 ess, consistent with section 11312 of title 40, to review 

24 the planning, design, acquisition, development, deploy25 ment, operation, maintenance, modernization, and project 


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1 cost benefits and risks of covered defense business system 

2 programs. The investment review process so established 

3 shall specifically address the requirements of subsection 

4 (a).’’; and 

5 (2) in paragraph (2)— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘systems’’ and inserting ‘‘sys8 tem programs’’; 

9 (B) in subparagraph (A), by striking ‘‘de10 fense business system’’ and all that follows 

11 through ‘‘as an investment’’ and inserting ‘‘cov12 ered defense business system program, in ac13 cordance with the requirements of subsection 

14 (a),’’; 

15 (C) in subparagraph (B), by striking 

16 ‘‘every defense business system’’ and all that 

17 follows and inserting ‘‘covered defense business 

18 system programs, grouped in portfolios of de19 fense business systems;’’; 

20 (D) by striking subparagraph (C) and in21 serting the following new subparagraph (C): 

22 ‘‘(C) Representation on each investment review 

23 board by appropriate officials from among the Office 

24 of the Secretary of Defense, the armed forces, the 

25 combatant commands, the Joint Chiefs of Staff, and 


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1 the Defense Agencies, including representatives of 

2 each of the following: 

3 ‘‘(i) The appropriate chief management of4 ficer for the defense business system under re5 view. 

6 ‘‘(ii) The appropriate senior Department of 

7 Defense official for the functions and activities 

8 supported by the defense business system under 

9 review. 

10 ‘‘(iii) The Chief Information Officer of the 

11 Department of Defense.’’; and 

12 (E) in subparagraph (D), by striking ‘‘in13 vestments’’ and inserting ‘‘programs’’. 

14 (e) BUDGET INFORMATION.—Subsection (h) of such 

15 section is amended— 

16 (1) in paragraph (1), by inserting ‘‘program’’ 

17 after ‘‘defense business system’’; 

18 (2) in paragraph (2)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘such system’’ and inserting 

21 ‘‘such program’’; and 

22 (B) in subparagraph (A), by striking ‘‘the 

23 system’’ and inserting ‘‘the system covered by 

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1 (3) by striking paragraph (3) and inserting the 

2 following new paragraph (3): 

3 ‘‘(3) For each such program, an identification 

4 of the appropriate chief management officer and 

5 senior Department of Defense official designated 

6 under subsection (f).’’; and 

7 (4) in paragraph (4), by striking ‘‘such system’’ 

8 both places it appears and inserting ‘‘such pro9 gram’’. 

10 (f) REPORTS TO CONGRESS.—Subsection (i) of such 

11 section is amended— 

12 (1) in the matter preceding paragraph (1)— 

13 (A) by striking ‘‘2005 through 2013’’ and 

14 inserting ‘‘2012 through 2016’’; 

15 (B) by striking the second sentence; and 

16 (C) by striking ‘‘Subsequent reports’’ and 

17 inserting ‘‘Each report’’; 

18 (2) by striking ‘‘modernizations’’ each place it 

19 appears in paragraphs (1) and (2) and inserting 

20 ‘‘programs’’; 

21 (3) by striking paragraph (3) and inserting the 

22 following new paragraph (3): 

23 ‘‘(3) identify any covered defense business sys24 tem program for which a waiver was granted under 

25 subsection (a)(1)(B) during the preceding fiscal 


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1 year, and set forth the reasons for each such waver; 

2 and’’; and 

3 (4) in paragraph (4), by striking ‘‘moderniza4 tion efforts’’ and inserting ‘‘programs’’. 

5 (g) DEFINITIONS.—Subsection (j) of such section is 

6 amended— 

7 (1) by striking paragraphs (1) and (3); 

8 (2) by redesignating paragraphs (2), (4), (5), 

9 and (6) as paragraphs (1), (3), (4), and (5), respec10 tively; and 

11 (3) by inserting after paragraph (1), as redesig12 nated by paragraph (2) of this subsection, the fol13 lowing new paragraph (2): 

14 ‘‘(2) The term ‘covered defense business system 

15 program’ means any program as follows: 

16 ‘‘(A) A program for the acquisition or de17 velopment of a new defense business system 

18 with a total cost in excess of $1,000,000. 

19 ‘‘(B) A program for any significant modi20 fication or enhancement of an existing defense 

21 business system with a total cost in excess of 

22 $1,000,000. 

23 ‘‘(C) A program for the operation and 

24 maintenance of an existing defense business 

25 system, if the estimated cost of operation and 


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1 maintenance of such system exceeds $1,000,000 

2 over the period of the current future-years de3 fense program submitted to Congress under 

4 section 221 of this title.’’. 

5 SEC. 1003. MODIFICATION OF AUTHORITIES ON CERTIFI6 CATION AND CREDENTIAL STANDARDS FOR 

7 FINANCIAL MANAGEMENT POSITIONS IN THE 

8 DEPARTMENT OF DEFENSE. 

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

10 States Code, is amended to read as follows: 

11 ‘‘§ 1599d. Financial management positions: authority 

12 to prescribe professional certification 

13 and credential standards 

14 ‘‘(a) AUTHORITY TO PRESCRIBE PROFESSIONAL

15 CERTIFICATION AND CREDENTIAL STANDARDS.—The 

16 Secretary of Defense may prescribe professional certifi17 cation and credential standards for financial management 

18 positions within the Department of Defense, including re19 quirements for formal education and requirements for cer20 tifications that individuals have met predetermined quali21 fications set by an agency of Government or by an indus22 try or professional group. Any such professional certifi23 cation or credential standard shall be prescribed as a De24 partment regulation. 


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1 ‘‘(b) WAIVER.—The Secretary may waive any stand2 ard prescribed under subsection (a) whenever the Sec3 retary determines such a waiver to be appropriate. 

4 ‘‘(c) APPLICABILITY.—(1) Except as provided in 

5 paragraph (2), the Secretary may, in the Secretary’s dis6 cretion— 

7 ‘‘(A) require that a standard prescribed under 

8 subsection (a) apply immediately to all personnel 

9 holding financial management positions designated 

10 by the Secretary; or 

11 ‘‘(B) delay the imposition of such a standard 

12 for a reasonable period to permit persons holding fi13 nancial management positions so designated time to 

14 comply. 

15 ‘‘(2) A formal education requirement prescribed 

16 under subsection (a) shall not apply to any person em17 ployed by the Department in a financial management posi18 tion before the standard is prescribed. 

19 ‘‘(d) DISCHARGE OF AUTHORITY.—The Secretary 

20 shall prescribe any professional certification or credential 

21 standards under subsection (a) through the Under Sec22 retary of Defense (Comptroller), in consultation with the 

23 Under Secretary of Defense for Personnel and Readiness. 

24 ‘‘(e) REPORTS.—Not later than one year after the ef25 fective date of any regulations prescribed under subsection 


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1 (a), or any significant modification of such regulations, 

2 the Secretary shall, in conjunction with the Director of 

3 the Office of Personnel Management, submit to Congress 

4 a report setting forth the plans of the Secretary to provide 

5 training to appropriate Department personnel to meet any 

6 new professional certification or credential standard under 

7 such regulations or modification. 

8 ‘‘(f) FINANCIAL MANAGEMENT POSITION DE9 FINED.—In this section, the term ‘financial management 

10 position’ means a position or group of positions (including 

11 civilian and military positions), as designated by the Sec12 retary for purposes of this section, that perform, super13 vise, or manage work of a fiscal, financial management, 

14 accounting, auditing, cost or budgetary nature, or that re15 quire the performance of financial management related 

16 work.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 81 of such title is amended 

19 by striking the item relating to section 1599d and insert20 ing the following new item: 

‘‘1599d. Financial management positions: authority to prescribe professional 

certification and credential standards.’’. 


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1 SEC. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIP2 ROCAL FIRE PROTECTION AGREEMENTS. 

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

4 27, 1955 (chapter 105; 69 Stat. 67; 42 U.S.C. 1856d(b)), 

5 is amended to read as follows: 

6 ‘‘(b) Notwithstanding subsection (a), all sums re7 ceived as reimbursements for costs incurred by any De8 partment of Defense activity for fire protection rendered 

9 pursuant to this Act shall be credited to the same appro10 priation or fund from which the expenses were paid or, 

11 if the period of availability for obligation for that appro12 priation has expired, to the appropriation or fund that is 

13 currently available to the activity for the same purpose. 

14 Amounts so credited shall be subject to the same provi15 sions and restrictions as the appropriation or account to 

16 which credited.’’. 

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall apply with respect to reimbursements for 

19 expenditures of funds appropriated after the date of the 

20 enactment of this Act. 


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1 Subtitle B—Counter-Drug 

2 Activities 

3 SEC. 1011. FIVE-YEAR EXTENSION AND MODIFICATION OF 

4 AUTHORITY OF DEPARTMENT OF DEFENSE 

5 TO PROVIDE ADDITIONAL SUPPORT FOR 

6 COUNTERDRUG ACTIVITIES OF OTHER GOV7 ERNMENTAL AGENCIES. 

8 (a) FIVE-YEAR EXTENSION.—Subsection (a) of sec9 tion 1004 of the National Defense Authorization Act for 

10 Fiscal Year 1991 (10 U.S.C. 374 note) is amended by 

11 striking ‘‘During fiscal years 2002 through 2011’’ and in12 serting ‘‘Until September 30, 2016’’. 

13 (b) COVERAGE OF TRIBAL LAW ENFORCEMENT

14 AGENCIES.— 

15 (1) IN GENERAL.—Such section is further 

16 amended— 

17 (A) in subsection (a)— 

18 (i) in the matter preceding paragraph 

19 (1), by inserting ‘‘tribal,’’ after ‘‘local,’’; 

20 and 

21 (ii) in paragraph (2), by striking 

22 ‘‘State or local’’ both places it appears and 

23 insert ‘‘State, local, or tribal’’; and 

24 (B) in subsection (b)— 


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1 (i) in paragraph (1), by striking 

2 ‘‘State or local’’ and inserting ‘‘State, 

3 local, or tribal’’; 

4 (ii) in paragraph (4), by striking 

5 ‘‘State, or local’’ and inserting ‘‘State, 

6 local, or tribal’’; and 

7 (iii) in paragraph (5), by striking 

8 ‘‘State and local’’ and inserting ‘‘State, 

9 local, and tribal’’. 

10 (2) TRIBAL GOVERNMENT DEFINED.—Such sec11 tion is further amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(i) DEFINITIONS RELATING TO TRIBAL GOVERN14 MENTS.—In this section: 

15 ‘‘(1) The term ‘Indian tribe’ has the meaning 

16 given the term in section 4 of the Indian Self-Deter17 mination and Education Assistance Act (25 U.S.C. 

18 450b). 

19 ‘‘(2) The term ‘tribal government’ means the 

20 governing body of an Indian tribe.’’. 


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1 SEC. 1012. FIVE-YEAR EXTENSION AND EXPANSION OF AU2 THORITY TO PROVIDE ADDITIONAL SUPPORT 

3 FOR COUNTER-DRUG ACTIVITIES OF CER4 TAIN FOREIGN GOVERNMENTS. 

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

6 of the National Defense Authorization Act for Fiscal Year 

7 1998 (Public Law 105–85; 111 Stat. 1881), as most re8 cently amended by section 1014(a) of the Ike Skelton Na9 tional Defense Authorization Act for Fiscal Year 2011 

10 (Public Law 111–383; 124 Stat. 4337), is further amend11 ed by striking ‘‘2012’’ and inserting ‘‘2017’’. 

12 (b) MAXIMUM AMOUNT OF SUPPORT.—Section (e)(2) 

13 of such section, as so amended, is further amended— 

14 (1) by striking ‘‘$75,000,000’’ and inserting 

15 ‘‘$100,000,000’’; and 

16 (2) by striking ‘‘2012’’ and inserting ‘‘2017’’. 

17 (c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE18 CEIVE SUPPORT.—Subsection (b) of such section, as most 

19 recently amended by section 1024(b) of the Duncan Hun20 ter National Defense Authorization Act for Fiscal Year 

21 2009 (Public Law 110–417; 122 Stat. 4587), is further 

22 amended by adding at the end the following new para23 graphs: 

24 ‘‘(23) Government of Benin. 

25 ‘‘(24) Government of Cape Verde. 

26 ‘‘(25) Government of The Gambia. 


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1 ‘‘(26) Government of Ghana. 

2 ‘‘(27) Government of Guinea. 

3 ‘‘(28) Government of Ivory Coast. 

4 ‘‘(29) Government of Jamaica. 

5 ‘‘(30) Government of Liberia. 

6 ‘‘(31) Government of Mauritania. 

7 ‘‘(32) Government of Nicaragua. 

8 ‘‘(33) Government of Nigeria. 

9 ‘‘(34) Government of Sierra Leone. 

10 ‘‘(35) Government of Togo.’’. 

11 SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES 

12 TO SUPPORT FOREIGN COUNTER-DRUG AC13 TIVITIES. 

14 Section 1022(a) of the Floyd D. Spence National De15 fense Authorization Act for Fiscal Year 2001 (as enacted 

16 into law by Public Law 106–398; 114 Stat. 1654A–255), 

17 as most recently amended by the section 1013 of the Ike 

18 Skelton National Defense Authorization Act for Fiscal 

19 Year 2011 (Public Law 111–383; 124 Stat. 4347), is fur20 ther amended by striking ‘‘February 15, 2011’’ and in21 serting ‘‘February 15, 2012’’. 


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1 SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK 

2 FORCES TO PROVIDE SUPPORT TO LAW EN3 FORCEMENT AGENCIES CONDUCTING 

4 COUNTER-TERRORISM ACTIVITIES. 

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

6 Defense Authorization Act for Fiscal Year 2004 (10 

7 U.S.C. 371 note) is amended by striking ‘‘2011’’ and in8 serting ‘‘2012’’. 

9 (b) LIMITATION ON EXERCISE OF AUTHORITY.—The 

10 authority in section 1022 of the National Defense Author11 ization Act for Fiscal Year 2004, as amended by sub12 section (a), may not be exercised after September 30, 

13 2011, unless the Secretary of Defense certifies to Con14 gress, in writing, that the Department of Defense is in 

15 compliance with the provisions of paragraph (2) of sub16 section (d) of such section, as added by section 1012(b) 

17 of the Ike Skelton National Defense Authorization Act for 

18 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4346). 

19 SEC. 1015. EXTENSION OF AUTHORITY TO SUPPORT UNI20 FIED COUNTERDRUG AND COUNTERTER21 RORISM CAMPAIGN IN COLOMBIA. 

22 Section 1021(a)(1) of the Ronald W. Reagan Na23 tional Defense Authorization Act for Fiscal Year 2005 

24 (Public Law 108–375; 118 Stat. 2042), as most recently 

25 amended by section 1011 of the Ike Skelton National De26 fense Authorization Act for Fiscal Year 2011 (Public Law 


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1 111–383; 124 Stat. 4346), is further amended by striking 

2 ‘‘2011’’ and inserting ‘‘2012’’. 

3 Subtitle C—Naval Vessels and 

4 Shipyards 

5 SEC. 1021. LIMITATION ON AVAILABILITY OF FUNDS FOR 

6 PLACING MARITIME PREPOSITIONING SHIP 

7 SQUADRONS ON REDUCED OPERATING STA8 TUS. 

9 No amounts authorized to be appropriated by this 

10 Act may be obligated or expended to place a Maritime 

11 Prepositioning Ship squadron, or any component thereof, 

12 on reduced operating status until the later of the fol13 lowing: 

14 (1) The date on which the Commandant of the 

15 Marine Corps submits to the congressional defense 

16 committees a report setting forth an assessment of 

17 the impact on military readiness of the plans of the 

18 Navy for placing such Maritime Prepositioning Ship 

19 squadron, or component thereof, on reduced oper20 ating status. 

21 (2) The date on which the Chief of Naval Oper22 ations submits to the congressional defense commit23 tees a report that— 

24 (A) describes the plans of the Navy for 

25 placing such Maritime Prepositioning Ship 


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1 squadron, or component thereof, on reduced op2 erating status; and 

3 (B) sets forth comments of the Chief of 

4 Naval Operations on the assessment described 

5 in paragraph (1). 

6 (3) The date on which the Secretary of Defense 

7 certifies to the congressional defense committees 

8 that the risks to readiness of placing such Maritime 

9 Prepositioning squadron, or component thereof, on 

10 reduced operating status are acceptable. 

11 SEC. 1022. MODIFICATION OF CONDITIONS ON STATUS OF 

12 RETIRED AIRCRAFT CARRIER EX-JOHN F. 

13 KENNEDY. 

14 Section 1011(c)(2) of the John Warner National De15 fense Authorization Act for Fiscal Year 2007 (Public Law 

16 109–364; 120 Stat. 2374) is amended by striking ‘‘shall 

17 require’’ and all that follows and inserting ‘‘may, notwith18 standing paragraph (1), demilitarize the vessel in prepara19 tion for the transfer.’’. 

20 SEC. 1023. AUTHORITY TO PROVIDE INFORMATION FOR 

21 MARITIME SAFETY OF FORCES AND HYDRO22 GRAPHIC SUPPORT. 

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

24 United States Code, is amended by adding at the end the 

25 following new chapter: 


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1 ‘‘CHAPTER 669—MARITIME SAFETY OF 

2 FORCES 

‘‘Sec. 

‘‘7921. Safety and effectiveness information; hydrographic information. 

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

5 ‘‘(a) SAFETY AND EFFECTIVENESS INFORMATION.— 

6 (1) The Secretary of the Navy shall maximize the safety 

7 and effectiveness of all maritime vessels, aircraft, and 

8 forces of the armed forces by means of— 

9 ‘‘(A) marine data collection; 

10 ‘‘(B) numerical weather and ocean prediction; 

11 and 

12 ‘‘(C) forecasting of hazardous weather and 

13 ocean conditions. 

14 ‘‘(2) The Secretary may extend similar support to 

15 forces of the North Atlantic Treaty Organization, and to 

16 coalition forces, that are operating with the armed forces. 

17 ‘‘(b) HYDROGRAPHIC INFORMATION.—The Secretary 

18 of the Navy shall collect, process, and provide to the Direc19 tor of the National Geospatial-Intelligence Agency hydro20 graphic information to support preparation of maps, 

21 charts, books, and geodetic products by that Agency.’’. 

22 (b) CLERICAL AMENDMENT.—The table of chapters 

23 at the beginning of subtitle C of such title, and the table 

24 of chapters at the beginning of part IV of such subtitle, 


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1 are each amended by inserting after the item relating to 

2 chapter 667 the following new item: 

‘‘669. Maritime Safety of Forces .............................................................. 7921’’. 

3 Subtitle D—Detainee Matters 

4 SEC. 1031. AUTHORITY TO DETAIN UNPRIVILEGED ENEMY 

5 BELLIGERENTS CAPTURED PURSUANT TO 

6 THE AUTHORIZATION FOR USE OF MILITARY 

7 FORCE. 

8 (a) IN GENERAL.—The Armed Forces of the United 

9 States are authorized to detain covered persons captured 

10 in the course of hostilities authorized by the Authorization 

11 for Use of Military Force (Public Law 107–40) as 

12 unprivileged enemy belligerents pending disposition under 

13 the law of war. 

14 (b) COVERED PERSONS.—A covered person under 

15 this section is any person, including but not limited to per16 sons for whom detention is required under section 1032, 

17 as follows: 

18 (1) A person who planned, authorized, com19 mitted, or aided the terrorist attacks that occurred 

20 on September 11, 2001, or harbored those respon21 sible for those attacks. 

22 (2) A person who was a part of or substantially 

23 supported al-Qaeda, the Taliban, or associated forces 

24 that are engaged in hostilities against the United 

25 States or its coalition partners, including any person 


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1 who has committed a belligerent act or has directly 

2 supported such hostilities in aid of such enemy 

3 forces. 

4 (c) DISPOSITION UNDER LAW OF WAR.—The dis5 position of a person under the law of war as described 

6 in subsection (a) may include the following: 

7 (1) Long-term detention under the law of war 

8 without trial until the end of hostilities against the 

9 nations, organizations, and persons subject to the 

10 Authorization for Use of Military Force. 

11 (2) Trial under chapter 47A of title 10, United 

12 States Code (as amended by the Military Commis13 sions Act of 2009 (title XVIII of Public Law 111– 

14 84)). 

15 (3) Transfer for trial by an alternative court or 

16 competent tribunal having lawful jurisdiction. 

17 (4) Transfer to the custody or control of the 

18 person’s country of origin, any other foreign coun19 try, or any other foreign entity. 

20 (d) CONSTITUTIONAL LIMITATION ON APPLICA21 BILITY TO UNITED STATES PERSONS.—The authority to 

22 detain a person under this section does not extend to the 

23 detention of citizens or lawful resident aliens of the United 

24 States on the basis of conduct taking place within the 


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1 United States except to the extent permitted by the Con2 stitution of the United States. 

3 SEC. 1032. REQUIRED MILITARY CUSTODY FOR MEMBERS 

4 OF AL-QAEDA AND AFFILIATED ENTITIES. 

5 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF

6 WAR.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (4), the Armed Forces of the United States 

9 shall hold a person described in paragraph (2) in 

10 military custody as an unprivileged enemy bellig11 erent pending disposition under the law of war. 

12 (2) APPLICABILITY TO AL-QAEDA AND AFFILI13 ATED ENTITIES.—The requirement in paragraph (1) 

14 shall apply to any covered person under section 

15 1031(b) who is determined to be— 

16 (A) a member of, or part of, al-Qaeda or 

17 an affiliated entity; and 

18 (B) a participant in the course of planning 

19 or carrying out an attack or attempted attack 

20 against the United States or its coalition part21 ners. 

22 (3) DISPOSITION UNDER LAW OF WAR.—For 

23 purposes of this subsection, the disposition of a per24 son under the law of war has the meaning given in 

25 section 1031(c), except that no transfer otherwise 


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1 described in paragraph (4) of that section shall be 

2 made unless consistent with the requirements of sec3 tion 1033. 

4 (4) WAIVER FOR NATIONAL SECURITY.—The 

5 Secretary of Defense may, in consultation with the 

6 Secretary of State and the Director of National In7 telligence, waive the requirement of paragraph (1) if 

8 the Secretary submits to Congress a certification in 

9 writing that such a waiver is in the national security 

10 interests of the United States. 

11 (b) REQUIREMENT INAPPLICABLE TO UNITED

12 STATES CITIZENS.—The requirement to detain a person 

13 in military custody under this section does not extend to 

14 citizens of the United States. 

15 (c) EFFECTIVE DATE.—This section shall take effect 

16 on the date of the enactment of this Act, and shall apply 

17 with respect to persons described in subsection (a)(2) who 

18 are taken into the custody or brought under the control 

19 of the United States on or after that date. 


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1 SEC. 1033. PERMANENT REQUIREMENTS FOR CERTIFI2 CATIONS RELATING TO THE TRANSFER OF 

3 DETAINEES AT UNITED STATES NAVAL STA4 TION, GUANTANAMO BAY, CUBA, TO FOREIGN 

5 COUNTRIES AND OTHER FOREIGN ENTITIES. 

6 (a) CERTIFICATION REQUIRED PRIOR TO TRANS7 FER.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2) and subsection (d), the Secretary of De10 fense may not use any amounts authorized to be ap11 propriated or otherwise available to the Department 

12 of Defense to transfer any individual detained at 

13 Guantanamo to the custody or control of the individ14 ual’s country of origin, any other foreign country, or 

15 any other foreign entity unless the Secretary sub16 mits to Congress the certification described in sub17 section (b) not later than 30 days before the trans18 fer of the individual. 

19 (2) EXCEPTION.—Paragraph (1) shall not 

20 apply to any action taken by the Secretary to trans21 fer any individual detained at Guantanamo to effec22 tuate— 

23 (A) an order affecting the disposition of 

24 the individual that is issued by a court or com25 petent tribunal of the United States having lawVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 ful jurisdiction (which the Secretary shall notify 

2 Congress of promptly after issuance); or 

3 (B) a pre-trial agreement entered in a mili4 tary commission case prior to the date of the 

5 enactment of this Act. 

6 (b) CERTIFICATION.—A certification described in this 

7 subsection is a written certification made by the Secretary 

8 of Defense, with the concurrence of the Secretary of State 

9 and in consultation with the Director of National Intel10 ligence, that the government of the foreign country or the 

11 recognized leadership of the foreign entity to which the 

12 individual detained at Guantanamo is to be transferred— 

13 (1) is not a designated state sponsor of ter14 rorism or a designated foreign terrorist organization; 

15 (2) maintains control over each detention facil16 ity in which the individual is to be detained if the 

17 individual is to be housed in a detention facility; 

18 (3) is not, as of the date of the certification, 

19 facing a threat that is likely to substantially affect 

20 its ability to exercise control over the individual; 

21 (4) has taken or agreed to take effective actions 

22 to ensure that the individual cannot take action to 

23 threaten the United States, its citizens, or its allies 

24 in the future; 


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1 (5) has taken or agreed to take such actions as 

2 the Secretary of Defense determines are necessary to 

3 ensure that the individual cannot engage or re4 engage in any terrorist activity; and 

5 (6) has agreed to share with the United States 

6 any information that— 

7 (A) is related to the individual or any asso8 ciates of the individual; and 

9 (B) could affect the security of the United 

10 States, its citizens, or its allies. 

11 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED

12 RECIDIVISM.— 

13 (1) PROHIBITION.—Except as provided in para14 graph (2) and subsection (d), the Secretary of De15 fense may not use any amounts authorized to be ap16 propriated or otherwise made available to the De17 partment of Defense to transfer any individual de18 tained at Guantanamo to the custody or control of 

19 the individual’s country of origin, any other foreign 

20 country, or any other foreign entity if there is a con21 firmed case of any individual who was detained at 

22 United States Naval Station, Guantanamo Bay, 

23 Cuba, at any time after September 11, 2001, who 

24 was transferred to such foreign country or entity 

25 and subsequently engaged in any terrorist activity. 


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1 (2) EXCEPTION.—Paragraph (1) shall not 

2 apply to any action taken by the Secretary to trans3 fer any individual detained at Guantanamo to effec4 tuate— 

5 (A) an order affecting the disposition of 

6 the individual that is issued by a court or com7 petent tribunal of the United States having law8 ful jurisdiction (which the Secretary shall notify 

9 Congress of promptly after issuance); or 

10 (B) a pre-trial agreement entered in a mili11 tary commission case prior to the date of the 

12 enactment of this Act. 

13 (d) NATIONAL SECURITY WAIVER.— 

14 (1) IN GENERAL.—The Secretary of Defense 

15 may waive the applicability to a detainee transfer of 

16 a certification requirement specified in paragraph 

17 (4) or (5) of subsection (b) or the prohibition in sub18 section (c) if the Secretary, with the concurrence of 

19 the Secretary of State and in consultation with the 

20 Director of National Intelligence, determines that— 

21 (A) alternative actions will be taken to ad22 dress the underlying purpose of the requirement 

23 or requirements to be waived; 

24 (B) in the case of a waiver of paragraph 

25 (4) or (5) of subsection (b), it is not possible 


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1 to certify that the risks addressed in the para2 graph to be waived have been completely elimi3 nated, but the actions to be taken under sub4 paragraph (A) will substantially mitigate such 

5 risks with regard to the individual to be trans6 ferred; 

7 (C) in the case of a waiver of subsection 

8 (c), the Secretary has considered any confirmed 

9 case in which an individual who was transferred 

10 to the country subsequently engaged in terrorist 

11 activity, and the actions to be taken under sub12 paragraph (A) will substantially mitigate the 

13 risk of recidivism with regard to the individual 

14 to be transferred; and 

15 (D) the transfer is in the national security 

16 interests of the United States. 

17 (2) REPORTS.—Whenever the Secretary makes 

18 a determination under paragraph (1), the Secretary 

19 shall submit to the congressional defense commit20 tees, not later than 30 days before the transfer of 

21 the individual concerned the following: 

22 (A) A copy of the determination and the 

23 waiver concerned. 

24 (B) A statement of the basis for the deter25 mination, including— 


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1 (i) an explanation why the transfer is 

2 in the national security interests of the 

3 United States; and 

4 (ii) in the case of a waiver of para5 graph (4) or (5) of subsection (b), an ex6 planation why it is not possible to certify 

7 that the risks addressed in the paragraph 

8 to be waived have been completely elimi9 nated. 

10 (C) A summary of the alternative actions 

11 to be taken to address the underlying purpose 

12 of, and to mitigate the risks addressed in, the 

13 paragraph or subsection to be waived. 

14 (e) DEFINITIONS.—In this section: 

15 (1) The term ‘‘individual detained at Guanta16 namo’’ means any individual located at United 

17 States Naval Station, Guantanamo Bay, Cuba, as of 

18 October 1, 2009, who— 

19 (A) is not a citizen of the United States or 

20 a member of the Armed Forces of the United 

21 States; and 

22 (B) is— 

23 (i) in the custody or under the control 

24 of the Department of Defense; or 


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1 (ii) otherwise under detention at 

2 United States Naval Station, Guantanamo 

3 Bay, Cuba. 

4 (2) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigra7 tion and Nationality Act (8 U.S.C. 1189). 

8 (f) REPEAL OF SUPERSEDED AUTHORITY.—Section 

9 1033 of the Ike Skelton National Defense Authorization 

10 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

11 4351) is repealed. 

12 SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

13 OR MODIFY FACILITIES IN THE UNITED 

14 STATES TO HOUSE DETAINEES TRANS15 FERRED FROM UNITED STATES NAVAL STA16 TION, GUANTANAMO BAY, CUBA. 

17 (a) IN GENERAL.—No amounts authorized to be ap18 propriated or otherwise made available to the Department 

19 of Defense may be used to construct or modify any facility 

20 in the United States, its territories, or possessions to 

21 house any individual detained at Guantanamo for the pur22 poses of detention or imprisonment in the custody or 

23 under the control of the Department of Defense unless 

24 authorized by Congress. 


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1 (b) EXCEPTION.—The prohibition in subsection (a) 

2 shall not apply to any modification of facilities at United 

3 States Naval Station, Guantanamo Bay, Cuba. 

4 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE5 FINED.—In this section, the term ‘‘individual detained at 

6 Guantanamo’’ has the meaning given that term in section 

7 1033(e)(1). 

8 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section 

9 1034 of the Ike Skelton National Defense Authorization 

10 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

11 4353) is amended by striking subsections (a) and (b). 

12 SEC. 1035. PROCEDURES FOR ANNUAL DETENTION REVIEW 

13 OF INDIVIDUALS DETAINED AT UNITED 

14 STATES NAVAL STATION, GUANTANAMO BAY, 

15 CUBA. 

16 (a) PROCEDURES REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the appropriate commit19 tees of Congress a report setting forth procedures for im20 plementing the periodic review process required by Execu21 tive Order No. 13567 for individuals detained at United 

22 States Naval Station, Guantanamo Bay, Cuba, pursuant 

23 to the Authorization for Use of Military Force (Public 

24 Law 107–40). 


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1 (b) COVERED MATTERS.—The procedures submitted 

2 under subsection (a) shall, at a minimum— 

3 (1) clarify that the purpose of the periodic re4 view process is not to determine the legality of any 

5 detainee’s law of war detention, but to make discre6 tionary determinations whether or not a detainee 

7 represents a continuing threat to the security of the 

8 United States; 

9 (2) clarify that the Secretary of Defense is re10 sponsible for any final decision to release or transfer 

11 an individual detained in military custody at United 

12 States Naval Station, Guantanamo Bay, Cuba, pur13 suant to the Executive Order referred to in sub14 section (a), and that in making such a final decision, 

15 the Secretary shall consider the recommendation of 

16 a periodic review board or review committee estab17 lished pursuant to such Executive Order, but shall 

18 not be bound by any such recommendation; and 

19 (3) ensure that appropriate consideration is 

20 given to factors addressing the need for continued 

21 detention of the detainee, including— 

22 (A) the likelihood the detainee will resume 

23 terrorist activity if transferred or released; 

24 (B) the likelihood the detainee will reestab25 lish ties with al-Qaeda, the Taliban, or associVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 ated forces that are engaged in hostilities 

2 against the United States or its coalition part3 ners if transferred or released; 

4 (C) the likelihood of family, tribal, or gov5 ernment rehabilitation or support for the de6 tainee if transferred or released; 

7 (D) the likelihood the detainee may be sub8 ject to trial by military commission; and 

9 (E) any law enforcement interest in the de10 tainee. 

11 (c) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committee on Armed Services and the 

15 Select Committee on Intelligence of the Senate; and 

16 (2) the Committee on Armed Services and the 

17 Permanent Select Committee on Intelligence of the 

18 House of Representatives. 

19 SEC. 1036. PROCEDURES FOR STATUS DETERMINATION OF 

20 UNPRIVILEGED ENEMY BELLIGERENTS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of the enactment of this Act, the Secretary of Defense 

23 shall submit to the appropriate committees of Congress 

24 a report setting forth the procedures for determining the 

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1 thorized by the Authorization for Use of Military Force 

2 (Public Law 107–40) for purposes of section 1031. 

3 (b) ELEMENTS OF PROCEDURES.—The procedures 

4 required by this section shall provide for the following in 

5 the case of any unprivileged enemy belligerent who will 

6 be held in long-term detention under the law of war pursu7 ant to the Authorization for Use of Military Force: 

8 (1) A military judge shall preside at pro9 ceedings for the determination of status of an 

10 unprivileged enemy belligerent. 

11 (2) An unprivileged enemy belligerent may, at 

12 the election of the belligerent, be represented by 

13 military counsel at proceedings for the determination 

14 of status of the belligerent. 

15 (c) REPORT ON MODIFICATION OF PROCEDURES.— 

16 The Secretary of Defense shall submit to the appropriate 

17 committees of Congress a report on any modification of 

18 the procedures submitted under this section. The report 

19 on any such modification shall be so submitted not later 

20 than 60 days before the date on which such modification 

21 goes into effect. 

22 (d) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘‘appropriate commit24 tees of Congress’’ means— 


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1 (1) the Committee on Armed Services and the 

2 Select Committee on Intelligence of the Senate; and 

3 (2) the Committee on Armed Services and the 

4 Permanent Select Committee on Intelligence of the 

5 House of Representatives. 

6 SEC. 1037. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN 

7 TRIAL OF CAPITAL OFFENSE BY MILITARY 

8 COMMISSION. 

9 (a) CLARIFICATION OF RIGHT.—Section 949m(b)(2) 

10 of title 10, United States Code, is amended— 

11 (1) in subparagraph (C), by inserting before the 

12 semicolon the following: ‘‘, or a guilty plea was ac13 cepted and not withdrawn prior to announcement of 

14 the sentence in accordance with section 949i(b) of 

15 this title’’; and 

16 (2) in subparagraph (D), by inserting ‘‘on the 

17 sentence’’ after ‘‘vote was taken’’. 

18 (b) PRE-TRIAL AGREEMENTS.—Section 949i of such 

19 title is amended by adding at the end the following new 

20 subsection: 

21 ‘‘(c) PRE-TRIAL AGREEMENTS.—(1) A plea of guilty 

22 made by the accused that is accepted by a military judge 

23 under subsection (b) and not withdrawn prior to an24 nouncement of the sentence may form the basis for an 

25 agreement reducing the maximum sentence approved by 


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1 the convening authority, including the reduction of a sen2 tence of death to a lesser punishment, or that the case 

3 will be referred to a military commission under this chap4 ter without seeking the penalty of death. Such an agree5 ment may provide for terms and conditions in addition to 

6 a guilty plea by the accused in order to be effective. 

7 ‘‘(2) A plea agreement under this subsection may not 

8 provide for a sentence of death imposed by a military 

9 judge alone. A sentence of death may only be imposed by 

10 the votes of all members of a military commission concur11 ring in the sentence of death as provided in section 

12 949m(b)(2)(D) of this title.’’. 

13 Subtitle E—Miscellaneous 

14 Authorities and Limitations 

15 SEC. 1041. MANAGEMENT OF DEPARTMENT OF DEFENSE IN16 STALLATIONS. 

17 (a) SECRETARY OF DEFENSE AUTHORITY.—Chapter 

18 159 of title 10, United States Code, is amended by insert19 ing after section 2671 the following new section: 

20 ‘‘§ 2672. Protection of property 

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

22 protect the buildings, grounds, and property that are 

23 under the jurisdiction, custody, or control of the Depart24 ment of Defense and the persons on that property. 

25 ‘‘(b) OFFICERS AND AGENTS.— 


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1 ‘‘(1) DESIGNATION.—(A) The Secretary may 

2 designate military or civilian personnel of the De3 partment of Defense as officers and agents to per4 form the functions of the Secretary under subsection 

5 (a), including, with regard to civilian officers and 

6 agents, duty in areas outside the property specified 

7 in that subsection to the extent necessary to protect 

8 that property and persons on that property. 

9 ‘‘(B) A designation under subparagraph (A) 

10 may be made by individual, by position, by installa11 tion, or by such other category of personnel as the 

12 Secretary determines appropriate. 

13 ‘‘(C) In making a designation under subpara14 graph (A) with respect to any category of personnel, 

15 the Secretary shall specify each of the following: 

16 ‘‘(i) The personnel or positions to be in17 cluded in the category. 

18 ‘‘(ii) Which authorities provided for in 

19 paragraph (2) may be exercised by personnel in 

20 that category. 

21 ‘‘(iii) In the case of civilian personnel in 

22 that category— 

23 ‘‘(I) which authorities provided for in 

24 paragraph (2), if any, are authorized to be 


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1 exercised outside the property specified in 

2 subsection (a); and 

3 ‘‘(II) with respect to the exercise of 

4 any such authorities outside the property 

5 specified in subsection (a), the cir6 cumstances under which coordination with 

7 law enforcement officials outside of the De8 partment of Defense should be sought in 

9 advance. 

10 ‘‘(D) The Secretary may make a designation 

11 under subparagraph (A) only if the Secretary deter12 mines, with respect to the category of personnel to 

13 be covered by that designation, that— 

14 ‘‘(i) the exercise of each specific authority 

15 provided for in paragraph (2) to be delegated to 

16 that category of personnel is necessary for the 

17 performance of the duties of the personnel in 

18 that category and such duties cannot be per19 formed as effectively without such authorities; 

20 and 

21 ‘‘(ii) the necessary and proper training for 

22 the authorities to be exercised is available to 

23 the personnel in that category. 

24 ‘‘(2) POWERS.—Subject to subsection (h) and 

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1 retary, while engaged in the performance of official 

2 duties pursuant to this section, an officer or agent 

3 designated under this subsection may— 

4 ‘‘(A) enforce Federal laws and regulations 

5 for the protection of persons and property; 

6 ‘‘(B) carry firearms; 

7 ‘‘(C) make arrests— 

8 ‘‘(i) without a warrant for any offense 

9 against the United States committed in the 

10 presence of the officer or agent; or 

11 ‘‘(ii) for any felony cognizable under 

12 the laws of the United States if the officer 

13 or agent has reasonable grounds to believe 

14 that the person to be arrested has com15 mitted or is committing a felony; 

16 ‘‘(D) serve warrants and subpoenas issued 

17 under the authority of the United States; and 

18 ‘‘(E) conduct investigations, on and off the 

19 property in question, of offenses that may have 

20 been committed against property under the ju21 risdiction, custody, or control of the Depart22 ment of Defense or persons on such property. 

23 ‘‘(c) REGULATIONS.— 

24 ‘‘(1) IN GENERAL.—The Secretary may pre25 scribe regulations, including traffic regulations, necVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 essary for the protection and administration of prop2 erty under the jurisdiction, custody, or control of the 

3 Department of Defense and persons on that prop4 erty. The regulations may include reasonable pen5 alties, within the limits prescribed in paragraph (2), 

6 for violations of the regulations. The regulations 

7 shall be posted and remain posted in a conspicuous 

8 place on the property to which they apply. 

9 ‘‘(2) PENALTIES.—A person violating a regula10 tion prescribed under this subsection shall be fined 

11 under title 18, imprisoned for not more than 30 

12 days, or both. 

13 ‘‘(d) LIMITATION ON DELEGATION OF AUTHORITY.— 

14 The authority of the Secretary of Defense under sub15 sections (b) and (c) may be exercised only by the Secretary 

16 or Deputy Secretary of Defense. 

17 ‘‘(e) DISPOSITION OF PERSONS ARRESTED.—A per18 son who is arrested pursuant to authority exercised under 

19 subsection (b) may not be held in a military confinement 

20 facility, other than in the case of a person who is subject 

21 to chapter 47 of this title (the Uniform Code of Military 

22 Justice). 

23 ‘‘(f) FACILITIES AND SERVICES OF OTHER AGEN24 CIES.—In implementing this section, when the Secretary 

25 determines it to be economical and in the public interest, 


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1 the Secretary may utilize the facilities and services of Fed2 eral, State, tribal, and local law enforcement agencies, 

3 with the consent of those agencies, and may reimburse 

4 those agencies for the use of their facilities and services. 

5 ‘‘(g) AUTHORITY OUTSIDE FEDERAL PROPERTY.— 

6 For the protection of property under the jurisdiction, cus7 tody, or control of the Department of Defense and persons 

8 on that property, the Secretary may enter into agreements 

9 with Federal agencies and with State, tribal, and local 

10 governments to obtain authority for civilian officers and 

11 agents designated under this section to enforce Federal 

12 laws and State, tribal, and local laws concurrently with 

13 other Federal law enforcement officers and with State, 

14 tribal, and local law enforcement officers. 

15 ‘‘(h) ATTORNEY GENERAL APPROVAL.—The powers 

16 granted pursuant to subsection (b)(2) to officers and 

17 agents designated under subsection (b)(1) shall be exer18 cised in accordance with guidelines approved by the Attor19 ney General. 

20 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.— 

21 Nothing in this section shall be construed— 

22 ‘‘(1) to preclude or limit the authority of any 

23 Federal law enforcement agency; 

24 ‘‘(2) to restrict the authority of the Secretary of 

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1 eral Services to promulgate regulations affecting 

2 property under the custody and control of that Sec3 retary or the Administrator, respectively; 

4 ‘‘(3) to expand or limit section 21 of the Inter5 nal Security Act of 1950 (50 U.S.C. 797); 

6 ‘‘(4) to affect chapter 47 of this title; or 

7 ‘‘(5) to restrict any other authority of the Sec8 retary of Defense or the Secretary of a military de9 partment.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such chapter is amended by inserting 

12 after the item relating to section 2671 the following new 

13 item: 

‘‘2672. Protection of property.’’. 

14 SEC. 1042. AMENDMENTS RELATING TO THE MILITARY 

15 COMMISSIONS ACT OF 2009. 

16 (a) REFERENCE TO HOW CHARGES ARE MADE.— 

17 Section 949a(b)(2)(C) of title 10, United States Code, is 

18 amended by striking ‘‘preferred’’ in clauses (i) and (ii) and 

19 inserting ‘‘sworn’’. 

20 (b) JUDGES OF UNITED STATES COURT OF MILI21 TARY COMMISSION REVIEW.—Section 949b(b) of such 

22 title is amended— 

23 (1) in paragraph (1)(A), by striking ‘‘a military 

24 appellate judge or other duly appointed judge under 

25 this chapter on’’ and inserting ‘‘a judge on’’; 


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1 (2) in paragraph (2), by striking ‘‘a military 

2 appellate judge on’’ and inserting ‘‘a judge on’’; and 

3 (3) in paragraph (3)(B), by striking ‘‘an appel4 late military judge or a duly appointed appellate 

5 judge on’’ and inserting ‘‘a judge on’’. 

6 (c) PANELS OF UNITED STATES COURT OF MILI7 TARY COMMISSION REVIEW.—Section 950f(a) of such title 

8 is amended by striking ‘‘appellate military judges’’ in the 

9 second sentence and inserting ‘‘judges on the Court’’. 

10 (d) REVIEW OF FINAL JUDGMENTS BY UNITED

11 STATES COURT OF APPEALS FOR THE D.C. CIRCUIT.— 

12 (1) CLARIFICATION OF MATTER SUBJECT TO

13 REVIEW.—Subsection (a) of section 950g of such 

14 title is amended by inserting ‘‘as affirmed or set 

15 aside as incorrect in law by’’ after ‘‘where applica16 ble,’’. 

17 (2) CLARIFICATION ON TIME FOR SEEKING RE18 VIEW.—Subsection (c) of such section is amended— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘by the accused’’ and all that fol21 lows through ‘‘which—’’ and inserting ‘‘in the 

22 Court of Appeals—’’; 

23 (B) in paragraph (1)— 


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1 (i) by inserting ‘‘not later than 20 

2 days after the date on which’’ after ‘‘(1)’’; 

3 and 

4 (ii) by striking ‘‘on the accused or on 

5 defense counsel’’ and inserting ‘‘on the 

6 parties’’; and 

7 (C) in paragraph (2)— 

8 (i) by inserting ‘‘if’’ after ‘‘(2)’’; and 

9 (ii) by inserting before the period the 

10 following: ‘‘, not later than 20 days after 

11 the date on which such notice is sub12 mitted’’. 

13 SEC. 1043. DEPARTMENT OF DEFENSE AUTHORITY TO 

14 CARRY OUT PERSONNEL RECOVERY RE15 INTEGRATION AND POST-ISOLATION SUP16 PORT ACTIVITIES. 

17 (a) IN GENERAL.—Chapter 53 of title 10, United 

18 States Code, is amended by inserting after section 1056 

19 the following new section: 

20 ‘‘§ 1056a. Reintegration of recovered Department of 

21 Defense personnel; post-isolation support 

22 activities for other recovered personnel 

23 ‘‘(a) REINTEGRATION AND SUPPORT AUTHORIZED.— 

24 The Secretary of Defense may carry out the following: 


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1 ‘‘(1) Reintegration activities for recovered per2 sons who are Department of Defense personnel. 

3 ‘‘(2) Post-isolation support activities for or on 

4 behalf of other recovered persons who are officers or 

5 employees of the United States Government, military 

6 or civilian officers or employees of an allied or coali7 tion partner of the United States, or other United 

8 States or foreign nationals. 

9 ‘‘(b) ACTIVITIES AUTHORIZED.—(1) The activities 

10 authorized by subsection (a) for or on behalf of a recov11 ered person may include the following: 

12 ‘‘(A) The provision of food, clothing, necessary 

13 medical support, and essential sundry items for the 

14 recovered person. 

15 ‘‘(B) In accordance with regulations prescribed 

16 by the Secretary of Defense, travel and transpor17 tation allowances for not more than three family 

18 members, or other designated individuals, deter19 mined by the commander or head of a military med20 ical treatment facility to be beneficial for the re21 integration of the recovered person and whose pres22 ence may contribute to improving the physical and 

23 mental health of the recovered person. 

24 ‘‘(C) Transportation or reimbursement for 

25 transportation in connection with the attendance of 


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1 the recovered person at events or functions deter2 mined by the commander or head of a military med3 ical treatment facility to contribute to the physical 

4 and mental health of the recovered person. 

5 ‘‘(2) Medical support may be provided under para6 graph (1)(A) to a recovered person who is not a member 

7 of the armed forces for not more than 20 days. 

8 ‘‘(c) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘post-isolation support’, in the 

10 case of a recovered person, means— 

11 ‘‘(A) the debriefing of the recovered person 

12 following a separation as described in para13 graph (2); 

14 ‘‘(B) activities to promote or support the 

15 physical and mental health of the recovered per16 son following such a separation; and 

17 ‘‘(C) other activities to facilitate return of 

18 the recovered person to military or civilian life 

19 as expeditiously as possible following such a 

20 separation. 

21 ‘‘(2) The term ‘recovered person’ means an in22 dividual who is returned alive from separation 

23 (whether as an individual or a group) while partici24 pating in or in association with a United States25 sponsored military activity or mission in which the 


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1 individual was detained in isolation or held in cap2 tivity by a hostile entity. 

3 ‘‘(3) The term ‘reintegration’, in the case of a 

4 recovered person, means— 

5 ‘‘(A) the debriefing of the recovered person 

6 following a separation as described in para7 graph (2); 

8 ‘‘(B) activities to promote or support for 

9 the physical and mental health of the recovered 

10 person following such a separation; and 

11 ‘‘(C) other activities to facilitate return of 

12 the recovered person to military duty or em13 ployment with the Department of Defense as 

14 expeditiously as possible following such a sepa15 ration.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 53 of such title is amended 

18 by inserting after the item relating to section 1056 the 

19 following new item: 

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

20 SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMA21 TION ACT OF CERTAIN SENSITIVE NATIONAL 

22 SECURITY INFORMATION. 

23 (a) CRITICAL INFRASTRUCTURE INFORMATION.— 

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1 fense critical infrastructure information from disclosure 

2 under section 552 of title 5, United States Code, upon 

3 a written determination that the disclosure of such infor4 mation would reveal vulnerabilities in such infrastructure 

5 that, if exploited, could result in the disruption, degrada6 tion, or destruction of Department of Defense operations, 

7 property, or facilities. Critical infrastructure information 

8 covered by a written determination under this subsection 

9 that is provided to a State or local government to assist 

10 first responders in the event that emergency assistance 

11 should be required shall be deemed to remain under the 

12 control of the Department of Defense. 

13 (b) MILITARY FLIGHT OPERATIONS QUALITY ASSUR14 ANCE SYSTEM.—The Secretary of Defense may exempt in15 formation contained in any data file of the Military Flight 

16 Operations Quality Assurance system of a military depart17 ment from disclosure under section 552 of title 5, United 

18 States Code, upon a written determination that the disclo19 sure of such information in the aggregate (or when com20 bined with other information already in the public domain 

21 or subject to public release pursuant to such section 552) 

22 would reveal sensitive information regarding the tactics, 

23 techniques, procedures, processes, or operational and 

24 maintenance capabilities of military combat aircraft, units, 

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1 tion under this subsection shall be exempt from disclosure 

2 under such section 552 even when such information is con3 tained in a data file that is not exempt in its entirety from 

4 such disclosure. 

5 (c) DELEGATION.—The Secretary of Defense may 

6 delegate the authority to make a determination under sub7 section (a) or (b) to any civilian official in the Department 

8 of Defense or a military department who is appointed by 

9 the President, by and with the advice and consent of the 

10 Senate. 

11 (d) TRANSPARENCY REQUIREMENT.—Each deter12 mination under subsection (a) or (b) shall be made in writ13 ing and accompanied by a statement of the basis for the 

14 determination. All such determinations and statements of 

15 basis shall be available to the public, upon request, 

16 through the office of the Assistant Secretary of Defense 

17 for Public Affairs. 

18 (e) DEFINITIONS.—In this section: 

19 (1) The term ‘‘Department of Defense critical 

20 infrastructure information’’ means sensitive but un21 classified information related to critical infrastruc22 ture or protected systems owned or operated by or 

23 on behalf of the Department of Defense, including 

24 vulnerability assessments prepared by or on behalf 

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1 cluding storage and handling), and other site-specific 

2 information on or relating to installation security. 

3 (2) The term ‘‘data file’’ means a file of the 

4 Military Flight Operations Quality Assurance system 

5 that contains information acquired or generated by 

6 the Military Flight Operations Quality Assurance 

7 system, including the following: 

8 (A) Any data base containing raw Military 

9 Flight Operations Quality Assurance data. 

10 (B) Any analysis or report generated by 

11 the Military Flight Operations Quality Assur12 ance system or which is derived from Military 

13 Flight Operations Quality Assurance data. 

14 SEC. 1045. CLARIFICATION OF AIRLIFT SERVICE DEFINI15 TIONS RELATING TO THE CIVIL RESERVE AIR 

16 FLEET. 

17 (a) CLARIFICATION.—Section 41106 of title 49, 

18 United States Code, is amended— 

19 (1) by striking ‘‘transport category aircraft’’ in 

20 subsections (a)(1), (b), and (c) and inserting 

21 ‘‘CRAF-eligible aircraft’’; and 

22 (2) in subsection (c), by striking ‘‘that has air23 craft in the civil reserve air fleet’’ and inserting ‘‘re24 ferred to in subsection (a)’’. 


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1 (b) CRAF-ELIGIBLE AIRCRAFT DEFINED.—Such 

2 section is further amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this 

5 section, the term ‘CRAF-eligible aircraft’ means aircraft 

6 of a type the Secretary of Defense has determined to be 

7 eligible to participate in the Civil Reserve Air Fleet.’’. 

8 SEC. 1046. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EM9 PLOYEES OF THE DEPARTMENT OF DEFENSE 

10 AS ADVISORS TO FOREIGN MINISTRIES OF 

11 DEFENSE AND INTERNATIONAL PEACE AND 

12 SECURITY ORGANIZATIONS. 

13 (a) AUTHORITY.—The Secretary of Defense may, 

14 with the concurrence of the Secretary of State, carry out 

15 a program to assign civilian employees of the Department 

16 of Defense as advisors to the ministries of defense (or se17 curity agencies serving a similar defense function) of for18 eign countries and international peace and security organi19 zations in order to— 

20 (1) provide institutional, ministerial-level advice, 

21 and other training to personnel of the ministry or 

22 organization to which assigned in support of sta23 bilization or post-conflict activities; or 


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1 (2) assist such ministry or organization in 

2 building core institutional capacity, competencies, 

3 and capabilities to manage defense-related processes. 

4 (b) TERMINATION OF AUTHORITY.— 

5 (1) IN GENERAL.—The authority of the Sec6 retary of Defense to assign civilian employees under 

7 the program under subsection (a) terminates at the 

8 close of September 30, 2014. 

9 (2) CONTINUATION OF ASSIGNMENTS.—Any as10 signment of a civilian employee under subsection (a) 

11 before the date specified in paragraph (1) may con12 tinue after that date, but only using funds available 

13 for fiscal year 2012, 2013, or 2014. 

14 (c) ANNUAL REPORT.—Not later than December 30 

15 each year through 2014, the Secretary of Defense shall 

16 submit to the Committee on Armed Services of the Senate 

17 and the Committee on Armed Services of the House of 

18 Representatives a report on activities under the program 

19 under subsection (a) during the preceding fiscal year. 

20 Each report shall include, for the fiscal year covered by 

21 such report, the following: 

22 (1) A list of the defense ministries and inter23 national peace and security organizations to which 

24 civilian employees were assigned under the program. 


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1 (2) A statement of the number of such employ2 ees so assigned. 

3 (3) A statement of the duration of the various 

4 assignments of such employees. 

5 (4) A brief description of the activities carried 

6 out such by such employees pursuant to such assign7 ments. 

8 (5) A statement of the cost of each such assign9 ment. 

10 (d) COMPTROLLER GENERAL REPORT.—Not later 

11 than December 30, 2013, the Comptroller General of the 

12 United States shall submit to the committees of Congress 

13 specified in subsection (c) a report setting forth an assess14 ment of the effectiveness of the advisory services provided 

15 by civilian employees assigned under the program under 

16 subsection (a) as of the date of the report in meeting the 

17 purposes of the program. 

18 SEC. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS 

19 REQUIRED WITH RESPECT TO CERTAIN PRO20 POSALS TO REDUCE THE NUCLEAR WEAPONS 

21 STOCKPILE OF THE UNITED STATES. 

22 (a) IN GENERAL.—If, on or after the date of the en23 actment of this Act, the President makes a proposal de24 scribed in subsection (b), the President shall— 


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1 (1) conduct a net assessment of the current and 

2 proposed nuclear forces of the United States and of 

3 other countries that possess nuclear weapons to de4 termine whether the nuclear forces of the United 

5 States are anticipated to be capable of meeting the 

6 objectives of the United States with respect to nu7 clear deterrence, extended deterrence, assurance of 

8 allies, and defense; and 

9 (2) as soon as practicable after the date on 

10 which the President makes such a proposal, submit 

11 that assessment to the congressional defense com12 mittees. 

13 (b) PROPOSAL DESCRIBED.— 

14 (1) IN GENERAL.—A proposal described in this 

15 subsection is a proposal— 

16 (A) to reduce the number of deployed nu17 clear weapons of the United States to a level 

18 that is lower than the level described in the 

19 Treaty between the United States of America 

20 and the Russian Federation on Measures for 

21 the Further Reduction and Limitation of Stra22 tegic Offensive Arms, signed at Prague April 8, 

23 2010; or 

24 (B) except as provided in paragraph (2), to 

25 reduce, in a calendar year before 2022, the 


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1 number of non-deployed nuclear weapons held 

2 by the United States as a hedge. 

3 (2) EXCEPTION FOR ROUTINE STOCKPILE

4 STEWARDSHIP ACTIVITIES.—The requirement to 

5 conduct the net assessment under subsection (a) 

6 does not apply with respect to a proposal described 

7 in paragraph (1)(B) to reduce the number of non8 deployed nuclear weapons held by the United States 

9 if that reduction is associated with routine stockpile 

10 stewardship activities. 

11 (3) HEDGE DEFINED.—For purposes of para12 graph (1)(B), the term ‘‘hedge’’ means the retention 

13 of non-deployed nuclear weapons in both the active 

14 and inactive nuclear weapons stockpiles to respond 

15 to a technical failure in the stockpile or a change in 

16 the geopolitical environment. 

17 SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION AND RE18 PORT ON THE TROOPS-TO-TEACHERS PRO19 GRAM. 

20 (a) FISCAL YEAR 2012 ADMINISTRATION.—Notwith21 standing section 2302(c) of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 6672(c)), the 

23 Secretary of Defense may administer the Troops-to24 Teachers Program during fiscal year 2012. Amounts au25 thorized to be appropriated for the Department of Defense 


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1 by this Act shall be available to the Secretary of Defense 

2 for that purpose. 

3 (b) REPORT.—Not later than April 1, 2012, the Sec4 retary of Defense and the Secretary of Education shall 

5 jointly submit to the appropriate committees of Congress 

6 a report on the Troops-to-Teachers Program. The report 

7 shall include the following: 

8 (1) A summary of the funding of the Troops9 to-Teachers Program since its inception and pro10 jected funding of the program during the period cov11 ered by the future-years defense program submitted 

12 to Congress during 2011. 

13 (2) The number of past participants in the 

14 Troops-to-Teachers Program by year, the number of 

15 past participants who have fulfilled, and have not 

16 fulfilled, their service obligation under the program, 

17 and the number of waivers of such obligations (and 

18 the reasons for such waivers). 

19 (3) A discussion and assessment of the current 

20 and anticipated effects of recent economic cir21 cumstances in the United States, and cuts nation22 wide in State and local budgets, on the ability of 

23 participants in the Troops-to-Teachers Program to 

24 obtain teaching positions. 


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1 (4) A discussion of the youth education goals in 

2 the Troops-to-Teachers Program and the record of 

3 the program to date in producing teachers in high4 need and other eligible schools. 

5 (5) An assessment of the extent to which the 

6 Troops-to-Teachers Program achieves its purpose as 

7 a military transition assistance program and, in par8 ticular, as transition assistance program for mem9 bers of the Armed Forces who are nearing retire10 ment or who are voluntarily or involuntarily sepa11 rating from military service. 

12 (6) An assessment of the performance of the 

13 Troops-to-Teachers Program in providing qualified 

14 teachers to high-need public schools, and reasons for 

15 expanding the program to additional school districts. 

16 (7) A discussion and assessment of the advis17 ability of the administration of the Troops-to-Teach18 ers Program by the Department of Education in 

19 consultation with the Department of Defense. 

20 (c) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE COMMITTEES OF CON22 GRESS.—The term ‘‘appropriate committees of Con23 gress’’ means— 


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1 (A) the Committees on Armed Services 

2 and Health, Education, Labor, and Pensions of 

3 the Senate; and 

4 (B) the Committees on Armed Services 

5 and Education and Labor of the House of Rep6 resentatives. 

7 (2) TROOPS-TO-TEACHERS PROGRAM.—The 

8 term ‘‘Troops-to-Teachers Program’’ means the 

9 Troops-to-Teachers Program authorized by chapter 

10 A of subpart 1 of part C of title II of the Elemen11 tary and Secondary Education Act of 1965 (20 

12 U.S.C. 6671 et seq.). 

13 Subtitle F—Repeal and Modifica14 tion of Reporting Requirements 

15 PART I—REPEAL OF REPORTING REQUIREMENTS 

16 SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER 

17 TITLE 10, UNITED STATES CODE. 

18 Title 10, United States Code, is amended as follows: 

19 (1) Section 127a(a) is amended— 

20 (A) by striking paragraph (3); and 

21 (B) by redesignating paragraph (4) as 

22 paragraph (3). 

23 (2) Section 184 is amended by striking sub24 section (h). 

25 (3)(A) Section 427 is repealed. 


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1 (B) The table of sections at the beginning of 

2 subchapter I of chapter 21 is amended by striking 

3 the item relating to section 427. 

4 (4) Section 437 is amended by striking sub5 section (c). 

6 (5)(A) Section 483 is repealed. 

7 (B) The table of sections at the beginning of 

8 chapter 23 is amended by striking the item relating 

9 to section 483. 

10 (6)(A) Section 484 is repealed. 

11 (B) The table of sections at the beginning of 

12 chapter 23 is amended by striking the item relating 

13 to section 484. 

14 (7)(A) Section 485 is repealed. 

15 (B) The table of sections at the beginning of 

16 chapter 23 is amended by striking the item relating 

17 to section 485. 

18 (8)(A) Section 486 is repealed. 

19 (B) The table of sections at the beginning of 

20 chapter 23 is amended by striking the item relating 

21 to section 486. 

22 (9)(A) Section 487 is repealed. 

23 (B) The table of sections at the beginning of 

24 chapter 23 is amended by striking the item relating 

25 to section 487. 


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1 (10) Section 983(e)(1) is amended— 

2 (A) by striking the comma after ‘‘Sec3 retary of Education’’ and inserting ‘‘and’’; and 

4 (B) by striking ‘‘, and to Congress’’. 

5 (11) Section 1781b is amended by striking sub6 section (d). 

7 (12) Section 2010 is amended— 

8 (A) by striking subsection (b); and 

9 (B) by redesignating subsections (c), (d), 

10 and (e) as subsections (b), (c), and (d), respec11 tively. 

12 (13) Section 2244a(c) is amended by striking 

13 the second sentence. 

14 (14)(A) Section 2282 is repealed. 

15 (B) The table of sections at the beginning of 

16 chapter 136 is amended by striking the item relating 

17 to section 2282. 

18 (15) Section 2350a(g) is amended by striking 

19 paragraph (3). 

20 (16) Section 2410m is amended by striking 

21 subsection (c). 

22 (17) Section 2485(a) is amended— 

23 (A) by striking ‘‘(1)’’; and 

24 (B) by striking paragraph (2). 


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1 (18) Section 2493 is amended by striking sub2 section (g). 

3 (19) Section 2515 is amended by striking sub4 section (d). 

5 (20)(A) Section 2582 is repealed. 

6 (B) the table of sections at the beginning of 

7 chapter 153 is amended by striking the item relating 

8 to section 2582. 

9 (21) Section 2583 is amended— 

10 (A) by striking subsection (f); and 

11 (B) by redesignating subsection (g) as sub12 section (f). 

13 (22) Section 2688 is amended— 

14 (A) in subsection (a)— 

15 (i) by striking ‘‘(1)’’ before ‘‘The Sec16 retary of a military department’’; and 

17 (ii) by striking paragraphs (2) and 

18 (3); 

19 (B) in subsection (d)(2), by striking the 

20 second sentence; 

21 (C) by striking subsection (f); and 

22 (D) in subsection (h), by striking the last 

23 sentence. 

24 (23)(A) Section 2706 is repealed. 


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1 (B) The table of sections at the beginning of 

2 chapter 160 is amended by striking the item relating 

3 to section 2706. 

4 (24)(A) Section 2815 is repealed. 

5 (B) The table of sections at the beginning of 

6 subchapter I of chapter 169 is amended by striking 

7 the item relating to section 2815. 

8 (25) Section 2825(c)(1) is amended— 

9 (A) by inserting ‘‘and’’ at the end of sub10 paragraph (A); 

11 (B) by striking the semicolon at the end of 

12 subparagraph (B) and inserting a period; and 

13 (C) by striking subparagraphs (C) and 

14 (D). 

15 (26) Section 2826 is amended— 

16 (A) by striking ‘‘(a) LOCAL COM17 PARABILITY.—’’; and 

18 (B) by striking subsection (b). 

19 (27) Section 2827 is amended— 

20 (A) by striking ‘‘(a) Subject to subsection 

21 (b), the Secretary’’ and inserting ‘‘The Sec22 retary’’; and 

23 (B) by striking subsection (b). 

24 (28) Section 2836 is amended— 

25 (A) in subsection (b)— 


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1 (i) by striking ‘‘(1)’’ before ‘‘The Sec2 retary of a military department’’; and 

3 (ii) by striking paragraph (2); 

4 (B) by striking subsection (f); and 

5 (C) by redesignating subsection (g) as sub6 section (f). 

7 (29) Section 2837(c) is amended— 

8 (A) by striking ‘‘(1)’’ after ‘‘OPPORTUNI9 TIES.—’’; and 

10 (B) by striking paragraph (2). 

11 (30) Section 2854a is amended by striking sub12 section (c). 

13 (31) Section 2861 is amended by striking sub14 section (d). 

15 (32)(A) Section 7296 is repealed. 

16 (B) The table of sections at the beginning of 

17 chapter 633 is amended by striking the item relating 

18 to section 7296. 

19 (33)(A) Section 10504 is repealed. 

20 (B) The table of sections at the beginning of 

21 chapter 1011 is amended by striking the item relat22 ing to section 10504. 

23 (34) Section 12302(b) is amended by striking 

24 the last sentence. 

25 (35)(A) Section 16137 is repealed. 


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1 (B) The table of sections at the beginning of 

2 chapter 1606 is amended by striking the item relat3 ing to section 16137. 

4 SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER 

5 ANNUAL DEFENSE AUTHORIZATION ACTS. 

6 (a) FISCAL YEAR 2010.—The National Defense Au7 thorization Act for Fiscal Year 2010 (Public Law 111– 

8 84) is amended as follows: 

9 (1) Section 219 (123 Stat. 2228) is amended 

10 by striking subsection (c). 

11 (2) Section 1113(e)(1) (123 Stat. 2502) is 

12 amended by striking ‘‘, which information shall be’’ 

13 and all that follows through ‘‘semiannual basis’’. 

14 (3) Section 1245 (123 Stat. 2542) is repealed. 

15 (b) FISCAL YEAR 2009.—Section 1504 of The Dun16 can Hunter National Defense Authorization Act for Fiscal 

17 Year 2009 (10 U.S.C. 2358 note) is amended by striking 

18 subsection (c). 

19 (c) FISCAL YEAR 2008.—The National Defense Au20 thorization Act for Fiscal Year 2008 (Public Law 110– 

21 181) is amended as follows: 

22 (1) Section 885 (10 U.S.C. 2304 note) is 

23 amended— 

24 (A) in subsection (a), by striking the last 

25 sentence of paragraph (2); and 


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1 (B) in subsection (b), by striking ‘‘the date 

2 of the enactment of this Act’’ both places it ap3 pears and inserting ‘‘January 28, 2008’’. 

4 (2) Section 2864 (10 U.S.C. 2911 note) is re5 pealed. 

6 (d) FISCAL YEAR 2007.—The John Warner National 

7 Defense Authorization Act for Fiscal Year 2007 (Public 

8 Law 109–364) is amended as follows: 

9 (1) Section 347 (10 U.S.C. 221 note) is re10 pealed. 

11 (2) Section 731 (10 U.S.C. 1095c note) is 

12 amended— 

13 (A) by striking subsection (d); and 

14 (B) by redesignating subsection (e) as sub15 section (d). 

16 (3) Section 732 (10 U.S.C. 1073 note) is 

17 amended by striking subsection (d). 

18 (4) Section 1231 (22 U.S.C. 2776a) is repealed. 

19 (5) Section 1402 (10 U.S.C. 113 note) is re20 pealed 

21 (e) FISCAL YEAR 2006.—Section 716 of the National 

22 Defense Authorization Act for Fiscal Year 2006 (10 

23 U.S.C. 1073 note) is amended— 

24 (1) by striking subsection (b); and 


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1 (2) by redesignating subsection (c) as sub2 section (b). 

3 (f) FISCAL YEAR 2005.—The Ronald W. Reagan Na4 tional Defense Authorization Act for Fiscal Year 2005 

5 (Public Law 108–375) is amended as follows: 

6 (1) Section 731 (10 U.S.C. 1074 note) is 

7 amended by striking subsection (c). 

8 (2) Section 1041 (10 U.S.C. 229 note) is re9 pealed. 

10 (g) FISCAL YEAR 2004.—The National Defense Au11 thorization Act for Fiscal Year 2004 (Public Law 108– 

12 136) is amended as follows: 

13 (1) Section 586 (117 Stat. 1493) is repealed. 

14 (2) Section 812 (117 Stat. 1542) is amended 

15 by striking subsection (c). 

16 (3) Section 1601(d) (10 U.S.C. 2358 note) is 

17 amended— 

18 (A) by striking paragraph (5); and 

19 (B) by redesignating paragraphs (6) and 

20 (7) as paragraphs (5) and (6), respectively. 

21 (h) FISCAL YEAR 2003.—Section 221 of the Bob 

22 Stump National Defense Authorization Act for Fiscal 

23 Year 2003 (10 U.S.C. 2431 note) is repealed. 

24 (i) FISCAL YEAR 2002.—Section 232 of the National 

25 Defense Authorization Act for Fiscal Year 2002 (10 


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1 U.S.C. 2431 note) is amended by striking subsections (c) 

2 and (d). 

3 (j) FISCAL YEAR 2001.—The Floyd D. Spence Na4 tional Defense Authorization Act for Fiscal Year 2001 (as 

5 enacted into law by Public Law 106–398) is amended as 

6 follows: 

7 (1) Section 374 (10 U.S.C. 2851 note) is re8 pealed. 

9 (2) Section 1212 (114 Stat. 1654A–326) is 

10 amended by striking subsections (c) and (d). 

11 (3) Section 1213 (114 Stat. 1654A–327) is re12 pealed. 

13 (k) FISCAL YEAR 2000.—The National Defense Au14 thorization Act for Fiscal Year 2000 (Public Law 106– 

15 65) is amended as follows: 

16 (1) Section 723 (10 U.S.C. 1071 note) is 

17 amended— 

18 (A) in subsection (d)— 

19 (i) by striking paragraph (5); and 

20 (ii) by redesignating paragraphs (6) 

21 and (7) as paragraphs (5) and (6), respec22 tively; and 

23 (B) by striking subsection (e). 

24 (2) Section 1025 (10 U.S.C. 113 note) is re25 pealed. 


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1 (3) Section 1035 (113 Stat. 753), as amended 

2 by section 1211 of the Floyd D. Spence National 

3 Defense Authorization Act for Fiscal Year 2001 (as 

4 enacted into law by Public Law 106–398; 114 Stat. 

5 1654A–325), is repealed. 

6 (l) FISCAL YEAR 1999.—Section 1101 of the Strom 

7 Thurmond National Defense Authorization Act for Fiscal 

8 Year 1999 (5 U.S.C. 3104 note) is amended by striking 

9 subsection (g). 

10 (m) FISCAL YEAR 1998.—The National Defense Au11 thorization Act for Fiscal Year 1998 (Public Law 105– 

12 85) is amended as follows: 

13 (1) Section 234 (50 U.S.C. 2367) is repealed. 

14 (2) Section 349 (10 U.S.C. 2702 note) is 

15 amended by striking subsection (e). 

16 (3) Section 743 (111 Stat. 1817) is amended 

17 by striking subsection (f). 

18 (n) FISCAL YEAR 1997.—Section 218 of the National 

19 Defense Authorization Act for Fiscal Year 1997 (Public 

20 Law 104–201; 110 Stat. 2455) is repealed. 

21 (o) FISCAL YEARS 1992 AND 1993.—Section 2868 

22 of the National Defense Authorization Act for Fiscal 

23 Years 1992 and 1993 (10 U.S.C. 2802 note) is repealed. 


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1 (p) FISCAL YEAR 1991.—Section 831 of the National 

2 Defense Authorization Act for Fiscal Year 1991 (10 

3 U.S.C. 2302 note) is amended— 

4 (1) by striking subsection (l); and 

5 (2) by redesignating subsection (m) as sub6 section (1). 

7 SEC. 1063. REPEAL OF REPORTING REQUIREMENTS UNDER 

8 OTHER LAWS. 

9 (a) TITLE 37.—Section 402a of title 37, United 

10 States Code, is amended— 

11 (1) by striking subsection (f); and 

12 (2) by redesignating subsections (g) and (h) as 

13 subsections (f) and (g), respectively. 

14 (b) TITLE 38.—Section 3020 of title 38, United 

15 States Code, is amended— 

16 (1) by striking subsection (l); and 

17 (2) by redesignating subsection (m) as sub18 section (1). 

19 (c) NATIONAL AND COMMUNITY SERVICE ACT OF

20 1990.—Section 172 of the National and Community Serv21 ice Act of 1990 (42 U.S.C. 12632) is amended by striking 

22 subsection (c). 


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1 PART II—MODIFICATION OF EXISTING 

2 REPORTING REQUIREMENTS 

3 SEC. 1066. MODIFICATION OF REPORTING REQUIREMENTS 

4 UNDER TITLE 10, UNITED STATES CODE. 

5 Title 10, United States Code, is amended as follows: 

6 (1) Section 113(j) is amended— 

7 (A) in paragraph (1)— 

8 (i) by striking subparagraphs (A) and 

9 (C); 

10 (ii) by redesignating subparagraph 

11 (B) as subparagraph (A); and 

12 (iii) by inserting after subparagraph 

13 (A), as redesignated by clause (ii), the fol14 lowing new subparagraph (B): 

15 ‘‘(B) The amount of direct and indirect support 

16 for the stationing of United States forces provided 

17 by each host nation.’’; 

18 (B) by striking paragraph (2); and 

19 (C) by redesignating paragraph (3) as 

20 paragraph (2). 

21 (2)(A) Section 115b is amended— 

22 (i) in subsection (a)— 

23 (I) in the subsection caption, by strik24 ing ‘‘ANNUAL’’and inserting ‘‘BIENNIAL’’; 

25 and 


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1 (II) by striking ‘‘on an annual basis’’ 

2 and inserting ‘‘in every even-numbered 

3 year’’; and 

4 (ii) in subsection (b)(1)(A), by striking 

5 ‘‘during the seven-year period following the year 

6 in which the plan is submitted’’ and inserting 

7 ‘‘during the five-year period corresponding to 

8 the current future-years defense plan under sec9 tion 221 of this title’’. 

10 (B)(i) The heading of such section is amended 

11 to read as follows: 

12 ‘‘§ 115b. Biennial strategic workforce plan’’. 

13 (ii) The table of sections at the beginning of 

14 chapter 2 is amended by striking the item relating 

15 to section 115b and inserting the following new 

16 item: 

‘‘115b. Biennial strategic workforce plan.’’. 

17 (3) Section 116 is amended— 

18 (A) by redesignating subsection (b) as sub19 section (c); and 

20 (B) by inserting after subsection (a) the 

21 following new subsection (b): 

22 ‘‘(b) The Secretary may submit the report required 

23 by subsection (a) by including the materials required in 

24 the report as an exhibit to the defense authorization reVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 quest submitted pursuant to section 113a of this title in 

2 the fiscal year concerned.’’. 

3 (4) Section 127b(f) is amended by striking 

4 ‘‘December 1’’ and inserting ‘‘February 1’’. 

5 (5) Section 138c(e)(4) is amended— 

6 (A) by striking ‘‘Not later than 10 days’’ 

7 and all that follows through ‘‘title 31,’’ and in8 serting ‘‘Not later than March 31 in any year,’’; 

9 and 

10 (B) by striking ‘‘that fiscal year’’ and in11 serting ‘‘the fiscal year beginning in the year in 

12 which such report is submitted’’. 

13 (6)(A) Section 228 is amended— 

14 (i) in subsection (a)— 

15 (I) by striking ‘‘QUARTERLY RE16 PORT.—’’ and inserting ‘‘BIANNUAL RE17 PORT.—’’; 

18 (II) by striking ‘‘a quarterly report’’ 

19 and inserting ‘‘a biannual report’’; and 

20 (III) by striking ‘‘fiscal-year quarter’’ 

21 and inserting ‘‘two fiscal-year quarters’’; 

22 and 

23 (ii) in subsection (c)— 

24 (I) by striking ‘‘(1)’’; 


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1 (II) by striking ‘‘a quarter of a fiscal 

2 year after the first quarter of that fiscal 

3 year’’ and inserting ‘‘the second two fiscal4 year quarters of a fiscal year’’; 

5 (III) by striking ‘‘the first quarter of 

6 that fiscal year’’ and inserting ‘‘the first 

7 two fiscal-year quarters of that fiscal 

8 year’’; and 

9 (IV) by striking paragraph (2). 

10 (B)(i) The heading of such section is amended 

11 to read as follows: 

12 ‘‘§ 228. Biannual reports on allocation of funds within 

13 operation and maintenance budget sub14 activities’’. 

15 (ii) The table of sections at the beginning of 

16 chapter 9 is amended by striking the item relating 

17 to section 228 and inserting the following new item: 

‘‘228. Biannual reports on allocation of funds within operation and maintenance 

budget subactivities.’’. 

18 (7) Subsection (f) of section 408 is amended to 

19 read as follows: 

20 ‘‘(f) CONGRESSIONAL OVERSIGHT.—Whenever the 

21 Secretary of Defense provides assistance to a foreign na22 tion under this section, the Secretary shall submit to the 

23 congressional defense committees a report on the assist24 ance provided. Each such report shall identify the nation 


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1 to which the assistance was provided and include a de2 scription of the type and amount of the assistance pro3 vided.’’. 

4 (8)(A) Section 488— 

5 (i) in subsection (a), by striking ‘‘Every 

6 other year’’ and inserting ‘‘Every fourth year’’; 

7 (ii) in subsection (b), by striking ‘‘an even8 numbered fiscal year’’ and inserting ‘‘every 

9 other even-numbered fiscal year beginning with 

10 fiscal year 2012’’; and 

11 (iii) by adding at the end the following new 

12 subsection: 

13 ‘‘(c) BIENNIAL NOTICE ON CHANGES TO STRATEGIC

14 PLAN.—If the Secretary modifies a strategic plan under 

15 subsection (a) during the two-year period beginning on the 

16 date of its submittal to Congress under subsection (b), the 

17 Secretary shall submit to Congress a written notice on the 

18 modifications at the end of such two-year period.’’. 

19 (B)(i) The heading of such section is amended 

20 to read as follows: 

21 ‘‘§ 488. Management of electromagnetic spectrum: 

22 quadrennial strategic plan’’. 

23 (ii) The table of sections at the beginning of 

24 chapter 23 is amended by striking the item relating 

25 to section 488 and inserting the following new item: 

‘‘488. Management of electromagnetic spectrum: quadrennial strategic plan.’’. 


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1 (9) Section 490(b)(1) is amended by inserting 

2 ‘‘through 2014’’ after ‘‘every even-numbered year’’. 

3 (10) Section 2401(h) is amended— 

4 (A) by striking ‘‘only if—’’ and all that fol5 lows through ‘‘of the proposed’’ and inserting 

6 ‘‘only if the Secretary has notified the congres7 sional defense committees of the proposed’’; 

8 (B) by striking paragraph (2); 

9 (C) by redesignating subparagraphs (A), 

10 (B), and (C) as paragraphs (1), (2), and (3), 

11 respectively, and realigning those paragraphs so 

12 as to be indented two ems from the left margin; 

13 and 

14 (D) by striking ‘‘; and’’ at the end of para15 graph (3), as so redesignated, and inserting a 

16 period. 

17 (11) Section 2482(d)(1) is amended by insert18 ing ‘‘in the United States’’ after ‘‘commissary 

19 store’’. 

20 (12) Section 2608(e)(1) is amended— 

21 (A) by striking ‘‘each quarter’’ and insert22 ing ‘‘the second quarter and the fourth quar23 ter’’; and 

24 (B) by striking ‘‘the preceding quarter’’ 

25 and inserting ‘‘the preceding two quarters’’. 


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1 (13) Section 2645(d) is amended by striking 

2 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

3 (14) Section 2803(b) is amended by striking 

4 ‘‘21-day period’’ and inserting ‘‘seven-day period’’. 

5 (15) Section 2811(d) is amended by striking 

6 ‘‘$7,500,000’’ and inserting ‘‘$10,000,000’’. 

7 (16) Section 9514(c) is amended by striking 

8 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

9 (17) Section 10541(a) is amended by striking 

10 ‘‘February 15’’ and inserting ‘‘April 15’’. 

11 (18) Section 10543(c)(3) is amended by strik12 ing ‘‘15 days’’ and inserting ‘‘90 days’’. 

13 SEC. 1067. MODIFICATION OF REPORTING REQUIREMENTS 

14 UNDER OTHER TITLES OF THE UNITED 

15 STATES CODE. 

16 (a) TITLE 32.—Section 908(a) of title 32, United 

17 States Code, is amended by striking ‘‘After the end of each 

18 fiscal year,’’ and inserting ‘‘After the end of any fiscal 

19 year during which any assistance was provided or activi20 ties were carried out under this chapter,’’. 

21 (b) TITLE 37.—Section 316a(f) of title 37, United 

22 States Code, is amended by striking ‘‘January 1, 2010’’ 

23 and inserting ‘‘April 1, 2012’’. 


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1 SEC. 1068. MODIFICATION OF REPORTING REQUIREMENTS 

2 UNDER ANNUAL DEFENSE AUTHORIZATION 

3 ACTS. 

4 (a) FISCAL YEAR 2010.—Section 121(e) of the Na5 tional Defense Authorization Act for Fiscal Year 2010 

6 (Public Law 111–84; 123 Stat. 2212) is amended by strik7 ing paragraph (5). 

8 (b) FISCAL YEAR 2008.—The National Defense Au9 thorization Act for Fiscal Year 2008 (Public Law 110– 

10 181) is amended as follows: 

11 (1) Section 958 (122 Stat. 297) is amended— 

12 (A) in subsection (a), by striking ‘‘240 

13 days after the date of the enactment of this 

14 Act’’ and inserting ‘‘June 30, 2012’’; and 

15 (B) in subsection (d), by striking ‘‘Decem16 ber 31, 2013’’ and inserting ‘‘June 30, 2014’’. 

17 (2) Section 1107 (10 U.S.C. 2358 note) is 

18 amended— 

19 (A) in subsection (d)— 

20 (i) by striking ‘‘beginning with March 

21 1, 2008,’’; and 

22 (ii) by inserting ‘‘a report containing’’ 

23 after ‘‘to Congress’’; and 

24 (B) in subsection (e)— 

25 (i) in paragraph (1), by striking ‘‘Not 

26 later than’’ and all that follows through 


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1 ‘‘the information’’ and inserting ‘‘The Sec2 retary shall include in each report under 

3 subsection (d) the information’’; and 

4 (ii) in paragraph (2), by striking 

5 ‘‘under this subsection’’ and inserting 

6 ‘‘under subsection (d)’’. 

7 (3) Section 1674(c) (122 Stat. 483) is amend8 ed— 

9 (A) by striking ‘‘After submission’’ and all 

10 the follows through ‘‘that patients,’’ and insert11 ing ‘‘Patients,’’; and 

12 (B) by striking ‘‘have not been moved or 

13 disestablished until’’ and inserting ‘‘may not be 

14 moved or disestablished until the Secretary of 

15 Defense has certified to the congressional de16 fense committees that’’. 

17 (c) FISCAL YEAR 2007.—Subsection (a) of section 

18 1104 of the John Warner National Defense Authorization 

19 Act for Fiscal Year 2007 (10 U.S.C. note prec. 711) is 

20 amended to read as follows: 

21 ‘‘(a) REPORTS ON DETAILS AND FELLOWSHIPS OF

22 LONG DURATION.—Whenever a member of the Armed 

23 Forces or a civilian employee of the Department of De24 fense serves continuously in the Legislative Branch for 

25 more than 12 consecutive months in one or a combination 


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1 of covered legislative details or fellowships, the Secretary 

2 of Defense shall submit to the congressional defense com3 mittees, within 90 days, and quarterly thereafter for as 

4 long as the service continues, a report on the service of 

5 the member or employee.’’. 

6 (d) FISCAL YEAR 2001.—Section 1308(c) of the 

7 Floyd D. Spence National Defense Authorization Act for 

8 Fiscal Year 2001 (22 U.S.C. 5959(c)) is amended— 

9 (1) by striking paragraph (7); and 

10 (2) by redesignating paragraph (8) as para11 graph (7). 

12 (e) FISCAL YEAR 2000.—The National Defense Au13 thorization Act for Fiscal Year 2000 (Public Law 106– 

14 65) is amended as follows: 

15 (1) Section 1202(b)(11) (10 U.S.C. 113 note) 

16 is amended by adding at the end the following new 

17 subparagraph: 

18 ‘‘(G) The Secretary’s certification whether 

19 or not any military-to-military exchange or con20 tact was conducted during the period covered 

21 by the report in violation of section 1201(a).’’. 

22 (2) Section 1201 (10 U.S.C. 168 note) is 

23 amended by striking subsection (d). 


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1 SEC. 1069. MODIFICATION OF REPORTING REQUIREMENTS 

2 UNDER OTHER LAWS. 

3 (a) SMALL BUSINESS ACT.—Section 9 of the Small 

4 Business Act (15 U.S.C. 638) is amended— 

5 (1) in subsection (b)(7), by inserting ‘‘and in6 cluding an accounting of funds, initiatives, and out7 comes under the Commercialization Pilot Program’’ 

8 after ‘‘and (o)(15),’’; and 

9 (2) in subsection (y), by striking paragraph (5). 

10 (b) UNIFORMED AND OVERSEAS CITIZENS ABSEN11 TEE VOTING ACT.—Section 105A(b) The Uniformed and 

12 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff13 4a(b)) is amended— 

14 (1) in the subsection heading, by striking ‘‘AN15 NUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’; 

16 (2) in the matter preceding paragraph (1)— 

17 (A) by striking ‘‘March 31 of each year’’ 

18 and inserting ‘‘September 30 of each odd-num19 bered year’’; and 

20 (B) by striking ‘‘the following information’’ 

21 and inserting ‘‘the following information with 

22 respect to the Federal election held during the 

23 preceding calendar year’’; and 

24 (3) in paragraph (3), by striking ‘‘In the case 

25 of’’ and all that follows through ‘‘a description’’ and 

26 inserting ‘‘A description’’. 


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1 (c) IMPLEMENTING RECOMMENDATIONS OF THE 9/ 

2 11 COMMISSION ACT OF 2007.—Section 1821(b)(2) of the 

3 Implementing Recommendations of the 9/11 Commission 

4 Act of 2007 (50 U.S.C. 2911(b)(2)) is amended in the 

5 first sentence by striking ‘‘of each year’’ and inserting ‘‘of 

6 each even-numbered year’’. 

7 Subtitle G—Other Study and 

8 Report Matters 

9 SEC. 1071. MODIFICATION OF DATES OF COMPTROLLER 

10 GENERAL OF THE UNITED STATES REVIEW 

11 OF EXECUTIVE AGREEMENT ON JOINT MED12 ICAL FACILITY DEMONSTRATION PROJECT, 

13 NORTH CHICAGO AND GREAT LAKES, ILLI14 NOIS. 

15 Section 1701(e)(1) of the National Defense Author16 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

17 Stat. 2568) is amended by striking ‘‘and annually there18 after’’ and inserting ‘‘not later than two years after the 

19 execution of the executive agreement, and not later than 

20 September 30, 2015’’. 

21 SEC. 1072. REPORT ON PLAN TO IMPLEMENT ORGANIZA22 TIONAL GOALS RECOMMENDED IN THE NA23 TIONAL SECURITY STRATEGY–2010. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) An urgent need exists to transform the 

2 United States national security system in order to 

3 employ all elements of national power effectively and 

4 efficiently to meet the challenges of the 21st century 

5 security environment. 

6 (2) The Quadrennial Defense Review Inde7 pendent Panel emphasized this need in its July 2010 

8 report, writing that ‘‘the Panel notes with extreme 

9 concern that our current Federal Government struc10 tures—both executive and legislative, and in par11 ticular those related to security—were fashioned in 

12 the 1940s and, at best, they work imperfectly 

13 today . . . A new approach is needed’’. 

14 (3) The National Security Strategy–May 2010 

15 calls for such a transformation of the United States 

16 national security system through its identification of 

17 organizational changes already underway, its rec18 ommendation of additional organizational changes to 

19 be undertaken, and its commitment to strengthening 

20 national capacity through a whole-of-government ap21 proach. 

22 (4) The realization of these organizational goals 

23 can best be assured by the preparation of a report 

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1 mentation plan for the organizational changes newly 

2 recommended in the National Security Strategy. 

3 (b) PLAN TO IMPLEMENT RECOMMENDATIONS RE4 QUIRED.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the 

7 President shall submit to the appropriate commit8 tees of Congress a report setting forth a plan to im9 plement the organizational goals recommended in 

10 the National Security Strategy–May 2010. 

11 (2) ELEMENTS.—The report required under 

12 this subsection shall include the following: 

13 (A) A progress report identifying each or14 ganizational change identified by the National 

15 Security Strategy as already underway, includ16 ing for each such change the following: 

17 (i) The goal such organizational 

18 change seeks to achieve. 

19 (ii) The actions required of the Execu20 tive Branch to achieve such goal. 

21 (iii) The actions required of Congress 

22 to achieve such goal. 

23 (iv) The preferred sequencing of the 

24 executive and legislative actions specified 

25 under clauses (ii) and (iii). 


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1 (v) The preferred timetable for such 

2 executive and legislative actions and for 

3 achievement of such goal. 

4 (vi) The progress that has already 

5 been achieved toward such goal, and the 

6 obstacles that have been encountered. 

7 (B) An implementation plan addressing 

8 each organizational change newly recommended 

9 by the National Security Strategy, including for 

10 each such change the following: 

11 (i) The goal such organizational 

12 change seeks to achieve. 

13 (ii) The actions required of the Execu14 tive Branch to achieve such goal. 

15 (iii) The actions required of Congress 

16 to achieve such goal. 

17 (iv) The preferred sequencing of the 

18 executive and legislative actions specified 

19 under clauses (ii) and (iii). 

20 (v) The preferred timetable for such 

21 executive and legislative actions and for 

22 achievement of such goal. 

23 (c) ANNUAL UPDATE.—Not later than December 1 

24 in each year following the year in which the report re25 quired by subsection (b) is submitted, the President shall 


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1 submit to the appropriate committees of Congress an up2 date of the report setting forth a description of the fol3 lowing: 

4 (1) The progress made in achieving each orga5 nizational goal covered by the report required by 

6 subsection (b). 

7 (2) The modifications necessary to the plan re8 quired by subsection (b) in light of the experience of 

9 the Executive Branch in implementing the plan. 

10 (d) APPROPRIATE COMMITTEES OF CONGRESS DE11 FINED.—In this section, the term ‘‘appropriate commit12 tees of Congress’’ means— 

13 (1) the Committee on Armed Services, Com14 mittee on Foreign Relations, Committee on Home15 land Security and Government Affairs, Committee 

16 on the Budget, Committee on the Judiciary, Com17 mittee on Appropriations, and Select Committee on 

18 Intelligence of the Senate; and 

19 (2) the Committee on Armed Services, Com20 mittee on Foreign Affairs, Committee on Homeland 

21 Security, Committee on the Budget, Committee on 

22 the Judiciary, Committee on Oversight and Govern23 ment Reform, Committee on Appropriations, and 

24 Permanent Select Committee on Intelligence of the 

25 House of Representatives. 


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1 SEC. 1073. BIENNIAL ASSESSMENT OF AND REPORT ON DE2 LIVERY PLATFORMS FOR NUCLEAR WEAPONS 

3 AND THE NUCLEAR COMMAND AND CONTROL 

4 SYSTEM. 

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

6 in each odd-numbered year beginning with calendar year 

7 2013, conduct an assessment of the safety, security, reli8 ability, sustainability, performance, and military effective9 ness of each type of platform for the delivery of nuclear 

10 weapons and of the nuclear command and control system 

11 of the United States. 

12 (b) REPORT REQUIRED.—Not later than March 1 of 

13 each odd-numbered year beginning with calendar year 

14 2013, the Secretary of Defense shall submit to the con15 gressional defense committees a report on the assessment 

16 conducted under subsection (a) that includes the following: 

17 (1) The results of the assessment. 

18 (2) An identification and assessment of any 

19 gaps or shortfalls in the capabilities of the platforms 

20 or the system described in subsection (a). 

21 (3) An identification and assessment of any 

22 risks with respect to whether any of those platforms 

23 or that system will meet the mission or capability re24 quirements of those platforms or that system, as the 

25 case may be. 


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1 (4) Recommendations of the Secretary of De2 fense with respect to measures to mitigate any gaps 

3 or shortfalls identified under paragraph (2) and any 

4 risks identified under paragraph (3). 

5 (c) CONSULTATIONS.—The Secretary of Defense 

6 shall consult with the Commander of the United States 

7 Strategic Command in conducting assessments under sub8 section (a) and preparing reports under subsection (b). 

9 SEC. 1074. ANNUAL REPORT ON THE NUCLEAR WEAPONS 

10 STOCKPILE OF THE UNITED STATES. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) In response to a question for the record 

14 from a March 29, 2011, hearing of the Committee 

15 on Armed Services of the Senate, General C. Robert 

16 Kehler stated, ‘‘The stockpile under New START is 

17 appropriately sized to meet our deterrence require18 ments and manage risk associated with our aging 

19 systems and infrastructure. A recapitalized nuclear 

20 infrastructure could also support potential reduc21 tions in the future non-deployed stockpile.’’. 

22 (2) In response to an additional question for 

23 the record from that hearing, General Kehler stated, 

24 ‘‘Completion of critical stockpile sustainment activi25 ties and restoration of [the National Nuclear SecuVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 rity Administration’s] production infrastructure 

2 could enable future reductions in the quantity of 

3 non-deployed warheads currently held to mitigate 

4 weapon and infrastructure risk.’’. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) sustained investments in the nuclear weap8 ons stockpile and the nuclear security complex are 

9 needed to ensure a reliable nuclear deterrent; and 

10 (2) such investments could enable additional fu11 ture reductions in the hedge stockpile. 

12 (c) REPORT REQUIRED.—Not later than March 1, 

13 2012, and annually thereafter, the Secretary of Defense 

14 shall submit to the congressional defense committees a re15 port on the nuclear weapons stockpile of the United States 

16 that includes the following: 

17 (1) An accounting of the weapons in the stock18 pile as of the end of the fiscal year preceding the 

19 submission of the report that includes deployed and 

20 non-deployed weapons, including each category of 

21 non-deployed weapon. 

22 (2) The planned force levels for each category 

23 of nuclear weapon over the course of the future24 years defense program submitted to Congress under 

25 section 221 of title 10, United States Code, for the 


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1 fiscal year following the fiscal year in which the re2 port is submitted. 

3 SEC. 1075. NUCLEAR EMPLOYMENT STRATEGY OF THE 

4 UNITED STATES. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that any future modification to the nuclear employ7 ment strategy of the United States should maintain or en8 hance the ability of the nuclear forces of the United States 

9 to support the goals of the United States with respect to 

10 nuclear deterrence, extended deterrence, and assurances 

11 for allies, and the defense of the United States. 

12 (b) REPORTS ON MODIFICATION OF STRATEGY.— 

13 (1) IN GENERAL.—Chapter 23 title 10, United 

14 States Code, is amended by adding at the end the 

15 following new section: 

16 ‘‘§ 491. Nuclear employment strategy of the United 

17 States: reports on modification of strat18 egy 

19 ‘‘Not later than 30 days after the date on which the 

20 President issues a nuclear employment strategy of the 

21 United States that differs from the nuclear employment 

22 strategy of the United States then in force, the President 

23 shall submit to Congress a report setting forth the fol24 lowing: 


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1 ‘‘(1) A description of the modifications to nu2 clear employment strategy of the United States 

3 made by the strategy so issued. 

4 ‘‘(2) An assessment of effects of such modifica5 tion for the nuclear posture of the United States.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 23 of such title is 

8 amended by adding at the end the following new 

9 item: 

‘‘491. Nuclear employment strategy of the United States: reports on modification of strategy.’’. 

10 SEC. 1076. STUDY ON THE RECRUITMENT, RETENTION, AND 

11 DEVELOPMENT OF CYBERSPACE EXPERTS. 

12 (a) STUDY.—The Secretary of Defense shall conduct 

13 an independent study examining the availability of mili14 tary and civilian personnel for Department of Defense de15 fensive and offensive cyberspace operations, identifying 

16 any gaps in meeting personnel needs, and recommending 

17 available mechanisms to fill such gaps, including perma18 nent and temporary positions. 

19 (b) REPORT.— 

20 (1) IN GENERAL.—Not later than one year 

21 after the date of the enactment of this Act, the Sec22 retary of Defense shall submit to the congressional 

23 defense committees a report containing the results of 

24 the study conducted under subsection (a). 


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1 (2) MATTERS TO BE COVERED.—The report re2 quired under paragraph (1) shall include the fol3 lowing elements: 

4 (A) A statement of capabilities and num5 ber of cyberspace operations personnel required 

6 to meet the defensive and offensive cyberspace 

7 operation requirements of the Department of 

8 Defense. 

9 (B) An assessment of the sufficiency of the 

10 numbers and types of personnel available for 

11 cyberspace operations, including an assessment 

12 of the balance of military personnel, Depart13 ment of Defense civilian employees, and con14 tractor positions, and the availability of per15 sonnel with expertise in matters related to 

16 cyberspace operations from outside of the De17 partment of Defense. 

18 (C) A description of the obstacles to ade19 quate recruitment and retention of such per20 sonnel. 

21 (D) An exploration of the various recruit22 ing, training, and affiliation mechanisms, such 

23 as the reserve components, including the indi24 vidual ready reserves, the civilian expeditionary 

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1 ships, the Reserve Officers’ Training Corps, 

2 and civilian auxiliaries to address challenges to 

3 recruitment, retention, and training. 

4 (E) A description of incentives that enable 

5 and encourage individuals with cyber skills from 

6 outside the Department of Defense to affiliate 

7 with the Armed Forces and civilian employees 

8 of the Department of Defense through other 

9 types of service agreements, as well as obstacles 

10 that discourage cyberspace experts and the De11 partment of Defense from implementing new 

12 organizational constructs. 

13 (F) Identification of legal, policy, or ad14 ministrative impediments to attracting and re15 taining cyberspace operations personnel. 

16 (G) Recommendations for legislative or 

17 policy changes necessary to increase the avail18 ability of cyberspace operations personnel. 

19 (3) SUBMISSION OF COMMENTS.—The Sec20 retary of Defense shall include with the report sub21 mitted under paragraph (1) comments on the find22 ings and recommendations contained in the report, 

23 including comments from the Secretaries of each of 

24 the military departments. 


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1 (c) CYBERSPACE OPERATIONS PERSONNEL DE2 FINED.—In this section, the term ‘‘cyberspace operations 

3 personnel’’ refers to members of the Armed Forces and 

4 civilian employees of the Department of Defense involved 

5 with the operations and maintenance of a computer net6 work connected to the global information grid, as well as 

7 offensive, defensive, and exploitation functions of such a 

8 network. 

9 SEC. 1077. REPORTS ON RESOLUTION RESTRICTIONS ON 

10 THE COMMERCIAL SALE OR DISSEMINATION 

11 OF ELETRO-OPTICAL IMAGERY COLLECTED 

12 BY SATELLITES. 

13 (a) SECRETARY OF COMMERCE REPORT.— 

14 (1) REPORT REQUIRED.—Not later than April 

15 15, 2012, the Secretary of Commerce shall submit 

16 to Congress a report setting forth the results of a 

17 comprehensive review of current restrictions on the 

18 resolution of electro-optical (EO) imagery collected 

19 from satellites that commercial companies may sell 

20 or disseminate. The report shall include such rec21 ommendations for legislative or administrative action 

22 as the Secretary considers appropriate in light of the 

23 results of the review. 

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1 graph (1), the Secretary shall take into consider2 ation the following: 

3 (A) Increases in sales of commercial sat4 ellite imagery that would result from a relax5 ation of resolution restrictions, and the ensuing 

6 benefit to the United States Government, com7 merce, and academia from an expanding market 

8 in satellite imagery. 

9 (B) Current and anticipated deployments 

10 of satellites built in foreign countries that can 

11 or will be able to collect imagery at a resolution 

12 greater than .5 meter resolution, and the sale 

13 or dissemination of such imagery. 

14 (C) The lead-time involved in securing fi15 nancing, designing, building, and launching the 

16 new satellite imagery collection capabilities that 

17 would be required to enable United States com18 mercial satellite companies to match current 

19 and anticipated foreign satellite imagery collec20 tion capabilities. 

21 (D) Inconsistencies between the current 

22 resolution restrictions on the sale or dissemina23 tion of imagery collected by United States com24 mercial companies, the availability of higher 

25 resolution imagery from foreign sources, and 


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1 the National Space Policy of the United States, 

2 released by the President on June 28, 2010. 

3 (E) The lack of restrictions on the sale or 

4 dissemination of high-resolution imagery col5 lected by aircraft. 

6 (F) The utility that higher resolution im7 agery would bring to the United States Armed 

8 Forces, the production of military geo-spatial 

9 information, intelligence analysis, cooperation 

10 with allies, scientific research efforts, and do11 mestic disaster monitoring and relief. 

12 (b) INTELLIGENCE ASSESSMENT.— 

13 (1) ASSESSMENT REQUIRED.—Not later than 

14 15 days after the date of the enactment of this Act, 

15 the Director of National Intelligence and the Under 

16 Secretary of Defense for Intelligence shall jointly 

17 submit to the appropriate committees of Congress a 

18 report setting forth an assessment of the benefits 

19 and risks of relaxing current resolution restrictions 

20 on the electro-optical imagery from satellites that 

21 commercial United States companies may sell or dis22 seminate, together with recommendations for means 

23 of protecting national security related information in 

24 the event of the relaxation of such resolution restric25 tions. 


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1 (2) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—In this subsection, the term ‘‘appro3 priate committees of Congress’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Select 

6 Committee on Intelligence of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Perma9 nent Select Committee on Intelligence of the 

10 House of Representatives. 

11 SEC. 1078. REPORT ON INTEGRATION OF UNMANNED AER12 IAL SYSTEMS INTO THE NATIONAL AIRSPACE 

13 SYSTEM. 

14 (a) REPORT REQUIRED.—Not later than 90 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall, in consultation with the Administrator 

17 of the Federal Aviation Administration and on behalf of 

18 the UAS Executive Committee, submit to the appropriate 

19 committees of Congress a report setting forth the fol20 lowing: 

21 (1) A description and assessment of the rate of 

22 progress in integrating unmanned aircraft systems 

23 into the national airspace system. 

24 (2) An assessment of the potential for one or 

25 more pilot program or programs on such integration 


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1 at certain test ranges to increase that rate of 

2 progress. 

3 (b) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means— 

6 (1) the Committee on Armed Services, the 

7 Committee on Commerce, Science, and Transpor8 tation, and the Committee on Appropriations of the 

9 Senate; and 

10 (2) the Committee on Armed Services, the 

11 Committee on Transportation and Infrastructure, 

12 the Committee on Science, Space, and Technology, 

13 and the Committee on Appropriations of the House 

14 of Representatives. 

15 SEC. 1079. STUDY ON UNITED STATES FORCE POSTURE IN 

16 EAST ASIA AND THE PACIFIC REGION. 

17 (a) INDEPENDENT ASSESSMENT.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 shall commission an independent assessment of 

20 America’s security interests in East Asia and the 

21 Pacific region. The assessment shall be conducted by 

22 an independent, non-governmental institute which is 

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1 dentials and expertise in national security and mili2 tary affairs with ready access to policy experts 

3 throughout the country and from the region. 

4 (2) ELEMENTS.—The assessment conducted 

5 pursuant to paragraph (1) shall include the fol6 lowing elements: 

7 (A) A review of current and emerging 

8 United States national security interests in the 

9 East Asia and Pacific region. 

10 (B) A review of current United States mili11 tary force posture and deployment plans, with 

12 an emphasis on the current plans for United 

13 States force realignments in Okinawa and 

14 Guam. 

15 (C) Options for the realignment of United 

16 States forces in the region to respond to new 

17 opportunities presented by allies and partners. 

18 (D) The views of noted policy leaders and 

19 regional experts, including military commanders 

20 in the region. 

21 (b) REPORT.—Not later than 90 days after the date 

22 of the enactment of this Act, the designated private entity 

23 shall provide an unclassified report, with a classified 

24 annex, containing its findings to the Secretary of Defense. 

25 Not later than 90 days after the date of receipt of the 


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1 report, the Secretary of Defense shall transmit the report 

2 to the congressional defense committees, together with 

3 such comments on the report as the Secretary considers 

4 appropriate. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amounts authorized to be appropriated under section 301 

7 for operation and maintenance for Defense-wide activities, 

8 up to $1,000,000, shall be made available for the comple9 tion of the study required under this section. 

10 Subtitle H—Other Matters 

11 SEC. 1081. REDESIGNATION OF PSYCHOLOGICAL OPER12 ATIONS AS MILITARY INFORMATION SUP13 PORT OPERATIONS IN TITLE 10, UNITED 

14 STATES CODE, TO CONFORM TO DEPART15 MENT OF DEFENSE USAGE. 

16 Title 10, United States Code, is amended as follows: 

17 (1) In section 167(j), by striking paragraph (6) 

18 and inserting the following new paragraph: 

19 ‘‘(6) Military information support operations.’’. 

20 (2) Section 2011(d)(1) is amended by striking 

21 ‘‘psychological operations’’ and inserting ‘‘military 

22 information support operations’’. 


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1 SEC. 1082. TERMINATION OF REQUIREMENT FOR APPOINT2 MENT OF CIVILIAN MEMBERS OF NATIONAL 

3 SECURITY EDUCATION BOARD BY AND WITH 

4 THE ADVICE AND CONSENT OF THE SENATE. 

5 (a) TERMINATION.—Subsection (b)(7) of section 803 

6 of the David L. Boren National Security Education Act 

7 of 1991 (50 U.S.C. 1903) is amended by striking ‘‘by and 

8 with the advice and consent of the Senate,’’. 

9 (b) TECHNICAL AMENDMENT.—Subsection (c) of 

10 such section is amended by striking ‘‘subsection (b)(6)’’ 

11 and inserting ‘‘subsection (b)(7)’’. 

12 SEC. 1083. REDESIGNATION OF INDUSTRIAL COLLEGE OF 

13 THE ARMED FORCES AS THE DWIGHT D. EI14 SENHOWER SCHOOL FOR NATIONAL SECU15 RITY AND RESOURCE STRATEGY. 

16 (a) REDESIGNATION.—The Industrial College of the 

17 Armed Forces is hereby renamed the ‘‘Dwight D. Eisen18 hower School for National Security and Resource Strat19 egy’’. 

20 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

21 section 2165(b) of title 10, United States Code, is amend22 ed to read as follows: 

23 ‘‘(2) The Dwight D. Eisenhower School for Na24 tional Security and Resource Strategy.’’. 

25 (c) REFERENCES.—Any reference to the Industrial 

26 College of the Armed Forces in any law, regulation, map, 


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1 document, record, or other paper of the United States 

2 shall be deemed to be a reference to the Dwight D. Eisen3 hower School for National Security and Resource Strat4 egy. 

5 SEC. 1084. DESIGNATION OF FISHER HOUSE FOR THE FAMI6 LIES OF THE FALLEN AND MEDITATION PA7 VILION, DOVER AIR FORCE BASE, DELAWARE, 

8 AS A FISHER HOUSE. 

9 The Fisher House for the Families of the Fallen and 

10 Meditation Pavilion at Dover Air Force Base, Delaware, 

11 is hereby designated as a Fisher House for purposes of 

12 section 2493 of title 10, United States Code. 

13 SEC. 1085. SENSE OF SENATE ON APPLICATION OF MORA14 TORIUM ON EARMARKS TO THIS ACT. 

15 It is the sense of the Senate that the moratorium on 

16 congressionally-directed spending items in the Senate, and 

17 on congressional earmarks in the House of Representa18 tives, should be fully enforced in this Act. 

19 SEC. 1086. TECHNICAL AMENDMENT RELATING TO RESPON20 SIBILITIES OF DEPUTY ASSISTANT SEC21 RETARY OF DEFENSE FOR MANUFACTURING 

22 AND INDUSTRIAL BASE POLICY. 

23 Section 139e(b)(12) of title 10, United States Code, 

24 is amended by striking ‘‘titles I and II’’ and inserting ‘‘ti25 tles I and III’’. 


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1 SEC. 1087. TECHNICAL AMENDMENT. 

2 Section 382 of title 10, United States Code, is 

3 amended by striking ‘‘biological or chemical’’ each place 

4 it appears in subsections (a) and (b). 

5 TITLE XI—CIVILIAN PERSONNEL 

6 MATTERS 

7 SEC. 1101. AUTHORITY OF THE SECRETARIES OF THE MILI8 TARY DEPARTMENTS TO EMPLOY UP TO 10 

9 PERSONS WITHOUT PAY. 

10 Section 1583 of title 10, United States Code, is 

11 amended in the first sentence— 

12 (1) by inserting ‘‘and the Secretaries of the 

13 military departments’’ after ‘‘the Secretary of De14 fense’’; and 

15 (2) by inserting ‘‘each’’ after ‘‘may’’. 

16 SEC. 1102. EXTENSION OF ELIGIBILITY TO CONTINUE FED17 ERAL EMPLOYEE HEALTH BENEFITS FOR 

18 CERTAIN EMPLOYEES OF THE DEPARTMENT 

19 OF DEFENSE. 

20 (a) EXTENSION FOR DEPARTMENT OF DEFENSE.— 

21 Subparagraph (B) of section 8905a(d)(4) of title 5, 

22 United States Code, is amended— 

23 (1) in clause (i), by striking ‘‘December 31, 

24 2011’’ and inserting ‘‘October 1, 2015’’; and 

25 (2) in clause (ii)— 


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1 (A) by striking ‘‘February 1, 2012’’ and 

2 inserting ‘‘February 1, 2016’’; and 

3 (B) by striking ‘‘December 31, 2011’’ and 

4 inserting ‘‘the date specified in clause (i)’’. 

5 (b) TECHNICAL AMENDMENT TO DELETE OBSOLETE

6 AUTHORITY APPLICABLE TO DEPARTMENT OF EN7 ERGY.—Subparagraph (A) of such section is amended by 

8 striking ‘‘, or the Department of Energy due to a reduc9 tion in force resulting from the establishment of the Na10 tional Nuclear Security Administration’’. 

11 SEC. 1103. AUTHORITY FOR WAIVER OF RECOVERY OF CER12 TAIN PAYMENTS PREVIOUSLY MADE UNDER 

13 CIVILIAN EMPLOYEES VOLUNTARY SEPARA14 TION INCENTIVE PROGRAM. 

15 (a) AUTHORITY FOR WAIVER.—Subject to subsection 

16 (c), the Secretary of Defense may waive the requirement 

17 under subsection (f)(6)(B) of section 9902 of title 5, 

18 United States Code, for repayment to the Department of 

19 Defense of a voluntary separation incentive payment made 

20 under subsection (f)(1) of that section in the case of an 

21 employee or former employee of the Department of De22 fense described in subsection (b). 

23 (b) PERSONS COVERED.—Subsection (a) applies to 

24 any employee or former employee of the Department of 

25 Defense— 


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1 (1) who during the period beginning on April 1, 

2 2004, and ending on March 1, 2008, received a vol3 untary separation incentive payment under sub4 section (f)(1) of section 9902 of title 5, United 

5 States Code; 

6 (2) who was reappointed to a position in the 

7 Department of Defense to support a declared na8 tional emergency related to terrorism or a natural 

9 disaster during the period beginning on June 1, 

10 2004, and ending on March 1, 2008; and 

11 (3) with respect to whom the Secretary deter12 mines— 

13 (A) that the employee or former employee, 

14 before accepting the reappointment referred to 

15 in paragraph (2), received a representation 

16 from an officer or employee of the Department 

17 of Defense that recovery of the amount of the 

18 payment referred to in paragraph (1) would not 

19 be required or would be waived; and 

20 (B) that the employee or former employee 

21 reasonably relied on that representation when 

22 accepting reappointment. 

23 (c) REQUIRED DETERMINATION.—The Secretary of 

24 Defense may grant a waiver under subsection (a) in the 

25 case of any individual only if the Secretary determines 


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1 that recovery of the amount of the payment otherwise re2 quired would be against equity and good conscience be3 cause of the circumstances of that individual’s reemploy4 ment after receiving a voluntary separation incentive pay5 ment. 

6 (d) TREATMENT OF PRIOR REPAYMENTS.—The Sec7 retary of Defense may, pursuant to a determination under 

8 subsection (c) specific to an individual, provide for reim9 bursement to that individual for any amount the indi10 vidual has previously repaid to the United States for a 

11 voluntary separation incentive payment covered by this 

12 section. The reimbursement shall be paid either from the 

13 appropriations into which the repayment was deposited, 

14 if such appropriations remain available, or from appro15 priations currently available for the purposes of the appro16 priation into which the repayment was deposited. 

17 (e) EXPIRATION OF AUTHORITY.—The authority to 

18 grant a waiver under this section shall expire on December 

19 31, 2012. 

20 SEC. 1104. PERMANENT EXTENSION AND EXPANSION OF EX21 PERIMENTAL PERSONNEL PROGRAM FOR 

22 SCIENTIFIC AND TECHNICAL PERSONNEL. 

23 (a) PERMANENT EXTENSION.—Section 1101 of the 

24 Strom Thurmond National Defense Authorization Act for 

25 Fiscal Year 1999 (5 U.S.C. 3104 note) is amended— 


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1 (1) in subsection (a), by striking ‘‘During the 

2 program period’’ and all that follows through ‘‘use 

3 of the’’ and inserting ‘‘The Secretary of Defense 

4 may carry out a program to use the’’; and 

5 (2) by striking subsections (e), (f), and (g). 

6 (b) EXPANSION OF AVAILABILITY OF PERSONNEL

7 MANAGEMENT AUTHORITY.—Subsection (b)(1) of such 

8 section is amended— 

9 (1) in subparagraph (A), by striking ‘‘40’’ and 

10 inserting ‘‘50’’; 

11 (2) in subparagraph (C), by striking ‘‘and’’ at 

12 the end; 

13 (3) in subparagraph (D), by adding ‘‘and’’ at 

14 the end; and 

15 (4) by adding at the end the following new sub16 paragraph: 

17 ‘‘(E) not more than a total of 10 scientific and 

18 engineering positions in the Office of the Director of 

19 Operational Test and Evaluation;’’. 


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1 SEC. 1105. MODIFICATION OF BENEFICIARY DESIGNATION 

2 AUTHORITIES FOR DEATH GRATUITY PAY3 ABLE UPON DEATH OF A UNITED STATES 

4 GOVERNMENT EMPLOYEE IN SERVICE WITH 

5 THE ARMED FORCES. 

6 (a) AUTHORITY TO DESIGNATE MORE THAN 50 

7 PERCENT OF DEATH GRATUITY TO UNRELATED PER8 SONS.— 

9 (1) IN GENERAL.—Paragraph (4) of section 

10 8102a(d) of title 5, United States Code, is amend11 ed— 

12 (A) by striking the first sentence and in13 serting ‘‘A person covered by this section may 

14 designate another person to receive an amount 

15 payable under this section.’’; and 

16 (B) in the second sentence, by striking ‘‘up 

17 to the maximum of 50 percent’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall take effect on the date of en20 actment of this Act and apply to the payment of a 

21 death gratuity based on any death occurring on or 

22 after that date. 

23 (b) NOTICE TO SPOUSE OF DESIGNATION OF AN24 OTHER PERSON TO RECEIVE PORTION OF DEATH GRA25 TUITY.—Such section is further amended by adding at the 

26 end the following new paragraph: 


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1 ‘‘(6) If a person covered by this section has a 

2 spouse, but designates a person other than the 

3 spouse to receive all or a portion of the amount pay4 able under this section, the head of the agency, or 

5 other entity, in which that person is employed shall 

6 provide notice of the designation to the spouse.’’. 

7 SEC. 1106. TWO-YEAR EXTENSION OF DISCRETIONARY AU8 THORITY TO GRANT ALLOWANCES, BENE9 FITS, AND GRATUITIES TO PERSONNEL ON 

10 OFFICIAL DUTY IN A COMBAT ZONE. 

11 Paragraph (2) of section 1603(a) of the Emergency 

12 Supplemental Appropriations Act for Defense, the Global 

13 War on Terror, and Hurricane Recovery, 2006 (Public 

14 Law 109–234; 120 Stat. 443), as added by section 1102 

15 of the Duncan Hunter National Defense Authorization 

16 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

17 4616), is amended by striking ‘‘fiscal years 2009, 2010, 

18 and 2011’’ and inserting ‘‘fiscal years 2009 through 

19 2013’’. 


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1 SEC. 1107. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

2 ANNUAL LIMITATION ON PREMIUM PAY AND 

3 AGGREGATE LIMITATION ON PAY FOR FED4 ERAL CIVILIAN EMPLOYEES WORKING OVER5 SEAS. 

6 Effective January 1, 2012, section 1101(a) of the 

7 Duncan Hunter National Defense Authorization Act for 

8 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

9 as most recently amended by section 1103 of the Ike Skel10 ton National Defense Authorization Act for Fiscal Year 

11 2011 (Public Law 111–383; 124 Stat. 4382), is further 

12 amended by striking ‘‘through 2011’’ and inserting 

13 ‘‘through 2012’’. 

14 TITLE XII—MATTERS RELATING 

15 TO FOREIGN NATIONS 

16 Subtitle A—Assistance and 

17 Training 

18 SEC. 1201. EXPANSION OF SCOPE OF HUMANITARIAN 

19 DEMINING ASSISTANCE AUTHORITY TO IN20 CLUDE STOCKPILED CONVENTIONAL MUNI21 TIONS. 

22 (a) EXPANSION.—Section 407 of title 10, United 

23 States Code, is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (1), by inserting ‘‘and 

2 stockpiled conventional munitions assistance’’ 

3 after ‘‘humanitarian demining assistance’’; 

4 (B) in paragraph (2), by inserting ‘‘and 

5 stockpiled conventional munitions assistance’’ 

6 after ‘‘Humanitarian demining assistance’’; and 

7 (C) in paragraph (3)— 

8 (i) in the matter preceding subpara9 graph (A), by inserting ‘‘or stockpiled con10 ventional munitions assistance’’ after ‘‘hu11 manitarian demining assistance’’; and 

12 (ii) in subparagraph (A), by inserting 

13 ‘‘, or stockpiled conventional munitions, as 

14 applicable,’’ after ‘‘explosive remnants of 

15 war’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1), by inserting ‘‘and 

18 stockpiled conventional munitions assistance’’ 

19 after ‘‘humanitarian demining assistance’’; and 

20 (B) in paragraph (2), by inserting ‘‘or 

21 stockpiled conventional munitions assistance’’ 

22 after ‘‘humanitarian demining assistance’’; 

23 (3) in subsection (c)— 


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1 (A) in paragraph (1), by inserting ‘‘or 

2 stockpiled conventional munitions assistance’’ 

3 after ‘‘humanitarian demining assistance’’; and 

4 (B) in paragraph (2)(B)— 

5 (i) by inserting ‘‘or stockpiled conven6 tional munitions activities’’ after ‘‘humani7 tarian demining activities’’; and 

8 (ii) by inserting ‘‘, or stockpiled con9 ventional munitions, as applicable,’’ after 

10 ‘‘explosive remnants of war’’; and 

11 (4) in subsection (d), by inserting ‘‘or stock12 piled conventional munitions assistance’’ after ‘‘hu13 manitarian demining assistance’’ each place it ap14 pears. 

15 (b) DEFINITIONS.—Subsection (e) of such section is 

16 amended to read as follows: 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) HUMANITARIAN DEMINING ASSISTANCE.— 

19 The term ‘humanitarian demining assistance’, as it 

20 relates to training and support, means detection and 

21 clearance of landmines and other explosive remnants 

22 of war. 

23 ‘‘(2) STOCKPILED CONVENTIONAL MUNITIONS

24 ASSISTANCE.—The term ‘stockpiled conventional 

25 munitions assistance’, as it relates to support of huVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 manitarian assistance efforts, means training and 

2 support in the disposal, demilitarization, physical se3 curity, and stockpile management of potentially dan4 gerous stockpiles of explosive ordnance. 

5 ‘‘(3) INCLUDED ACTIVITIES.—The terms in 

6 paragraphs (1) and (2) include activities related to 

7 the furnishing of education, training, and technical 

8 assistance with respect to explosive safety, the detec9 tion and clearance of landmines and other explosive 

10 remnants of war, and the disposal, demilitarization, 

11 physical security, and stockpile management of po12 tentially dangerous stockpiles of explosive ord13 nance.’’. 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) SECTION HEADING.—The heading of such 

16 section is amended to read as follows: 

17 ‘‘§ 407. Humanitarian demining assistance and stock18 piled conventional munitions assistance: 

19 authority; limitations’’. 

20 (2) TABLE OF SECTIONS.—The table of sections 

21 at the beginning of chapter 20 of such title is 

22 amended by striking the item relating to section 407 

23 and inserting the following new item: 

‘‘407. Humanitarian demining assistance and stockpiled conventional munitions 

assistance: authority; limitations.’’. 


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1 SEC. 1202. ONE-YEAR EXTENSION AND MODIFICATION OF 

2 AUTHORITIES APPLICABLE TO COM3 MANDERS’ EMERGENCY RESPONSE PRO4 GRAM. 

5 (a) ONE-YEAR EXTENSION OF AUTHORITY.— 

6 (1) IN GENERAL.—Subsection (a) of section 

7 1202 of the National Defense Authorization Act for 

8 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

9 3455), as most recently amended by section 1212 of 

10 the Ike Skelton National Defense Authorization Act 

11 for Fiscal Year 2011 (Public Law 111–383; 124 

12 Stat. 4389), is further amended— 

13 (A) in the subsection heading, by striking 

14 ‘‘FISCAL YEAR 2011’’ and inserting ‘‘FISCAL

15 YEAR 2012’’; 

16 (B) by striking ‘‘fiscal year 2011, from’’ 

17 and inserting ‘‘fiscal year 2012’’; and 

18 (C) by striking ‘‘operation and mainte19 nance’’ and all that follows and inserting ‘‘oper20 ation and maintenance, not to exceed 

21 $400,000,000 may be used by the Secretary of 

22 Defense to provide funds for the Commanders’ 

23 Emergency Response Program in Afghani24 stan.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect on October 1, 

3 2011. 

4 (b) EXTENSION OF DUE DATE FOR QUARTERLY RE5 PORTS TO CONGRESS.—Subsection (b)(1) of such section, 

6 as most recently amended by section 1222 of the National 

7 Defense Authorization Act for Fiscal Year 2010 (Public 

8 Law 111–84; 123 Stat. 2518), is further amended by 

9 striking ‘‘30 days’’ and inserting ‘‘45 days’’. 

10 (c) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Such 

11 section, as so amended by section 1212 of the Ike Skelton 

12 National Defense Authorization Act for Fiscal Year 2011, 

13 is further amended— 

14 (1) by redesignating subsection (i) as subsection 

15 (j); and 

16 (2) by inserting after subsection (h) the fol17 lowing new subsection (i): 

18 ‘‘(i) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The 

19 Secretary of Defense may accept cash contributions from 

20 any person, foreign government, or international organiza21 tion for the purposes specified in subsection (a). Funds 

22 received by the Secretary may be credited to the operation 

23 and maintenance account from which funds are made 

24 available to carry out the authority in subsection (a), and 


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1 may be used for such purposes until expended in addition 

2 to the funds specified in that subsection.’’. 

3 SEC. 1203. THREE-YEAR EXTENSION OF TEMPORARY AU4 THORITY TO USE ACQUISITION AND CROSS5 SERVICING AGREEMENTS TO LEND MILITARY 

6 EQUIPMENT FOR PERSONNEL PROTECTION 

7 AND SURVIVABILITY. 

8 Section 1202(e) of the John Warner National De9 fense Authorization Act for Fiscal Year 2007 (Public Law 

10 109–364; 120 Stat. 2413), as most recently amended by 

11 section 1204(b) of the Duncan Hunter National Defense 

12 Authorization Act for Fiscal Year 2009 (Public Law 110– 

13 417; 122 Stat. 4623), is further amended by striking 

14 ‘‘September 30, 2011’’ and inserting ‘‘September 30, 

15 2014’’. 

16 SEC. 1204. CONDITIONAL EXTENSION AND MODIFICATION 

17 OF AUTHORITY TO BUILD THE CAPACITY OF 

18 COUNTER TERRORISM FORCES OF YEMEN. 

19 (a) EXTENSION.—Subsection (a) of section 1205 of 

20 the Ike Skelton National Defense Authorization Act for 

21 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4387) 

22 is amended by striking ‘‘fiscal year 2011’’ and inserting 

23 ‘‘fiscal years 2011 and 2012’’. 

24 (b) ASSISTANCE THROUGH MINOR MILITARY CON25 STRUCTION.—Subsection (b) of such section is amended— 


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1 (1) in paragraph (1), by inserting ‘‘and minor 

2 military construction’’ before the period at the end; 

3 (2) by redesignating paragraph (3) as para4 graph (4); and 

5 (3) by inserting after paragraph (2) the fol6 lowing new paragraph (3): 

7 ‘‘(3) LIMITATIONS ON MINOR MILITARY CON8 STRUCTION.—Minor military construction may be 

9 provided under subsection (a) only after September 

10 30, 2011. The total amount that may be obligated 

11 and expended on such construction in any fiscal year 

12 may not exceed $10,000,000. Minor military con13 struction may not be provided under subsection (a) 

14 in the city of Sana’a or in the Sana’a Governate, 

15 Yemen.’’. 

16 (c) FUNDING.—Subsection (c) of that section is 

17 amended by striking ‘‘by section 301’’ and all that follows 

18 through ‘‘for fiscal year 2011’’ and inserting ‘‘for the fis19 cal year concerned for operation and maintenance (other 

20 than operation and maintenance for overseas contingency 

21 operations)’’. 

22 (d) CONDITION ON USE OF AUTHORITIES.— 

23 (1) NOTICE AND WAIT.—An authority specified 

24 in paragraph (2) may not be used until 60 days 

25 after the date on which the Secretary of Defense 


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1 and the Secretary of State jointly certify, in writing, 

2 to the appropriate committees of Congress that the 

3 use of such authority is important to the national se4 curity interests of the United States. The certifi5 cation on an authority shall include the following: 

6 (A) The reasons why the use of such au7 thority is important to the national security in8 terests of the United States. 

9 (B) A justification for the provision of as10 sistance pursuant to such authority. 

11 (C) An acknowledgment by the Secretary 

12 of Defense and the Secretary of State that they 

13 have received assurance from the Government 

14 of Yemen that any assistance provided pursuant 

15 to such authority will be utilized in manner con16 sistent with subsection (b)(2) of the applicable 

17 section. 

18 (2) COVERED AUTHORITIES.—The authorities 

19 referred to in this paragraph are the following: 

20 (A) The authority in section 1205 of the 

21 Ike Skelton National Defense Authorization Act 

22 for Fiscal Year 2011, as amended by this sec23 tion. 

24 (B) The authority in section 1206 of the 

25 National Defense Authorization Act for Fiscal 


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1 Year 2006 (Public Law 109–163; 119 Stat. 

2 2456), as amended. 

3 (3) APPROPRIATE COMMITTEES OF CONGRESS

4 DEFINED.—In this subsection, the term ‘‘appro5 priate committees of Congress’’ means the commit6 tees of Congress specified in section 1205(d)(2) of 

7 the Ike Skelton National Defense Authorization Act 

8 for Fiscal Year 2011. 

9 SEC. 1205. EXTENSION OF AUTHORITY FOR SUPPORT OF 

10 SPECIAL OPERATIONS TO COMBAT TER11 RORISM. 

12 (a) EXTENSION.—Subsection (h) of section 1208 of 

13 the Ronald W. Reagan National Defense Authorization 

14 Act for Fiscal Year 2005 (Public Law 108–375), as most 

15 recently amended by section 1208(c) of the Duncan Hun16 ter National Defense Authorization Act for Fiscal Year 

17 2009 (Public Law 110–417; 122 Stat. 4626), is further 

18 amended by striking ‘‘2013’’ and inserting ‘‘2017’’. 

19 (b) CLARIFICATION OF LIMITATION ON FUNDING.— 

20 Subsection (g) of such section, as amended by section 

21 1202(b) of the National Defense Authorization Act for 

22 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 364), 

23 is further amended— 

24 (1) by striking ‘‘each fiscal year’’ and inserting 

25 ‘‘any fiscal year’’; and 


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1 (2) by striking ‘‘pursuant to title XV of this 

2 Act’’ and inserting ‘‘for that fiscal year’’. 

3 SEC. 1206. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 AUTHORITIES RELATING TO PROGRAM TO 

5 BUILD THE CAPACITY OF FOREIGN MILITARY 

6 FORCES. 

7 Of the funds available for fiscal year 2012 for build8 ing the capacity of foreign military forces under section 

9 1206 of the National Defense Authorization Act for Fiscal 

10 Year 2006 (Public Law 109–163; 119 Stat. 3456), as 

11 most recently amended by section 1207 of the Ike Skelton 

12 National Defense Authorization Act for Fiscal Year 2011 

13 (Public Law 111–383; 124 Stat. 4389), not more than 

14 $100,000,000 may be obligated and expended until the 

15 Secretary of Defense and the Secretary of State submit 

16 the report required by section 1237 of the Duncan Hunter 

17 National Defense Authorization Act for Fiscal Year 2009 

18 (Public Law 110–417; 122 Stat. 4642). 

19 SEC. 1207. GLOBAL SECURITY CONTINGENCY FUND. 

20 (a) ESTABLISHMENT.—There is established on the 

21 books of the Treasury of the United States an account 

22 to be known as the ‘‘Global Security Contingency Fund’’. 

23 (b) AUTHORITY.—Amounts in the Fund shall be 

24 available to either the Secretary of State or the Secretary 

25 of Defense, notwithstanding any other provision of law, 


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1 to provide assistance to countries designated by the Sec2 retary of State, with the concurrence of the Secretary of 

3 Defense, for purposes of this section, as follows: 

4 (1) Assistance under this section may be pro5 vided to enhance the capabilities of a foreign coun6 try’s national military forces, and other national se7 curity forces that conduct border and maritime secu8 rity, internal security, and counterterrorism oper9 ations, as well as the government agencies respon10 sible for such forces, to— 

11 (A) conduct border and maritime security, 

12 internal defense, and counterterrorism oper13 ations; and 

14 (B) participate in or support military, sta15 bility, or peace support operations consistent 

16 with United States foreign policy and national 

17 security interests. 

18 (2) Assistance may be provided for the justice 

19 sector (including law enforcement and prisons), rule 

20 of law programs, and stabilization efforts in those 

21 cases in which the Secretary of State, in consulta22 tion with the Secretary of Defense, determines that 

23 conflict or instability in a country or region chal24 lenges the existing capability of civilian providers to 

25 deliver such assistance. 


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1 (c) TYPES OF ASSISTANCE.— 

2 (1) AUTHORIZED ELEMENTS.—A program to 

3 provide the assistance under subsection (b)(1) may 

4 include the provision of equipment, supplies, and 

5 training. 

6 (2) REQUIRED ELEMENTS.—A program to pro7 vide the assistance under subsection (b)(1) shall in8 clude elements that promote— 

9 (A) observance of and respect for human 

10 rights and fundamental freedoms; and 

11 (B) respect for legitimate civilian authority 

12 within that country. 

13 (d) LIMITATIONS.— 

14 (1) ASSISTANCE OTHERWISE PROHIBITED BY

15 LAW.—The Secretary of Defense and the Secretary 

16 of State may not use the authority provided under 

17 subsection (b) to provide any type of assistance that 

18 is otherwise prohibited by any provision of law. 

19 (2) LIMITATION ON ELIGIBLE COUNTRIES.— 

20 The Secretary of Defense and the Secretary of State 

21 may not use the authority provided under subsection 

22 (b) to provide assistance to any foreign country that 

23 is otherwise prohibited from receiving such type of 

24 assistance under any other provision of law. 


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1 (e) FORMULATION AND APPROVAL OF ASSISTANCE

2 PROGRAMS.— 

3 (1) SECURITY PROGRAMS.—The Secretary of 

4 State and the Secretary of Defense shall jointly for5 mulate assistance programs under subsection (b)(1). 

6 Assistance programs to be carried out pursuant to 

7 subsection (b)(1) shall be approved by the Secretary 

8 of State, with the concurrence of the Secretary of 

9 Defense, prior to implementation. 

10 (2) JUSTICE SECTOR AND STABILIZATION PRO11 GRAMS.—The Secretary of State, in consultation 

12 with the Secretary of Defense, shall formulate assist13 ance programs under subsection (b)(2). Assistance 

14 programs to be carried out under the authority in 

15 subsection (b)(2) shall be approved by the Secretary 

16 of State, with the concurrence of the Secretary of 

17 Defense, prior to implementation. 

18 (f) RELATION TO OTHER AUTHORITIES.—The au19 thority to provide assistance under this section is in addi20 tion to any other authority to provide assistance to foreign 

21 nations. The administrative authorities of the Foreign As22 sistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be 

23 available to the Secretary of State with respect to funds 

24 made available to carry out this section. 

25 (g) TRANSFER AUTHORITY.— 


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1 (1) FOREIGN ASSISTANCE AND OTHER

2 FUNDS.—Funds available to the Department of 

3 State for foreign assistance may be transferred to 

4 the Fund by the Secretary of State. Funds available 

5 to the Department of Defense may be transferred to 

6 the Fund by the Secretary of Defense in accordance 

7 with established procedures for reprogramming 

8 under section 1001 of this Act and successor provi9 sions of law. Amounts transferred under this para10 graph shall be merged with funds made available 

11 under this section and remain available until ex12 pended as provided in subsection (i) for the purposes 

13 specified in subsection (b). 

14 (2) LIMITATION.—The total amount of funds 

15 appropriated and transferred to the Fund in any fis16 cal year shall not exceed $300,000,000. This limita17 tion does not apply to amounts contributed to the 

18 Fund under subsection (h). 

19 (3) TRANSFERS TO OTHER ACCOUNTS.—Funds 

20 made available to carry out assistance activities ap21 proved pursuant to subsection (c) may be trans22 ferred to accounts under the following authorities: 

23 (A) Section 1206 of the National Defense 

24 Authorization Act for Fiscal Year 2006 (Public 

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1 gram to build the capacity of foreign military 

2 forces). 

3 (B) Section 23 of the Arms Export Control 

4 Act (22 U.S.C. 2763; relating to foreign mili5 tary financing program). 

6 (C) Section 481 of the Foreign Assistance 

7 Act of 1961 (22 U.S.C. 2291; relating to inter8 national narcotics control and law enforcement). 

9 (D) Chapter 5 of part II of the Foreign 

10 Assistance Act of 1961 (22 U.S.C. 2347 et seq.; 

11 relating to international military education and 

12 training program). 

13 (E) Chapter 8 of part II of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2349aa et 

15 seq.; relating to antiterrorism assistance). 

16 (F) Complex Crises Fund of the Foreign 

17 Assistance Act of 1961 (title III of the Depart18 ment of State, Foreign Operations, and Related 

19 Programs Appropriations Act, 2010 (division F 

20 of Public Law 111–117; 123 Stat. 3327)). 

21 (4) ADDITIONAL AUTHORITIES.—The transfer 

22 authorities in paragraphs (1) and (3) are in addition 

23 to any other transfer authority available to the De24 partment of State or the Department of Defense. 


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1 (5) EFFECT ON AUTHORIZATION AMOUNTS.—A 

2 transfer of an amount to an account under the au3 thority provided in paragraph (3) shall be deemed to 

4 increase the amount authorized for such account by 

5 an amount equal to the amount transferred. 

6 (h) AUTHORITY TO ACCEPT GIFTS.—The Secretary 

7 of State may use money, funds, property, and services ac8 cepted pursuant to the authority of section 635(d) of the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 2395(d)) to 

10 fulfill the purposes of subsection (b). 

11 (i) AVAILABILITY OF FUNDS.—Amounts in the Fund 

12 shall remain available until September 30, 2015. 

13 (j) CONGRESSIONAL NOTIFICATION.— 

14 (1) SECURITY PROGRAMS.—Not less than 15 

15 days before initiating activities under a program of 

16 assistance under subsection (b)(1), the Secretary of 

17 Defense, with the concurrence of the Secretary of 

18 State, shall notify the specified congressional com19 mittees of the program to be initiated. 

20 (2) JUSTICE SECTOR AND STABILIZATION PRO21 GRAMS.—Not less than 15 days before initiating ac22 tivities under a program of assistance under sub23 section (b)(2), the Secretary of State, with the con24 currence of the Secretary of Defense, shall notify the 


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1 specified congressional committees of the program to 

2 be initiated. 

3 (3) EXERCISE OF TRANSFER AUTHORITY.—Not 

4 less than 15 days before a transfer under the au5 thority of subsection (g), the Secretary of State and 

6 the Secretary of Defense shall jointly notify the 

7 specified congressional committees of the transfer of 

8 funds into the Fund. 

9 (k) REPORTING REQUIREMENT.—The Secretary of 

10 State and the Secretary of Defense jointly shall provide 

11 a report quarterly to the specified congressional commit12 tees on obligations of funds or transfers into the Fund 

13 made during the preceding quarter. 

14 (l) SPECIFIED CONGRESSIONAL COMMITTEES.—In 

15 this section, the term ‘‘specified congressional commit16 tees’’ means— 

17 (1) the Committee on Armed Services, the 

18 Committee on Foreign Affairs, and the Committee 

19 on Appropriations of the House of Representatives; 

20 and 

21 (2) the Committee on Armed Services, the 

22 Committee on Foreign Relations, and the Committee 

23 on Appropriations of the Senate. 

24 (m) EXPIRATION.—The authority provided under 

25 this section may not be exercised after September 30, 


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1 2014, except with respect to amounts appropriated or 

2 transferred to the Fund prior to such date, which can con3 tinue to be obligated and expended as provided in sub4 section (i). 

5 (n) ADMINISTRATIVE EXPENSES.—Amounts in the 

6 Fund may be used for necessary administrative expenses. 

7 SEC. 1208. AUTHORITY TO BUILD THE CAPACITY OF CER8 TAIN COUNTERTERRORISM FORCES OF EAST 

9 AFRICAN COUNTRIES. 

10 (a) AUTHORITY.—The Secretary of Defense may, 

11 with the concurrence of the Secretary of State, provide 

12 assistance during fiscal years 2012 and 2013 as follows: 

13 (1) To enhance the capacity of the national 

14 military forces, security agencies serving a similar 

15 defense function, and border security forces of 

16 Djibouti, Ethiopia, and Kenya to conduct counter17 terrorism operations against al Qaeda, al Qaeda af18 filiates, and al Shabaab. 

19 (2) To enhance the capacity of national military 

20 forces participating in the African Union Mission in 

21 Somalia to conduct counterterrorism operations de22 scribed in paragraph (1). 

23 (b) TYPES OF ASSISTANCE.— 

24 (1) AUTHORIZED ELEMENTS.—Assistance 

25 under subsection (a) may include the provision of 


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1 equipment, supplies, training, and minor military 

2 construction. 

3 (2) REQUIRED ELEMENTS.—Assistance under 

4 subsection (a) shall be provided in a manner that 

5 promotes— 

6 (A) observance of and respect for human 

7 rights and fundamental freedoms; and 

8 (B) respect for legitimate civilian authority 

9 in the country receiving such assistance. 

10 (3) ASSISTANCE OTHERWISE PROHIBITED BY

11 LAW.—The Secretary of Defense may not use the 

12 authority in subsection (a) to provide any type of as13 sistance described in this subsection that is other14 wise prohibited by any provision of law. 

15 (c) FUNDING.— 

16 (1) IN GENERAL.—Of the amount authorized to 

17 be appropriated for each of fiscal years 2012 and 

18 2103 for the Department of Defense for operation 

19 and maintenance (other than operation and mainte20 nance for overseas contingency operations), 

21 $75,000,000 may be utilized to provide assistance 

22 under subsection (a). 

23 (2) AVAILABILITY OF FUNDS FOR ASSISTANCE

24 ACROSS FISCAL YEARS.—Amounts available under 

25 this subsection for the authority in subsection (a) 


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1 for a fiscal year may be used for assistance under 

2 that authority that begins in such fiscal year but 

3 ends in the next fiscal year. 

4 (d) NOTICE TO CONGRESS.— 

5 (1) IN GENERAL.—Not later than 30 days be6 fore providing assistance under subsection (a), the 

7 Secretary of Defense shall submit to the committees 

8 of Congress specified in paragraph (2) a notice set9 ting forth the assistance to be provided, including 

10 the types of such assistance, the budget for such as11 sistance, and the completion date for the provision 

12 of such assistance. 

13 (2) COMMITTEES OF CONGRESS.—The commit14 tees of Congress specified in this paragraph are— 

15 (A) the Committee on Armed Services, the 

16 Committee on Foreign Relations, and the Com17 mittee on Appropriations of the Senate; and 

18 (B) the Committee on Armed Services, the 

19 Committee on Foreign Affairs, and the Com20 mittee on Appropriations of the House of Rep21 resentatives. 


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1 SEC. 1209. SUPPORT OF FORCES PARTICIPATING IN OPER2 ATIONS TO DISARM THE LORD’S RESISTANCE 

3 ARMY. 

4 (a) AUTHORITY.—Pursuant to the policy established 

5 by the Lord’s Resistance Army Disarmament and North6 ern Uganda Recovery Act of 2009 (Public Law 111–172; 

7 124 Stat. 1209), the Secretary of Defense may, with the 

8 concurrence of Secretary of State, provide logistic support, 

9 supplies, and services and intelligence support for forces 

10 participating in operations to mitigate and eliminate the 

11 threat posed by the Lord’s Resistance Army as follows: 

12 (1) The national military forces of Uganda. 

13 (2) The national military forces of any other 

14 country determined by the Secretary of Defense, 

15 with the concurrence of the Secretary of State, to be 

16 participating in such operations. 

17 (b) PARTICIPATION OF UNITED STATES PER18 SONNEL.—No United States Armed Forces personnel, 

19 United States civilian employees, or United States civilian 

20 contractor personnel may participate in combat operations 

21 in connection with the provision of support under sub22 section (a), except for the purpose of acting in self-defense 

23 or of rescuing any United States citizen (including any 

24 member of the United States Armed Forces, any United 

25 States civilian employee, or any United States civilian con26 tractor). 


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1 (c) FUNDING.—Of the amount authorized to be ap2 propriated for the Department of Defense for each of fis3 cal years 2012 and 2013 for operation and maintenance, 

4 not more than $35,000,000 may be utilized in each such 

5 fiscal year to provide support under subsection (a). 

6 (d) LIMITATIONS.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 may not use the authority in subsection (a) to pro9 vide any type of support that is otherwise prohibited 

10 by any provision of law. 

11 (2) ELIGIBLE COUNTRIES.—The Secretary of 

12 Defense may not use the authority in subsection (a) 

13 to provide support to any foreign country that is 

14 otherwise prohibited from receiving such type of sup15 port under any other provision of law. 

16 (e) NOTICE TO CONGRESS ON ELIGIBLE COUN17 TRIES.—The Secretary of Defense may not provide sup18 port under subsection (a) for the national military forces 

19 of a country determined to be eligible for such support 

20 under that subsection until the Secretary notifies the ap21 propriate committees of Congress of the eligibility of the 

22 country for such support. 

23 (f) NOTICE TO CONGRESS ON SUPPORT TO BE PRO24 VIDED.—Not later than 5 days after the date on which 

25 funds are obligated to provide support under subsection 


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1 (a), the Secretary of Defense shall submit to the appro2 priate committees of Congress a notice setting forth the 

3 following: 

4 (1) The type of support to be provided. 

5 (2) The national military forces to be sup6 ported. 

7 (3) The objectives of such support. 

8 (4) The estimated cost of such support. 

9 (5) The intended duration of such support. 

10 (g) QUARTERLY REPORTS TO CONGRESS.—The Sec11 retary of State and the Secretary of Defense shall jointly 

12 submit to the appropriate committees of Congress on a 

13 quarterly basis a report on the obligation of funds under 

14 this section during the preceding quarter. 

15 (h) DEFINITIONS.—In this section: 

16 (1) The term ‘‘appropriate committees of Con17 gress’’ means— 

18 (A) the Committee on Armed Services, the 

19 Committee on Foreign Relations, and the Com20 mittee on Appropriations of the Senate; and 

21 (B) the Committee on Armed Services, the 

22 Committee on Foreign Affairs, and the Com23 mittee on Appropriations of the House of Rep24 resentatives. 


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1 (2) The term ‘‘logistic support, supplies, and 

2 services’’ has the meaning given that term in section 

3 2350(1) of title 10, United States Code. 

4 (i) EXPIRATION.—The authority provided under this 

5 section may not be exercised after September 30, 2013. 

6 Subtitle B—Matters Relating to 

7 Iraq, Afghanistan, and Pakistan 

8 SEC. 1221. EXTENSION AND MODIFICATION OF LOGISTICAL 

9 SUPPORT FOR COALITION FORCES SUP10 PORTING OPERATIONS IN IRAQ AND AFGHAN11 ISTAN. 

12 (a) EXTENSION.—Section 1234 of the National De13 fense Authorization Act for Fiscal Year 2008 (Public Law 

14 110–181; 122 Stat. 394), as amended by section 1218 of 

15 the Ike Skelton National Defense Authorization Act for 

16 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4394), 

17 is further amended by striking ‘‘fiscal year 2011’’ each 

18 place it appears and inserting ‘‘fiscal year 2012’’. 

19 (b) AMOUNT OF FUNDS AVAILABLE.—Subsection (d) 

20 of such section is amended by striking ‘‘$400,000,000’’ 

21 and inserting ‘‘$450,000,000’’. 

22 (c) ADDITIONAL LIMITATION ON AVAILABILITY OF

23 FUNDS.—Of the funds available for logistical support 

24 under such section during fiscal year 2012, not more than 

25 $200,000,000 may be obligated and expended until the 


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1 Secretary of Defense submits the report required by sec2 tion 1234 of the Ike Skelton National Defense Authoriza3 tion Act for Fiscal Year 2011 (124 Stat. 4397). 

4 SEC. 1222. ONE-YEAR EXTENSION OF AUTHORITY TO 

5 TRANSFER DEFENSE ARTICLES AND PRO6 VIDE DEFENSE SERVICES TO THE MILITARY 

7 AND SECURITY FORCES OF IRAQ AND AF8 GHANISTAN. 

9 (a) EXTENSION OF AUTHORITY.—Subsection (h) of 

10 section 1234 of the National Defense Authorization Act 

11 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

12 2532), as amended by section 1214 of the Ike Skelton Na13 tional Defense Authorization Act for Fiscal Year 2011 

14 (Public Law 111–383; 124 Stat. 4391), is further amend15 ed by striking ‘‘December 31, 2011’’ and inserting ‘‘De16 cember 31, 2012’’. 

17 (b) QUARTERLY REPORTS.—Subsection (f)(1) of 

18 such section, as so amended, is further amended by strik19 ing ‘‘and every 90 days thereafter through March 31, 

20 2012’’ and inserting ‘‘every 90 days thereafter through 

21 March 31, 2012, and at the end of each calendar quarter, 

22 if any, thereafter through March 31, 2013, in which the 

23 authority in subsection (a) is implemented’’. 


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1 SEC. 1223. ONE-YEAR EXTENSION OF AUTHORITIES APPLI2 CABLE TO THE PAKISTAN COUNTERINSUR3 GENCY FUND. 

4 (a) ONE-YEAR EXTENSION.—Subsection (h) of sec5 tion 1224 of the National Defense Authorization Act for 

6 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2521), 

7 as amended by section 1220(a) of the Ike Skelton Na8 tional Defense Authorization Act for Fiscal Year 2011 

9 (Public Law 111–383; 124 Stat. 4395), is further amend10 ed by striking ‘‘September 30, 2011’’ both places it ap11 pears and inserting ‘‘September 30, 2012’’. 

12 (b) CLARIFICATION OF SOURCE OF FUNDS FOR

13 FUND.—Subsection (a)(1)(A) of such section is amended 

14 by striking ‘‘for fiscal year 2009’’. 

15 SEC. 1224. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

16 FUNDS FOR REINTEGRATION ACTIVITIES IN 

17 AFGHANISTAN. 

18 Section 1216 of the Ike Skelton National Defense 

19 Authorization Act for Fiscal Year 2011 (Public Law 111– 

20 383; 124 Stat. 4392) is amended— 

21 (1) in subsection (a), by striking ‘‘fiscal year 

22 2011’’ and inserting ‘‘in each of fiscal years 2011 

23 and 2012’’; and 

24 (2) in subsection (e), by striking ‘‘December 31, 

25 2011’’ and inserting ‘‘December 31, 2012’’. 


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1 SEC. 1225. MODIFICATION OF AUTHORITY ON PROGRAM TO 

2 DEVELOP AND CARRY OUT INFRASTRUCTURE 

3 PROJECTS IN AFGHANISTAN. 

4 (a) FUNDING.—Subsection (f) of section 1217 of the 

5 Ike Skelton National Defense Authorization Act for Fiscal 

6 Year 2011 (Public Law 111–383; 124 Stat. 4393; 22 

7 U.S.C. 7513 note) is amended— 

8 (1) in paragraph (1), by inserting ‘‘or 2012’’ 

9 after ‘‘fiscal year 2011’’; and 

10 (2) in paragraph (2), by striking ‘‘until Sep11 tember 30, 2012.’’ and inserting ‘‘as follows: 

12 ‘‘(A) In the case of funds for fiscal year 

13 2011, until September 30, 2012. 

14 ‘‘(B) In the case of funds for fiscal year 

15 2012, until September 30, 2013.’’. 

16 (b) NOTICE TO CONGRESS.—Subsection (g) of such 

17 section is amended by striking ‘‘30 days’’ and inserting 

18 ‘‘15 days’’. 

19 SEC. 1226. ONE-YEAR EXTENSION OF AUTHORITY FOR RE20 IMBURSEMENT OF CERTAIN COALITION NA21 TIONS FOR SUPPORT PROVIDED TO UNITED 

22 STATES MILITARY OPERATIONS. 

23 (a) EXTENSION.—Subsection (a) of section 1233 of 

24 the National Defense Authorization Act for Fiscal Year 

25 2008 (Public Law 110–181; 122 Stat. 393), as amended 

26 by section 1223 of the National Defense Authorization Act 


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1 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

2 2519) and section 1213 of the Ike Skelton National De3 fense Authorization Act for Fiscal Year 2011 (Public Law 

4 111–383; 12 Stat. 4391), is further amended by striking 

5 ‘‘by section 1510 of the Ike Skelton National Defense Au6 thorization Act for Fiscal Year 2011’’ and inserting ‘‘for 

7 fiscal year 2012 for overseas contingency operations’’. 

8 (b) LIMITATION ON AMOUNT AVAILABLE.—Sub9 section (d)(1) of such section, as so amended, is further 

10 amended— 

11 (1) by striking ‘‘fiscal year 2010 or 2011’’ and 

12 inserting ‘‘fiscal year 2012’’; and 

13 (2) by striking ‘‘$1,600,000,000’’ and inserting 

14 ‘‘$1,750,000,000’’. 

15 (c) TECHNICAL AMENDMENT.—Subsection (c)(2) of 

16 such section, as so amended, is further amended by insert17 ing a comma after ‘‘Budget’’. 

18 (d) EXTENSION OF NOTICE REQUIREMENT RELAT19 ING TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT

20 PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the Na21 tional Defense Authorization Act for Fiscal Year 2008 

22 (122 Stat. 393), as most recently amended by section 

23 1213(d) of the Ike Skelton National Defense Authoriza24 tion Act for Fiscal Year 2011, is further amended by 


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1 striking ‘‘September 30, 2012’’ and inserting ‘‘September 

2 30, 2013’’. 

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

4 AFGHANISTAN. 

5 (a) REPORT ON PROGRESS TOWARD SECURITY AND

6 STABILITY IN AFGHANISTAN.—Section 1230(a) of the 

7 National Defense Authorization Act for Fiscal Year 2008 

8 (Public Law 110–181; 122 Stat. 385), as most recently 

9 amended by section 1231 of the Ike Skelton National De10 fense Authorization Act for Fiscal Year 2011 (Public Law 

11 111–383; 124 Stat. 4395), is further amended by striking 

12 ‘‘2012’’ and inserting ‘‘2014’’. 

13 (b) REPORT ON UNITED STATES PLAN FOR SUS14 TAINING AFGHANISTAN NATIONAL SECURITY FORCES.— 

15 Section 1231(a) of the National Defense Authorization 

16 Act for Fiscal Year 2008 (122 Stat. 390), as amended 

17 by section 1232 of the Ike Skelton National Defense Au18 thorization Act for Fiscal Year 2011 (124 Stat. 4395), 

19 is further amended by striking ‘‘2012’’ and inserting 

20 ‘‘2014’’. 


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1 SEC. 1228. AUTHORITY TO SUPPORT OPERATIONS AND AC2 TIVITIES OF THE OFFICE OF SECURITY CO3 OPERATION IN IRAQ. 

4 (a) AUTHORITY.—The Secretary of Defense may sup5 port United States Government transition activities in 

6 Iraq by providing funds for the following: 

7 (1) Operations and activities of the Office of 

8 Security Cooperation in Iraq. 

9 (2) Operations and activities of security assist10 ance teams in Iraq. 

11 (b) TYPES OF SUPPORT.—The operations and activi12 ties for which the Secretary may provide funds under the 

13 authority in subsection (a) may include life support, trans14 portation and personal security, and minor construction 

15 and renovation of facilities. 

16 (c) LIMITATION ON AMOUNT.—The total amount of 

17 funds provided under the authority in subsection (a) in 

18 fiscal year 2012 may not exceed $524,000,000. 

19 (d) SOURCE OF FUNDS.—Funds for purposes of sub20 section (a) for fiscal year 2012 shall be derived from 

21 amounts available for that fiscal year for operation and 

22 maintenance for the Air Force. 

23 (e) COVERAGE OF COSTS OF OSCI IN CONNECTION

24 WITH SALES OF DEFENSE ARTICLES OR DEFENSE SERV25 ICES TO IRAQ.—The President shall ensure that any letter 

26 of offer for the sale to Iraq of any defense articles or deVerDate Mar 15 2010 00:49 Jun 23, 2011 Jkt 099200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\S1254.RS S1254

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1 fense services issued after the date of the enactment of 

2 this Act includes, consistent with the provisions of the 

3 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

4 charges for administrative services sufficient to recover 

5 the pro rata costs of operations and activities of the Office 

6 of Security Cooperation in Iraq and associated security as7 sistance teams in Iraq in connection with such sale. 

8 SEC. 1229. BENCHMARKS TO EVALUATE THE PROGRESS 

9 BEING MADE TOWARD THE TRANSITION OF 

10 SECURITY RESPONSIBILITIES FOR AFGHANI11 STAN TO THE GOVERNMENT OF AFGHANI12 STAN. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) October 7, 2011, will mark the 10-year an16 niversary of the start of Operation Enduring Free17 dom in Afghanistan. 

18 (2) Military operations in Afghanistan have cost 

19 United States taxpayers more than 

20 $300,000,000,000 to date. 

21 (3) As of June 6, 2011, 1,599 members of the 

22 United States Armed Forces have lost their lives in 

23 support of Operation Enduring Freedom in Afghani24 stan and more than 11,000 have been wounded. 


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1 (4) On December 1, 2009, at a speech at the 

2 United States Military Academy at West Point, New 

3 York, President Barack Obama stated that the 

4 United States would begin the transfer of United 

5 States Armed Forces out of Afghanistan in July 

6 2011 with the pace of reductions to be based upon 

7 conditions on the ground. 

8 (5) In the December 2010 Afghanistan-Paki9 stan Annual Review, President Obama reaffirmed 

10 that the core goal of the United States strategy in 

11 Afghanistan is to disrupt, dismantle, and defeat al 

12 Qaeda. 

13 (6) In January 2010, participants at the Lon14 don Conference pledged to develop a plan for phased 

15 transition to Afghan security lead. The North Atlan16 tic Treaty Organization (NATO) and foreign min17 isters of the constituent elements of the Inter18 national Security Assistance Force (ISAF) endorsed 

19 the Joint Framework for Transition in April 2010, 

20 and President Obama and President Karzai of Af21 ghanistan committed to the process in a May 2010 

22 joint statement. 

23 (7) At the Kabul Conference in July 2010, the 

24 international community expressed its support for 

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1 stan National Security Forces (ANSF) should lead 

2 and conduct all military operations in all provinces 

3 in Afghanistan by the end of 2014, support that was 

4 later re-affirmed by North Atlantic Treaty Organiza5 tion and International Security Assistance Force 

6 member nations at the Lisbon Summit in November 

7 2010. 

8 (8) On May 1, 2011, in support of the goal to 

9 disrupt, dismantle, and defeat al Qaeda, President 

10 Obama authorized a United States operation that 

11 killed Osama bin Laden, leader of al Qaeda. While 

12 the impact of his death on al Qaeda remains to be 

13 seen, Secretary of Defense Robert Gates called the 

14 death of bin Laden a ‘‘game changer’’ in a speech 

15 on May 6, 2011. 

16 (b) BENCHMARKS REQUIRED.—The President shall 

17 establish, and may update from time to time, a com18 prehensive set of benchmarks to evaluate progress being 

19 made toward the objective of transitioning and transfer20 ring lead security responsibilities in Afghanistan to the 

21 Government of Afghanistan by December 31, 2014. 

22 (c) SUBMITTAL TO CONGRESS.—The President shall 

23 include the most current set of benchmarks established 

24 pursuant to subsection (a) with each report on progress 

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1 mitted to Congress under sections 1230 and 1231 of the 

2 National Defense Authorization Act for Fiscal Year 2008 

3 (Public Law 110–181; 122 Stat. 385, 390). 

4 Subtitle C—Reports and Other 

5 Matters 

6 SEC. 1241. REPORT ON PROGRESS OF THE AFRICAN UNION 

7 IN OPERATIONALIZING THE AFRICAN STAND8 BY FORCE. 

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

10 after the date of the enactment of this Act, the Under 

11 Secretary of Defense for Policy shall submit to the Com12 mittees on Armed Services of the Senate and the House 

13 of Representatives a report on the progress of the African 

14 Union in operationalizing the African Standby Force. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) An assessment of the existing personnel 

18 strengths and capabilities of each of the five regional 

19 brigades of the African Standby Force and their bri20 gade-level headquarters. 

21 (2) An assessment of the specific capacity22 building needs of the African Standby Force, includ23 ing with respect to supply management, information 

24 management, strategic planning, and other critical 

25 components. 


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1 (3) A description of the functionality of the 

2 supply depots of each brigade referred to in para3 graph (1), and current information on existing 

4 stocks of each such brigade. 

5 (4) An assessment of the capacity of the Afri6 can Union to manage the African Standby Force. 

7 (5) An assessment of inter-organizational co8 ordination on assistance to the African Union and 

9 the African Standby Force between multilateral do10 nors, including the United Nations, the European 

11 Union, and the North Atlantic Treaty Organization. 

12 (6) An assessment of the capacity of the Afri13 can Union to absorb additional international assist14 ance toward the development of a fully functional 

15 African Standby Force. 

16 SEC. 1242. COMPTROLLER GENERAL OF THE UNITED 

17 STATES REPORT ON THE NATIONAL GUARD 

18 STATE PARTNERSHIP PROGRAM. 

19 (a) REPORT REQUIRED.—Not later than March 31, 

20 2012, the Comptroller General of the United States shall 

21 submit to the Committee on Armed Services of the Senate 

22 and the Committee on Armed Services of the House of 

23 Representatives a report on the National Guard State 

24 Partnership Program. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A summary of the sources of funds for the 

4 State Partnership Program over the last five years. 

5 (2) An analysis of the types and frequency of 

6 activities performed by participants in the State 

7 Partnership Program. 

8 (3) A description of the objectives of the State 

9 Partnership Program and the manner in which ob10 jectives under the program are established and co11 ordinated with the Office of the Secretary of De12 fense, the geographic combatant commands, United 

13 States Country Teams, and other departments and 

14 agencies of the United States Government. 

15 (4) A description of the manner in which the 

16 Department of Defense selects and designates par17 ticular State and foreign country partnerships under 

18 the State Partnership Program. 

19 (5) A description of the manner in which the 

20 Department measures the effectiveness of the activi21 ties under the State Partnership Program in meet22 ing the objectives of the program. 

23 (6) An assessment by the Comptroller General 

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1 tivities under the State Partnership Program in 

2 meeting the objectives of the program. 

3 TITLE XIII—COOPERATIVE 

4 THREAT REDUCTION 

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS. 

7 (a) SPECIFICATION OF COOPERATIVE THREAT RE8 DUCTION PROGRAMS.—For purposes of section 301 and 

9 other provisions of this Act, Cooperative Threat Reduction 

10 programs are the programs specified in section 1501 of 

11 the National Defense Authorization Act for Fiscal Year 

12 1997 (50 U.S.C. 2632 note). 

13 (b) FISCAL YEAR 2012 COOPERATIVE THREAT RE14 DUCTION FUNDS DEFINED.—As used in this title, the 

15 term ‘‘fiscal year 2012 Cooperative Threat Reduction 

16 funds’’ means the funds appropriated pursuant to the au17 thorization of appropriations in section 301 and made 

18 available by the funding table in section 4301 for Coopera19 tive Threat Reduction programs. 

20 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

21 pursuant to the authorization of appropriations in section 

22 301 and made available by the funding table in section 

23 4301 for Cooperative Threat Reduction programs shall be 

24 available for obligation for fiscal years 2012, 2013, and 

25 2014. 


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1 SEC. 1302. FUNDING ALLOCATIONS. 

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

3 $508,219,000 authorized to be appropriated to the De4 partment of Defense for fiscal year 2012 in section 301 

5 and made available by the funding table in section 4301 

6 for Cooperative Threat Reduction programs, the following 

7 amounts may be obligated for the purposes specified: 

8 (1) For strategic offensive arms elimination, 

9 $63,221,000. 

10 (2) For chemical weapons destruction, 

11 $9,804,000. 

12 (3) For global nuclear security, $121,143,000. 

13 (4) For cooperative biological engagement, 

14 $259,470,000. 

15 (5) For proliferation prevention, $28,080,000. 

16 (6) For threat reduction engagement, 

17 $2,500,000. 

18 (7) For other assessments/administrative sup19 port, $24,001,000. 

20 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

21 FUNDS FOR OTHER PURPOSES.—No fiscal year 2012 Co22 operative Threat Reduction funds may be obligated or ex23 pended for a purpose other than a purpose listed in para24 graphs (1) through (7) of subsection (a) until 15 days 

25 after the date that the Secretary of Defense submits to 

26 Congress a report on the purpose for which the funds will 


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1 be obligated or expended and the amount of funds to be 

2 obligated or expended. Nothing in the preceding sentence 

3 shall be construed as authorizing the obligation or expend4 iture of fiscal year 2012 Cooperative Threat Reduction 

5 funds for a purpose for which the obligation or expendi6 ture of such funds is specifically prohibited under this title 

7 or any other provision of law. 

8 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

9 AMOUNTS.— 

10 (1) IN GENERAL.—Subject to paragraph (2), in 

11 any case in which the Secretary of Defense deter12 mines that it is necessary to do so in the national 

13 interest, the Secretary may obligate amounts appro14 priated for fiscal year 2012 for a purpose listed in 

15 paragraphs (1) through (7) of subsection (a) in ex16 cess of the specific amount authorized for that pur17 pose. 

18 (2) NOTICE-AND-WAIT REQUIRED.—An obliga19 tion of funds for a purpose stated in paragraphs (1) 

20 through (7) of subsection (a) in excess of the specific 

21 amount authorized for such purpose may be made 

22 using the authority provided in paragraph (1) only 

23 after— 

24 (A) the Secretary submits to Congress no25 tification of the intent to do so together with a 


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1 complete discussion of the justification for 

2 doing so; and 

3 (B) 15 days have elapsed following the 

4 date of the notification. 

5 SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISH6 MENT OF CENTERS OF EXCELLENCE IN 

7 COUNTRIES OUTSIDE OF THE FORMER SO8 VIET UNION. 

9 Not more than $500,000 of the fiscal year 2012 Co10 operative Threat Reduction funds may be obligated or ex11 pended to establish a center of excellence in a country that 

12 is not a state of the former Soviet Union until the date 

13 that is 15 days after the date on which the Secretary of 

14 Defense submits to the congressional defense committees 

15 a report that includes the following: 

16 (1) An identification of the country in which 

17 the center will be located. 

18 (2) A description of the purpose for which the 

19 center will be established. 

20 (3) The agreement under which the center will 

21 operate. 

22 (4) A funding plan for the center, including— 

23 (A) the amount of funds to be provided by 

24 the government of the country in which the cen25 ter will be located; and 


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1 (B) the percentage of the total cost of es2 tablishing and operating the center the funds 

3 described in subparagraph (A) will cover. 

4 TITLE XIV—OTHER 

5 AUTHORIZATIONS 

6 Subtitle A—Military Programs 

7 SEC. 1401. WORKING CAPITAL FUNDS. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2012 for the use of the Armed Forces and other 

10 activities and agencies of the Department of Defense for 

11 providing capital for working capital and revolving funds, 

12 as specified in the funding table in section 4401. 

13 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2012 for the National Defense Sealift Fund, 

16 as specified in the funding table in section 4401. 

17 SEC. 1403. DEFENSE HEALTH PROGRAM. 

18 Funds are hereby authorized to be appropriated for 

19 the Department of Defense for fiscal year 2012 for ex20 penses, not otherwise provided for, for the Defense Health 

21 Program, as specified in the funding table in section 4401. 

22 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC23 TION, DEFENSE. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

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1 ment of Defense for fiscal year 2012 for expenses, not oth2 erwise provided for, for Chemical Agents and Munitions 

3 Destruction, Defense, as specified in the funding table in 

4 section 4401. 

5 (b) USE.—Amounts authorized to be appropriated 

6 under subsection (a) are authorized for— 

7 (1) the destruction of lethal chemical agents 

8 and munitions in accordance with section 1412 of 

9 the Department of Defense Authorization Act, 1986 

10 (50 U.S.C. 1521); and 

11 (2) the destruction of chemical warfare materiel 

12 of the United States that is not covered by section 

13 1412 of such Act. 

14 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC15 TIVITIES, DEFENSE-WIDE. 

16 Funds are hereby authorized to be appropriated for 

17 the Department of Defense for fiscal year 2012 for ex18 penses, not otherwise provided for, for Drug Interdiction 

19 and Counter-Drug Activities, Defense-wide, as specified in 

20 the funding table in section 4401. 

21 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

22 Funds are hereby authorized to be appropriated for 

23 the Department of Defense for fiscal year 2012 for ex24 penses, not otherwise provided for, for the Office of the 


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1 Inspector General of the Department of Defense, as speci2 fied in the funding table in section 4401. 

3 Subtitle B—National Defense 

4 Stockpile 

5 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

6 STOCKPILE FUNDS. 

7 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis8 cal year 2012, the National Defense Stockpile Manager 

9 may obligate up to $50,107,320 of the funds in the Na10 tional Defense Stockpile Transaction Fund established 

11 under subsection (a) of section 9 of the Strategic and Crit12 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

13 authorized uses of such funds under subsection (b)(2) of 

14 such section, including the disposal of hazardous materials 

15 that are environmentally sensitive. 

16 (b) ADDITIONAL OBLIGATIONS.—The National De17 fense Stockpile Manager may obligate amounts in excess 

18 of the amount specified in subsection (a) if the National 

19 Defense Stockpile Manager notifies Congress that extraor20 dinary or emergency conditions necessitate the additional 

21 obligations. The National Defense Stockpile Manager may 

22 make the additional obligations described in the notifica23 tion after the end of the 45-day period beginning on the 

24 date on which Congress receives the notification. 


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1 (c) LIMITATIONS.—The authorities provided by this 

2 section shall be subject to such limitations as may be pro3 vided in appropriations Acts. 

4 SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES 

5 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

6 FROM THE NATIONAL DEFENSE STOCKPILE. 

7 Section 3402(b) of the National Defense Authoriza8 tion Act for Fiscal Year 2000 (Public Law 106–65; 50 

9 U.S.C. 98d note), as most recently amended by section 

10 1412 of the Ike Skelton National Defense Authorization 

11 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

12 4412), is further amended by striking ‘‘$730,000,000 by 

13 the end of fiscal year 2013’’ in paragraph (5) and insert14 ing ‘‘$830,000,000 by the end of fiscal year 2016’’. 

15 Subtitle C—Armed Forces 

16 Retirement Home 

17 PART I—AUTHORIZATION OF APPROPRIATIONS 

18 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS. 

19 There is hereby authorized to be appropriated for fis20 cal year 2012 from the Armed Forces Retirement Home 

21 Trust Fund the sum of $67,700,000 for the operation of 

22 the Armed Forces Retirement Home. 


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1 PART II—ARMED FORCES RETIREMENT HOME 

2 AUTHORITIES 

3 SEC. 1422. AMENDMENT OF ARMED FORCES RETIREMENT 

4 HOME ACT OF 1991. 

5 Except as otherwise expressly provided, whenever in 

6 this part an amendment or repeal is expressed in terms 

7 of an amendment to, or a repeal of, a section or other 

8 provision, the reference shall be considered to be made to 

9 a section or other provision of the Armed Forces Retire10 ment Home Act of 1991 (title XV of Public Law 101– 

11 510; 24 U.S.C. 401 et seq.). 

12 SEC. 1423. ANNUAL VALIDATION OF MULTIYEAR ACCREDI13 TATION. 

14 (a) IN GENERAL.—Section 1511(g) (24 U.S.C. 

15 411(g)) is amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘The Chief Oper17 ating Officer shall’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2)(A) If the Chief Operating Officer secures ac21 creditation for a facility of the Retirement Home (or for 

22 any aspect of a facility of the Retirement Home) that is 

23 effective for a period of more than one year, for each year 

24 after the first year for which such accreditation is in ef25 fect, the Chief Operating Officer shall seek to obtain, from 

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1 tion of the accreditation. The requirement in the preceding 

2 sentence shall not apply with respect to a facility of the 

3 Retirement Home for any year for which the Inspector 

4 General of the Department of Defense conducts an inspec5 tion of that facility under section 1518(b). 

6 ‘‘(B) In carrying out subparagraph (A) with respect 

7 to validation of an accreditation, the Chief Operating Offi8 cer may substitute another nationally recognized civilian 

9 accrediting organization if the organization that awarded 

10 the accreditation is not available.’’. 

11 (b) CONFORMING AMENDMENT.—The heading of 

12 such section is amended by inserting ‘‘AND ANNUAL VALI13 DATION’’ after ‘‘ACCREDITATION’’. 

14 SEC. 1424. CLARIFICATION OF DUTIES OF SENIOR MEDICAL 

15 ADVISOR. 

16 Section 1513A(c) (24 U.S.C. 413a(c)) is amended— 

17 (1) in paragraph (3)— 

18 (A) by striking ‘‘and inspect’’ after ‘‘Peri19 odically visit’’; and 

20 (B) by inserting before the period the fol21 lowing: ‘‘and review medical reports, inspec22 tions, and records audits to make sure appro23 priate follow-up has been made’’; and 

24 (2) by striking paragraphs (4) and (5). 


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1 SEC. 1425. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES 

2 FOR EACH FACILITY WITH SINGLE ADVISORY 

3 COUNCIL. 

4 (a) ESTABLISHMENT OF AFRH ADVISORY COUN5 CIL.—Section 1516 (24 U.S.C. 416) is amended to read 

6 as follows: 

7 ‘‘SEC. 1516. ADVISORY COUNCIL. 

8 ‘‘(a) ESTABLISHMENT.—The Retirement Home shall 

9 have an Advisory Council, to be known as the ‘Armed 

10 Forces Retirement Home Advisory Council’. The Advisory 

11 Council shall serve the interests of both facilities of the 

12 Retirement Home. 

13 ‘‘(b) COMPOSITION; TERMS OF SERVICE.—(1) The 

14 Advisory Council shall consist of at least 11 members, 

15 each of whom shall be a full or part-time Federal employee 

16 and at least one of whom shall be from the Department 

17 of Veterans Affairs. Members of the Advisory Council shall 

18 be designated by the Secretary of Defense, except that a 

19 member who is an employee of a department or agency 

20 outside of the Department of Defense shall be designated 

21 by the head of such department or agency in consultation 

22 with the Secretary of Defense. 

23 ‘‘(2)(A) Except as provided in subparagraphs (B) 

24 and (C), the term of service of a member of the Advisory 

25 Council shall be two years. A member may be designated 

26 to serve one additional term. 


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1 ‘‘(B) Unless earlier terminated by the Secretary of 

2 Defense, a person may continue to serve as a member of 

3 the Advisory Council after the expiration of the member’s 

4 term until a successor is designated. 

5 ‘‘(C) The Secretary of Defense may terminate the ap6 pointment of a member of the Advisory Council before the 

7 expiration of the member’s term for any reason that the 

8 Secretary determines appropriate. 

9 ‘‘(3) The Secretary of Defense shall designate one 

10 member of the Advisory Council to serve as the chair of 

11 the Advisory Council. 

12 ‘‘(c) DUTIES.—(1) The Advisory Council shall pro13 vide to the Chief Operating Officer and the Administrator 

14 of each facility such observations, advice, and rec15 ommendations regarding the Retirement Home as the Ad16 visory Council considers appropriate. 

17 ‘‘(2) Not less often than annually, the Advisory Coun18 cil shall submit to the Secretary of Defense a report sum19 marizing its activities during the preceding year and pro20 viding such observations and recommendations with re21 spect to the Retirement Home as the Advisory Council 

22 considers appropriate. 

23 ‘‘(3) In carrying out its duties, the Advisory Council 

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1 resentative of the resident advisory committee of each fa2 cility of the Retirement Home.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) DEFINITION.—Paragraph (2) of section 

5 1502 (24 U.S.C. 401) is amended to read as follows: 

6 ‘‘(2) The term ‘Advisory Council’ means the 

7 Armed Forces Retirement Home Advisory Council 

8 established by section 1516.’’. 

9 (2) RESPONSIBILITIES AND DUTIES OF SENIOR

10 MEDICAL ADVISOR.—Section 1513A(b) (24 U.S.C. 

11 413a(b)) is amended— 

12 (A) in paragraph (1), by striking ‘‘and the 

13 Chief Operating Officer’’ and inserting ‘‘, the 

14 Chief Operating Officer, and the Advisory 

15 Council’’; and 

16 (B) in paragraph (2), by striking ‘‘to the 

17 Local Board’’ and all that follows and inserting 

18 ‘‘to the Advisory Council regarding all medical 

19 and medical administrative matters of each fa20 cility of the Retirement Home.’’. 

21 (3) RESPONSIBILITIES OF CHIEF OPERATING

22 OFFICER.—Section 1515(c)(2) (24 U.S.C. 415(c)(2)) 

23 is amended by striking ‘‘, including the Local 

24 Boards of those facilities’’. 


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1 (4) INSPECTION OF RETIREMENT HOME.—Sec2 tion 1518 (24 U.S.C. 418) is amended by striking 

3 ‘‘Local Board for the facility’’ each place it appears 

4 and inserting ‘‘Advisory Council’’. 

5 SEC. 1426. ADMINISTRATORS AND OMBUDSMEN OF FACILI6 TIES. 

7 (a) LEADERSHIP OF FACILITIES OF THE RETIRE8 MENT HOME.—Section 1517 (24 U.S.C. 417) is amend9 ed— 

10 (1) in subsection (a), by striking ‘‘a Director, a 

11 Deputy Director, and an Associate Director’’ and in12 serting ‘‘an Administrator and an Ombudsman’’; 

13 (2) in subsections (b) and (c), by striking ‘‘Di14 rector’’ each place it appears and inserting ‘‘Admin15 istrator’’; 

16 (3) by striking subsections (d) and (e) and re17 designating subsections (f), (g), (h), and (i) as sub18 sections (d), (e), (f), and (g), respectively; 

19 (4) in subsection (d), as so redesignated, by 

20 striking ‘‘Associate Director’’ each place it appears 

21 and inserting ‘‘Ombudsman’’; 

22 (5) in subsection (e), as so redesignated— 

23 (A) by striking ‘‘Associate Director’’ and 

24 inserting ‘‘Ombudsman’’; 


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1 (B) by striking ‘‘Director and Deputy Di2 rector’’ and inserting ‘‘Administrator’’; and 

3 (C) by striking ‘‘Director may’’ and insert4 ing ‘‘Administrator may’’; 

5 (6) in subsection (f), as so redesignated, by 

6 striking ‘‘Director’’ each place it appears and insert7 ing ‘‘Administrator’’; and 

8 (7) in subsection (g), as so redesignated— 

9 (A) in paragraph (1), by striking ‘‘Direc10 tors’’ and inserting ‘‘Administrators’’; and 

11 (B) in paragraph (2), by striking ‘‘a Direc12 tor’’ and inserting ‘‘an Administrator’’. 

13 (b) CLERICAL AMENDMENTS.—Such section is fur14 ther amended— 

15 (1) in the headings of subsections (b) and (c), 

16 by striking ‘‘DIRECTOR’’ and inserting ‘‘ADMINIS17 TRATOR’’; 

18 (2) in the headings of subsection (d) and (e), as 

19 redesignated by subsection (a)(3), by striking ‘‘AS20 SOCIATE DIRECTOR’’ and inserting ‘‘OMBUDSMAN’’; 

21 and 

22 (3) in the heading of subsection (g), as so re23 designated, by striking ‘‘DIRECTORS’’ and inserting 

24 ‘‘ADMINISTRATORS’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) The following provisions are amended by 

2 striking ‘‘Director’’ each place it appears and insert3 ing ‘‘Administrator’’: sections 1511(d)(2), 1512(c), 

4 1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 

5 1522, and 1523(b) (24 U.S.C. 411(d)(2), 412(c), 

6 414(a), 418(c), 418(d)(2), 420, 422, 423(b)). 

7 (2) Sections 1514(b) and 1520(c) (24 U.S.C. 

8 414(b), 420(c)) are amended by striking ‘‘Directors’’ 

9 and inserting ‘‘Administrators’’. 

10 SEC. 1427. INSPECTION REQUIREMENTS. 

11 Section 1518 (24 U.S.C. 418) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘In any year in which 

15 a facility of the Retirement Home is not 

16 inspected by a nationally recognized civil17 ian accrediting organization,’’ and insert18 ing ‘‘Not less often than every three 

19 years,’’; 

20 (ii) by striking ‘‘of that facility’’ and 

21 inserting ‘‘of each facility of the Retire22 ment Home’’; 

23 (iii) by inserting ‘‘long-term care,’’ 

24 after ‘‘assisted living,’’; and 

25 (iv) by striking ‘‘or council’’; and 


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1 (B) in paragraph (3), by striking ‘‘or coun2 cil’’; 

3 (2) in subsection (c)— 

4 (A) by striking paragraph (2); 

5 (B) by designating the second sentence as 

6 a new paragraph (2) and indenting such para7 graph, as so designated, two ems from the left 

8 margin; and 

9 (C) in such paragraph (2), as so des10 ignated— 

11 (i) by striking ‘‘45 days’’ and insert12 ing ‘‘90 days’’; and 

13 (ii) by adding at the end the following 

14 new sentence: ‘‘The report shall include the 

15 plan of the Chief Operating Officer to ad16 dress the recommendations and other mat17 ters set forth in the report.’’; and 

18 (3) in subsection (e)(1)— 

19 (A) by striking ‘‘45 days’’ and inserting 

20 ‘‘60 days’’; 

21 (B) by striking ‘‘Director of the facility 

22 concerned’’ and inserting ‘‘Chief Operating Of23 ficer’’; and 

24 (C) by striking ‘‘, the Chief Operating Of25 ficer,’’ after ‘‘Secretary of Defense’’. 


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1 SEC. 1428. REPEAL OF OBSOLETE PROVISIONS. 

2 Part B, relating to transitional provisions for the 

3 Armed Forces Retirement Home Board and the Directors 

4 and Deputy Directors of the facilities of the Armed Forces 

5 Retirement Home, is repealed. 

6 SEC. 1429. TECHNICAL, CONFORMING, AND CLERICAL 

7 AMENDMENTS. 

8 (a) CORRECTION OF OBSOLETE REFERENCES TO RE9 TIREMENT HOME BOARD.— 

10 (1) ARMED FORCES RETIREMENT HOME ACT.— 

11 Section 1519(a)(2) (24 U.S.C. 419(a)(2)) is amend12 ed by striking ‘‘Retirement Home Board’’ and in13 serting ‘‘Chief Operating Officer’’. 

14 (2) TITLE 10, USC.—Section 2772(b) of title 

15 10, United States Code, is amended by striking 

16 ‘‘Armed Forces Retirement Home Board’’ and in17 serting ‘‘Chief Operating Officer of the Armed 

18 Forces Retirement Home’’. 

19 (b) SECTION HEADINGS.— 

20 (1) SECTION 1501.—The heading of section 

21 1501 is amended to read as follows: 

22 ‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 

23 (2) SECTION 1513.—The heading of section 

24 1513 is amended to read as follows: 


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1 ‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 

2 (3) SECTION 1513A.—The heading of section 

3 1513A is amended to read as follows: 

4 ‘‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO 

5 RESIDENTS.’’. 

6 (4) SECTION 1517.—The heading of section 

7 1517 is amended to read as follows: 

8 ‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 

9 FACILITIES.’’. 

10 (5) SECTION 1518.—The heading of section 

11 1518 is amended to read as follows: 

12 ‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME 

13 FACILITIES BY DEPARTMENT OF DEFENSE 

14 INSPECTOR GENERAL AND OUTSIDE INSPEC15 TORS.’’. 

16 (6) PUNCTUATION.—The headings of sections 

17 1512 and 1520 are each amended by adding a pe18 riod at the end. 

19 (c) PART A HEADER.—The heading for part A is re20 pealed. 

21 (d) TABLE OF CONTENTS.—The table of contents in 

22 section 1501(b) is amended— 

23 (1) by striking the item relating to the heading 

24 for part A; 


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1 (2) by striking the items relating to sections 

2 1513 and 1513A and inserting the following new 

3 items: 

‘‘Sec. 1513. Services provided to residents. 

‘‘Sec. 1513A. Oversight of health care provided to residents.’’; 

4 (3) by striking the items relating to sections 

5 1516, 1517, and 1518 and inserting the following 

6 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 

7 (4) by striking the items relating to part B (in8 cluding the items relating to sections 1531, 1532, 

9 and 1533). 

10 Subtitle D—Other Matters 

11 SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

12 DEPARTMENT OF DEFENSE–DEPARTMENT OF 

13 VETERANS AFFAIRS MEDICAL FACILITY DEM14 ONSTRATION FUND FOR CAPTAIN JAMES A. 

15 LOVELL HEALTH CARE CENTER, ILLINOIS. 

16 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Funds 

17 authorized to be appropriated by section 1403 and avail18 able for Defense Health Program for operation and main19 tenance as specified in the funding table in section 4401 

20 may be transferred by the Secretary of Defense to the 

21 Joint Department of Defense–Department of Veterans Af22 fairs Medical Facility Demonstration Fund established by 


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1 subsection (a)(1) of section 1704 of the National Defense 

2 Authorization Act for Fiscal Year 2010 (Public Law 111– 

3 84; 123 Stat. 2571). For purposes of subsection (a)(2) 

4 of such section 1704, any funds so transferred shall be 

5 treated as amounts authorized and appropriated for the 

6 Department of Defense specifically for such transfer. 

7 (b) USE OF TRANSFERRED FUNDS.—For purposes 

8 of subsection (b) of such section 1704, facility operations 

9 for which funds transferred under subsection (a) may be 

10 used are operations of the Captain James A. Lovell Fed11 eral Health Care Center, consisting of the North Chicago 

12 Veterans Affairs Medical Center, the Navy Ambulatory 

13 Care Center, and supporting facilities designated as a 

14 combined Federal medical facility under an operational 

15 agreement pursuant to section 706 of the Duncan Hunter 

16 National Defense Authorization Act for Fiscal Year 2009 

17 (Public Law 110–417; 122 Stat. 455). 


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1 TITLE XV—AUTHORIZATION OF 

2 APPROPRIATIONS FOR OVER3 SEAS CONTINGENCY OPER4 ATIONS 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 1501. PURPOSE. 

8 The purpose of this subtitle is to authorize appropria9 tions for the Department of Defense for fiscal year 2012 

10 to provide additional funds for overseas contingency oper11 ations being carried out by the Armed Forces. 

12 SEC. 1502. PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2012 for procurement accounts for the Army, 

15 the Navy and the Marine Corps, the Air Force, and De16 fense-wide activities, as specified in the funding table in 

17 section 4102. 

18 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2012 for the use of the Department of Defense 

22 for research, development, test, and evaluation, as speci23 fied in the funding table in section 4202. 


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1 SEC. 1504. OPERATION AND MAINTENANCE. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2012 for the use of the Armed Forces and other 

4 activities and agencies of the Department of Defense for 

5 expenses, not otherwise provided for, for operation and 

6 maintenance, as specified in the funding table in section 

7 4302. 

8 SEC. 1505. MILITARY PERSONNEL. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2012 for the Department of Defense for mili11 tary personnel in the amount of $11,228,566,000. 

12 SEC. 1506. WORKING CAPITAL FUNDS. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2012 for the use of the Armed Forces and other 

15 activities and agencies of the Department of Defense for 

16 providing capital for working capital and revolving funds, 

17 as specified in the funding table in section 4402. 

18 SEC. 1507. DEFENSE HEALTH PROGRAM. 

19 Funds are hereby authorized to be appropriated for 

20 the Department of Defense for fiscal year 2012 for ex21 penses, not otherwise provided for, for the Defense Health 

22 Program, as specified in the funding table in section 4402. 

23 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC24 TIVITIES, DEFENSE-WIDE. 

25 Funds are hereby authorized to be appropriated for 

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1 penses, not otherwise provided for, for Drug Interdiction 

2 and Counter-Drug Activities, Defense-wide, as specified in 

3 the funding table in section 4402. 

4 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

5 Funds are hereby authorized to be appropriated for 

6 the Department of Defense for fiscal year 2012 for ex7 penses, not otherwise provided for, for the Office of the 

8 Inspector General of the Department of Defense, as speci9 fied in the funding table in section 4402. 

10 Subtitle B—Financial Matters 

11 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

12 The amounts authorized to be appropriated by this 

13 title are in addition to amounts otherwise authorized to 

14 be appropriated by this Act. 

15 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

16 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

17 (1) AUTHORITY.—Upon determination by the 

18 Secretary of Defense that such action is necessary in 

19 the national interest, the Secretary may transfer 

20 amounts of authorizations made available to the De21 partment of Defense in this title for fiscal year 2012 

22 between any such authorizations for that fiscal year 

23 (or any subdivisions thereof). Amounts of authoriza24 tions so transferred shall be merged with and be 


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1 available for the same purposes as the authorization 

2 to which transferred. 

3 (2) LIMITATION.—The total amount of author4 izations that the Secretary may transfer under the 

5 authority of this subsection may not exceed 

6 $4,000,000,000. 

7 (b) TERMS AND CONDITIONS.—Transfers under this 

8 section shall be subject to the same terms and conditions 

9 as transfers under section 1001. 

10 (c) ADDITIONAL AUTHORITY.—The transfer author11 ity provided by this section is in addition to the transfer 

12 authority provided under section 1001. 

13 Subtitle C—Other Matters 

14 SEC. 1531. ONE-YEAR EXTENSION AND MODIFICATION OF 

15 AUTHORITY FOR TASK FORCE FOR BUSINESS 

16 AND STABILITY OPERATIONS IN AFGHANI17 STAN. 

18 (a) ENHANCEMENT OF AUTHORITY.—Subsection (a) 

19 of section 1535 of the Ike Skelton National Defense Au20 thorization Act for Fiscal Year 2011 (Public Law 111– 

21 383; 124 Stat. 4426) is amended— 

22 (1) in paragraph (3), by striking ‘‘may include 

23 projects’’ and all that follows and inserting ‘‘may in24 clude projects that facilitate private investment, min25 ing sector development, industrial development, and 


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1 other projects determined by the Secretary of De2 fense, with the concurrence of the Secretary of 

3 State, as strengthening stability or providing stra4 tegic support to the counterinsurgency campaign in 

5 Afghanistan.’’; 

6 (2) in paragraph (4), by striking ‘‘The’’ and in7 serting ‘‘During each of fiscal years 2011 and 2012, 

8 the’’; 

9 (3) by redesignating paragraphs (5), (6), and 

10 (7) as paragraphs (6), (7), and (8), respectively; and 

11 (4) by inserting after paragraph (4) the fol12 lowing new paragraph (5): 

13 ‘‘(5) AVAILABILITY OF FUNDS FOR ACTIVITIES

14 ACROSS FISCAL YEARS.—Amounts available to carry 

15 out the authority in paragraph (1) shall be available 

16 for projects under that authority that begin in a fis17 cal year and end in the following fiscal year.’’. 

18 (b) ONE-YEAR EXTENSION OF AUTHORITY.—Para19 graph (8) of such subsection, as redesignated by sub20 section (a)(3) of this section, is further amended to read 

21 as follows: 

22 ‘‘(8) EXPIRATION OF AUTHORITY.—A project 

23 may not be commenced under the authority in para24 graph (1) after September 30, 2012.’’. 


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1 (c) ANNUAL REPORTS.—Paragraph (7) of such sub2 section, as so redesignated, is further amended— 

3 (1) in the matter preceding subparagraph (A), 

4 by striking ‘‘, 2011’’ and inserting ‘‘of each year fol5 lowing a fiscal year in which the authority in para6 graph (1) is exercised’’; and 

7 (2) in subparagraph (A), by striking ‘‘during 

8 fiscal year 2011’’ and inserting ‘‘during that fiscal 

9 year’’. 

10 (d) AUTHORITY FOR ADDITIONAL REPRESENTATIVES

11 ON TASK FORCE.—Such section is further amended— 

12 (1) by redesignating subsections (c) and (d) as 

13 subsections (d) and (e), respectively; and 

14 (2) by inserting after subsection (b) the fol15 lowing new subsection (c): 

16 ‘‘(c) ADDITIONAL MEMBERS.—The members of the 

17 Task Force for Business and Stability Operations in Af18 ghanistan may include the following: 

19 ‘‘(1) A representative of the Department of 

20 State, designated by the Secretary of State. 

21 ‘‘(2) A representative of the United States 

22 Agency for International Development, designated 

23 by the Administrator of the United States Agency 

24 for International Development.’’. 


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1 SEC. 1532. MODIFICATION OF AVAILABILITY OF FUNDS IN 

2 AFGHANISTAN SECURITY FORCES FUND. 

3 (a) LIMITATIONS.—Funds available to the Depart4 ment of Defense for the Afghanistan Security Forces 

5 Fund for fiscal year 2012 shall be subject to the condi6 tions contained in subsections (b) through (g) of section 

7 1513 of the National Defense Authorization Act for Fiscal 

8 Year 2008 (Public Law 110–181; 122 Stat. 428), as 

9 amended by section 1531(b) of the Ike Skelton National 

10 Defense Authorization Act for Fiscal Year 2011 (Public 

11 Law 111–383; 124 Stat. 4424). 

12 (b) AVAILABILITY FOR LITERACY INSTRUCTION AND

13 TRAINING.—Assistance provided utilizing funds in the Af14 ghanistan Security Forces Fund may include literacy in15 struction and training to build the logistical, management, 

16 and administrative capacity of military and civilian per17 sonnel of the Ministry of Defense and Ministry of Interior, 

18 including through instruction at training facilities of the 

19 North Atlantic Treaty Organization Training Mission in 

20 Afghanistan. 

21 SEC. 1533. LIMITATION ON AVAILABILITY OF FUNDS FOR 

22 TRANS REGIONAL WEB INITIATIVE. 

23 None of the amounts authorized to be appropriated 

24 by this Act may be obligated or expended on any program 

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1 retary of Defense certifies, in writing, to the Committees 

2 on Armed Services of the Senate and the House of Rep3 resentatives that such program— 

4 (1) appropriately defines its target audience; 

5 (2) is determined to be the most effective meth6 od to reach such target audience; 

7 (3) is the most cost-effective means of reaching 

8 such target audience; and 

9 (4) includes measurement mechanisms to en10 sure such target audience is being reached. 

11 SEC. 1534. REPORT ON LESSONS LEARNED FROM DEPART12 MENT OF DEFENSE PARTICIPATION ON 

13 INTERAGENCY TEAMS FOR COUNTERTER14 RORISM OPERATIONS IN AFGHANISTAN AND 

15 IRAQ. 

16 (a) REPORT REQUIRED.—Not later than one year 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense shall submit to the congressional defense com19 mittees a report on the lessons learned from Department 

20 of Defense participation on interagency teams for counter21 terrorism operations on Afghanistan and Iraq. 

22 (b) ELEMENTS.—The report required by subsection 

23 (a) shall include the following: 

24 (1) An assessment of the value of interagency 

25 teams in counterterrorism operations. 


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1 (2) A description of the best practices of such 

2 interagency teams. 

3 (3) A description of efforts to codify the best 

4 practices of interagency teams described under para5 graph (2) in military doctrine. 

6 (4) An assessment whether the lessons learned 

7 through Department of Defense participation on 

8 such interagency teams is applicable to other inter9 agency teams in which Department personnel par10 ticipate. 

11 (5) An assessment of the feasibility and advis12 ability of adding a skill identifier to track Depart13 ment civilian and military personnel who have suc14 cessfully supported, participated on, or led an inter15 agency team. 

16 (6) A description of the additional authorities, 

17 if any, needed to permit Department personnel to 

18 more effectively support, participate on, or lead an 

19 interagency team. 


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Calendar No. 81 

112TH CONGRESS 

1ST SESSION S. 1254 

A BILL 

To authorize appropriations for fiscal year 2012 for 

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

JUNE 22, 2011 

Read twice and placed on the calendar 


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