112TH CONGRESS 

1ST SESSION S. 1867 

AN ACT 

To authorize appropriations for fiscal year 2012 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 
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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 ‘‘National Defense Au5 thorization Act for Fiscal Year 2012’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into four divi9 sions as follows: 

10 (1) Division A–Department of Defense Author11 izations. 

12 (2) Division B–Military Construction Author13 izations. 

14 (3) Division C–Department of Energy National 

15 Security Authorizations and Other Authorizations. 

16 (4) Division D–Funding Tables. 

17 (5) Division E–SBIR and STTR Reauthoriza18 tion. 

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

20 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; 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. 
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Subtitle B—Navy Programs 

Sec. 121. Multiyear procurement authority for mission avionics and common 

cockpits for Navy MH–60R/S helicopters. 

Subtitle C—Air Force Programs 

Sec. 131. Procurement of advanced extremely high frequency satellites. 

Sec. 132. Availability of fiscal year 2011 funds for research and development 

relating to the B–2 bomber aircraft. 

Sec. 133. Availability of fiscal year 2011 funds to support alternative options 

for extremely high frequency terminal Increment 1 program of 

record. 

Sec. 134. Limitations on use of funds to retire B–1 bomber aircraft. 

Sec. 135. Limitation on retirement of U–2 aircraft. 

Sec. 136. Strategic airlift aircraft force structure. 

Sec. 137. Limitation on retirement of C–23 aircraft. 

Subtitle D—Joint and Multiservice Matters 

Sec. 151. Inclusion of information on approved Combat Mission Requirements 

in quarterly reports on use of Combat Mission Requirement 

funds. 

Sec. 152. F–35 Joint Strike Fighter aircraft. 

Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform 

Act of 2009 measures within the Joint Strike Fighter aircraft 

program. 

Sec. 154. Multiyear procurement authority for airframes for Army UH–60M/ 

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

Sec. 155. Designation of undersea mobility acquisition program of the United 

States Special Operations Command as a major defense acquisition program. 

Sec. 156. Transfer of Air Force C–12 Liberty Intelligence, Surveillance, and 

Reconnaissance aircraft to the Army. 

Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-engining 

program. 

Sec. 158. Report on probationary period in development of short take-off, 

vertical landing variant of the Joint Strike Fighter. 

Sec. 159. Authority for exchange with United Kingdom of specified F–35 

Lightning II Joint Strike Fighter aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Prohibitions relating to use of funds for research, development, test, 

and evaluation on the F136 engine. 

Sec. 212. Limitation on use of funds for Increment 2 of B–2 bomber aircraft 

extremely high frequency satellite communications program. 

Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike. 

Sec. 214. Marine Corps ground combat vehicles. 

Subtitle C—Missile Defense Matters 
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Sec. 231. Enhanced oversight of missile defense acquisition programs. 

Sec. 232. Ground-based Midcourse Defense Program. 

Sec. 233. Missile defense cooperation with Russia. 

Sec. 234. Report on the United States missile defense hedging strategy. 

Subtitle D—Reports 

Sec. 251. Extension of requirements for biennial roadmap and annual review 

and certification on funding for development of hypersonics. 

Subtitle E—Other Matters 

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

Sec. 262. Laboratory facilities, Hanover, New Hampshire. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Modification of energy performance goals. 

Sec. 312. Streamlined annual report on defense environmental programs. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalties 

in connection with Jackson Park Housing Complex, Washington. 

Sec. 314. Requirements relating to Agency for Toxic Substances and Disease 

Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina. 

Sec. 315. Discharge of wastes at sea generated by ships of the Armed Forces. 

Sec. 316. Consideration of energy security and reliability in development and 

implementation of energy performance goals. 

Sec. 317. Installation energy metering requirements. 

Sec. 318. Training policy for Department of Defense energy managers. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Minimum capital investment for certain depots. 

Sec. 322. Limitation on revising the definition of depot-level maintenance. 

Sec. 323. Designation of military industrial facilities as Centers of Industrial 

and Technical Excellence. 

Sec. 324. Reports on depot-related activities. 

Subtitle D—Reports 

Sec. 331. Study on Air Force test and training range infrastructure. 

Sec. 332. Study on training range infrastructure for special operations forces. 

Sec. 333. Guidance to establish non-tactical wheeled vehicle and equipment 

service life extension programs to achieve cost savings. 

Sec. 334. Modified deadline for annual report on budget shortfalls for implementation of operational energy strategy. 

Subtitle E—Other Matters 
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Sec. 341. Extension of authority for Army industrial facilities to enter into cooperative agreements with non-Army entities. 

Sec. 342. Working-capital fund accounting. 

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

cartridge cases. 

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

Sec. 345. Utility disruptions to military installations. 

Sec. 346. Eligibility of active and reserve members, retirees, gray area retirees, 

and dependents for space-available travel on military aircraft. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 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. 

Sec. 515. Authority to order army reserve, navy reserve, marine corps reserve, 

and air force reserve to active duty to provide assistance in response to a major disaster or emergency. 
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Subtitle C—General Service Authorities 

Sec. 521. Repeal of mandatory high-deployment allowance. 

Sec. 522. Prohibition on denial of reenlistment of members for unsuitability 

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

Sec. 523. Expansion of regular enlisted members covered by early discharge authority. 

Sec. 524. Extension of voluntary separation pay and benefits. 

Sec. 525. Employment skills training for members of the Armed Forces on active duty who are transitioning to civilian life. 

Sec. 526. Policy on military recruitment and enlistment of graduates of secondary schools. 

Sec. 527. Freedom of conscience of military chaplains with respect to the performance of marriages. 

Subtitle D—Education and Training 

Sec. 541. Enhancement of authorities on joint professional military education. 

Sec. 542. Grade of commissioned officers in uniformed medical accession programs. 

Sec. 543. Reserve component mental health student stipend. 

Sec. 544. Enrollment of certain seriously wounded, ill, or injured former or retired enlisted members of the Armed Forces in associate degree 

programs of the Community College of the Air Force in order 

to complete degree program. 

Sec. 545. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining 

units of Junior ROTC. 

Sec. 546. Temporary authority to waive maximum age limitation on admission 

to the military service academies. 

Sec. 547. Pilot program on receipt of civilian credentialing for skills required 

for military occupational specialties. 

Subtitle E—Military Justice and Legal Matters Generally 

Sec. 551. Reform of offenses relating to rape, sexual assault, and other sexual 

misconduct under the Uniform Code of Military Justice. 

Sec. 552. Authority to compel production of documentary evidence. 

Sec. 553. Procedures for judicial review of certain military personnel decisions. 

Sec. 554. Department of Defense support for programs on pro bono legal representation for members of the Armed Forces. 

Subtitle F—Sexual Assault Prevention and Response 

Sec. 561. Director of the Sexual Assault Prevention and Response Office. 

Sec. 562. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. 

Sec. 563. Access of sexual assault victims to legal assistance and services of 

Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. 

Sec. 564. Requirement for privilege in cases arising under Uniform Code of 

Military Justice against disclosure of communications between 

sexual assault victims and Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and certain other persons. 
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Sec. 565. Expedited consideration and decision-making on requests for permanent change of station or unit transfer of victims of sexual assault. 

Sec. 566. Department of Defense policy and procedures on retention and access 

to evidence and records relating to sexual assaults involving 

members of the Armed Forces. 

Subtitle G—Defense Dependents’ Education 

Sec. 571. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 572. Impact aid for children with severe disabilities. 

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

military dependent students among local educational agencies. 

Subtitle H—Military Family Readiness 

Sec. 576. Modification of membership of Department of Defense Military Family Readiness Council. 

Sec. 577. Comptroller General of the United States report on Department of 

Defense military spouse employment programs. 

Subtitle I—Other Matters 

Sec. 581. Cold War Service Medal. 

Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration Program. 

Sec. 583. Report on process for expedited determination of disability of members of the Armed Forces with certain disabling conditions. 

Sec. 584. Report on the achievement of diversity goals for the leadership of the 

Armed Forces. 

Sec. 585. Specification of period in which application for voter registration or 

absentee ballot from an overseas voter is valid. 

Sec. 586. Authorization and request for award of Medal of Honor to Emil 

Kapaun for acts of valor during the Korean War. 

Sec. 587. Authorization for award of the distinguished service cross for captain 

Fredrick L. Spaulding for acts of valor during the Vietnam 

War. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Bonuses and Special and Incentive Pays 

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

Sec. 612. Modification of qualifying period for payment of hostile fire and imminent danger special pay and hazardous duty special pay. 

Subtitle B—Consolidation and Reform of Travel and Transportation 

Authorities 

Sec. 621. Consolidation and reform of travel and transportation authorities of 

the uniformed services. 

Sec. 622. Transition provisions. 

Subtitle C—Disability, Retired Pay, and Survivor Benefits 
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Sec. 631. Repeal of automatic enrollment in Family Servicemembers’ Group 

Life Insurance for members of the Armed Forces married to 

other members. 

Sec. 632. Limitation on availability of certain funds pending report on provision 

of special compensation for members of the uniformed services 

with injury or illness requiring assistance in everyday living. 

Sec. 633. Repeal of sense of Congress on age and service requirements for retired pay for non-regular service. 

Sec. 634. Death gratuity and related benefits for Reserves who die during an 

authorized stay at their residence during or between successive 

days of inactive duty training. 

Sec. 635. Repeal of requirement of reduction of Survivor Benefits Plan survivor 

annuities by dependency and indemnity compensation. 

Subtitle D—Pay and Allowances 

Sec. 641. No reduction in basic allowance for housing for National Guard members who transition between active duty and full-time National 

Guard duty without a break in active service. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program 

Sec. 701. Annual cost-of-living adjustment in enrollment fees in TRICARE 

Prime. 

Sec. 702. Maintenance of the adequacy of provider networks under the 

TRICARE program. 

Sec. 703. Transition enrollment of uniformed services family health plan Medicare-eligible retirees to TRICARE for Life. 

Sec. 704. Modification of authorities on surveys on continued viability of 

TRICARE Standard and TRICARE Extra. 

Sec. 705. Extension of time limit for submittal of claims under the TRICARE 

program for care provided outside the United States. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Travel for anesthesia services for childbirth for command-sponsored 

dependents of members assigned to remote locations outside 

the continental United States. 

Sec. 712. Transitional health benefits for certain members with extension of active duty following active duty in support of a contingency operation. 

Sec. 713. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces. 

Subtitle C—Health Care Administration 

Sec. 721. Expansion of State licensure exceptions for certain mental health-care 

professionals. 

Sec. 722. Clarification on confidentiality of medical quality assurance records. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 
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Sec. 801. Waiver of requirements relating to new Milestone approval for certain 

major defense acquisition programs experiencing critical cost 

growth due to change in quantity purchased. 

Sec. 802. Modification of certain requirements of the Weapon Systems Acquisition Reform Act of 2009. 

Sec. 803. Assessment, management, and control of operating and support costs 

for major weapon systems. 

Sec. 804. Clarification of responsibility for cost analyses and targets for contract negotiation purposes. 

Sec. 805. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs. 

Sec. 806. Management of developmental test and evaluation for major defense 

acquisition programs. 

Sec. 807. Assessment of risk associated with development of major weapon systems to be procured under cooperative projects with friendly 

foreign countries. 

Subtitle B—Acquisition Policy and Management 

Sec. 821. Inclusion of data on contractor performance in past performance 

databases for source selection decisions. 

Sec. 822. Implementation of recommendations of Defense Science Board Task 

Force on Service Contracting. 

Sec. 823. Temporary limitation on aggregate annual amount available for contract services. 

Sec. 824. Annual report on single-award task and delivery order contracts. 

Sec. 825. Incorporation of corrosion prevention and control into requirements 

applicable to development and acquisition of weapon systems. 

Sec. 826. Prohibition on use of funds for certain programs. 

Sec. 827. Applicability of Buy American Act to procurement of photovoltaic devices by Department of Defense. 

Subtitle C—Amendments Relating to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 841. Treatment for technical data purposes of independent research and 

development and bid and proposal costs. 

Sec. 842. Limitation on defense contractor compensation. 

Sec. 843. Covered contracts for purposes of requirements on contractor business systems. 

Sec. 844. Compliance with defense procurement requirements for purposes of 

internal controls of non-defense agencies for procurements on 

behalf of the Department of Defense. 

Sec. 845. Prohibition on collection of political information. 

Sec. 846. Waiver of ‘‘Buy American’’ requirement for procurement of components otherwise producible overseas with specialty metal not 

produced in the United States. 

Sec. 847. Comptroller General of the United States reports on noncompetitive 

and one-offer contracts awarded by the Department of Defense. 

Sec. 848. Detection and avoidance of counterfeit electronic parts. 

Sec. 849. Report on authorities available to the Department of Defense for 

multiyear contracts for the purchase of advanced biofuels. 

Sec. 850. Comptroller General of the United States reports on Department of 

Defense implementation of justification and approval requirements for certain sole-source contracts. 
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Subtitle D—Provisions Relating to Wartime Contracting 

Sec. 861. Prohibition on contracting with the enemy in the United States Central Command theater of operations. 

Sec. 862. Additional access to contractor and subcontractor records in the 

United States Central Command theater of operations. 

Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs. 

Sec. 864. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies. 

Sec. 865. Reach-back contracting authority for Operation Enduring Freedom 

and Operation New Dawn. 

Sec. 866. Inclusion of contractor support requirements in Department of Defense planning documents. 

Subtitle E—Other Matters 

Sec. 881. Extension of availability of funds in the Defense Acquisition Workforce Development Fund. 

Sec. 882. Modification of delegation of authority to make determinations on 

entry into cooperative research and development agreements 

with NATO and other friendly organizations and countries. 

Sec. 883. Rate of payment for airlift services under the Civil Reserve Air Fleet 

program. 

Sec. 884. Clarification of Department of Defense authority to purchase righthand drive passenger sedan vehicles and adjustment of threshold for inflation. 

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

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

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

Sec. 888. Report on alternatives for the procurement of fire-resistant and fireretardant fiber and materials for the production of military 

products. 

Sec. 889. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program. 

Sec. 890. Department of Defense assessment of industrial base for night vision 

image intensification sensors. 

Sec. 891. Implementation of acquisition strategy for Evolved Expendable 

Launch Vehicle. 

Sec. 892. Report on impact of foreign boycotts on the defense industrial base. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Qualifications for appointments to the position of Deputy Secretary 

of Defense. 

Sec. 902. Designation of Department of Defense senior official with principal 

responsibility for airship programs. 

Sec. 903. Memoranda of agreement on synchronization of enabling capabilities 

of general purpose forces with the requirements of special operations forces. 
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Sec. 904. Enhancement of administration of the United States Air Force Institute of Technology. 

Sec. 905. Defense laboratory matters. 

Sec. 906. Assessment of Department of Defense access to non-United States 

citizens with scientific and technical expertise vital to the national security interests. 

Sec. 907. Sense of Congress on use of modeling and simulation in Department 

of Defense activities. 

Sec. 908. Sense of Congress on ties between Joint Warfighting and Coalition 

Center and Allied Command Transformation of NATO. 

Sec. 909. Report on effects of planned reductions of personnel at the Joint 

Warfare Analysis Center on personnel skills. 

Subtitle B—Space Activities 

Sec. 911. Commercial space launch cooperation. 

Sec. 912. Authority to designate increments or blocks of space vehicles as 

major subprograms subject to acquisition reporting requirements. 

Sec. 913. Review to identify interference with national security Global Positioning System receivers by commercial communications services. 

Subtitle C—Intelligence Matters 

Sec. 921. Expansion of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions. 

Sec. 922. Facilities for intelligence collection or special operations activities 

abroad. 

Sec. 923. Ozone Widget Framework. 

Sec. 924. Plan for incorporation of enterprise query and correlation capability 

into the Defense Intelligence Information Enterprise. 

Subtitle D—Cybersecurity Matters 

Sec. 931. Strategy to acquire capabilities to detect previously unknown cyber 

attacks. 

Sec. 932. Program in support of Department of Defense policy on sustaining 

and expanding information sharing. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Defense business systems. 

Sec. 1003. Modification of authorities on certification and credential standards 

for financial management positions in the Department of Defense. 

Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements. 

Sec. 1005. Audit readiness of financial statements of Department of Defense. 

Sec. 1006. Plan to ensure audit readiness of statements of budgetary resources. 

Subtitle B—Counter-Drug Activities 
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Sec. 1011. Five-year extension and modification of authority of Department of 

Defense to provide additional support for counterdrug activities 

of other governmental agencies. 

Sec. 1012. Five-year extension and expansion of authority to provide additional 

support for counter-drug activities of certain foreign governments. 

Sec. 1013. Reporting requirement on expenditures to support foreign counterdrug activities. 

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

enforcement agencies conducting counter-terrorism activities. 

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

Subtitle C—Naval Vessels and Shipyards 

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

Prepositioning Ship squadrons on reduced operating status. 

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

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

hydrographic support. 

Sec. 1024. Report on policies and practices of the Navy for naming the vessels 

of the Navy. 

Sec. 1025. Assessment of stationing of additional DDG–51 class destroyers at 

Naval Station Mayport, Florida. 

Sec. 1026. Transfer of certain high-speed ferries to the Navy. 

Subtitle D—Detainee Matters 

Sec. 1031. Affirmation of authority of the Armed Forces of the United States 

to detain covered persons pursuant to the Authorization for 

Use of Military Force. 

Sec. 1032. Requirement for military custody. 

Sec. 1033. Requirements for certifications relating to the transfer of detainees 

at United States Naval Station, Guantanamo Bay, Cuba, to 

foreign countries and other foreign entities. 

Sec. 1034. Prohibition on use of funds to construct or modify facilities in the 

United States to house detainees transferred from United 

States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1035. Procedures for periodic detention review of individuals detained at 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1036. Procedures for status determinations. 

Sec. 1037. Clarification of right to plead guilty in trial of capital offense by 

military commission. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Management of Department of Defense installations. 

Sec. 1042. Amendments relating to the Military Commissions Act of 2009. 

Sec. 1043. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities. 

Sec. 1044. Treatment under Freedom of Information Act of certain sensitive 

national security information. 

Sec. 1045. Clarification of airlift service definitions relating to the Civil Reserve 

Air Fleet. 
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Sec. 1046. Authority for assignment of civilian employees of the Department of 

Defense as advisors to foreign ministries of defense and international peace and security organizations. 

Sec. 1047. Net assessment of nuclear force levels required with respect to certain proposals to reduce the nuclear weapons stockpile of the 

United States. 

Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-Teachers Program. 

Sec. 1049. Expansion of Operation Hero Miles. 

Subtitle F—Repeal and Modification of Reporting Requirements 

PART I—REPEAL 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. 

Sec. 1080. Report on status of implementation of accepted recommendations in 

the Final Report of the 2010 Army Acquisition Review panel. 

Sec. 1080A. Report on feasibility of using unmanned aerial systems to perform 

airborne inspection of navigational aids in foreign airspace. 

Sec. 1080B. Comptroller General review of medical research and development 

relating to improved combat casualty care. 
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Sec. 1080C. Reports to Congress on the modification of the force structure for 

the strategic nuclear weapons delivery systems of the United 

States. 

Sec. 1080D. Comptroller General of the United States reports on the major 

automated information system programs of the Department of 

Defense. 

Sec. 1080E. Comptroller General report on Department of Defense science and 

technology programs. 

Sec. 1080F. Comptroller General report on Science, Technology, Engineering, 

and Math (STEM) initiatives. 

Sec. 1080G. Report on Defense Department analytic capabilities regarding foreign ballistic missile threats. 

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

Sec. 1080I. Report on effects of changing flag officer positions within the Air 

Force Material Command. 

Subtitle H—Other Matters 

Sec. 1081. Redesignation of psychological operations as military information 

support operations in title 10, United States Code, to conform 

to Department of Defense usage. 

Sec. 1082. Termination of requirement for appointment of civilian members of 

National Security Education Board by and with the advice and 

consent of the Senate. 

Sec. 1083. Redesignation of Industrial College of the Armed Forces as the 

Dwight D. Eisenhower School for National Security and Resource Strategy. 

Sec. 1084. Designation of Fisher House for the Families of the Fallen and 

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

Fisher House. 

Sec. 1085. Sense of Senate on application of moratorium on earmarks to this 

Act. 

Sec. 1086. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial 

Base Policy. 

Sec. 1087. Technical amendment. 

Sec. 1088. Improving the transition of members of the Armed Forces with experience in the operation of certain motor vehicles into careers 

operating commercial motor vehicles in the private sector. 

Sec. 1089. Fire suppression agents. 

Sec. 1090. Acquisition and procurement exchanges between the United States 

and India. 

Sec. 1091. Long-term plan for maintenance of intercontinental ballistic missile 

solid rocket motor production capacity. 

Sec. 1092. Cybersecurity collaboration between the Department of Defense and 

the Department of Homeland Security. 

Sec. 1093. Reemployment rights following certain National Guard duty. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Authority of the Secretaries of the military departments to employ 

up to 10 persons without pay. 

Sec. 1102. Extension of eligibility to continue Federal employee health benefits 

for certain employees of the Department of Defense. 
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Sec. 1103. Authority for waiver of recovery of certain payments previously 

made under civilian employees voluntary separation incentive 

program. 

Sec. 1104. Permanent extension and expansion of experimental personnel program for scientific and technical personnel. 

Sec. 1105. Modification of beneficiary designation authorities for death gratuity 

payable upon death of a United States Government employee 

in service with the Armed Forces. 

Sec. 1106. Two-year extension of discretionary authority to grant allowances, 

benefits, and gratuities to personnel on official duty in a combat zone. 

Sec. 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Expansion of scope of humanitarian demining assistance authority 

to include stockpiled conventional munitions. 

Sec. 1202. One-year extension and modification of authorities applicable to 

Commanders’ Emergency Response Program. 

Sec. 1203. Three-year extension of temporary authority to use acquisition and 

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

Sec. 1204. Conditional extension and modification of authority to build the capacity of counter terrorism forces of Yemen. 

Sec. 1205. Extension of authority for support of special operations to combat 

terrorism. 

Sec. 1206. Limitation on availability of funds for authorities relating to program to build the capacity of foreign military forces. 

Sec. 1207. Global Security Contingency Fund. 

Sec. 1208. Authority to build the capacity of certain counterterrorism forces of 

East African countries. 

Sec. 1209. Support of forces participating in operations to disarm the Lord’s 

Resistance Army. 

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

Sec. 1221. Extension and modification of logistical support for coalition forces 

supporting operations in Iraq and Afghanistan. 

Sec. 1222. One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq 

and Afghanistan. 

Sec. 1223. One-year extension of authorities applicable to the Pakistan Counterinsurgency Fund. 

Sec. 1224. One-year extension of authority to use funds for reintegration activities in Afghanistan. 

Sec. 1225. Modification of authority on program to develop and carry out infrastructure projects in Afghanistan. 

Sec. 1226. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1227. Two-year extension of certain reports on Afghanistan. 
16 

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Sec. 1228. Authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1229. Benchmarks to evaluate the progress being made toward the transition of security responsibilities for Afghanistan to the Government of Afghanistan. 

Sec. 1230. Certification requirement regarding efforts by Government of Pakistan to implement a strategy to counter improvised explosive 

devices. 

Sec. 1231. Report on Coalition Support Fund reimbursements to the Government of Pakistan for operations conducted in support of Operation Enduring Freedom. 

Subtitle C—Reports and Other Matters 

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

Sec. 1242. Comptroller General of the United States report on the National 

Guard State Partnership Program. 

Sec. 1243. Man-portable air-defense systems originating from Libya. 

Sec. 1244. Defense cooperation with Republic of Georgia. 

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

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on use of funds for establishment of centers of excellence 

in countries outside of the former Soviet Union. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Subtitle B—National Defense Stockpile 

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

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

Subtitle C—Armed Forces Retirement Home 

PART I—AUTHORIZATION OF APPROPRIATIONS

Sec. 1421. Authorization of appropriations. 

PART II—ARMED FORCES RETIREMENT HOME AUTHORITIES

Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991. 

Sec. 1423. Annual validation of multiyear accreditation. 

Sec. 1424. Clarification of duties of Senior Medical Advisor. 
17 

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Sec. 1425. Replacement of Local Boards of Trustees for each facility with single Advisory Council. 

Sec. 1426. Administrators and ombudsmen of facilities. 

Sec. 1427. Inspection requirements. 

Sec. 1428. Repeal of obsolete provisions. 

Sec. 1429. Technical, conforming, and clerical amendments. 

Subtitle D—Other Matters 

Sec. 1431. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois. 

TITLE XV—AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS 

CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 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. 

TITLE XVI—NATIONAL GUARD EMPOWERMENT 

Sec. 1601. Short title. 

Sec. 1602. Reestablishment of position of Vice Chief of the National Guard Bureau and termination of position of Director of the Joint Staff 

of the National Guard Bureau. 

Sec. 1603. Membership of the Chief of the National Guard Bureau on the Joint 

Chiefs of Staff. 

Sec. 1604. Continuation as a permanent program and enhancement of activities 

of Task Force for Emergency Readiness pilot program of the 

Federal Emergency Management Agency. 
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Sec. 1605. Report on comparative analysis of costs of comparable units of the 

reserve components and the regular components of the Armed 

Forces. 

Sec. 1606. Display of procurement of equipment for the reserve components of 

the Armed Forces under estimated expenditures for procurement in future-years defense programs. 

Sec. 1607. Enhancement of authorities relating to the United States Northern 

Command and other combatant commands. 

Sec. 1608. Requirements relating to National Guard officers in certain command positions. 

Sec. 1609. Availability of funds under State Partnership Program for additional National Guard contacts on matters within the core competencies of the National Guard. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

by law. 

Sec. 2003. Funding tables. 

TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

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

project. 

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

project. 

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

projects. 

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

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

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

Sec. 2111. Technical amendments to correct certain project specifications. 

Sec. 2112. Reduction of Army military construction authorization. 

Sec. 2113. Tour normalization. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

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

Sec. 2207. Reduction of Navy military construction authorization. 

Sec. 2208. Guam realignment. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 
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Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 

project. 

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

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

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide. 

Sec. 2412. Reduction of Defense Agencies military construction authorization. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

projects. 

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

Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects. 

Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2609. Modification of authority to carry out certain fiscal year 2009 

project. 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

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

Account 1990. 

Sec. 2702. Authorized base realignment and closure activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 2005. 

Sec. 2704. Reduction of military construction authorization for base realignment and closure activities authorized through the Department 

of Defense Base Closure Account 1990. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
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Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. General military construction transfer authority. 

Sec. 2802. Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United 

States. 

Sec. 2803. Clarification of authority to use the Pentagon Reservation maintenance revolving fund for minor construction and alteration activities at the Pentagon Reservation. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Exchange of property at military installations. 

Sec. 2812. Clarification of authority to limit encroachments. 

Sec. 2813. Department of Defense conservation and cultural activities. 

Subtitle C—Land Conveyances 

Sec. 2821. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 

Sec. 2822. Clarification of land conveyance authority, Camp Caitlin and Ohana 

Nui areas, Hawaii. 

Sec. 2823. Land conveyance and exchange, Joint Base Elmendorf Richardson, 

Alaska. 

Subtitle D—Other Matters 

Sec. 2831. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy. 

Sec. 2832. Data servers and centers. 

Sec. 2833. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as 

Mike O’Callaghan Federal Medical Center. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Review of security vulnerabilities of national laboratory computers. 

Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to 

the modernization and refurbishment of the nuclear security 

complex. 

Sec. 3113. Aircraft procurement. 

Sec. 3114. Limitation on use of funds for establishment of centers of excellence 

in countries outside of the former Soviet Union. 

Sec. 3115. Recognition and status of National Atomic Testing Museum. 
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Subtitle C—Reports 

Sec. 3121. Report on feasibility of federalizing the security protective forces 

contract guard workforce at certain Department of Energy facilities. 

Sec. 3122. Comptroller General study on oversight of Department of Energy 

defense nuclear facilities. 

Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention 

program in the Russian Federation. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to review 

the facility design and construction of Construction Project 

10–D–904 of the National Nuclear Security Administration. 

TITLE XXXIII—MARITIME ADMINISTRATION 

Sec. 3301. Maritime Administration. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

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

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

operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

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

TITLE XLIV—OTHER AUTHORIZATIONS 

Sec. 4401. Other authorizations. 

Sec. 4402. Other authorizations for overseas contingency operations. 

TITLE XLV—MILITARY CONSTRUCTION 

Sec. 4501. Military construction. 

TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4601. Department of Energy national security programs. 

DIVISION E—SBIR AND STTR REAUTHORIZATION 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 
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Sec. 5003. Repeal. 

TITLE LI—REAUTHORIZATION OF THE SBIR AND STTR 

PROGRAMS 

Sec. 5101. Extension of termination dates. 

Sec. 5102. Status of the Office of Technology. 

Sec. 5103. SBIR allocation increase. 

Sec. 5104. STTR allocation increase. 

Sec. 5105. SBIR and STTR award levels. 

Sec. 5106. Agency and program flexibility. 

Sec. 5107. Elimination of Phase II invitations. 

Sec. 5108. Participation by firms with substantial investment from multiple 

venture capital operating companies in a portion of the SBIR 

program. 

Sec. 5109. SBIR and STTR special acquisition preference. 

Sec. 5110. Collaborating with Federal laboratories and research and development centers. 

Sec. 5111. Notice requirement. 

Sec. 5112. Express authority for an agency to award sequential Phase II 

awards for SBIR or STTR funded projects. 

TITLE LII—OUTREACH AND COMMERCIALIZATION INITIATIVES 

Sec. 5201. Rural and State outreach. 

Sec. 5202. Technical assistance for awardees. 

Sec. 5203. Commercialization Readiness Program at Department of Defense. 

Sec. 5204. Commercialization Readiness Pilot Program for civilian agencies. 

Sec. 5205. Accelerating cures. 

Sec. 5206. Federal agency engagement with SBIR and STTR awardees that 

have been awarded multiple Phase I awards but have not been 

awarded Phase II awards. 

Sec. 5207. Clarifying the definition of ‘‘Phase III’’. 

Sec. 5208. Shortened period for final decisions on proposals and applications. 

TITLE LIII—OVERSIGHT AND EVALUATION 

Sec. 5301. Streamlining annual evaluation requirements. 

Sec. 5302. Data collection from agencies for SBIR. 

Sec. 5303. Data collection from agencies for STTR. 

Sec. 5304. Public database. 

Sec. 5305. Government database. 

Sec. 5306. Accuracy in funding base calculations. 

Sec. 5307. Continued evaluation by the National Academy of Sciences. 

Sec. 5308. Technology insertion reporting requirements. 

Sec. 5309. Intellectual property protections. 

Sec. 5310. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations. 

Sec. 5311. Pilot to allow funding for administrative, oversight, and contract 

processing costs. 

Sec. 5312. GAO study with respect to venture capital operating company involvement. 

Sec. 5313. Reducing vulnerability of SBIR and STTR programs to fraud, 

waste, and abuse. 

Sec. 5314. Interagency policy committee. 

Sec. 5315. Simplified paperwork requirements. 
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TITLE LIV—POLICY DIRECTIVES 

Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Directives. 

TITLE LV—OTHER PROVISIONS 

Sec. 5501. Research topics and program diversification. 

Sec. 5502. Report on SBIR and STTR program goals. 

Sec. 5503. Competitive selection procedures for SBIR and STTR programs. 

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

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

3 Subtitle B—Navy Programs 

4 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR 

5 MISSION AVIONICS AND COMMON COCKPITS 

6 FOR NAVY MH–60R/S HELICOPTERS. 

7 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

9 the Secretary of the Navy may enter into a multiyear con10 tract or contracts, beginning with the fiscal year 2012 pro11 gram year, for the procurement of mission avionics and 

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

13 (b) CONDITION FOR OUT-YEAR CONTRACT PAY14 MENTS.—A contract entered into under subsection (a) 

15 shall provide that any obligation of the United States to 

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

17 fiscal year 2012 is subject to the availability of appropria18 tions for that purpose for such later fiscal year. 

19 Subtitle C—Air Force Programs 

20 SEC. 131. PROCUREMENT OF ADVANCED EXTREMELY HIGH 

21 FREQUENCY SATELLITES. 

22 (a) CONTRACT AUTHORITY.— 

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

24 Force may procure two advanced extremely high fre-
25 

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1 quency satellites by entering into a fixed-price con2 tract for such procurement. 

3 (2) COST REDUCTION.—The Secretary may in4 clude in a contract entered into under paragraph (1) 

5 the following: 

6 (A) The procurement of material and 

7 equipment in economic order quantities if the 

8 procurement of such material and equipment in 

9 such quantities will result in cost savings. 

10 (B) Cost reduction initiatives. 

11 (3) USE OF INCREMENTAL FUNDING.—The 

12 Secretary may use incremental funding for a con13 tract entered into under paragraph (1) for a period 

14 not to exceed six fiscal years. 

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

16 paragraph (1) shall provide that— 

17 (A) any obligation of the United States to 

18 make a payment under the contract is subject 

19 to the availability of appropriations for that 

20 purpose; and 

21 (B) the total liability of the Federal Gov22 ernment for the termination of the contract 

23 shall be limited to the total amount of funding 

24 obligated at the time of the termination of the 

25 contract. 
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1 (b) LIMITATION OF COSTS.— 

2 (1) LIMITATION.—Except as provided in sub3 section (c), and excluding amounts described in 

4 paragraph (2), the total amount obligated or ex5 pended for the procurement of two advanced ex6 tremely high frequency satellites authorized by sub7 section (a) may not exceed $3,100,000,000. 

8 (2) EXCLUSION.—The amounts described in 

9 this paragraph are amounts associated with the fol10 lowing: 

11 (A) Plans. 

12 (B) Technical data packages. 

13 (C) Post-delivery and program-related sup14 port costs. 

15 (D) Technical support for obsolescence 

16 studies. 

17 (c) ADJUSTMENT TO LIMITATION AMOUNT.— 

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

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

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

21 the Secretary submits to the congressional defense 

22 committees written notification of the increase made 

23 to that limitation. 

24 (2) INCREASE DESCRIBED.—An increase de25 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 obso-
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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 modifications, post19 production support, and other charges, $20,000,000 shall 

20 be available for fiscal year 2012 for research, development, 

21 test, and evaluation with respect to a conventional mixed 

22 load capability for the B–2 bomber 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 SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUC12 TURE. 

13 Section 8062(g)(1) of title 10, United States Code, 

14 is amended— 

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

16 ‘‘October 1, 2011’’; and 

17 (2) by striking ‘‘316 aircraft’’ and inserting 

18 ‘‘301 aircraft’’. 

19 SEC. 137. LIMITATION ON RETIREMENT OF C–23 AIRCRAFT. 

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

21 23 aircraft, the Secretary of the Army shall first offer title 

22 to such aircraft to the chief executive officer of the State 

23 in which such aircraft is based. 

24 (b) TRANSFER UPON ACCEPTANCE OF OFFER.—If 

25 the chief executive officer of a State accepts title of an 
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1 aircraft under subsection (a), the Secretary shall transfer 

2 title of the aircraft to the State without charge to the 

3 State. The Secretary shall provide a reasonable amount 

4 of time for acceptance of the offer. 

5 (c) USE.—Notwithstanding the transfer of title to an 

6 aircraft to a State under this section, the aircraft may 

7 continue to be utilized by the National Guard of the State 

8 in State status using National Guard crews in that status. 

9 (d) SUSTAINMENT.—Immediately upon transfer of 

10 title to an aircraft to the State under this section, the 

11 State shall assume all costs associated with operating, 

12 maintaining, sustaining, and modernizing the aircraft. 

13 Subtitle D—Joint and Multiservice 

14 Matters 

15 SEC. 151. INCLUSION OF INFORMATION ON APPROVED 

16 COMBAT MISSION REQUIREMENTS IN QUAR17 TERLY REPORTS ON USE OF COMBAT MIS18 SION REQUIREMENT FUNDS. 

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

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

21 383; 124 Stat. 4159; 10 U.S.C. 167 note) is amended by 

22 adding at the end the following new paragraphs: 

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

24 Requirements approved during the fiscal year in 

25 which such report is submitted and the two pre-
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1 ceding fiscal years, including for each such Require2 ment— 

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

4 ‘‘(B) the date of approval of such Require5 ment; and 

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

7 such Requirement, and the source of such ap8 proved funds. 

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

10 Combat Mission Requirements funds from the fiscal 

11 year in which such report is submitted and the two 

12 preceding fiscal years.’’. 

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

14 In entering into a contract for the procurement of 

15 aircraft for the fifth low-rate initial production contract 

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

17 Fighter aircraft, the Secretary of Defense shall ensure 

18 each of the following: 

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

20 (2) That the contract requires the contractor to 

21 assume full responsibility for costs under the con22 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 

25 Enhanced Medium Altitude Reconnaissance and Surveil-
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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 SEC. 158. REPORT ON PROBATIONARY PERIOD IN DEVEL15 OPMENT OF SHORT TAKE-OFF, VERTICAL 

16 LANDING VARIANT OF THE JOINT STRIKE 

17 FIGHTER. 

18 Not later than 45 days after the date of the enact19 ment of this Act, the Secretary of Defense shall submit 

20 to the congressional defense committees a report on the 

21 development of the short take-off, vertical landing variant 

22 of the Joint Strike Fighter (otherwise known as the F– 

23 35B Joint Strike Fighter) that includes the following: 

24 (1) An identification of the criteria that the 

25 Secretary determines must be satisfied before the F– 
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1 35B Joint Strike Fighter can be removed from the 

2 two-year probationary status imposed by the Sec3 retary on or about January 6, 2011. 

4 (2) A mid-probationary period assessment of— 

5 (A) the performance of the F–35B Joint 

6 Strike Fighter based on the criteria described 

7 in paragraph (1); and 

8 (B) the technical issues that remain in the 

9 development program for the F–35B Joint 

10 Strike Fighter. 

11 (3) A plan for how the Secretary intends to re12 solve the issues described in paragraph (2)(B) before 

13 January 6, 2013. 

14 SEC. 159. AUTHORITY FOR EXCHANGE WITH UNITED KING15 DOM OF SPECIFIED F–35 LIGHTNING II JOINT 

16 STRIKE FIGHTER AIRCRAFT. 

17 (a) AUTHORITY.— 

18 (1) EXCHANGE AUTHORITY.—In accordance 

19 with subsection (c), the Secretary of Defense may 

20 transfer to the United Kingdom of Great Britain 

21 and Northern Ireland (in this section referred to as 

22 the ‘‘United Kingdom’’) all right, title, and interest 

23 of the United States in and to an aircraft described 

24 in paragraph (2) in exchange for the transfer by the 

25 United Kingdom to the United States of all right, 
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1 title, and interest of the United Kingdom in and to 

2 an aircraft described in paragraph (3). The Sec3 retary may execute the exchange under this section 

4 on behalf of the United States only with the concur5 rence of the Secretary of State. 

6 (2) AIRCRAFT TO BE EXCHANGED BY UNITED

7 STATES.—The aircraft authorized to be transferred 

8 by the United States under this subsection is an F– 

9 35 Lightning II aircraft in the Carrier Variant con10 figuration acquired by the United States for the Ma11 rine Corps under a future Joint Strike Fighter pro12 gram contract referred to as the Low-Rate Initial 

13 Production 6 contract. 

14 (3) AIRCRAFT TO BE EXCHANGED BY UNITED

15 KINGDOM.—The aircraft for which the exchange 

16 under paragraph (1) may be made is an F–35 

17 Lightning II aircraft in the Short-Take Off and 

18 Vertical Landing configuration that, as of November 

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

20 Kingdom under an existing Joint Strike Fighter pro21 gram contract referred to as the Low-Rate Initial 

22 Production 4 contract. 

23 (b) FUNDING FOR PRODUCTION OF AIRCRAFT.— 

24 (1) FUNDING SOURCES FOR AIRCRAFT TO BE

25 EXCHANGED BY UNITED STATES.— 
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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), funds for production of the 

3 aircraft to be transferred by the United States 

4 (including the propulsion system, long lead-time 

5 materials, the production build, and deficiency 

6 corrections) may be derived from appropriations 

7 for Aircraft Procurement, Navy, for the aircraft 

8 under the contract referred to in subsection 

9 (a)(2). 

10 (B) EXCEPTION.—Costs for flight test in11 strumentation of the aircraft to be transferred 

12 by the United States and any other non-recur13 ring and recurring costs for that aircraft associ14 ated with unique requirements of the United 

15 Kingdom may not be borne by the United 

16 States. 

17 (2) FUNDING SOURCES FOR AIRCRAFT TO BE

18 EXCHANGED BY UNITED KINGDOM.—Costs for up19 grades and modifications of the aircraft to be trans20 ferred to the United States that are necessary to 

21 bring that aircraft to the Low-Rate Initial Produc22 tion 6 configuration under the contract referred to 

23 in subsection (a)(2) may not be borne by the United 

24 States. 
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1 (c) IMPLEMENTATION.—The exchange under this 

2 section shall be implemented pursuant to the memo3 randum of understanding titled ‘‘Joint Strike Fighter Pro4 duction, Sustainment, and Follow-on Development Memo5 randum of Understanding’’, which entered into effect 

6 among nine nations including the United States and the 

7 United Kingdom on December 31, 2006, consistent with 

8 section 27 of the Arms Export Control Act (22 U.S.C. 

9 2767), and as supplemented as necessary by the United 

10 States and the United Kingdom. 

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION 

14 Subtitle A—Authorization of 

15 Appropriations 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for 

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

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

20 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 communica-
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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, 

24 and modeling, as the Marine Corps considers nec25 essary to support the Analysis of Alternatives re-
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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 

25 Midcourse Defense system to permit an objective as-
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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 correc-
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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 

24 correct the problem described in that para-
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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 

25 Missile Defense Review established as one of its cen-
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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 

24 NATO’s missile defense capabilities’’, as acknowl25 edged in the December 18, 2010, letter from Presi-
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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 SEC. 234. REPORT ON THE UNITED STATES MISSILE DE2 FENSE HEDGING STRATEGY. 

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

4 after the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the congressional defense com6 mittees a report setting forth the findings and conclusions 

7 of the homeland missile defense hedging strategy review, 

8 including a discussion of the feasibility and advisability of 

9 establishing a missile defense site on the East Coast of 

10 the United States. 

11 (b) FORM.—The report required by subsection (a) 

12 shall be submitted in unclassified form, but may include 

13 a classified annex. 

14 Subtitle D—Reports 

15 SEC. 251. EXTENSION OF REQUIREMENTS FOR BIENNIAL 

16 ROADMAP AND ANNUAL REVIEW AND CER17 TIFICATION ON FUNDING FOR DEVELOP18 MENT OF HYPERSONICS. 

19 Section 218(e)(3) of the John Warner National De20 fense Authorization Act for Fiscal Year 2007 (Public Law 

21 109–364; 120 Stat. 2126; 10 U.S.C. 2358 note) is amend22 ed by striking ‘‘2012’’ and inserting ‘‘2020’’. 
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1 Subtitle E—Other Matters 

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

3 TO INCLUDE TECHNOLOGY PROTECTION 

4 FEATURES DURING RESEARCH AND DEVEL5 OPMENT OF CERTAIN DEFENSE SYSTEMS. 

6 Section 243 of the Ike Skelton National Defense Au7 thorization Act for Fiscal Year 2011 (Public Law 111– 

8 383; 124 Stat. 4178; 10 U.S.C. 2358 note) is amended— 

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

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

11 (2) by inserting after subsection (a) the fol12 lowing new subsection (b): 

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

14 development of a system resulting from activities under 

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

16 the exportability of the system either (1) for the develop17 ment of program protection strategies for the system, or 

18 (2) for the design and incorporation of exportability fea19 tures into the system shall include a cost-sharing provision 

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

21 the cost of such activities.’’. 

22 SEC. 262. LABORATORY FACILITIES, HANOVER, NEW HAMP23 SHIRE. 

24 (a) ACQUISITION.— 
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1 (1) IN GENERAL.—Subject to paragraph (3), 

2 the Secretary of the Army (referred to in this sec3 tion as the ‘‘Secretary’’) may acquire any real prop4 erty and associated real property interests in the vi5 cinity of Hanover, New Hampshire, described in 

6 paragraph (2) as may be needed for the Engineer 

7 Research and Development Center laboratory facili8 ties at the Cold Regions Research and Engineering 

9 Laboratory. 

10 (2) DESCRIPTION OF REAL PROPERTY.—The 

11 real property described in this paragraph is the real 

12 property to be acquired under paragraph (1)— 

13 (A) consisting of approximately 18.5 acres, 

14 identified as Tracts 101–1 and 101–2, together 

15 with all necessary easements located entirely 

16 within the Town of Hanover, New Hampshire; 

17 and 

18 (B) generally bounded— 

19 (i) to the east by state route 10-Lyme 

20 Road; 

21 (ii) to the north by the vacant prop22 erty of the Trustees of Dartmouth College; 

23 (iii) to the south by Fletcher Circle 

24 graduate student housing owned by the 

25 Trustees of Dartmouth College; and 
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1 (iv) to the west by approximately 9 

2 acres of real property acquired in fee 

3 through condemnation in 1981 by the Sec4 retary. 

5 (3) AMOUNT PAID FOR PROPERTY.—The Sec6 retary shall pay not more than fair market value for 

7 any real property and associated real property inter8 est acquired under this subsection. 

9 (b) REVOLVING FUND.—The Secretary— 

10 (1) through the Plant Replacement and Im11 provement Program of the Secretary, may use 

12 amounts in the revolving fund established by section 

13 101 of the Civil Functions Appropriations Act, 1954 

14 (33 U.S.C. 576) to acquire the real property and as15 sociated real property interests described in sub16 section (a); and 

17 (2) shall ensure that the revolving fund is ap18 propriately reimbursed from the benefitting appro19 priations. 

20 (c) RIGHT OF FIRST REFUSAL.— 

21 (1) IN GENERAL.—The Secretary may provide 

22 the seller of any real property and associated prop23 erty interests identified in subsection (a) a right of 

24 first refusal— 
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1 (A) a right of first refusal to acquire the 

2 property, or any portion of the property, in the 

3 event the property or portion is no longer need4 ed by the Department of the Army; and 

5 (B) a right of first refusal to acquire any 

6 real property or associated real property inter7 ests acquired by condemnation in Civil Action 

8 No. 81–360–L, in the event the property, or 

9 any portion of the property, is no longer needed 

10 by the Department of the Army. 

11 (2) NATURE OF RIGHT.—A right of first refusal 

12 provided to a seller under this subsection shall not 

13 inure to the benefit of any successor or assign of the 

14 seller. 

15 (d) CONSIDERATION; FAIR MARKET VALUE.—The 

16 purchase of any property by a seller exercising a right of 

17 first refusal provided under subsection (c) shall be for— 

18 (1) consideration acceptable to the Secretary; 

19 and 

20 (2) not less than fair market value at the time 

21 at which the property becomes available for pur22 chase. 

23 (e) DISPOSAL.—The Secretary may dispose of any 

24 property or associated real property interests that are sub-
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1 ject to the exercise of the right of first refusal under this 

2 section. 

3 (f) NO EFFECT ON COMPLIANCE WITH ENVIRON4 MENTAL LAWS.—Nothing in this section affects or limits 

5 the application of or obligation to comply with any envi6 ronmental law, including section 120(h) of the Com7 prehensive Environmental Response, Compensation, and 

8 Liability Act of 1980 (42 U.S.C. 9620(h)). 

9 TITLE III—OPERATION AND 

10 MAINTENANCE 

11 Subtitle A—Authorization of 

12 Appropriations 

13 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

14 Funds are hereby authorized to be appropriated for 

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

16 activities and agencies of the Department of Defense for 

17 expenses, not otherwise provided for, for operation and 

18 maintenance, as specified in the funding table in section 

19 4301. 

20 Subtitle B—Energy and 

21 Environmental Provisions 

22 SEC. 311. MODIFICATION OF ENERGY PERFORMANCE 

23 GOALS. 

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

25 title 10, United States Code, is amended— 
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1 (1) in the subsection heading, by striking 

2 ‘‘GOAL’’ and inserting ‘‘GOALS’’; and 

3 (2) in paragraph (1)— 

4 (A) by redesignating subparagraphs (A) 

5 and (B) as subparagraphs (D) and (E), respec6 tively; and 

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

8 as redesignated by subparagraph (A) of this 

9 paragraph, the following new subparagraphs: 

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

11 percent of the total quantity of facility energy it con12 sumes within its facilities during each of fiscal years 

13 2015 through 2017 from renewable energy sources; 

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

15 percent of the total quantity of facility energy it con16 sumes within its facilities during each of fiscal years 

17 2018 through 2020 from renewable energy sources; 

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

19 percent of the total quantity of facility energy it con20 sumes within its facilities during each of fiscal years 

21 2021 through 2024 from renewable energy 

22 sources;’’. 

23 (b) INCLUSION OF DIRECT SOLAR AS ENERGY EFFI24 CIENT PRODUCT.—Section 2915(e)(2)(A) of such title is 
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1 amended by inserting ‘‘direct solar,’’ after ‘‘Roof-top solar 

2 thermal,’’. 

3 SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE EN4 VIRONMENTAL PROGRAMS. 

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

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 2711. Annual report on defense environmental pro9 grams 

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

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

12 after the date on which the President submits to Congress 

13 the budget for a fiscal year, a report on defense environ14 mental programs. Each report shall include: 

15 ‘‘(1) With respect to environmental restoration 

16 activities of the Department of Defense, and for 

17 each of the military departments, the following ele18 ments: 

19 ‘‘(A) Information on the Installation Res20 toration Program, including the following: 

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

22 IRP. 

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

24 that have reached the Remedy in Place 

25 Stage and the Response Complete Stage, 
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1 and the change in such numbers in the 

2 preceding calendar year. 

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

4 funds allocated by the Secretary for, and 

5 the anticipated progress in implementing, 

6 the environmental restoration program 

7 during the fiscal year for which the budget 

8 is submitted. 

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

10 the overall progress of the IRP. 

11 ‘‘(B) Information on the Military Muni12 tions Restoration Program (MMRP), including 

13 the following: 

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

15 MMRP. 

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

17 reached the Remedy in Place Stage and 

18 the Response Complete Stage, and the 

19 change in such numbers in the preceding 

20 calendar year. 

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

22 funds allocated by the Secretary for, and 

23 the anticipated progress in implementing, 

24 the MMRP during the fiscal year for which 

25 the budget is submitted. 
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1 ‘‘(iv) The Secretary’s assessment of 

2 the overall progress of the MMRP. 

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

4 under the environmental quality program of the De5 partment of Defense and for each of the military de6 partments— 

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

8 or proposed to be expended, during the period 

9 consisting of the four fiscal years preceding the 

10 fiscal year in which the report is submitted, the 

11 fiscal year for which the budget is submitted, 

12 and the fiscal year following the fiscal year for 

13 which the budget is submitted; and 

14 ‘‘(B) an explanation for any significant 

15 change in such amounts during the period cov16 ered. 

17 ‘‘(3) With respect to the environmental tech18 nology program of the Department of Defense— 

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

20 achieving the objectives and goals of its envi21 ronmental technology program during the pre22 ceding fiscal year and an overall trend analysis 

23 for the program covering the previous four fis24 cal years; and 
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1 ‘‘(B) a statement of the amount expended, 

2 or proposed to be expended, during the period 

3 consisting of the four fiscal years preceding the 

4 fiscal year in which the report is submitted, the 

5 fiscal year for which the budget is submitted, 

6 and the fiscal year following the fiscal year for 

7 which the budget is submitted. 

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

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

10 means a program of activities relating to environ11 mental compliance, conservation, pollution preven12 tion, and other activities relating to environmental 

13 quality as the Secretary may designate; and 

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

15 an environmental program means— 

16 ‘‘(A) environmental compliance activities; 

17 ‘‘(B) conservation activities; and 

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

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

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 2710 the following new 

22 item: 

‘‘2711. Annual report on defense environmental programs.’’. 
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1 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 

2 AGENCY OF STIPULATED PENALTIES IN CON3 NECTION WITH JACKSON PARK HOUSING 

4 COMPLEX, WASHINGTON. 

5 (a) AUTHORITY TO TRANSFER FUNDS.— 

6 (1) TRANSFER AMOUNT.—Using funds de7 scribed in subsection (b) and notwithstanding sec8 tion 2215 of title 10, United States Code, the Sec9 retary of the Navy may transfer not more than 

10 $45,000 to the Hazardous Substance Superfund 

11 Jackson Park Housing Complex, Washington, spe12 cial account. 

13 (2) PURPOSE OF TRANSFER.—The payment 

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

15 assessed by the Environmental Protection Agency on 

16 October 7, 2009, against the Jackson Park Housing 

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

18 submit a draft Final Remedial Investigation/Feasi19 bility Study for the Jackson Park Housing Complex 

20 Operable Unit (OU–3T–JPHC) in accordance with 

21 the requirements of the Interagency Agreement (Ad22 ministrative Docket No. CERCLA–10–2005–0023). 

23 (b) SOURCE OF FUNDS.—Any payment under sub24 section (a) shall be made using funds authorized to be ap25 propriated by section 301 for operation and maintenance 

26 for Environmental Restoration, Navy. 
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1 (c) USE OF FUNDS.—The amount transferred under 

2 subsection (a) shall be used by the Environmental Protec3 tion Agency to pay the penalty described under paragraph 

4 (2) of such subsection. 

5 SEC. 314. REQUIREMENTS RELATING TO AGENCY FOR 

6 TOXIC SUBSTANCES AND DISEASE REGISTRY 

7 INVESTIGATION OF EXPOSURE TO DRINKING 

8 WATER CONTAMINATION AT CAMP LEJEUNE, 

9 NORTH CAROLINA. 

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

11 funds authorized to be appropriated by this Act may be 

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

13 any claim filed regarding water contamination at Marine 

14 Corps Base Camp Lejeune unless the Agency for Toxic 

15 Substances and Disease Registry completes all epidemio16 logical and water modeling studies relevant to such con17 tamination that are ongoing as of June 1, 2011, and cer18 tifies the completion of all such studies in writing to the 

19 Committees on Armed Services for the Senate and the 

20 House of Representatives. This provision does not prevent 

21 the use of funds for routine administrative tasks required 

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

23 funds for matters pending in Federal court. 

24 (b) RESOLUTION OF CERTAIN DISPUTES.—The Sec25 retary of the Navy shall make every effort to resolve any 
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1 dispute arising between the Department of the Navy and 

2 the Agency for Toxic Substances and Disease Registry 

3 that is covered by the Interagency Agreement between the 

4 Department of Health and Human Services Agency for 

5 Toxic Substances and Disease Registry and the Depart6 ment of the Navy or any successor memorandum of under7 standing and signed agreements not later than 60 days 

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

9 event the Secretary is unable to resolve such a dispute 

10 within 60 days, the Secretary shall submit to the congres11 sional defense committees a report on the reasons why an 

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

13 Secretary plans to take to reach agreement, and the sched14 ule for taking such actions. 

15 (c) COORDINATION PRIOR TO RELEASING INFORMA16 TION TO THE PUBLIC.—The Secretary of the Navy shall 

17 make every effort to coordinate with the Agency for Toxic 

18 Substances and Disease Registry on all issues pertaining 

19 to water contamination at Marine Corps Base Camp 

20 Lejeune, and other exposed pathways before releasing any21 thing to the public. 

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

23 SHIPS OF THE ARMED FORCES. 

24 (a) DISCHARGE RESTRICTIONS FOR SHIPS OF THE

25 ARMED FORCES.—Subsection (b) of section 3 of the Act 
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1 to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is 

2 amended to read as follows: 

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

4 shall not apply to— 

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

6 paragraph (2); or 

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

8 MARPOL Protocol or the Antarctic Protocol. 

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

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

11 Coast Guard, or by the Secretary of a military depart12 ment, and that, as determined by the Secretary con13 cerned— 

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

15 manning, or operating requirements; and 

16 ‘‘(B) cannot fully comply with the discharge re17 quirements of Annex V to the Convention because 

18 compliance is not technologically feasible or would 

19 impair the operations or operational capability of the 

20 ship. 

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

22 MARPOL Protocol, the requirements of Annex V to the 

23 Convention shall apply to all ships referred to in sub24 section (a) other than those described in paragraph (2). 
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1 ‘‘(B) A ship that is described in paragraph (2) shall 

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

3 ‘‘(i) The discharge into the sea of plastics, in4 cluding synthetic ropes, synthetic fishing nets, plas5 tic garbage bags, and incinerator ashes from plastic 

6 products that may contain toxic chemicals or heavy 

7 metals, or the residues thereof, is prohibited. 

8 ‘‘(ii) Garbage consisting of the following mate9 rial may be discharged into the sea, subject to sub10 paragraph (C): 

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

12 paper, cardboard, or food waste that is capable 

13 of passing through a screen with openings no 

14 larger than 12 millimeters in diameter. 

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

16 shredded and bagged (in compliance with clause 

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

18 ‘‘(III) With regard to a submersible, non19 plastic garbage that has been compacted and 

20 weighted to ensure negative buoyancy. 

21 ‘‘(IV) Ash from incinerators or other ther22 mal destruction systems not containing toxic 

23 chemicals, heavy metals, or incompletely burned 

24 plastics. 
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1 ‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) 

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

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

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

5 12 nautical miles of land. 

6 ‘‘(D) Notwithstanding subparagraph (C), a ship de7 scribed in paragraph (2) that is not equipped with gar8 bage-processing equipment sufficient to meet the require9 ments of subparagraph (B)(ii) may discharge garbage that 

10 has not been processed in accordance with subparagraph 

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

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

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

14 the case of food wastes and non-floating garbage, in15 cluding paper products, cloth, glass, metal, bottles, 

16 crockery, and similar refuse; and 

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

18 the case of all other garbage. 

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

20 of any garbage is necessary for the purpose of securing 

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

22 or saving life at sea. 

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

24 war or a national emergency declared by the President or 

25 Congress.’’. 
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1 (b) CONFORMING AMENDMENTS.—Section 3(f) of the 

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

3 is amended— 

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

5 the Convention on or before the dates referred to in 

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

7 ‘‘subsection (b)’’; and 

8 (2) in paragraph (2), by inserting ‘‘and sub9 section (b)(3)(B)(i) of this section’’ after ‘‘Annex V 

10 to the Convention’’. 

11 SEC. 316. CONSIDERATION OF ENERGY SECURITY AND RE12 LIABILITY IN DEVELOPMENT AND IMPLE13 MENTATION OF ENERGY PERFORMANCE 

14 GOALS. 

15 Section 2911(c) of title 10, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(12) Opportunities to enhance energy security 

19 and reliability of defense facilities and missions, in20 cluding through the ability to operate for extended 

21 periods off-grid.’’. 

22 SEC. 317. INSTALLATION ENERGY METERING REQUIRE23 MENTS. 

24 The Secretary of Defense shall, to the maximum ex25 tent practicable, require that the information generated by 
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1 the installation energy meters be captured and tracked to 

2 determine baseline energy consumption and facilitate ef3 forts to reduce energy consumption. 

4 SEC. 318. TRAINING POLICY FOR DEPARTMENT OF DE5 FENSE ENERGY MANAGERS. 

6 (a) ESTABLISHMENT OF TRAINING POLICY.—The 

7 Secretary of Defense shall establish a training policy for 

8 Department of Defense energy managers designated for 

9 military installations in order to— 

10 (1) improve the knowledge, skills, and abilities 

11 of energy managers by ensuring understanding of 

12 existing energy laws, regulations, mandates, con13 tracting options, local renewable portfolio standards, 

14 current renewable energy technology options, energy 

15 auditing, and options to reduce energy consumption; 

16 (2) improve consistency among energy man17 agers throughout the Department in the perform18 ance of their responsibilities; 

19 (3) create opportunities and forums for energy 

20 managers to exchange ideas and lessons learned 

21 within each military department, as well as across 

22 the Department of Defense; and 

23 (4) collaborate with the Department of Energy 

24 regarding energy manager training. 
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1 (b) ISSUANCE OF POLICY.—Not later than 180 days 

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

3 of Defense shall issue the training policy for Department 

4 of Defense energy managers. 

5 (c) BRIEFING REQUIREMENT.—Not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary of Defense, or designated representatives of the 

8 Secretary, shall brief the Committees on Armed Services 

9 of the Senate and House of Representatives regarding the 

10 details of the energy manager policy. 

11 Subtitle C—Workplace and Depot 

12 Issues 

13 SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN 

14 DEPOTS. 

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

16 amended— 

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

18 year, the Secretary of a military department shall 

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

20 the objective of the Secretary of a military depart21 ment to invest’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘includes investment funds 

24 spent on depot infrastructure, equipment, and 

25 process improvement in direct support’’ and in-
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1 serting ‘‘includes investment funds spent to 

2 modernize or improve the efficiency of depot fa3 cilities, equipment, work environment, or proc4 esses in direct support’’; and 

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

6 does not include funds spent for any other re7 pair or activity to maintain or sustain existing 

8 facilities, infrastructure, or equipment.’’; 

9 (3) in subsection (d)— 

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

11 inserting ‘‘Not later than’’; 

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

13 capital investment for each military depart14 ment’’ and inserting ‘‘summarizing the level of 

15 capital investment in the military departments’’; 

16 and 

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

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

19 the following new subparagraphs: 

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

21 ‘‘(J) McAlester Ammunition Plant, Okla22 homa. 

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

24 ‘‘(L) Lake City Ammunition Plant, Mis25 souri. 
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1 ‘‘(M) Holsten Ammunition Plant, Ten2 nessee. 

3 ‘‘(N) Scranton Ammunition Plant, Penn4 sylvania. 

5 ‘‘(O) Iowa Ammunition Plant, Iowa. 

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

7 ‘‘(Q) Joint System Manufacturing Center, 

8 Lima Ohio.’’. 

9 SEC. 322. LIMITATION ON REVISING THE DEFINITION OF 

10 DEPOT-LEVEL MAINTENANCE. 

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

12 of the Secretaries of the military departments may not 

13 issue guidance, regulations, policy, or revisions to any De14 partment of Defense or service instructions containing a 

15 revision to the definition of depot-level maintenance unless 

16 the Secretary submits to the congressional defense com17 mittees the report described in subsection (b). 

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

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

20 regarding the advisability of establishing a single defini21 tion of depot-level maintenance, taking into consider22 ation— 

23 (1) the total industrial capacity, both in the pri24 vate sector industry and in the depots; 
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1 (2) the importance of establishing requirements 

2 and allocating workload on the basis of sound busi3 ness case analyses; and 

4 (3) establishing transparency and accountability 

5 in the development of the core workload require6 ments and in the allocation of workload under the 

7 requirements in section 2466 of title 10, United 

8 States Code. 

9 SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILI10 TIES AS CENTERS OF INDUSTRIAL AND TECH11 NICAL EXCELLENCE. 

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

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

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

15 activity’’. 

16 SEC. 324. REPORTS ON DEPOT-RELATED ACTIVITIES. 

17 (a) REPORT ON DEPOT-LEVEL MAINTENANCE AND

18 RECAPITALIZATION OF CERTAIN PARTS AND EQUIP19 MENT.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of the enactment of this Act, the Secretary 

22 of Defense in consultation with the military depart23 ments, shall submit to the congressional defense 

24 committees a report on the status of the Drawdown, 

25 Retrograde and Reset Program for the equipment 
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1 used in support of operations in Iraq and Afghani2 stan and the status of the overall supply chain man3 agement for depot-level activities. 

4 (2) ELEMENTS.—The report required under 

5 paragraph (1) shall include the following elements: 

6 (A) An assessment of the number of back7 logged parts for critical warfighter needs, an ex8 planation of why those parts became back9 logged, and an estimate of when the backlog is 

10 likely to be fully addressed. 

11 (B) A review of critical warfighter require12 ments that are being impacted by a lack of sup13 plies and parts and an explanation of steps that 

14 the Director plans to take to meet the demand 

15 requirements of the military departments. 

16 (C) An assessment of the feasibility and 

17 advisability of working with outside commercial 

18 partners to utilize flexible and efficient turn-key 

19 rapid production systems to meet rapidly 

20 emerging warfighter requirements. 

21 (D) A review of plans to further consoli22 date the ordering and stocking of parts and 

23 supplies from the military departments at de24 pots under the control of the Defense Logistics 

25 Agency. 
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1 (3) FLEXIBLE AND EFFICIENT TURN-KEY

2 RAPID PRODUCTION SYSTEMS DEFINED.—For the 

3 purposes of this subsection, flexible and efficient 

4 turn-key rapid production systems are systems that 

5 have demonstrated the capability to reduce the costs 

6 of parts, improve manufacturing efficiency, and have 

7 the following unique features: 

8 (A) VIRTUAL AND FLEXIBLE.—Systems 

9 that provide for flexibility to rapidly respond to 

10 requests for low-volume or high-volume ma11 chined parts and surge demand by accessing 

12 the full capacity of small- and medium-sized 

13 manufacturing communities in the United 

14 States. 

15 (B) SPEED TO MARKET.—Systems that 

16 provide for flexibility that allows rapid introduc17 tion of subassemblies for new parts and weap18 ons systems to the warfighter. 

19 (C) RISK MANAGEMENT.—Systems that 

20 provide for the electronic archiving and updat21 ing of turn-key rapid production packages to 

22 provide insurance to the Department of Defense 

23 that parts will be available if there is a supply 

24 chain disruption. 
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1 (b) REPORT ON THE ALIGNMENT, ORGANIZATIONAL

2 REPORTING, AND PERFORMANCE RATING OF AIR FORCE

3 SYSTEM PROGRAM MANAGERS, SUSTAINMENT PROGRAM

4 MANAGERS, AND PRODUCT SUPPORT MANAGERS AT AIR

5 LOGISTICS CENTERS OR AIR LOGISTICS COMPLEXES.— 

6 (1) REPORT REQUIRED.—The Secretary of the 

7 Air Force shall enter into an agreement with a fed8 erally funded research and development center to 

9 submit to the congressional defense committees, not 

10 later than 180 days after the date of the enactment 

11 of this Act, a report on the alignment, organizational 

12 reporting, and performance rating of Air Force sys13 tem program managers, sustainment program man14 agers, and product support managers at Air Logis15 tics Centers or Air Logistics Complexes. 

16 (2) ELEMENTS.—The report required under 

17 paragraph (1) shall include the following elements: 

18 (A) Consideration of the proposed reorga19 nization of Air Force Materiel Command an20 nounced on November 2, 2011. 

21 (B) An assessment of how various alter22 natives for aligning the managers described in 

23 subsection (a) within Air Force Materiel Com24 mand would likely support and impact life cycle 
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1 management, weapon system sustainment, and 

2 overall support to the warfighter. 

3 (C) With respect to the alignment of the 

4 managers described in subsection (A), an exam5 ination of how the Air Force should be orga6 nized to best conduct life cycle management 

7 and weapon system sustainment, with any anal8 ysis of cost and savings factors subject to the 

9 consideration of overall readiness. 

10 (D) Recommended alternatives for meeting 

11 these objectives. 

12 (3) COOPERATION OF SECRETARY OF AIR

13 FORCE.—The Secretary of the Air Force shall pro14 vide any necessary information and background ma15 terials necessary for completion of the report re16 quired under paragraph (1). 

17 Subtitle D—Reports 

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

19 RANGE INFRASTRUCTURE. 

20 (a) STUDY.— 

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

22 Force shall conduct a study on the ability of the 

23 major air test and training range infrastructure, in24 cluding major military operating area airspace and 

25 special use airspace, to support the full spectrum of 
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1 Air Force operations. The Secretary shall incor2 porate the results of the study into a master plan 

3 for requirements and proposed investments to meet 

4 Air Force training and test needs through 2025. 

5 The study and the master plan shall be known as 

6 the ‘‘2025 Air Test and Training Range Enhance7 ment Plan’’. 

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

9 Force shall, in conducting the study required under 

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

11 other military departments to determine opportuni12 ties for joint use and training of the ranges, and to 

13 assess the requirements needed to support combined 

14 arms training on the ranges. The Secretary shall 

15 also consult with the Department of the Interior, the 

16 Department of Agriculture, the Federal Aviation Ad17 ministration, the Federal Energy Regulation Com18 mission, and the Department of Energy to assess 

19 the need for transfers of administrative control of 

20 certain parcels of airspace and land to the Depart21 ment of Defense to protect the missions and control 

22 of the ranges. 

23 (3) CONTINUATION OF RANGE INFRASTRUC24 TURE IMPROVEMENTS.—The Secretary of the Air 

25 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; 

24 (H) prioritize improvements and mod25 ernization of the facilities, equipment, and tech-
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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; 

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; and 

22 (M) explore opportunities to increase for23 eign military training with United States allies 

24 at test and training ranges in the continental 

25 United States. 
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1 (3) FORM.—Each report required under this 

2 subsection shall be submitted in unclassified form, 

3 but may include a classified annex as necessary. 

4 (4) RULE OF CONSTRUCTION.—The reports 

5 submitted under this section shall not be construed 

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

7 the Military Construction Authorization Act for Fis8 cal Year 2000 (Public Law 106–65; 113 Stat. 852). 

9 SEC. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE 

10 FOR SPECIAL OPERATIONS FORCES. 

11 (a) STUDY.— 

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

13 United States Special Operations Command shall 

14 conduct a study on the ability of existing training 

15 ranges used by special operations forces, including 

16 military operating area airspace and special use air17 space, to support the full spectrum of missions and 

18 operations assigned to special operations forces. 

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

20 conducting the study required under paragraph (1), 

21 consult with the Secretaries of the military depart22 ments, the Office of the Secretary of Defense, and 

23 the Joint Staff on— 

24 (A) procedures and priorities for joint use 

25 and training on ranges operated by the military 
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1 services, and to assess the requirements needed 

2 to support combined arms training on the 

3 ranges; and 

4 (B) requirements and proposed invest5 ments to meet special operations training re6 quirements through 2025. 

7 (b) REPORTS.— 

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

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

10 Commander shall submit to the congressional de11 fense committees a report on the plan to meet the 

12 requirements under subsection (a). 

13 (2) CONTENT.—The study submitted under 

14 paragraph (1) shall— 

15 (A) assess the current condition and ade16 quacy of, and access to, all existing training 

17 ranges in the United States used by special op18 erations forces; 

19 (B) identify potential areas of concern for 

20 maintaining the physical safety, security, and 

21 current operating environment of ranges used 

22 by special operations forces; 

23 (C) identify issues and challenges related 

24 to the availability and sustainability of the ex25 isting training ranges used by special operations 
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1 forces, including support of a full spectrum of 

2 operations and protection of classified missions 

3 and tactics; 

4 (D) assess coordination among ranges and 

5 local, State, regional, and Federal entities in6 volved in land use planning and the protection 

7 of ranges from encroachment; 

8 (E) propose remedies and actions to ensure 

9 consistent and prioritized access to existing 

10 ranges; 

11 (F) prioritize improvements and mod12 ernization of the facilities, equipment, and tech13 nology supporting the ranges in order to ade14 quately simulate the full spectrum of threats 

15 and contingencies for special operations forces; 

16 and 

17 (G) propose a list of prioritized projects, 

18 easements, acquisitions, or other actions, in19 cluding estimated costs required to upgrade 

20 training range infrastructure. 

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

22 subsection shall be submitted in unclassified form, 

23 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 ap-
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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 SEC. 346. ELIGIBILITY OF ACTIVE AND RESERVE MEMBERS, 

14 RETIREES, GRAY AREA RETIREES, AND DE15 PENDENTS FOR SPACE-AVAILABLE TRAVEL 

16 ON MILITARY AIRCRAFT. 

17 (a) IN GENERAL.—Chapter 157 of title 10, United 

18 States Code, is amended by inserting after section 2641b 

19 the following new section: 

20 ‘‘§ 2641c. Space-available travel on department of de21 fense aircraft: eligibility 

22 ‘‘(a) AUTHORITY TO ESTABLISH BENEFIT PRO23 GRAM.—The Secretary of Defense may establish a pro24 gram to provide transportation on Department of Defense 
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1 aircraft on a space-available basis. The program shall be 

2 conducted in a budget neutral manner. 

3 ‘‘(b) BENEFIT.—If the Secretary establishes such a 

4 program, the Secretary shall, subject to section (c), pro5 vide the benefit equally to the following individuals: 

6 ‘‘(1) Active duty members and members of the 

7 Selected Reserve holding a valid Uniformed Services 

8 Identification and Privilege Card. 

9 ‘‘(2) A retired member of an active or reserve 

10 component, including retired members of reserve 

11 components, who, but for being under the eligibility 

12 age applicable to the member under section 12731 

13 of this title, would be eligible for retired pay under 

14 chapter 1223 of this title. 

15 ‘‘(3) An unremarried widow or widower of an 

16 active or reserve component member of the armed 

17 forces. 

18 ‘‘(4) A dependent that— 

19 ‘‘(A)(i) is the child of an active or reserve 

20 component member or former member described 

21 in paragraph (1) or (2); or 

22 ‘‘(ii) is the child of a deceased member en23 titled to retired pay holding a valid Uniformed 

24 Services Identification and Privilege Card and a 

25 surviving unremarried spouse; and 
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1 ‘‘(B) is accompanying the member or, in 

2 the case of a deceased member, is the surviving 

3 unremarried spouse of the deceased member or 

4 is a dependent accompanying the surviving 

5 unremarried spouse of the deceased member. 

6 ‘‘(5) The surviving dependent of a deceased 

7 member or former member described in paragraph 

8 (2) holding a valid Uniformed Services Identification 

9 and Privilege Card, if the dependent is accom10 panying the member or, in the case of a deceased 

11 member, is the surviving unremarried spouse of the 

12 deceased member or is a dependent accompanying 

13 the surviving unremarried spouse of the deceased 

14 member. 

15 ‘‘(6) Other such individuals as determined by 

16 the Secretary in the Secretary’s discretion. 

17 ‘‘(c) DISCRETION TO ESTABLISH PRIORITY

18 ORDER.—The Secretary, in establishing a program under 

19 this section, may establish an order of priority that is 

20 based on considerations of military needs and military 

21 readiness.’’. 

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

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 2641b the following new 

25 item: 

‘‘2641c. Space-available travel on Department of Defense aircraft: eligibility.’’. 
115 

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1 (c) REQUIREMENT FOR COMPTROLLER GENERAL

2 REVIEW.— 

3 (1) IN GENERAL.—The Comptroller General of 

4 the United States shall conduct a review of the De5 partment of Defense system for space-available trav6 el. The review shall determine the capacity of the 

7 system presently and as projected in the future and 

8 shall examine the efficiency and usage of space-avail9 able travel. 

10 (2) ELEMENTS.—The review required under 

11 paragraph (1) shall include the following elements: 

12 (A) A discussion of the efficiency of the 

13 system and data regarding usage of available 

14 space by category of passengers under existing 

15 regulations. 

16 (B) Estimates of the effect on availability 

17 based on future projections. 

18 (C) A discussion of the logistical and man19 agements problems, including congestion at ter20 minals, waiting times, lodging availability, and 

21 personal hardships currently experienced by 

22 travelers. 

23 (D) An evaluation of the cost of the system 

24 and whether space-available travel is and can 

25 remain cost-neutral. 
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1 (E) Other factors relating to the efficiency 

2 and cost effectiveness of space available travel. 

3 TITLE IV—MILITARY 

4 PERSONNEL AUTHORIZATIONS 

5 Subtitle A—Active Forces 

6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

7 The Armed Forces are authorized strengths for active 

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

9 (1) The Army, 562,000. 

10 (2) The Navy, 325,700. 

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

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

13 Subtitle B—Reserve Forces 

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

16 strengths for Selected Reserve personnel of the reserve 

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

18 (1) The Army National Guard of the United 

19 States, 358,200. 

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

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

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

23 (5) The Air National Guard of the United 

24 States, 106,700. 

25 (6) The Air Force Reserve, 71,400. 
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1 (7) The Coast Guard Reserve, 10,000. 

2 (b) END STRENGTH REDUCTIONS.—The end 

3 strengths prescribed by subsection (a) for the Selected Re4 serve of any reserve component shall be proportionately 

5 reduced by— 

6 (1) the total authorized strength of units orga7 nized to serve as units of the Selected Reserve of 

8 such component which are on active duty (other 

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

10 (2) the total number of individual members not 

11 in units organized to serve as units of the Selected 

12 Reserve of such component who are on active duty 

13 (other than for training or for unsatisfactory partici14 pation in training) without their consent at the end 

15 of the fiscal year. 

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

17 individual members of the Selected Reserve of any reserve 

18 component are released from active duty during any fiscal 

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

20 the Selected Reserve of such reserve component shall be 

21 increased proportionately by the total authorized strengths 

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

23 members. 
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the reserve components of the Armed Forces are 

5 authorized, as of September 30, 2012, the following num6 ber of Reserves to be serving on full-time active duty or 

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

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 32,060. 

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

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

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

15 (5) The Air National Guard of the United 

16 States, 14,584. 

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

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2012 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 8,395. 
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1 (2) For the Army National Guard of the United 

2 States, 27,210. 

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

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

5 States, 22,394. 

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

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.— 

9 (1) NATIONAL GUARD.—Within the limitation 

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

11 States Code, the number of non-dual status techni12 cians employed by the National Guard as of Sep13 tember 30, 2012, may not exceed the following: 

14 (A) For the Army National Guard of the 

15 United States, 1,600. 

16 (B) For the Air National Guard of the 

17 United States, 350. 

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

19 status technicians employed by the Army Reserve as 

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

21 (3) AIR FORCE RESERVE.—The number of non22 dual status technicians employed by the Air Force 

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

24 90. 
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1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

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

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

4 United States Code. 

5 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU6 THORIZED TO BE ON ACTIVE DUTY FOR 

7 OPERATIONAL SUPPORT. 

8 During fiscal year 2012, the maximum number of 

9 members of the reserve components of the Armed Forces 

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

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

12 States Code, is the following: 

13 (1) The Army National Guard of the United 

14 States, 17,000. 

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

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

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

18 (5) The Air National Guard of the United 

19 States, 16,000. 

20 (6) The Air Force Reserve, 14,000. 
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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated for military per6 sonnel for fiscal year 2012 a total of $142,347,648,000. 

7 (b) CONSTRUCTION OF AUTHORIZATION.—The au8 thorization of appropriations in subsection (a) supersedes 

9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2012. 

11 TITLE V—MILITARY PERSONNEL 

12 POLICY 

13 Subtitle A—Officer Personnel 

14 Policy Generally 

15 SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MA16 RINE CORPS OFFICERS ON ACTIVE DUTY. 

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

18 amended by striking those parts of the table pertaining 

19 to the Marine Corps and inserting the following: 

‘‘Marine Corps: ...............................

10,000 ......................................... 2,802 1,615 633

12,500 ......................................... 3,247 1,768 658

15,000 ......................................... 3,691 1,922 684

17,500 ......................................... 4,135 2,076 710

20,000 ......................................... 4,579 2,230 736

22,500 ......................................... 5,024 2,383 762

25,000 ......................................... 5,468 2,537 787’’. 
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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— 

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

21 20 years, but not more than 29 years, on the ap22 proved date of retirement; 

23 ‘‘(B) meets the minimum length of commis24 sioned service requirement for voluntary retirement 

25 as a commissioned officer in accordance with section 
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1 3911, 6323, or 8911 of this title, as applicable to 

2 that officer; 

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

4 months or more remaining on active-duty service be5 fore reaching the maximum retirement years of ac6 tive service for the member’s grade as specified in 

7 section 633 or 634 of this title; 

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

9 12 months or more remaining on active-duty service 

10 before reaching the maximum retirement age under 

11 any other provision of law; and 

12 ‘‘(E) meets any additional requirements for 

13 such eligibility as is specified by the Secretary con14 cerned, including any requirement relating to years 

15 of service, skill rating, military specialty or competi16 tive category, grade, any remaining period of obli17 gated service, or any combination thereof. 

18 ‘‘(2) The following officers are not eligible for a vol19 untary retirement incentive payment under this section: 

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

21 under chapter 61 of this title. 

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

23 section 1201 or 1204 of this title. 
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1 ‘‘(C) An officer projected to be discharged with 

2 disability severance pay under section 1212 of this 

3 title. 

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

5 disability retired list under section 1202 or 1205 of 

6 this title. 

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

8 action or subject to administrative separation or 

9 mandatory discharge under any other provision of 

10 law or regulation. 

11 ‘‘(c) AMOUNT OF PAYMENT.—The amount of the vol12 untary retirement incentive payment paid an officer under 

13 this section shall be an amount determined by the Sec14 retary concerned, but not to exceed an amount equal to 

15 12 times the amount of the officer’s monthly basic pay 

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

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

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

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

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

21 all or part of a voluntary retirement incentive under this 

22 section, returns to active duty shall have deducted from 

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

24 installments as the Secretary concerned shall specify, until 
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1 the total amount deducted from such basic pay equals the 

2 total amount of voluntary retirement incentive received. 

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

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

5 of law shall not be subject to this subsection. 

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

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

8 Secretary determines that recovery would be against eq9 uity and good conscience or would be contrary to the best 

10 interest of the United States. The authority in this para11 graph may be delegated only to the Under Secretary of 

12 Defense for Personnel and Readiness and the Principal 

13 Deputy Under Secretary of Defense of Personnel and 

14 Readiness.’’. 

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

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

17 title is amended by inserting after the item relating to sec18 tion 638a the following new item: 

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

19 SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACE20 MENT WAIVER. 

21 (a) WAIVER AUTHORITY FOR OFFICERS NOT DES22 IGNATED AS JOINT QUALIFIED OFFICERS.—Subsection 

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

24 amended— 
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1 (1) in paragraph (1), by inserting after ‘‘to a 

2 joint duty assignment’’ the following: ‘‘(or, as au3 thorized by the Secretary in an individual case, to a 

4 joint assignment other than a joint duty assign5 ment)’’; and 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘the joint duty assign8 ment’’ and inserting ‘‘the assignment’’; and 

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

10 and inserting ‘‘such an assignment’’. 

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

12 adding at the end the following new subsection: 

13 ‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM

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

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

16 within the National Defense University specified in sub17 section (c) following pursuit of a program on an other18 than-in-residence basis. 

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

20 any group of officers graduating from a school within the 

21 National Defense University specified in subsection (c) fol22 lowing pursuit of a program on an other-than-in-residence 

23 basis.’’. 
127 

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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 
128 

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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. 
129 

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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. 

24 ‘‘(f) RELATIONSHIP TO WAR POWERS RESOLU25 TION.—Nothing contained in this section shall be con-
130 

†S 1867 ES

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’’. 
132 

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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,’’. 
133 

†S 1867 ES

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; 

22 (7) address any other matter relating to the 

23 management and long-term viability of the military 

24 technician as a distinct personnel management cat-
135 

†S 1867 ES

1 egory that the Secretary shall specify for purposes of 

2 the study; and 

3 (8) ensure the involvement and input of mili4 tary technicians (dual status). 

5 (c) REPORT.—Not later than one year after the date 

6 of the enactment of this Act, the Secretary shall submit 

7 to the congressional defense committees a report on the 

8 study required by subsection (a). The report shall set forth 

9 the results of the study, including the matters specified 

10 in subsection (b), and include such comments and rec11 ommendations on the results of the study as the Secretary 

12 considers appropriate. 

13 SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RE14 SERVE, MARINE CORPS RESERVE, AND AIR 

15 FORCE RESERVE TO ACTIVE DUTY TO PRO16 VIDE ASSISTANCE IN RESPONSE TO A MAJOR 

17 DISASTER OR EMERGENCY. 

18 (a) AUTHORITY.— 

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

20 United States Code, as amended by section 

21 511(a)(1), is further amended by inserting after sec22 tion 12304a the following new section: 
136 

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1 ‘‘§ 12304b. Army Reserve, Navy Reserve, Marine 

2 Corps Reserve, and Air Force Reserve: 

3 order to active duty to provide assistance 

4 in response to a major disaster or emer5 gency 

6 ‘‘(a) AUTHORITY.—When a Governor requests Fed7 eral assistance in responding to a major disaster or emer8 gency (as those terms are defined in section 102 of the 

9 Robert T. Stafford Disaster Relief and Emergency Assist10 ance Act (42 U.S.C. 5122)), the Secretary of Defense 

11 may, without the consent of the member affected, order 

12 any unit, and any member not assigned to a unit orga13 nized to serve as a unit, of the Army Reserve, Navy Re14 serve, Marine Corps Reserve, and Air Force Reserve to 

15 active duty for a continuous period of not more than 120 

16 days to respond to the Governor’s request. 

17 ‘‘(b) EXCLUSION FROM STRENGTH LIMITATIONS.— 

18 Members ordered to active duty under this section shall 

19 not be counted in computing authorized strength of mem20 bers on active duty or members in grade under this title 

21 or any other law. 

22 ‘‘(c) TERMINATION OF DUTY.—Whenever any unit or 

23 member of the reserve components is ordered to active 

24 duty under this section, the service of all units or members 

25 so ordered to active duty may be terminated by order of 

26 the Secretary of Defense or law.’’. 
137 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter, as amended 

3 by section 511(a)(2), is further amended by insert4 ing after the item relating to section 12304a the fol5 lowing new item: 

‘‘12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to 

a major disaster or emergency.’’. 

6 (b) TREATMENT OF OPERATIONS AS CONTINGENCY

7 OPERATIONS.—Section 101(a)(13)(B) of such title is 

8 amended by inserting ‘‘12304b,’’ after ‘‘12304,’’. 

9 (c) USUAL AND CUSTOMARY ARRANGEMENT.— 

10 (1) DUAL-STATUS COMMANDER.—When the 

11 Armed Forces and the National Guard are employed 

12 simultaneously in support of civil authorities in the 

13 United States, appointment of a commissioned offi14 cer as a dual-status commander serving on active 

15 duty and duty in, or with, the National Guard of a 

16 State under sections 315 or 325 of title 32, United 

17 States Code, as commander of Federal forces by 

18 Federal authorities and as commander of State Na19 tional Guard forces by State authorities, should be 

20 the usual and customary command and control ar21 rangement, including for missions involving a major 

22 disaster or emergency as those terms are defined in 

23 section 102 of the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 5122). 
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1 The chain of command for the Armed Forces shall 

2 remain in accordance with sections 162(b) and 

3 164(c) of title 10, United States Code. 

4 (2) STATE AUTHORITIES SUPPORTED.—When a 

5 major disaster or emergency occurs in any area sub6 ject to the laws of any State, Territory, or the Dis7 trict of Columbia, the Governor of the State affected 

8 normally should be the principal civil authority sup9 ported by the primary Federal agency and its sup10 porting Federal entities, and the Adjutant General 

11 of the State or his or her subordinate designee nor12 mally should be the principal military authority sup13 ported by the dual-status commander when acting in 

14 his or her State capacity. 

15 (3) RULE OF CONSTRUCTION.—Nothing in 

16 paragraphs (1) or (2) shall be construed to preclude 

17 or limit, in any way, the authorities of the President, 

18 the Secretary of Defense, or the Governor of any 

19 State to direct, control, and prescribe command and 

20 control arrangements for forces under their com21 mand. 
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1 Subtitle C—General Service 

2 Authorities 

3 SEC. 521. REPEAL OF MANDATORY HIGH-DEPLOYMENT AL4 LOWANCE. 

5 (a) REPEAL.—Section 436 of title 37, United States 

6 Code, is repealed. 

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

8 at the beginning of chapter 7 of such title is amended by 

9 striking the item relating to section 436. 

10 SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF 

11 MEMBERS FOR UNSUITABILITY BASED ON 

12 THE SAME MEDICAL CONDITION FOR WHICH 

13 THEY WERE DETERMINED TO BE FIT FOR 

14 DUTY. 

15 (a) PROHIBITION.—Subsection (a) of section 1214a 

16 of title 10, United States Code, is amended by inserting 

17 ‘‘, or deny reenlistment of the member,’’ after ‘‘a member 

18 described in subsection (b)’’. 

19 (b) CONFORMING AMENDMENT.—Subsection (c)(3) 

20 of such section is amended by inserting ‘‘or denial of reen21 listment’’ after ‘‘to warrant administrative separation’’. 

22 (c) CLERICAL AMENDMENTS.— 

23 (1) HEADING AMENDMENT.—The heading of 

24 such section is amended to read as follows: 
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1 ‘‘§ 1214a. Members determined fit for duty in Phys2 ical Evaluation Board: prohibition on in3 voluntary administrative separation or 

4 denial of reenlistment due to 

5 unsuitability based on medical conditions 

6 considered in evaluation’’. 

7 (2) TABLE OF SECTIONS.—The table of sections 

8 at the beginning of chapter 61 of such title is 

9 amended by striking the item relating to section 

10 1214a and inserting the following new item: 

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

11 SEC. 523. EXPANSION OF REGULAR ENLISTED MEMBERS 

12 COVERED BY EARLY DISCHARGE AUTHORITY. 

13 Section 1171 of title 10, United States Code, is 

14 amended by striking ‘‘within three months’’ and inserting 

15 ‘‘within one year’’. 

16 SEC. 524. EXTENSION OF VOLUNTARY SEPARATION PAY 

17 AND BENEFITS. 

18 Section 1175a(k)(1) of title 10, United States Code, 

19 is amended by striking ‘‘December 31, 2012’’ and insert20 ing ‘‘December 31, 2018’’. 
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1 SEC. 525. EMPLOYMENT SKILLS TRAINING FOR MEMBERS 

2 OF THE ARMED FORCES ON ACTIVE DUTY 

3 WHO ARE TRANSITIONING TO CIVILIAN LIFE. 

4 Section 1143 of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(e) EMPLOYMENT SKILLS TRAINING.—(1) The Sec8 retary of a military department may carry out one or more 

9 programs to provide eligible members of the armed forces 

10 under the jurisdiction of the Secretary with job training 

11 and employment skills training to help prepare such mem12 bers for employment in the civilian sector. 

13 ‘‘(2) A member of the armed forces is an eligible 

14 member for purposes of a program under this subsection 

15 if the member— 

16 ‘‘(A) has completed at least 180 days on active 

17 duty in the armed forces; and 

18 ‘‘(B) is expected to be discharged or released 

19 from active duty in the armed forces within 180 

20 days of the date of commencement of participation 

21 in such a program. 

22 ‘‘(3) Any program under this subsection shall be car23 ried out in accordance with regulations prescribed by the 

24 Secretary of Defense.’’. 
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1 SEC. 526. POLICY ON MILITARY RECRUITMENT AND EN2 LISTMENT OF GRADUATES OF SECONDARY 

3 SCHOOLS. 

4 (a) EQUAL TREATMENT FOR SECONDARY SCHOOL

5 GRADUATES.— 

6 (1) EQUAL TREATMENT.—For the purposes of 

7 recruitment and enlistment in the Armed Forces, the 

8 Secretary of a military department shall treat a 

9 graduate described in paragraph (2) in the same 

10 manner as a graduate of a secondary school (as de11 fined in section 9101(38) of the Elementary and 

12 Secondary Education Act of 1965 (20 U.S.C. 

13 7801(38)). 

14 (2) COVERED GRADUATES.—Paragraph (1) ap15 plies with respect to a person who— 

16 (A) receives a diploma from a secondary 

17 school that is legally operating; or 

18 (B) otherwise completes a program of sec19 ondary education in compliance with the edu20 cation laws of the State in which the person re21 sides. 

22 (b) POLICY ON RECRUITMENT AND ENLISTMENT.— 

23 Not later than 180 days after the date of the enactment 

24 of this Act, the Secretary of Defense shall prescribe a pol25 icy on recruitment and enlistment that incorporates the 

26 following: 
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1 (1) Means for identifying persons described in 

2 subsection (a)(2) who are qualified for recruitment 

3 and enlistment in the Armed Forces, which may in4 clude the use of a noncognitive aptitude test, adapt5 ive personality assessment, or other operational at6 trition screening tool to predict performance, behav7 iors, and attitudes of potential recruits that influ8 ence attrition and the ability to adapt to a regi9 mented life in the Armed Forces. 

10 (2) Means for assessing how qualified persons 

11 fulfill their enlistment obligation. 

12 (3) Means for maintaining data, by each di13 ploma source, which can be used to analyze attrition 

14 rates among qualified persons. 

15 (c) RECRUITMENT PLAN.—As part of the policy re16 quired by subsection (b), the Secretary of each of the mili17 tary departments shall develop a recruitment plan that in18 cludes a marketing strategy for targeting various seg19 ments of potential recruits with all types of secondary edu20 cation credentials. 

21 (d) COMMUNICATION PLAN.—The Secretary of each 

22 of the military departments shall develop a communication 

23 plan to ensure that the policy and recruitment plan are 

24 understood by military recruiters. 
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1 SEC. 527. FREEDOM OF CONSCIENCE OF MILITARY CHAP2 LAINS WITH RESPECT TO THE PERFORM3 ANCE OF MARRIAGES. 

4 A military chaplain who, as a matter of conscience 

5 or moral principle, does not wish to perform a marriage 

6 may not be required to do so. 

7 Subtitle D—Education and 

8 Training 

9 SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PRO10 FESSIONAL MILITARY EDUCATION. 

11 (a) AUTHORITY TO CREDIT MILITARY GRADUATES

12 OF THE NATIONAL DEFENSE INTELLIGENCE COLLEGE

13 WITH COMPLETION OF JOINT PROFESSIONAL MILITARY

14 EDUCATION PHASE I.— 

15 (1) JOINT PROFESSIONAL MILITARY EDUCATION

16 PHASE I.—Section 2154(a)(1) of title 10, United 

17 States Code, is amended by inserting ‘‘or at a joint 

18 intermediate level school’’ before the period at the 

19 end. 

20 (2) JOINT INTERMEDIATE LEVEL SCHOOL DE21 FINED.—Section 2151(b) of such title is amended by 

22 adding at the end the following new paragraph: 

23 ‘‘(3) The term ‘joint intermediate level school’ 

24 includes the National Defense Intelligence College.’’. 
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1 (b) AUTHORITY FOR OTHER-THAN-IN RESIDENCE

2 PROGRAM TAUGHT THROUGH JOINT FORCES STAFF COL3 LEGE.— 

4 (1) IN GENERAL.—Section 2154(a)(2) of such 

5 title is amended— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘in residence at’’; 

8 (B) in subparagraph (A), by inserting 

9 ‘‘by’’ after ‘‘(A)’’; and 

10 (C) in subparagraph (B), by inserting ‘‘in 

11 residence at’’ after ‘‘(B)’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 2156(b) of such title is amended by inserting ‘‘in 

14 residence’’ after ‘‘course of instruction offered’’. 

15 SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNI16 FORMED MEDICAL ACCESSION PROGRAMS. 

17 (a) MEDICAL STUDENTS OF USUHS.—Section 

18 2114(b) of title 10, United States Code, is amended— 

19 (1) in paragraph (1), by striking the second 

20 sentence and inserting the following new sentences: 

21 ‘‘Each medical student shall be appointed as a reg22 ular officer in the grade of second lieutenant or en23 sign. An officer so appointed may, upon meeting 

24 such criteria for promotion as may be prescribed by 

25 the Secretary concerned, be appointed in the regular 
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1 grade of first lieutenant or lieutenant (junior grade). 

2 Medical students commissioned under this section 

3 shall serve on active duty in their respective 

4 grades.’’; 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 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL9 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

10 2121(c) of such title is amended— 

11 (1) in paragraph (1), by striking the second 

12 sentence and inserting the following new sentences: 

13 ‘‘Each person so commissioned shall be appointed as 

14 a reserve officer in the grade of second lieutenant or 

15 ensign. An officer so appointed may, upon meeting 

16 such criteria for promotion as may be prescribed by 

17 the Secretary concerned, be appointed in the reserve 

18 grade of first lieutenant or lieutenant (junior grade). 

19 Medical students commissioned under this section 

20 shall serve on active duty in their respective grades 

21 for a period of 45 days during each year of partici22 pation in the program.’’; and 

23 (2) in paragraph (2), by striking ‘‘grade of sec24 ond lieutenant or ensign’’ and inserting ‘‘grade in 

25 which the member is serving under paragraph (1)’’. 
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1 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

2 SCHOOLS.—Subsection (e) of section 2004a of such title 

3 is amended— 

4 (1) in the subsection heading, by striking ‘‘AP5 POINTMENT AND TREATMENT OF PRIOR ACTIVE

6 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

7 DUTY’’; and 

8 (2) by striking paragraph (1) and inserting the 

9 following new paragraph (1): 

10 ‘‘(1) A commissioned officer detailed under sub11 section (a) shall serve on active duty, subject to the limita12 tions on grade specified in section 2114(b)(1) of this title 

13 and with the entitlement to basic pay as specified in sec14 tion 2114(b)(2) of this title.’’. 

15 SEC. 543. RESERVE COMPONENT MENTAL HEALTH STU16 DENT STIPEND. 

17 (a) RESERVE COMPONENT MENTAL HEALTH STU18 DENT STIPEND.—Section 16201 of title 10, United States 

19 Code, is amended— 

20 (1) by redesignating subsection (f) as sub21 section (g); and 

22 (2) by inserting after subsection (e) the fol23 lowing new subsection (f): 

24 ‘‘(f) MENTAL HEALTH PROFESSIONALS IN CRITICAL

25 WARTIME SPECIALTIES.—(1) Under the stipend program 
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1 under this chapter, the Secretary of the military depart2 ment concerned may enter into an agreement with a per3 son who— 

4 ‘‘(A) is eligible to be appointed as an officer in 

5 a reserve component; 

6 ‘‘(B) is enrolled or has been accepted for enroll7 ment in an institution in a course of study that re8 sults in a degree in clinical psychology or social 

9 work; 

10 ‘‘(C) signs an agreement that, unless sooner 

11 separated, the person will— 

12 ‘‘(i) complete the educational phase of the 

13 program; 

14 ‘‘(ii) accept a reappointment or redesigna15 tion within the person’s reserve component, if 

16 tendered, based upon the person’s health pro17 fession, following satisfactory completion of the 

18 educational and intern programs; and 

19 ‘‘(iii) participate in a residency program if 

20 required for clinical licensure; and 

21 ‘‘(D) if required by regulations prescribed by 

22 the Secretary of Defense, agrees to apply for, if eli23 gible, and accept, if offered, residency training in a 

24 health profession skill that has been designated by 

25 the Secretary as a critically needed wartime skill. 
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1 ‘‘(2) Under the agreement— 

2 ‘‘(A) the Secretary of the military department 

3 concerned shall agree to pay the participant a sti4 pend, in the amount determined under subsection 

5 (g), for the period or the remainder of the period 

6 that the student is satisfactorily progressing toward 

7 a degree in clinical psychology or social work while 

8 enrolled in a school accredited in the designated 

9 mental health discipline; 

10 ‘‘(B) the participant shall not be eligible to re11 ceive such stipend before appointment, designation, 

12 or assignment as an officer for service in the Ready 

13 Reserve; 

14 ‘‘(C) the participant shall be subject to such ac15 tive duty requirements as may be specified in the 

16 agreement and to active duty in time of war or na17 tional emergency as provided by law for members of 

18 the Ready Reserve; and 

19 ‘‘(D) the participant shall agree to serve, upon 

20 successful completion of the program, one year in 

21 the Ready Reserve for each six months, or part 

22 thereof, for which the stipend is provided, to be 

23 served in the Selected Reserve or in the Individual 

24 Ready Reserve as specified in the agreement.’’. 
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1 (b) CONFORMING AMENDMENTS.—Such section is 

2 further amended— 

3 (1) in subsections (b)(2)(A), (c)(2)(A), and 

4 (d)(2)(A), by striking ‘‘subsection (f)’’ and inserting 

5 ‘‘subsection (g)’’; and 

6 (2) in subsection (g), as redesignated by sub7 section (a)(1) of this section, by striking ‘‘subsection 

8 (b) or (c)’’ and inserting ‘‘subsection (b), (c), or 

9 (f)’’. 

10 SEC. 544. ENROLLMENT OF CERTAIN SERIOUSLY WOUND11 ED, ILL, OR INJURED FORMER OR RETIRED 

12 ENLISTED MEMBERS OF THE ARMED FORCES 

13 IN ASSOCIATE DEGREE PROGRAMS OF THE 

14 COMMUNITY COLLEGE OF THE AIR FORCE IN 

15 ORDER TO COMPLETE DEGREE PROGRAM. 

16 (a) IN GENERAL.—Section 9315 of title 10, United 

17 States Code, is amended— 

18 (1) by redesignating subsection (c) as sub19 section (d); and 

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

22 ‘‘(c) SERIOUSLY WOUNDED, ILL, OR INJURED

23 FORMER AND RETIRED ENLISTED MEMBERS.—(1) The 

24 Secretary of the Air Force may authorize participation in 

25 a program of higher education under subsection (a)(1) by 
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1 a person who is a former or retired enlisted member of 

2 the armed forces who at the time of the person’s separa3 tion from active duty— 

4 ‘‘(A) had commenced but had not completed a 

5 program of higher education under subsection 

6 (a)(1); and 

7 ‘‘(B) is categorized by the Secretary concerned 

8 as seriously wounded, ill, or injured. 

9 ‘‘(2) A person may not be authorized under para10 graph (1) to participate in a program of higher education 

11 after the end of the 10-year period beginning on the date 

12 of the person’s separation from active duty.’’. 

13 (b) CONFORMING AMENDMENTS.—Subsection (d) of 

14 such section, as redesignated by subsection (a)(1), is 

15 amended by striking ‘‘enlisted member’’ both places it ap16 pears and inserting ‘‘person’’. 

17 (c) EFFECTIVE DATE.—Subsection (c) of section 

18 9315 of title 10, United States Code (as added by sub19 section (a)(2)), shall apply to persons covered by para20 graph (1) of such subsection who are categorized by the 

21 Secretary concerned as seriously wounded, ill, or injured 

22 after September 11, 2001. With respect to any such per23 son who is separated from active duty during the period 

24 beginning on September 12, 2001, and ending on the date 

25 of the enactment of this Act, the 10-year period specified 
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1 in paragraph (2) of such subsection shall be deemed to 

2 commence on the date of the enactment of this Act. 

3 SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AU4 THORITY TO ISSUE ARMS, TENTAGE, AND 

5 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

6 NOT MAINTAINING UNITS OF JUNIOR ROTC. 

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

8 United States Code, is amended by inserting after section 

9 2552 the following new section: 

10 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

11 institutions not maintaining units of Jun12 ior R.O.T.C. 

13 ‘‘The Secretary of a military department may issue 

14 arms, tentage, and equipment to an educational institution 

15 at which no unit of the Junior Reserve Officers’ Training 

16 Corps is maintained if the educational institution— 

17 ‘‘(1) offers a course in military training pre18 scribed by that Secretary; and 

19 ‘‘(2) has a student body of at least 100 phys20 ically fit students over 14 years of age.’’. 

21 (b) CONFORMING REPEALS.—Sections 4651, 7911, 

22 and 9651 of such title are repealed. 

23 (c) CLERICAL AMENDMENTS.— 

24 (1) The table of sections at the beginning of 

25 chapter 152 of such title is amended by inserting 
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1 after the item relating to section 2552 the following 

2 new item: 

‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 

units of Junior R.O.T.C.’’. 

3 (2) The table of sections at the beginning of 

4 chapter 441 of such title is amended by striking the 

5 item relating to section 4651. 

6 (3) The table of sections at the beginning of 

7 chapter 667 of such title is amended by striking the 

8 item relating to section 7911. 

9 (4) The table of sections at the beginning of 

10 chapter 941 of such title is amended by striking the 

11 item relating to section 9651. 

12 SEC. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM 

13 AGE LIMITATION ON ADMISSION TO THE 

14 MILITARY SERVICE ACADEMIES. 

15 (a) WAIVER FOR CERTAIN ENLISTED MEMBERS.— 

16 The Secretary of the military department concerned may 

17 waive the maximum age limitation specified in section 

18 4346(a), 6958(a)(1), or 9346(a) of title 10, United States 

19 Code, for the admission of an enlisted member of the 

20 Armed Forces to the United States Military Academy, the 

21 United States Naval Academy, or the United States Air 

22 Force Academy if the member— 
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1 (1) satisfies the eligibility requirements for ad2 mission to that academy (other than the maximum 

3 age limitation); and 

4 (2) was or is prevented from being admitted to 

5 a military service academy before the member 

6 reached the maximum age specified in such sections 

7 as a result of service on active duty in a theater of 

8 operations for Operation Iraqi Freedom, Operation 

9 Enduring Freedom, or Operation New Dawn. 

10 (b) MAXIMUM AGE FOR RECEIPT OF WAIVER.—A 

11 waiver may not be granted under this section if the can12 didate would pass the candidate’s twenty-sixth birthday by 

13 July 1 of the year in which the candidate would enter the 

14 military service academy pursuant to the waiver. 

15 (c) LIMITATION ON NUMBER ADMITTED USING

16 WAIVER.—Not more than five candidates may be admitted 

17 to each of the military service academies for an academic 

18 year pursuant to a waiver granted under this section. 

19 (d) RECORD KEEPING REQUIREMENT.—The Sec20 retary of each military department shall maintain records 

21 on the number of graduates of the military service acad22 emy under the jurisdiction of the Secretary who are admit23 ted pursuant to a waiver granted under this section and 

24 who remain in the Armed Forces beyond the active duty 

25 service obligation assumed upon graduation. The Sec-
155 

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1 retary shall compare their retention rate to the retention 

2 rate of graduates of that academy generally. 

3 (e) REPORTS.—Not later than April 1, 2016, the Sec4 retary of each military department shall submit to the 

5 Committees on Armed Services of the Senate and the 

6 House of Representatives a report specifying— 

7 (1) the number of applications for waivers re8 ceived by the Secretary under this section; 

9 (2) the number of waivers granted by the Sec10 retary under this section; 

11 (3) the number of candidates actually admitted 

12 to the military service academy under the jurisdic13 tion of the Secretary pursuant to a waiver granted 

14 by the Secretary under this section; and 

15 (4) beginning with the class of 2009, the num16 ber of graduates of the military service academy 

17 under the jurisdiction of the Secretary who, before 

18 admission to that academy, were enlisted members 

19 of the Armed Forces and who remain in the Armed 

20 Forces beyond the active duty service obligation as21 sumed upon graduation. 

22 (f) DURATION OF WAIVER AUTHORITY.—The au23 thority to grant a waiver under this section expires on 

24 September 30, 2016. 
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1 SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVILIAN 

2 CREDENTIALING FOR SKILLS REQUIRED FOR 

3 MILITARY OCCUPATIONAL SPECIALTIES. 

4 (a) PILOT PROGRAM REQUIRED.—Commencing not 

5 later than nine months after the date of the enactment 

6 of this Act, the Secretary of Defense shall carry out a pilot 

7 program to assess the feasibility and advisability of per8 mitting enlisted members of the Armed Forces to obtain 

9 civilian credentialing or licensing for skills required for 

10 military occupational specialties (MOS) or qualification 

11 for duty specialty codes. 

12 (b) ELEMENTS.—In carrying out the pilot program, 

13 the Secretary shall— 

14 (1) designate not less than three or more than 

15 five military occupational specialities or duty spe16 ciality codes for coverage under the pilot program; 

17 and 

18 (2) permit enlisted members of the Armed 

19 Forces to obtain the credentials or licenses required 

20 for the specialities or codes so designated through ci21 vilian credentialing or licensing entities, institutions, 

22 or bodies selected by the Secretary for purposes of 

23 the pilot program, whether concurrently with mili24 tary training, at the completion of military training, 

25 or both. 
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1 (c) REPORT.—Not later than one year after com2 mencement of the pilot program, the Secretary shall sub3 mit to Congress a report on the pilot program. The report 

4 shall set forth the following: 

5 (1) The number of enlisted members who par6 ticipated in the pilot program. 

7 (2) A description of the costs incurred by the 

8 Department of Defense in connection with the re9 ceipt by members of credentialing or licensing under 

10 the pilot program. 

11 (3) A comparison the cost associated with re12 ceipt by members of credentialing or licensing under 

13 the pilot program with the cost of receipt of similar 

14 credentialing or licensing by recently-discharged vet15 erans of the Armed Forces under programs cur16 rently operated by the Department of Veterans Af17 fairs and the Department of Labor. 

18 (4) The recommendation of the Secretary as to 

19 the feasibility and advisability of expanding the pilot 

20 program to additional military occupational special21 ties or duty specialty codes, and, if such expansion 

22 is considered feasible and advisable, a list of the 

23 military occupational specialties and duty specialty 

24 codes recommended for inclusion the expansion. 
158 

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1 Subtitle E—Military Justice and 

2 Legal Matters Generally 

3 SEC. 551. REFORM OF OFFENSES RELATING TO RAPE, SEX4 UAL ASSAULT, AND OTHER SEXUAL MIS5 CONDUCT UNDER THE UNIFORM CODE OF 

6 MILITARY JUSTICE. 

7 (a) RAPE AND SEXUAL ASSAULT GENERALLY.—Sec8 tion 920 of title 10, United States Code (article 120 of 

9 the Uniform Code of Military Justice), is amended as fol10 lows: 

11 (1) REVISED OFFENSE OF RAPE.—Subsection 

12 (a) is amended to read as follows: 

13 ‘‘(a) RAPE.—Any person subject to this chapter who 

14 commits a sexual act upon another person by— 

15 ‘‘(1) using unlawful force against that other 

16 person; 

17 ‘‘(2) using force causing or likely to cause death 

18 or grievous bodily harm to any person; 

19 ‘‘(3) threatening or placing that other person in 

20 fear that any person will be subjected to death, 

21 grievous bodily harm, or kidnapping; 

22 ‘‘(4) first rendering that other person uncon23 scious; or 

24 ‘‘(5) administering to that other person by force 

25 or threat of force, or without the knowledge or con-
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1 sent of that person, a drug, intoxicant, or other 

2 similar substance and thereby substantially impair3 ing the ability of that other person to appraise or 

4 control conduct; 

5 is guilty of rape and shall be punished as a court-martial 

6 may direct.’’. 

7 (2) REPEAL OF PROVISIONS RELATING TO OF8 FENSES REPLACED BY NEW ARTICLE 120b.—Sub9 sections (b), (d), (f), (g), (i), (j), and (o) are re10 pealed. 

11 (3) REVISED OFFENSE OF SEXUAL ASSAULT.— 

12 Subsection (c) is redesignated as subsection (b) and 

13 is amended to read as follows: 

14 ‘‘(b) SEXUAL ASSAULT.—Any person subject to this 

15 chapter who— 

16 ‘‘(1) commits a sexual act upon another person 

17 by— 

18 ‘‘(A) threatening or placing that other per19 son in fear; 

20 ‘‘(B) causing bodily harm to that other 

21 person; 

22 ‘‘(C) making a fraudulent representation 

23 that the sexual act serves a professional pur24 pose; or 
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1 ‘‘(D) inducing a belief by any artifice, pre2 tense, or concealment that the person is another 

3 person; 

4 ‘‘(2) commits a sexual act upon another person 

5 when the person knows or reasonably should know 

6 that the other person is asleep, unconscious, or oth7 erwise unaware that the sexual act is occurring; or 

8 ‘‘(3) commits a sexual act upon another person 

9 when the other person is incapable of consenting to 

10 the sexual act due to— 

11 ‘‘(A) impairment by any drug, intoxicant, 

12 or other similar substance, and that condition is 

13 known or reasonably should be known by the 

14 person; or 

15 ‘‘(B) a mental disease or defect, or phys16 ical disability, and that condition is known or 

17 reasonably should be known by the person; 

18 is guilty of sexual assault and shall be punished as a court19 martial may direct.’’. 

20 (4) AGGRAVATED SEXUAL CONTACT.—Sub21 section (e) is redesignated as subsection (c) and is 

22 amended— 

23 (A) by striking ‘‘engages in’’ and inserting 

24 ‘‘commits’’; and 
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1 (B) by striking ‘‘with’’ and inserting 

2 ‘‘upon’’. 

3 (5) ABUSIVE SEXUAL CONTACT.—Subsection 

4 (h) is redesignated as subsection (d) and is amend5 ed— 

6 (A) by striking ‘‘engages in’’ and inserting 

7 ‘‘commits’’; 

8 (B) by striking ‘‘with’’ and inserting 

9 ‘‘upon’’; and 

10 (C) by striking ‘‘subsection (c) (aggravated 

11 sexual assault)’’ and inserting ‘‘subsection (b) 

12 (sexual assault)’’. 

13 (6) REPEAL OF PROVISIONS RELATING TO OF14 FENSES REPLACED BY NEW ARTICLE 120c.—Sub15 sections (k), (l), (m), and (n) are repealed. 

16 (7) PROOF OF THREAT.—Subsection (p) is re17 designated as subsection (e) and is amended— 

18 (A) by striking ‘‘the accused made’’ and 

19 inserting ‘‘a person made’’; 

20 (B) by striking ‘‘the accused actually’’ and 

21 inserting ‘‘the person actually’’; and 

22 (C) by inserting before the period at the 

23 end the following: ‘‘or had the ability to carry 

24 out the threat’’. 
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1 (8) DEFENSES.—Subsection (q) is redesignated 

2 as subsection (f) and is amended to read as follows: 

3 ‘‘(f) DEFENSES.—An accused may raise any applica4 ble defenses available under this chapter or the Rules for 

5 Court-Martial. Marriage is not a defense for any conduct 

6 in issue in any prosecution under this section.’’. 

7 (9) PROVISIONS RELATING TO AFFIRMATIVE

8 DEFENSES.—Subsections (r) and (s) are repealed. 

9 (10) DEFINITIONS.—Subsection (t) is redesig10 nated as subsection (g) and is amended— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (A), by inserting 

13 ‘‘or anus or mouth’’ after ‘‘vulva’’; and 

14 (ii) in subparagraph (B)— 

15 (I) by striking ‘‘genital opening’’ 

16 and inserting ‘‘vulva or anus or 

17 mouth,’’; and 

18 (II) by striking ‘‘a hand or fin19 ger’’ and inserting ‘‘any part of the 

20 body’’; 

21 (B) by striking paragraph (2) and insert22 ing the following: 

23 ‘‘(2) SEXUAL CONTACT.—The term ‘sexual con24 tact’ means— 
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1 ‘‘(A) touching, or causing another person 

2 to touch, either directly or through the clothing, 

3 the genitalia, anus, groin, breast, inner thigh, 

4 or buttocks of any person, with an intent to 

5 abuse, humiliate, or degrade any person; or 

6 ‘‘(B) any touching, or causing another per7 son to touch, either directly or through the 

8 clothing, any body part of any person, if done 

9 with an intent to arouse or gratify the sexual 

10 desire of any person. 

11 Touching may be accomplished by any part of the 

12 body.’’. 

13 (C) by striking paragraph (4) and redesig14 nating paragraph (3) as paragraph (4); 

15 (D) by redesignating paragraph (8) as 

16 paragraph (3), transferring that paragraph so 

17 as to appear after paragraph (2), and amending 

18 that paragraph by inserting before the period at 

19 the end the following: ‘‘, including any non20 consensual sexual act or nonconsensual sexual 

21 contact’’; 

22 (E) in paragraph (4), as redesignated by 

23 subparagraph (C), by striking the last sentence; 

24 (F) by striking paragraphs (5) and (7); 
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1 (G) by redesignating paragraph (6) as 

2 paragraph (7); 

3 (H) by inserting after paragraph (4), as 

4 redesignated by subparagraph (C), the following 

5 new paragraphs (5) and (6): 

6 ‘‘(5) FORCE.—The term ‘force’ means— 

7 ‘‘(A) the use of a weapon; 

8 ‘‘(B) the use of such physical strength or 

9 violence as is sufficient to overcome, restrain, or 

10 injure a person; or 

11 ‘‘(C) inflicting physical harm sufficient to 

12 coerce or compel submission by the victim. 

13 ‘‘(6) UNLAWFUL FORCE.—The term ‘unlawful 

14 force’ means an act of force done without legal jus15 tification or excuse.’’; 

16 (I) in paragraph (7), as redesignated by 

17 subparagraph (G)— 

18 (i) by striking ‘‘under paragraph (3)’’ 

19 and all that follows through ‘‘contact),’’; 

20 and 

21 (ii) by striking ‘‘death, grievous bodily 

22 harm, or kidnapping’’ and inserting ‘‘the 

23 wrongful action contemplated by the com24 munication or action.’’; 
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1 (J) by striking paragraphs (9) through 

2 (13); 

3 (K) by redesignating paragraph (14) as 

4 paragraph (8) and in that paragraph— 

5 (i) by inserting ‘‘(A)’’ before ‘‘The 

6 term’’; 

7 (ii) by striking ‘‘words or overt acts 

8 indicating’’ and ‘‘sexual’’ in the first sen9 tence; 

10 (iii) by striking ‘‘accused’s’’ in the 

11 third sentence; 

12 (iv) by inserting ‘‘or social or sexual’’ 

13 before ‘‘relationship’’ in the fourth sen14 tence; 

15 (v) by striking ‘‘sexual’’ before ‘‘con16 duct’’ in the fourth sentence; 

17 (vi) by striking ‘‘A person cannot con18 sent’’ and all that follows through the pe19 riod; and 

20 (vii) by adding at the end the fol21 lowing new subparagraphs: 

22 ‘‘(B) A sleeping, unconscious, or incom23 petent person cannot consent. A person cannot 

24 consent to force causing or likely to cause death 

25 or grievous bodily harm or to being rendered 
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1 unconscious. A person cannot consent while 

2 under threat or in fear or under the cir3 cumstances described in subparagraph (C) or 

4 (D) of subsection (b)(1). 

5 ‘‘(C) Lack of consent may be inferred 

6 based on the circumstances of the offense. All 

7 the surrounding circumstances are to be consid8 ered in determining whether a person gave con9 sent, or whether a person did not resist or 

10 ceased to resist only because of another per11 son’s actions.’’; and 

12 (L) by striking paragraphs (15) and (16). 

13 (11) SECTION HEADING.—The heading of such 

14 section (article) is amended to read as follows: 

15 ‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 

16 (b) RAPE AND SEXUAL ASSAULT OF A CHILD.— 

17 Chapter 47 of such title (the Uniform Code of Military 

18 Justice) is amended by inserting after section 920a (arti19 cle 120a), as amended by subsection (a), the following new 

20 section (article): 

21 ‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 

22 ‘‘(a) RAPE OF A CHILD.—Any person subject to this 

23 chapter who— 

24 ‘‘(1) commits a sexual act upon a child who has 

25 not attained the age of 12 years; or 
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1 ‘‘(2) commits a sexual act upon a child who has 

2 attained the age of 12 years by— 

3 ‘‘(A) using force against any person; 

4 ‘‘(B) threatening or placing that child in 

5 fear; 

6 ‘‘(C) rendering that child unconscious; or 

7 ‘‘(D) administering to that child a drug, 

8 intoxicant, or other similar substance; 

9 is guilty of rape of a child and shall be punished as a 

10 court-martial may direct. 

11 ‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person 

12 subject to this chapter who commits a sexual act upon a 

13 child who has attained the age of 12 years is guilty of 

14 sexual assault of a child and shall be punished as a court15 martial may direct. 

16 ‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person sub17 ject to this chapter who commits a lewd act upon a child 

18 is guilty of sexual abuse of a child and shall be punished 

19 as a court-martial may direct. 

20 ‘‘(d) AGE OF CHILD.— 

21 ‘‘(1) UNDER 12 YEARS.—In a prosecution under 

22 this section, it need not be proven that the accused 

23 knew the age of the other person engaging in the 

24 sexual act or lewd act. It is not a defense that the 
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1 accused reasonably believed that the child had at2 tained the age of 12 years. 

3 ‘‘(2) UNDER 16 YEARS.—In a prosecution under 

4 this section, it need not be proven that the accused 

5 knew that the other person engaging in the sexual 

6 act or lewd act had not attained the age of 16 years, 

7 but it is a defense in a prosecution under subsection 

8 (b) (sexual assault of a child) or subsection (c) (sex9 ual abuse of a child), which the accused must prove 

10 by a preponderance of the evidence, that the accused 

11 reasonably believed that the child had attained the 

12 age of 16 years, if the child had in fact attained at 

13 least the age of 12 years. 

14 ‘‘(e) PROOF OF THREAT.—In a prosecution under 

15 this section, in proving that a person made a threat, it 

16 need not be proven that the person actually intended to 

17 carry out the threat or had the ability to carry out the 

18 threat. 

19 ‘‘(f) MARRIAGE.—In a prosecution under subsection 

20 (b) (sexual assault of a child) or subsection (c) (sexual 

21 abuse of a child), it is a defense, which the accused must 

22 prove by a preponderance of the evidence, that the persons 

23 engaging in the sexual act or lewd act were at that time 

24 married to each other, except where the accused commits 

25 a sexual act upon the person when the accused knows or 
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1 reasonably should know that the other person is asleep, 

2 unconscious, or otherwise unaware that the sexual act is 

3 occurring or when the other person is incapable of con4 senting to the sexual act due to impairment by any drug, 

5 intoxicant, or other similar substance, and that condition 

6 was known or reasonably should have been known by the 

7 accused. 

8 ‘‘(g) CONSENT.—Lack of consent is not an element 

9 and need not be proven in any prosecution under this sec10 tion. A child not legally married to the person committing 

11 the sexual act, lewd act, or use of force cannot consent 

12 to any sexual act, lewd act, or use of force. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.—The 

15 terms ‘sexual act’ and ‘sexual contact’ have the 

16 meanings given those terms in section 920(g) of this 

17 title (article 120(g)). 

18 ‘‘(2) FORCE.—The term ‘force’ means— 

19 ‘‘(A) the use of a weapon; 

20 ‘‘(B) the use of such physical strength or 

21 violence as is sufficient to overcome, restrain, or 

22 injure a child; or 

23 ‘‘(C) inflicting physical harm. 
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1 In the case of a parent-child or similar relationship, 

2 the use or abuse of parental or similar authority is 

3 sufficient to constitute the use of force. 

4 ‘‘(3) THREATENING OR PLACING THAT CHILD

5 IN FEAR.—The term ‘threatening or placing that 

6 child in fear’ means a communication or action that 

7 is of sufficient consequence to cause the child to fear 

8 that non-compliance will result in the child or an9 other person being subjected to the action con10 templated by the communication or action. 

11 ‘‘(4) CHILD.—The term ‘child’ means any per12 son who has not attained the age of 16 years. 

13 ‘‘(5) LEWD ACT.—The term ‘lewd act’ means— 

14 ‘‘(A) any sexual contact with a child; 

15 ‘‘(B) intentionally exposing one’s genitalia, 

16 anus, buttocks, or female areola or nipple to a 

17 child by any means, including via any commu18 nication technology, with an intent to abuse, 

19 humiliate, or degrade any person, or to arouse 

20 or gratify the sexual desire of any person; 

21 ‘‘(C) intentionally communicating indecent 

22 language to a child by any means, including via 

23 any communication technology, with an intent 

24 to abuse, humiliate, or degrade any person, or 
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1 to arouse or gratify the sexual desire of any 

2 person; or 

3 ‘‘(D) any indecent conduct, intentionally 

4 done with or in the presence of a child, includ5 ing via any communication technology, that 

6 amounts to a form of immorality relating to 

7 sexual impurity which is grossly vulgar, ob8 scene, and repugnant to common propriety, and 

9 tends to excite sexual desire or deprave morals 

10 with respect to sexual relations.’’. 

11 (c) OTHER SEXUAL MISCONDUCT.—Such chapter 

12 (the Uniform Code of Military Justice) is further amended 

13 by inserting after section 920b (article 120b), as added 

14 by subsection (b), the following new section: 

15 ‘‘§ 920c. Art. 120c. Other sexual misconduct 

16 ‘‘(a) INDECENT VIEWING, VISUAL RECORDING, OR

17 BROADCASTING.—Any person subject to this chapter who, 

18 without legal justification or lawful authorization— 

19 ‘‘(1) knowingly and wrongfully views the private 

20 area of another person, without that other person’s 

21 consent and under circumstances in which that other 

22 person has a reasonable expectation of privacy; 

23 ‘‘(2) knowingly photographs, videotapes, films, 

24 or records by any means the private area of another 

25 person, without that other person’s consent and 
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1 under circumstances in which that other person has 

2 a reasonable expectation of privacy; or 

3 ‘‘(3) knowingly broadcasts or distributes any 

4 such recording that the person knew or reasonably 

5 should have known was made under the cir6 cumstances proscribed in paragraphs (1) and (2); 

7 is guilty of an offense under this section and shall be pun8 ished as a court-martial may direct. 

9 ‘‘(b) FORCIBLE PANDERING.—Any person subject to 

10 this chapter who compels another person to engage in an 

11 act of prostitution with any person is guilty of forcible 

12 pandering and shall be punished as a court-martial may 

13 direct. 

14 ‘‘(c) INDECENT EXPOSURE.—Any person subject to 

15 this chapter who intentionally exposes, in an indecent 

16 manner, the genitalia, anus, buttocks, or female areola or 

17 nipple is guilty of indecent exposure and shall by punished 

18 as a court-martial may direct. 

19 ‘‘(d) DEFINITIONS.—In this section: 

20 ‘‘(1) ACT OF PROSTITUTION.—The term ‘act of 

21 prostitution’ means a sexual act or sexual contact 

22 (as defined in section 920(g) of this title (article 

23 120(g))) on account of which anything of value is 

24 given to, or received by, any person. 
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1 ‘‘(2) PRIVATE AREA.—The term ‘private area’ 

2 means the naked or underwear-clad genitalia, anus, 

3 buttocks, or female areola or nipple. 

4 ‘‘(3) REASONABLE EXPECTATION OF PRI5 VACY.—The term ‘under circumstances in which 

6 that other person has a reasonable expectation of 

7 privacy’ means— 

8 ‘‘(A) circumstances in which a reasonable 

9 person would believe that he or she could dis10 robe in privacy, without being concerned that 

11 an image of a private area of the person was 

12 being captured; or 

13 ‘‘(B) circumstances in which a reasonable 

14 person would believe that a private area of the 

15 person would not be visible to the public. 

16 ‘‘(4) BROADCAST.—The term ‘broadcast’ means 

17 to electronically transmit a visual image with the in18 tent that it be viewed by a person or persons. 

19 ‘‘(5) DISTRIBUTE.—The term ‘distribute’ 

20 means delivering to the actual or constructive pos21 session of another, including transmission by elec22 tronic means. 

23 ‘‘(6) INDECENT MANNER.—The term ‘indecent 

24 manner’ means conduct that amounts to a form of 

25 immorality relating to sexual impurity which is 
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1 grossly vulgar, obscene, and repugnant to common 

2 propriety, and tends to excite sexual desire or de3 prave morals with respect to sexual relations.’’. 

4 (d) REPEAL OF SODOMY ARTICLE.—Section 925 of 

5 such title (article 125 of the Uniform Code of Military 

6 Justice) is repealed. 

7 (e) CONFORMING AMENDMENTS.—Chapter 47 of 

8 such title (the Uniform Code of Military Justice) is further 

9 amended as follows: 

10 (1) STATUTE OF LIMITATIONS.—Subparagraph 

11 (B) of section 843(b)(2) (article 43(b)(2)) is amend12 ed— 

13 (A) in clause (i), by striking ‘‘section 920 

14 of this title (article 120)’’ and inserting ‘‘sec15 tion 920, 920a, 920b, or 920c of this title (arti16 cle 120, 120a, 120b, or 120c)’’; 

17 (B) by striking clause (iii); and 

18 (C) in clause (v)— 

19 (i) by striking ‘‘indecent assault’’; 

20 (ii) by striking ‘‘rape, or sodomy,’’ 

21 and inserting ‘‘or rape,’’; and 

22 (iii) by striking ‘‘or liberties with a 

23 child’’. 

24 (2) MURDER.—Paragraph (4) of section 918 

25 (article 118) is amended— 
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1 (A) by striking ‘‘sodomy,’’; and 

2 (B) by striking ‘‘aggravated sexual as3 sault,’’ and all that follows through ‘‘with a 

4 child,’’ and inserting ‘‘sexual assault, sexual as5 sault of a child, aggravated sexual contact, sex6 ual abuse of a child,’’. 

7 (f) CLERICAL AMENDMENTS.—The table of sections 

8 at the beginning of subchapter X of such chapter (the Uni9 form Code of Military Justice) is amended— 

10 (1) by striking the items relating to sections 

11 920 and 920a (articles 120 and 120a) and inserting 

12 the following new items: 

‘‘920. 120. Rape and sexual assault generally. 

‘‘920a. 120a. Stalking. 

‘‘920b. 120b. Rape and sexual assault of a child. 

‘‘920c. 120c. Other sexual misconduct.’’; 

13 and 

14 (2) by striking the item relating to section 925 

15 (article 125). 

16 (g) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of the enactment 

18 of this Act and shall apply with respect to offenses com19 mitted on or after such date. 
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1 SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCU2 MENTARY EVIDENCE. 

3 (a) SUBPOENA DUCES TECUM.—Section 847 of title 

4 10, United States Code (article 47 of the Uniform Code 

5 of Military Justice), is amended— 

6 (1) in subsection (a)(1), by striking ‘‘board;’’ 

7 and inserting ‘‘board, or has been duly issued a sub8 poena duces tecum for an investigation, including an 

9 investigation pursuant to section 832(b) of this title 

10 (article 32(b)); and’’; and 

11 (2) in subsection (c), by striking ‘‘or board’’ 

12 and inserting ‘‘board, trial counsel, or convening au13 thority’’. 

14 (b) REPEAL OF OBSOLETE PROVISIONS RELATING

15 TO FEES AND MILEAGE PAYABLE TO WITNESSES.—Such 

16 section is further amended— 

17 (1) in subsection (a)— 

18 (A) by striking paragraph (2); and 

19 (B) by redesignating paragraph (3) as 

20 paragraph (2); and 

21 (2) by striking subsection (d). 

22 (c) TECHNICAL AMENDMENTS.—Subsection (a) of 

23 such section is further amended by striking ‘‘subpenaed’’ 

24 in paragraphs (1) and (2), as redesignated by subsection 

25 (b)(1)(B), and inserting ‘‘subpoenaed’’. 
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to subpoenas issued 

3 after the date of the enactment of this Act. 

4 SEC. 553. PROCEDURES FOR JUDICIAL REVIEW OF CER5 TAIN MILITARY PERSONNEL DECISIONS. 

6 (a) PROHIBITED PERSONNEL ACTIONS.—Section 

7 1034 of title 10, United States Code, is amended— 

8 (1) in subsection (f), by adding at the end the 

9 following new paragraph: 

10 ‘‘(7) In any case in which the final decision of the 

11 Secretary concerned results in denial, in whole or in part, 

12 of any requested correction of the member or former mem13 ber’s record, the member or former member shall be pro14 vided a concise written statement of the factual and legal 

15 basis for the decision, together with a statement of the 

16 procedure and time for obtaining review of the decision 

17 pursuant to section 1560 of this title.’’; 

18 (2) in subsection (g)— 

19 (A) by inserting ‘‘(1)’’ before ‘‘Upon the 

20 completion of all’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) A submittal to the Secretary of Defense under 

24 paragraph (1) must be made within 90 days of the receipt 

25 of the final decision of the Secretary of the military de-
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1 partment concerned in the matter. In any case in which 

2 the final decision of the Secretary of Defense results in 

3 denial, in whole or in part, of any requested correction 

4 of the member or former member’s record, the member 

5 or former member shall be provided a concise written 

6 statement of the basis for the decision, together with a 

7 statement of the procedure and time for obtaining review 

8 of the decision pursuant to section 1560 of this title.’’; 

9 (3) by redesignating subsections (h) and (i) as 

10 subsections (i) and (j), respectively; and 

11 (4) by inserting after subsection (g) the fol12 lowing new subsection (h): 

13 ‘‘(h) JUDICIAL REVIEW.—A decision of the Secretary 

14 of Defense under subsection (g) or, in a case in which re15 view by the Secretary of Defense under subsection (g) was 

16 not sought or in a case arising out of the Coast Guard 

17 when the Coast Guard is not operating as a service in the 

18 Navy, a decision of the Secretary of a military department 

19 or the Secretary of Homeland Security under subsection 

20 (f) shall be subject to judicial review only as provided in 

21 section 1560 of this title.’’. 

22 (b) CORRECTION OF MILITARY RECORDS.—Section 

23 1552 of such title is amended— 

24 (1) by redesignating subsection (g) as sub25 section (j); and 
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1 (2) by inserting after subsection (f) the fol2 lowing new subsections: 

3 ‘‘(g) In any case in which the final decision of the 

4 Secretary concerned results in denial, in whole or in part, 

5 of any requested correction, the claimant shall be provided 

6 a concise written statement of the factual and legal basis 

7 for the decision, together with a statement of the proce8 dure and time for obtaining review of the decision pursu9 ant to section 1560 of this title. 

10 ‘‘(h) If an application for correction of military 

11 records involves a historically significant military event (as 

12 defined by the Secretary concerned), or would, if the appli13 cation is approved, substantially modify the results of any 

14 disciplinary action or promotion decision regarding a gen15 eral or flag officer which includes in the remedy a pro16 motion by and with the advice and consent of the Senate, 

17 the Secretary concerned shall ensure that an advisory 

18 opinion is included in the record of the decision that in19 cludes a detailed chronology of the events in question and, 

20 at a minimum, considers the following information: 

21 ‘‘(1) A thorough compilation of the information 

22 available in the historical record, including testi23 mony, contemporary written statements, and all 

24 available records which formed the basis for the mili25 tary records in question. 
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1 ‘‘(2) The testimony or written views of contem2 porary decision makers, if available, regarding the 

3 matters raised in the application for relief regarding 

4 the military records in question. 

5 ‘‘(3) A summary of the available evidence for 

6 and against the position taken by the applicant. 

7 ‘‘(i) A decision by the Secretary concerned under this 

8 section shall be subject to judicial review only as provided 

9 in section 1560 of this title.’’. 

10 (c) JUDICIAL REVIEW.— 

11 (1) IN GENERAL.—Chapter 79 of such title is 

12 amended by adding at the end the following new sec13 tion: 

14 ‘‘§ 1560. Judicial review of decisions 

15 ‘‘(a) After a final decision is issued pursuant to sec16 tion 1552 of this title, or is issued by the Secretary of 

17 a military department or the Secretary of Homeland Secu18 rity pursuant to section 1034(f) of this title or the Sec19 retary of Defense pursuant to section 1034(g) of this title, 

20 any person aggrieved by the decision may obtain judicial 

21 review. 

22 ‘‘(b) In exercising its authority under this section, the 

23 reviewing court shall review the record and may hold un24 lawful and set aside any decision demonstrated by the pe25 titioner in the record to be— 
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1 ‘‘(1) arbitrary or capricious; 

2 ‘‘(2) not based on substantial evidence; 

3 ‘‘(3) a result of material error of fact or mate4 rial administrative error, but only if the petitioner 

5 identified to the correction board how the failure to 

6 follow procedures substantially prejudiced the peti7 tioner’s right to relief, and shows to the reviewing 

8 court by a preponderance of the evidence that the 

9 error was harmful; or 

10 ‘‘(4) otherwise contrary to law. 

11 ‘‘(c) Upon review under this section, the reviewing 

12 court shall affirm, modify, vacate, or reverse the decision, 

13 or remand the matter, as appropriate. 

14 ‘‘(d) No judicial review may be made under this sec15 tion unless the petitioner shall first have requested a cor16 rection under section 1552 of this title, and the Secretary 

17 concerned shall have rendered a final decision denying 

18 that correction in whole or in part. In a case in which 

19 the final decision of the Secretary concerned is subject to 

20 review by the Secretary of Defense under section 1034(g) 

21 of this title, the petitioner is not required to seek such 

22 review by the Secretary of Defense before obtaining judi23 cial review under this section. If the petitioner seeks re24 view by the Secretary of Defense under section 1034(g) 

25 of this title, no judicial review may be made until the Sec-
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1 retary of Defense shall have rendered a final decision de2 nying that request in whole or in part. 

3 ‘‘(e) In the case of a final decision described in sub4 section (a) made on or after the date of the enactment 

5 of the National Defense Authorization Act for Fiscal Year 

6 2012, a petition for judicial review under this section must 

7 be filed within three years of the date on which the final 

8 decision was actually received by the petitioner. 

9 ‘‘(f) Notwithstanding subsections (a), (b), and (c), a 

10 reviewing court does not have jurisdiction to entertain any 

11 matter or issue raised in a petition of review under this 

12 section that is not justiciable. 

13 ‘‘(g)(1) In the case of a cause of action arising after 

14 the date of the enactment of the National Defense Author15 ization Act for Fiscal Year 2012, no court shall have juris16 diction to entertain any request for correction of records 

17 cognizable under section 1552 of this title, except as pro18 vided in this section. 

19 ‘‘(2) In the case of a cause of action arising after 

20 the date of the enactment of the National Defense Author21 ization Act for Fiscal Year 2012, except as provided by 

22 chapter 153 of title 28 and this chapter, no court shall 

23 have jurisdiction over any civil action or claim seeking, in 

24 whole or in part, to challenge any decision for which ad-
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1 ministrative review is available under section 1552 of this 

2 title.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 79 of such title is 

5 amended by adding at the end the following new 

6 item: 

‘‘1560. Judicial review of decisions.’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect one year after the date of 

9 the enactment of this Act. Such amendments shall apply 

10 to all final decisions of the Secretary of Defense under 

11 section 1034(g) of title 10, United States Code, and of 

12 the Secretary of a military department or the Secretary 

13 of Homeland Security under section 1034(f) or 1552 of 

14 title 10, United States Code, whether rendered before or 

15 after the date of the enactment of this Act. During the 

16 period between the date of the enactment of this Act and 

17 the date on which the amendments made by this section 

18 take effect, in any case in which the final decision of the 

19 Secretary of Defense under section 1034 of title 10, 

20 United States Code, or the Secretary concerned under sec21 tion 1552 of title 10, United States Code, results in denial, 

22 in whole or in part, of any requested correction of a record 

23 of a member, former member, or claimant, the individual 

24 shall be informed in writing of the time for obtaining re-
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1 view of the decision pursuant to section 1560 of title 10, 

2 United States Code, as provided therein. 

3 (e) IMPLEMENTATION.—The Secretaries concerned 

4 may prescribe appropriate regulations, and interim guid5 ance before prescribing such regulations, to implement the 

6 amendments made by this section. In the case of the Sec7 retary of a military department, such regulations may not 

8 take effect until approved by the Secretary of Defense. 

9 (f) CONSTRUCTION.—This section does not affect the 

10 authority of any court to exercise jurisdiction over any 

11 case which was properly before it before the effective date 

12 specified in subsection (d). 

13 (g) SECRETARY CONCERNED DEFINED.—In this sec14 tion, the term ‘‘Secretary concerned’’ has the meaning 

15 given that term in section 101(a)(9) of title 10, United 

16 States Code. 

17 SEC. 554. DEPARTMENT OF DEFENSE SUPPORT FOR PRO18 GRAMS ON PRO BONO LEGAL REPRESENTA19 TION FOR MEMBERS OF THE ARMED FORCES. 

20 (a) SUPPORT AUTHORIZED.—The Secretary of De21 fense may provide support to one or more public or private 

22 programs designed to facilitate representation by attor23 neys who provide pro bono legal assistance of members 

24 of the Armed Forces who are in need of such representa25 tion. 
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1 (b) FINANCIAL SUPPORT.— 

2 (1) IN GENERAL.—The support provided a pro3 gram under subsection (a) may include financial 

4 support of the program. 

5 (2) LIMITATION ON AMOUNT.—The total 

6 amount of financial support provided under sub7 section (a) in any fiscal year may not exceed 

8 $500,000. 

9 (3) DETERMINATION.—The Secretary may not 

10 provide financial support under subsection (a) unless 

11 the Secretary determines that services available at 

12 no cost to the Department of Defense or individual 

13 members of the Armed Forces that facilitate rep14 resentation by attorneys who provide pro bono legal 

15 assistance to members of the Armed Forces who are 

16 in need of such assistance are not available. 

17 (4) FUNDING.—Amounts for financial support 

18 under this section shall be derived from amounts au19 thorized to be appropriated for the Department of 

20 Defense for operation and maintenance. 
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1 Subtitle F—Sexual Assault 

2 Prevention and Response 

3 SEC. 561. DIRECTOR OF THE SEXUAL ASSAULT PREVEN4 TION AND RESPONSE OFFICE. 

5 Section 1611(a) of the Ike Skelton National Defense 

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

7 383; 124 Stat. 4431; 10 U.S.C. 1561 note) is amended 

8 by adding before the period at the end of the first sentence 

9 the following: ‘‘, who shall be appointed from among gen10 eral or flag officers of the Armed Forces or employees of 

11 the Department of Defense in a comparable Senior Execu12 tive Service position’’. 

13 SEC. 562. SEXUAL ASSAULT RESPONSE COORDINATORS 

14 AND SEXUAL ASSAULT VICTIM ADVOCATES. 

15 (a) GUIDANCE REQUIRED.—Not later than 60 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall issue guidance to implement the appro18 priate recommendations of the Report of the Defense Task 

19 Force on Sexual Assault in the Military Services (Decem20 ber 2009). Such guidance shall— 

21 (1) require the Secretary of each military de22 partment to determine (which determination shall be 

23 based on the unique mission, military population, 

24 and force structure of the applicable Armed Force) 

25 the appropriate number of Sexual Assault Response 
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1 Coordinators and Sexual Assault Victim Advocates 

2 to be assigned to deployed and non-deployed military 

3 units under the jurisdiction of such Secretary; 

4 (2) require that each installation or similar or5 ganizational level have at least one Sexual Assault 

6 Response Coordinator; 

7 (3) establish, or require the Secretary of each 

8 military department to establish, credentialing pro9 grams for Sexual Assault Response Coordinators 

10 and for Sexual Assault Victim Advocates; and 

11 (4) ensure that, after October 1, 2013, only 

12 members of the Armed Forces on active duty or full13 time civilian employees of the Department of De14 fense who have obtained the appropriate credentials 

15 under a program under paragraph (3) may be as16 signed to duty as a Sexual Assault Response Coordi17 nator or a Sexual Assault Victim Advocate. 

18 (b) REPORT REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense shall submit Congress a report on the status 

21 of the implementation of the recommendations of the De22 fense Task Force on Sexual Assault in the Military Serv23 ices. The report shall set forth the anticipated date of the 

24 completion of the implementation by each military depart25 ment of the guidance issued under subsection (a). 
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1 SEC. 563. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL 

2 ASSISTANCE AND SERVICES OF SEXUAL AS3 SAULT RESPONSE COORDINATORS AND SEX4 UAL ASSAULT VICTIM ADVOCATES. 

5 (a) LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL AS6 SAULT.—Not later than 60 days after the date of the en7 actment of this Act, the Secretaries of the military depart8 ments shall prescribe regulations on the provision of legal 

9 assistance to victims of sexual assault. Such regulations 

10 shall require that legal assistance be provided by military 

11 or civilian legal assistance counsel pursuant to section 

12 1044 of title 10, United States Code. 

13 (b) ASSISTANCE AND REPORTING.— 

14 (1) IN GENERAL.—Chapter 80 of title 10, 

15 United States Code, is amended by inserting after 

16 section 1565a the following new section: 

17 ‘‘§ 1565b. Victims of sexual assault: access to legal as18 sistance and services of Sexual Assault 

19 Response Coordinators and Sexual As20 sault Victim Advocates 

21 ‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VIC22 TIM ADVOCATE SERVICES.—(1) A member of the armed 

23 forces who is the victim of a sexual assault may be pro24 vided the following: 
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1 ‘‘(A) Legal assistance provided by military or 

2 civilian legal assistance counsel pursuant to section 

3 1044 of this title. 

4 ‘‘(B) Assistance provided by a Sexual Assault 

5 Response Coordinator. 

6 ‘‘(C) Assistance provided by a Sexual Assault 

7 Victim Advocate. 

8 ‘‘(2) A member of the armed forces who is the victim 

9 of sexual assault shall be informed of the availability of 

10 assistance under paragraph (1) as soon as the member 

11 seeks assistance from a Sexual Assault Response Coordi12 nator, a Sexual Assault Victim Advocate, a military crimi13 nal investigator, a victim/witness liaison, or a trial counsel. 

14 The member shall also be informed that the legal assist15 ance and the services of a Sexual Assault Response Coor16 dinator or a Sexual Assault Victim Advocate under para17 graph (1) are optional and may be declined, in whole or 

18 in part, at any time. 

19 ‘‘(3) Legal assistance and the services of Sexual As20 sault Response Coordinators and Sexual Assault Victim 

21 Advocates under paragraph (1) shall be available to a 

22 member regardless of whether the member elects unre23 stricted or restricted (confidential) reporting of the sexual 

24 assault. 
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1 ‘‘(b) RESTRICTED REPORTING.—(1) Under regula2 tions prescribed by the Secretary of Defense, a member 

3 of the armed forces who is the victim of a sexual assault 

4 may elect to confidentially disclose the details of the as5 sault to an individual specified in paragraph (2) and re6 ceive medical treatment, legal assistance under section 

7 1044 of this title, or counseling, without initiating an offi8 cial investigation of the allegations. 

9 ‘‘(2) The individuals specified in this paragraph are 

10 the following: 

11 ‘‘(A) A military legal assistance counsel. 

12 ‘‘(B) A Sexual Assault Response Coordinator. 

13 ‘‘(C) A Sexual Assault Victim Advocate. 

14 ‘‘(D) Healthcare personnel specifically identified 

15 in the regulations required by paragraph (1). 

16 ‘‘(E) A chaplain.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 80 of such title is 

19 amended by inserting after the item relating to sec20 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.’’. 
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1 SEC. 564. REQUIREMENT FOR PRIVILEGE IN CASES ARIS2 ING UNDER UNIFORM CODE OF MILITARY 

3 JUSTICE AGAINST DISCLOSURE OF COMMU4 NICATIONS BETWEEN SEXUAL ASSAULT VIC5 TIMS AND SEXUAL ASSAULT RESPONSE CO6 ORDINATORS, SEXUAL ASSAULT VICTIM AD7 VOCATES, AND CERTAIN OTHER PERSONS. 

8 Not later than 60 days after the date of the enact9 ment of this Act, the President shall establish in the Man10 ual for Courts-Martial an evidentiary privilege against dis11 closure of certain communications by victims of sexual as12 sault with Sexual Assault Response Coordinators, Sexual 

13 Assault Victim Advocates, and such other persons as the 

14 President shall specify for purposes of the privilege. 

15 SEC. 565. EXPEDITED CONSIDERATION AND DECISION-MAK16 ING ON REQUESTS FOR PERMANENT CHANGE 

17 OF STATION OR UNIT TRANSFER OF VICTIMS 

18 OF SEXUAL ASSAULT. 

19 (a) EXPEDITED CONSIDERATION AND PRIORITY FOR

20 DECISIONMAKING.—The Secretaries of the military de21 partments shall provide guidance on expedited consider22 ation and decision-making, to the maximum extent prac23 ticable, on requests for a permanent change of station or 

24 unit transfer submitted by a member of the Armed Forces 

25 serving on active duty who was a victim of a sexual as26 sault. 
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1 (b) REGULATIONS.—The Secretaries of the military 

2 departments shall prescribe regulations to carry out this 

3 section. 

4 SEC. 566. DEPARTMENT OF DEFENSE POLICY AND PROCE5 DURES ON RETENTION AND ACCESS TO EVI6 DENCE AND RECORDS RELATING TO SEXUAL 

7 ASSAULTS INVOLVING MEMBERS OF THE 

8 ARMED FORCES. 

9 (a) COMPREHENSIVE POLICY ON RETENTION AND

10 ACCESS TO RECORDS.—Not later than February 1, 2013, 

11 the Secretary of Defense shall, in consultation with the 

12 Secretary of Veterans Affairs, develop a comprehensive 

13 policy for the Department of Defense on the retention of 

14 and access to evidence and records relating to sexual as15 saults involving members of the Armed Forces. 

16 (b) OBJECTIVES.—The comprehensive policy required 

17 by subsection (a) shall include policies and procedures (in18 cluding systems of records) necessary to ensure preserva19 tion of records and evidence for periods of time that en20 sure that members of the Armed Forces and veterans of 

21 military service who were the victims of sexual assault dur22 ing military service are able to substantiate claims for vet23 erans benefits, to support criminal or civil prosecutions by 

24 military or civil authorities, and for such purposes relating 

25 to the documentation of the incidence of sexual assault 
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1 in the Armed Forces as the Secretary of Defense considers 

2 appropriate. 

3 (c) ELEMENTS.—In developing the comprehensive 

4 policy required by subsection (a), the Secretary of Defense 

5 shall consider, at a minimum, the following matters: 

6 (1) Identification of records, including non-De7 partment of Defense records, relating to an incident 

8 of sexual assault, that must be retained. 

9 (2) Criteria for collection and retention of 

10 records. 

11 (3) Identification of physical evidence and non12 documentary forms of evidence relating to sexual as13 saults that must be retained. 

14 (4) Length of time records and evidence must 

15 be retained, except that the length of time documen16 tary evidence, physical evidence and forensic evi17 dence must be retained shall be not less than five 

18 years. 

19 (5) Locations where records must be stored. 

20 (6) Media which may be used to preserve 

21 records and assure access, including an electronic 

22 systems of records. 

23 (7) Protection of privacy of individuals named 

24 in records and status of records under section 552 

25 of title 5, United States Code (commonly referred to 
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1 as the ‘‘Freedom of Information Act’’), section 552a 

2 of title 5, United States Code (commonly referred to 

3 as the ‘‘Privacy Act’’), and laws related to privilege. 

4 (8) Access to records by victims of sexual as5 sault, the Department of Veterans Affairs, and oth6 ers, including alleged assailants and law enforcement 

7 authorities. 

8 (9) Responsibilities for record retention by the 

9 military departments. 

10 (10) Education and training on record retention 

11 requirements. 

12 (11) Uniform collection of data on the incidence 

13 of sexual assaults and on disciplinary actions taken 

14 in substantiated cases of sexual assault. 

15 (d) UNIFORM APPLICATION TO MILITARY DEPART16 MENTS.—The Secretary of Defense shall ensure that, to 

17 the maximum extent practicable, the policy developed 

18 under subsection (a) is implemented uniformly by the mili19 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 SEC. 577. COMPTROLLER GENERAL OF THE UNITED 

16 STATES REPORT ON DEPARTMENT OF DE17 FENSE MILITARY SPOUSE EMPLOYMENT PRO18 GRAMS. 

19 (a) IN GENERAL.—The Comptroller General of the 

20 United States shall carry out a review of all current De21 partment of Defense military spouse employment pro22 grams. 

23 (b) ELEMENTS.—The review required by subsection 

24 (a) shall, address, at a minimum, the following: 
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1 (1) The efficacy and effectiveness of Depart2 ment of Defense military spouse employment pro3 grams. 

4 (2) All current Department programs to sup5 port military spouses or dependents for the purposes 

6 of employment assistance. 

7 (3) The types of military spouse employment 

8 programs that have been considered or used in the 

9 past by the Department. 

10 (4) The ways in which military spouse employ11 ment programs have changed in recent years. 

12 (5) The benefits or programs that are specifi13 cally available to provide employment assistance to 

14 spouses of members of the Armed Forces serving in 

15 Operation Iraqi Freedom, Operation Enduring Free16 dom, or Operation New Dawn, or any other contin17 gency operation being conducted by the Armed 

18 Forces as of the date of such review. 

19 (6) Existing mechanisms available to military 

20 spouses to express their views on the effectiveness 

21 and future direction of Department programs and 

22 policies on employment assistance for military 

23 spouses. 
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1 (7) The oversight provided by the Office of Per2 sonnel and Management regarding preferences for 

3 military spouses in Federal employment. 

4 (c) COMPTROLLER GENERAL REPORT.—Not later 

5 than 180 days after the date of the enactment of this Act, 

6 the Comptroller General shall submit to the congressional 

7 defense committees a report on the review carried out 

8 under subsection (a). The report shall set forth the fol9 lowing: 

10 (1) The results of the review concerned. 

11 (2) Such clear and concrete metrics as the 

12 Comptroller General considers appropriate for the 

13 current and future evaluation and assessment of the 

14 efficacy and effectiveness of Department of Defense 

15 military spouse employment programs. 

16 (3) A description of the assumptions utilized in 

17 the review, and an assessment of the validity and 

18 completeness of such assumptions. 

19 (4) Such recommendations as the Comptroller 

20 General considers appropriate for improving Depart21 ment of Defense military spouse employment pro22 grams. 

23 (d) DEPARTMENT OF DEFENSE REPORT.—Not later 

24 than 180 days after the date of the enactment of this Act, 

25 the Secretary of Defense shall submit to the congressional 
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1 defense committees a report setting forth the number (or 

2 a reasonable estimate if a precise number is not available) 

3 of military spouses who have obtained employment fol4 lowing participation in Department of Defense military 

5 spouse employment programs. The report shall set forth 

6 such number (or estimate) for the Department of Defense 

7 military spouse employment programs as a whole and for 

8 each such military spouse employment program. 

9 Subtitle I—Other Matters 

10 SEC. 581. COLD WAR SERVICE MEDAL. 

11 (a) MEDAL AUTHORIZED.—The Secretary of Defense 

12 may authorize the issuance by the Secretaries concerned 

13 of a service medal, to be known as the ‘‘Cold War Service 

14 Medal’’, to persons eligible to receive the medal under the 

15 regulations under subsection (b). 

16 (b) REGULATIONS.— 

17 (1) IN GENERAL.—The issuance of a Cold War 

18 Service Medal under this section shall be subject to 

19 regulations prescribed by Secretary of Defense. 

20 (2) ELEMENTS.—The regulations shall— 

21 (A) provide for an appropriate design for 

22 the Cold War Service Medal; and 

23 (B) specify the persons eligible to receive 

24 the medal. 
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1 (c) SECRETARIES CONCERNED DEFINED.—In this 

2 section, the term ‘‘Secretaries concerned’’ has the meaning 

3 given that term in section 101(a)(9) of title 10, United 

4 States Code. 

5 SEC. 582. ENHANCEMENT AND IMPROVEMENT OF YELLOW 

6 RIBBON REINTEGRATION PROGRAM. 

7 (a) INCLUSION OF PROGRAMS OF OUTREACH IN PRO8 GRAM.—Subsection (b) of section 582 of the National De9 fense Authorization Act for Fiscal Year 2008 (10 U.S.C. 

10 10101 note) is amended by inserting ‘‘(including programs 

11 of outreach)’’ after ‘‘informational events and activities’’. 

12 (b) RESTATEMENT OF FUNCTIONS OF CENTER FOR

13 EXCELLENCE IN REINTEGRATION AND INCLUSION IN

14 FUNCTIONS OF IDENTIFICATION OF BEST PRACTICES IN

15 PROGRAMS OF OUTREACH.—Subsection (d)(2) of such 

16 section is amended by striking the second, third, and 

17 fourth sentences and inserting the following: ‘‘The Center 

18 shall have the following functions: 

19 ‘‘(A) To collect and analyze ‘lessons 

20 learned’ and suggestions from State National 

21 Guard and Reserve organizations with existing 

22 or developing reintegration programs. 

23 ‘‘(B) To assist in developing training aids 

24 and briefing materials and training representa-
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1 tives from State National Guard and Reserve 

2 organizations. 

3 ‘‘(C) To develop and implement a process 

4 for evaluating the effectiveness of the Yellow 

5 Ribbon Reintegration Program in supporting 

6 the health and well-being of members of the 

7 Armed Forces and their families throughout the 

8 deployment cycle described in subsection (g). 

9 ‘‘(D) To develop and implement a process 

10 for identifying best practices in the delivery of 

11 information and services in programs of out12 reach as described in subsection (j).’’. 

13 (c) STATE-LED PROGRAMS OF OUTREACH.—Such 

14 section is further amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(j) STATE-LED PROGRAMS OF OUTREACH.—The 

17 Office for Reintegration Programs may work with the 

18 States, whether acting through or in coordination with 

19 their National Guard and Reserve organizations, to assist 

20 the States and such organizations in developing and car21 rying out programs of outreach for members of the Armed 

22 Forces and their families to inform and educate them on 

23 the assistance and services available to them under the 

24 Yellow Ribbon Reintegration Program, including the as25 sistance and services described in subsection (h).’’. 
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1 (d) SCOPE OF ACTIVITIES UNDER PROGRAMS OF

2 OUTREACH.—Such section is further amended by adding 

3 at the end the following new subsection: 

4 ‘‘(k) SCOPE OF ACTIVITIES UNDER PROGRAMS OF

5 OUTREACH.—For purposes of this section, the activities 

6 and services provided under programs of outreach may in7 clude personalized and substantive care coordination serv8 ices targeted specifically to individual members of the 

9 Armed Forces and their families.’’. 

10 SEC. 583. REPORT ON PROCESS FOR EXPEDITED DETER11 MINATION OF DISABILITY OF MEMBERS OF 

12 THE ARMED FORCES WITH CERTAIN DIS13 ABLING CONDITIONS. 

14 (a) IN GENERAL.—Not later than September 1, 

15 2012, the Secretary of Defense shall submit to Congress 

16 a report setting forth an assessment of the feasibility and 

17 advisability of the establishment by the military depart18 ments of a process to expedite the determination of dis19 ability with respect members of the Armed Forces, includ20 ing regular members and members of the reserve compo21 nents, who suffer from certain disabling diseases or condi22 tions. If the establishment of such a process is considered 

23 feasible and advisable, the report shall set forth such rec24 ommendations for legislative and administrative action as 
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1 the Secretary consider appropriate for the establishment 

2 of such process. 

3 (b) REQUIREMENTS FOR STUDY FOR REPORT.— 

4 (1) EVALUATION OF APPROPRIATE ELEMENTS

5 OF SIMILAR FEDERAL PROGRAMS.—In conducting 

6 the study required for purposes of the preparation of 

7 the report required by subsection (a), the Secretary 

8 of Defense shall evaluate elements of programs for 

9 expedited determinations of disability that are cur10 rently carried out by other departments and agencies 

11 of the Federal Government, including the Quick Dis12 ability Determination program and the Compas13 sionate Allowances program of the Social Security 

14 Administration. 

15 (2) CONSULTATION.—The Secretary of Defense 

16 shall conduct the study in consultation with the Sec17 retary of Veterans Affairs. 

18 SEC. 584. REPORT ON THE ACHIEVEMENT OF DIVERSITY 

19 GOALS FOR THE LEADERSHIP OF THE ARMED 

20 FORCES. 

21 (a) REPORT REQUIRED.—Not later than one year 

22 after the date of the enactment of this Act, the Secretary 

23 of Defense shall submit to the Committees on Armed Serv24 ices of the Senate and the House of Representatives a re-
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1 port on the achievement of diversity goals for the leader2 ship of the Armed Forces. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) An assessment by each Secretary of a mili6 tary department of progress towards the achieve7 ment of diversity goals for the leadership within 

8 each Armed Force under the jurisdiction of such 

9 Secretary, including the reserve components of such 

10 Armed Force. 

11 (2) A discussion of the findings and rec12 ommendations included in the final report of the 

13 Military Leadership Diversity Commission entitled 

14 ‘‘From Representation to Inclusion: Diversity Lead15 ership for the 21st Century Military’’, and in other 

16 relevant policies, studies, reports, evaluations, and 

17 assessments. 

18 SEC. 585. SPECIFICATION OF PERIOD IN WHICH APPLICA19 TION FOR VOTER REGISTRATION OR ABSEN20 TEE BALLOT FROM AN OVERSEAS VOTER IS 

21 VALID. 

22 Section 104 of the Uniformed and Overseas Citizens 

23 Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— 

24 (1) by inserting ‘‘or overseas voter’’ after ‘‘ab25 sent uniformed services voter’’; and 
208 

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1 (2) by striking ‘‘members of the uniformed 

2 services’’ and inserting ‘‘uniformed services voters or 

3 overseas voters’’. 

4 SEC. 586. AUTHORIZATION AND REQUEST FOR AWARD OF 

5 MEDAL OF HONOR TO EMIL KAPAUN FOR 

6 ACTS OF VALOR DURING THE KOREAN WAR. 

7 (a) AUTHORIZATION.—Notwithstanding the time lim8 itations specified in section 3744 of title 10, United States 

9 Code, or any other time limitation with respect to the 

10 awarding of certain medals to persons who served in the 

11 Armed Forces, the President is authorized and requested 

12 to award the Medal of Honor posthumously under section 

13 3741 of such title to Emil Kapaun for the acts of valor 

14 during the Korean War described in subsection (b). 

15 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

16 referred to in subsection (a) are the actions of then Cap17 tain Emil Kapaun as a member of the 8th Cavalry Regi18 ment during the Battle of Unsan on November 1 and 2, 

19 1950, and while a prisoner of war until his death on May 

20 23, 1951, during the Korean War. 
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1 SEC. 587. AUTHORIZATION FOR AWARD OF THE DISTIN2 GUISHED SERVICE CROSS FOR CAPTAIN 

3 FREDRICK L. SPAULDING FOR ACTS OF 

4 VALOR DURING THE VIETNAM WAR. 

5 (a) AUTHORIZATION.—Notwithstanding the time lim6 itations specified in section 3744 of title 10, United States 

7 Code, or any other time limitation with respect to the 

8 awarding of certain medals to persons who served in the 

9 United States Armed Forces, the Secretary of the Army 

10 is authorized to award the Distinguished Service Cross 

11 under section 3742 of such title to Captain Fredrick L. 

12 Spaulding for acts of valor during the Vietnam War de13 scribed in subsection (b). 

14 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

15 referred to in subsection (a) are the actions of Fredrick 

16 L. Spaulding, on July 23, 1970, as a member of the 

17 United States Army serving in the grade of Captain in 

18 the Republic of Vietnam while assigned with Headquarters 

19 and Headquarters Company, 3d Brigade, 101st Airborne 

20 Division. 
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1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

3 Subtitle A—Bonuses and Special 

4 and Incentive Pays 

5 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

6 BONUS AND SPECIAL PAY AUTHORITIES. 

7 (a) AUTHORITIES RELATING TO RESERVE

8 FORCES.—The following sections of title 37, United 

9 States Code, are amended by striking ‘‘December 31, 

10 2011’’ and inserting ‘‘December 31, 2012’’: 

11 (1) Section 308b(g), relating to Selected Re12 serve reenlistment bonus. 

13 (2) Section 308c(i), relating to Selected Reserve 

14 affiliation or enlistment bonus. 

15 (3) Section 308d(c), relating to special pay for 

16 enlisted members assigned to certain high-priority 

17 units. 

18 (4) Section 308g(f)(2), relating to Ready Re19 serve enlistment bonus for persons without prior 

20 service. 

21 (5) Section 308h(e), relating to Ready Reserve 

22 enlistment and reenlistment bonus for persons with 

23 prior service. 
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1 (6) Section 308i(f), relating to Selected Reserve 

2 enlistment and reenlistment bonus for persons with 

3 prior service. 

4 (7) Section 910(g), relating to income replace5 ment payments for reserve component members ex6 periencing extended and frequent mobilization for 

7 active duty service. 

8 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

9 CARE PROFESSIONALS.—The following sections of title 

10 10, United States Code, are amended by striking ‘‘Decem11 ber 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

12 (1) Section 2130a(a)(1), relating to nurse offi13 cer candidate accession program. 

14 (2) Section 16302(d), relating to repayment of 

15 education loans for certain health professionals who 

16 serve in the Selected Reserve. 

17 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

18 CARE PROFESSIONALS.—The following sections of title 

19 37, United States Code, are amended by striking ‘‘Decem20 ber 31, 2011’’ and inserting ‘‘December 31, 2012’’: 

21 (1) Section 302c–1(f), relating to accession and 

22 retention bonuses for psychologists. 

23 (2) Section 302d(a)(1), relating to accession 

24 bonus for registered nurses. 
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1 (3) Section 302e(a)(1), relating to incentive 

2 special pay for nurse anesthetists. 

3 (4) Section 302g(e), relating to special pay for 

4 Selected Reserve health professionals in critically 

5 short wartime specialties. 

6 (5) Section 302h(a)(1), relating to accession 

7 bonus for dental officers. 

8 (6) Section 302j(a), relating to accession bonus 

9 for pharmacy officers. 

10 (7) Section 302k(f), relating to accession bonus 

11 for medical officers in critically short wartime spe12 cialties. 

13 (8) Section 302l(g), relating to accession bonus 

14 for dental specialist officers in critically short war15 time specialties. 

16 (9) Section 335(k), relating to bonus and incen17 tive pay authorities for officers in health professions. 

18 (d) AUTHORITIES RELATING TO NUCLEAR OFFI19 CERS.—The following sections of title 37, United States 

20 Code, are amended by striking ‘‘December 31, 2011’’ and 

21 inserting ‘‘December 31, 2012’’: 

22 (1) Section 312(f), relating to special pay for 

23 nuclear-qualified officers extending period of active 

24 service. 
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1 (2) Section 312b(c), relating to nuclear career 

2 accession bonus. 

3 (3) Section 312c(d), relating to nuclear career 

4 annual incentive bonus. 

5 (4) Section 333(i), relating to special bonus and 

6 incentive pay authorities for nuclear officers. 

7 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI8 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU9 THORITIES.—The following sections of title 37, United 

10 States Code, are amended by striking ‘‘December 31, 

11 2011’’ and inserting ‘‘December 31, 2012’’: 

12 (1) Section 331(h), relating to general bonus 

13 authority for enlisted members. 

14 (2) Section 332(g), relating to general bonus 

15 authority for officers. 

16 (3) Section 334(i), relating to special aviation 

17 incentive pay and bonus authorities for officers. 

18 (4) Section 351(h), relating to hazardous duty 

19 pay. 

20 (5) Section 352(g), relating to assignment pay 

21 or special duty pay. 

22 (6) Section 353(i), relating to skill incentive 

23 pay or proficiency bonus. 
214 

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1 (7) Section 355(h), relating to retention incen2 tives for members qualified in critical military skills 

3 or assigned to high priority units. 

4 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU5 THORITIES.—The following sections of title 37, United 

6 States Code, are amended by striking ‘‘December 31, 

7 2011’’ and inserting ‘‘December 31, 2012’’: 

8 (1) Section 301b(a), relating to aviation officer 

9 retention bonus. 

10 (2) Section 307a(g), relating to assignment in11 centive pay. 

12 (3) Section 308(g), relating to reenlistment 

13 bonus for active members. 

14 (4) Section 309(e), relating to enlistment 

15 bonus. 

16 (5) Section 324(g), relating to accession bonus 

17 for new officers in critical skills. 

18 (6) Section 326(g), relating to incentive bonus 

19 for conversion to military occupational specialty to 

20 ease personnel shortage. 

21 (7) Section 327(h), relating to incentive bonus 

22 for transfer between the Armed Forces. 

23 (8) Section 330(f), relating to accession bonus 

24 for officer candidates. 
215 

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1 (g) INCREASED BAH FOR AREAS EXPERIENCING

2 DISASTERS OR SUDDEN INCREASES IN PERSONNEL.— 

3 Section 403(b)(7)(E) of title 37, United States Code, is 

4 amended by inserting before the period at the end the fol5 lowing: ‘‘, except that such an increase may be prescribed 

6 for the period beginning on January 1, 2012, and ending 

7 on December 31, 2012’’. 

8 SEC. 612. MODIFICATION OF QUALIFYING PERIOD FOR PAY9 MENT OF HOSTILE FIRE AND IMMINENT DAN10 GER SPECIAL PAY AND HAZARDOUS DUTY 

11 SPECIAL PAY. 

12 (a) HOSTILE FIRE AND IMMINENT DANGER PAY.— 

13 Section 310 of title 37, United States Code, is amended— 

14 (1) in subsection (a), by striking ‘‘for any 

15 month or portion of a month’’ and inserting ‘‘for 

16 any day or portion of a day’’; 

17 (2) by striking subsection (b) and inserting the 

18 following new subsection (b): 

19 ‘‘(b) SPECIAL PAY AMOUNT.—The amount of special 

20 pay authorized by subsection (a) for a day or portion of 

21 a day may not exceed an amount equal to $225 divided 

22 by the number of days of the month in which such day 

23 falls.’’; 
216 

†S 1867 ES

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. 
217 

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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. 
218 

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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. 
219 

†S 1867 ES

‘‘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. 
220 

†S 1867 ES

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. 
221 

†S 1867 ES

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 

25 464 of this title as having an association, con-
222 

†S 1867 ES

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. 
223 

†S 1867 ES

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 
224 

†S 1867 ES

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. 
225 

†S 1867 ES

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. 
226 

†S 1867 ES

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. 
227 

†S 1867 ES

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. 
228 

†S 1867 ES

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 
229 

†S 1867 ES

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. 
230 

†S 1867 ES

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

24 SERVICES.—A family member or member of the uni25 formed services who attends a deceased member’s repatri-
231 

†S 1867 ES

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. 
232 

†S 1867 ES

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 
233 

†S 1867 ES

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. 
234 

†S 1867 ES

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 
235 

†S 1867 ES

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 
236 

†S 1867 ES

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), 
237 

†S 1867 ES

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 
238 

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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 

25 may be provided under this section with respect to an au-
239 

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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— 
240 

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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: 
241 

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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.’’. 
242 

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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: 
243 

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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 
244 

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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: 
245 

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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: 
246 

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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. 
247 

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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 

25 commence the operation of the programs of compliance re-
249 

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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 
250 

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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. 
251 

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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. 
252 

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1 SEC. 634. DEATH GRATUITY AND RELATED BENEFITS FOR 

2 RESERVES WHO DIE DURING AN AUTHOR3 IZED STAY AT THEIR RESIDENCE DURING OR 

4 BETWEEN SUCCESSIVE DAYS OF INACTIVE 

5 DUTY TRAINING. 

6 (a) DEATH GRATUITY.— 

7 (1) PAYMENT AUTHORIZED.—Section 

8 1475(a)(3) of title 10, United States Code, is 

9 amended by inserting before the semicolon the fol10 lowing: ‘‘or while staying at the Reserve’s residence, 

11 when so authorized by proper authority, during the 

12 period of such inactive duty training or between suc13 cessive days of inactive duty training’’. 

14 (2) TREATMENT AS DEATH DURING INACTIVE

15 DUTY TRAINING.—Section 1478(a) of such title is 

16 amended— 

17 (A) by redesignating paragraphs (4) 

18 through (8) as paragraphs (5) through (9), re19 spectively; and 

20 (B) by inserting after paragraph (3) the 

21 following new paragraph (4): 

22 ‘‘(4) A person covered by subsection (a)(3) of 

23 section 1475 of this title who died while on author24 ized stay at the person’s residence during a period 

25 of inactive duty training or between successive days 
253 

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1 of inactive duty training is considered to have been 

2 on inactive duty training on the date of his death.’’. 

3 (b) RECOVERY, CARE, AND DISPOSITION OF RE4 MAINS AND RELATED BENEFITS.—Section 1481(a)(2) of 

5 such title is amended— 

6 (1) by redesignating subparagraph (E) and (F) 

7 as subparagraphs (F) and (G), respectively; and 

8 (2) by inserting after subparagraph (D) the fol9 lowing new subparagraph (E): 

10 ‘‘(E) staying at the member’s residence, 

11 when so authorized by proper authority, during 

12 a period of inactive duty training or between 

13 successive days of inactive duty training;’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on January 1, 2010, and shall 

16 apply with respect to deaths that occur on or after that 

17 date. 

18 SEC. 635. REPEAL OF REQUIREMENT OF REDUCTION OF 

19 SURVIVOR BENEFITS PLAN SURVIVOR ANNU20 ITIES BY DEPENDENCY AND INDEMNITY COM21 PENSATION. 

22 (a) REPEAL.— 

23 (1) IN GENERAL.—Subchapter II of chapter 73 

24 of title 10, United States Code, is amended as fol25 lows: 
254 

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1 (A) In section 1450, by striking subsection 

2 (c). 

3 (B) In section 1451(c)— 

4 (i) by striking paragraph (2); and 

5 (ii) by redesignating paragraphs (3) 

6 and (4) as paragraphs (2) and (3), respec7 tively. 

8 (2) CONFORMING AMENDMENTS.—Such sub9 chapter is further amended as follows: 

10 (A) In section 1450— 

11 (i) by striking subsection (e); 

12 (ii) by striking subsection (k); and 

13 (iii) by striking subsection (m). 

14 (B) In section 1451(g)(1), by striking sub15 paragraph (C). 

16 (C) In section 1452— 

17 (i) in subsection (f)(2), by striking 

18 ‘‘does not apply—’’ and all that follows 

19 and inserting ‘‘does not apply in the case 

20 of a deduction made through administra21 tive error.’’; and 

22 (ii) by striking subsection (g). 

23 (D) In section 1455(c), by striking ‘‘, 

24 1450(k)(2),’’. 
255 

†S 1867 ES

1 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

2 benefits may be paid to any person for any period before 

3 the effective date provided under subsection (f) by reason 

4 of the amendments made by subsection (a). 

5 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

6 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI7 ENTS.—A surviving spouse who is or has been in receipt 

8 of an annuity under the Survivor Benefit Plan under sub9 chapter II of chapter 73 of title 10, United States Code, 

10 that is in effect before the effective date provided under 

11 subsection (f) and that is adjusted by reason of the 

12 amendments made by subsection (a) and who has received 

13 a refund of retired pay under section 1450(e) of title 10, 

14 United States Code, shall not be required to repay such 

15 refund to the United States. 

16 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

17 FOR DEPENDENT CHILDREN.—Section 1448(d) of such 

18 title is amended— 

19 (1) in paragraph (1), by striking ‘‘Except as 

20 provided in paragraph (2)(B), the Secretary con21 cerned’’ and inserting ‘‘The Secretary concerned’’; 

22 and 

23 (2) in paragraph (2)— 

24 (A) by striking ‘‘DEPENDENT CHIL25 DREN.—’’ and all that follows through ‘‘In the 
256 

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1 case of a member described in paragraph (1),’’ 

2 and inserting ‘‘DEPENDENT CHILDREN ANNU3 ITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— 

4 In the case of a member described in paragraph 

5 (1),’’; and 

6 (B) by striking subparagraph (B). 

7 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

8 ELIGIBLE SPOUSES.—The Secretary of the military de9 partment concerned shall restore annuity eligibility to any 

10 eligible surviving spouse who, in consultation with the Sec11 retary, previously elected to transfer payment of such an12 nuity to a surviving child or children under the provisions 

13 of section 1448(d)(2)(B) of title 10, United States Code, 

14 as in effect on the day before the effective date provided 

15 under subsection (f). Such eligibility shall be restored 

16 whether or not payment to such child or children subse17 quently was terminated due to loss of dependent status 

18 or death. For the purposes of this subsection, an eligible 

19 spouse includes a spouse who was previously eligible for 

20 payment of such annuity and is not remarried, or remar21 ried after having attained age 55, or whose second or sub22 sequent marriage has been terminated by death, divorce 

23 or annulment. 
257 

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1 (f) EFFECTIVE DATE.—The sections and the amend2 ments made by this section shall take effect on the later 

3 of— 

4 (1) the first day of the first month that begins 

5 after the date of the enactment of this Act; or 

6 (2) the first day of the fiscal year that begins 

7 in the calendar year in which this Act is enacted. 

8 Subtitle D—Pay and Allowances 

9 SEC. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUS10 ING FOR NATIONAL GUARD MEMBERS WHO 

11 TRANSITION BETWEEN ACTIVE DUTY AND 

12 FULL-TIME NATIONAL GUARD DUTY WITH13 OUT A BREAK IN ACTIVE SERVICE. 

14 Section 403(g) of title 37, United States Code, is 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(6) The rate of basic allowance for housing to be 

18 paid a member of the Army National Guard of the United 

19 States or the Air National Guard of the United States 

20 shall not be reduced upon the transition of the member 

21 from active duty under title 10, United States Code, to 

22 full-time National Guard duty under title 32, United 

23 States Code, or from full-time National Guard duty under 

24 title 32, United States Code, to active duty under title 10, 
258 

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1 United States Code, when the transition occurs without 

2 a break in active service of at least one calendar day’’. 

3 TITLE VII—HEALTH CARE 

4 PROVISIONS 

5 Subtitle A—TRICARE Program 

6 SEC. 701. ANNUAL COST-OF-LIVING ADJUSTMENT IN EN7 ROLLMENT FEES IN TRICARE PRIME. 

8 (a) IN GENERAL.—Section 1097a of title 10, United 

9 States Code, is amended— 

10 (1) by redesignating subsections (c), (d), (e), 

11 and (f) as subsections (d), (e), (f), and (g), respec12 tively; and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection (c): 

15 ‘‘(c) COST-OF-LIVING ADJUSTMENT IN ENROLLMENT

16 FEE.—(1) Whenever after September 30, 2012, the Sec17 retary of Defense increases the retired pay of members 

18 and former members of the armed forces pursuant to sec19 tion 1401a of this title, the Secretary shall increase the 

20 amount of the fee payable for enrollment in TRICARE 

21 Prime by an amount equal to the percentage of such fee 

22 payable on the day before the date of the increase of such 

23 fee that is equal to the percentage increase in such retired 

24 pay. In determining the amount of the increase in such 

25 retired pay for purposes of this subsection, the Secretary 
259 

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1 shall use the amount computed pursuant to section 

2 1401a(b)(2) of this title. The increase in such fee shall 

3 be effective as of January 1 following the date of the in4 crease in such retired pay. 

5 ‘‘(2) The Secretary shall publish in the Federal Reg6 ister the amount of the fee payable for enrollment in 

7 TRICARE Prime whenever increased pursuant to this 

8 subsection.’’. 

9 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

10 (1) HEADING AMENDMENT.—The heading of 

11 such section is amended to read as follows: 

12 ‘‘§ 1097a. TRICARE Prime: automatic enrollment; en13 rollment fee; payment options’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 55 of such title is 

16 amended by striking the item relating to section 

17 1097a and inserting the following new item: 

‘‘1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment options.’’. 

18 SEC. 702. MAINTENANCE OF THE ADEQUACY OF PROVIDER 

19 NETWORKS UNDER THE TRICARE PROGRAM. 

20 Section 1097b(a) of title 10, United States Code, is 

21 amended by adding at the end the following new para22 graph: 

23 ‘‘(3) In establishing rates and procedures for reim24 bursement of providers and other administrative require-
260 

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1 ments, including those contained in provider network 

2 agreements, the Secretary shall to the extent practicable 

3 maintain adequate networks of providers, including insti4 tutional, professional, and pharmacy. Network providers 

5 under such provider network agreements are not consid6 ered subcontractors for purposes of the Federal Acquisi7 tion Regulation or any other law.’’. 

8 SEC. 703. TRANSITION ENROLLMENT OF UNIFORMED SERV9 ICES FAMILY HEALTH PLAN MEDICARE-ELI10 GIBLE RETIREES TO TRICARE FOR LIFE. 

11 Section 724(e) of the National Defense Authorization 

12 Act for Fiscal Year 1997 (10 U.S.C. 1073 note) is amend13 ed— 

14 (1) by striking ‘‘If a covered beneficiary’’ and 

15 inserting ‘‘(1) Except as provided in paragraph (2), 

16 if a covered beneficiary’’; and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) After September 30, 2011, a covered beneficiary 

20 (other than a beneficiary under section 1079 of title 10, 

21 United States Code) who is also entitled to hospital insur22 ance benefits under part A of title XVIII of the Social 

23 Security Act due to age may not enroll in the managed 

24 care program of a designated provider unless the bene-
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1 ficiary was enrolled in that program on September 30, 

2 2011.’’. 

3 SEC. 704. MODIFICATION OF AUTHORITIES ON SURVEYS ON 

4 CONTINUED VIABILITY OF TRICARE STAND5 ARD AND TRICARE EXTRA. 

6 (a) SCOPE OF CERTAIN SURVEYS.—Subsection 

7 (a)(3)(A) of section 711 of the National Defense Author8 ization Act for Fiscal Year 2008 (Public Law 110–181; 

9 122 Stat. 190; 10 U.S.C. 1073 note) by striking ‘‘2011’’ 

10 and inserting ‘‘2015’’. 

11 (b) FREQUENCY OF SUBMITTAL OF GAO RE12 VIEWS.—Subsection (b)(2) of such section is amended by 

13 striking ‘‘bi-annual basis’’ and inserting ‘‘biennial basis’’. 

14 SEC. 705. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF 

15 CLAIMS UNDER THE TRICARE PROGRAM FOR 

16 CARE PROVIDED OUTSIDE THE UNITED 

17 STATES. 

18 Section 1106(b) of title 10, United States Code, is 

19 amended by striking ‘‘not later than’’ and all that follows 

20 and inserting the following: ‘‘as follows: 

21 ‘‘(1) In the case of services provided outside the 

22 United States, the Commonwealth of Puerto Rico, or 

23 the possessions of the United States, by not later 

24 than three years after the services are provided. 
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1 ‘‘(2) In the case of any other services, by not 

2 later than one year after the services are provided.’’. 

3 Subtitle B—Other Health Care 

4 Benefits 

5 SEC. 711. TRAVEL FOR ANESTHESIA SERVICES FOR CHILD6 BIRTH FOR COMMAND-SPONSORED DEPEND7 ENTS OF MEMBERS ASSIGNED TO REMOTE 

8 LOCATIONS OUTSIDE THE CONTINENTAL 

9 UNITED STATES. 

10 Section 1040(a) of title 10, United States Code, is 

11 amended— 

12 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2)(A) For purposes of paragraph (1), required 

16 medical attention of a dependent includes, in the case of 

17 a dependent authorized to accompany a member at a loca18 tion described in that paragraph, obstetrical anesthesia 

19 services for childbirth equivalent to the obstetrical anes20 thesia services for childbirth available in a military treat21 ment facility in the United States. 

22 ‘‘(B) In the case of a dependent at a remote location 

23 outside the continental United States who elects services 

24 described in subparagraph (A) and for whom air transpor25 tation would be needed to travel under paragraph (1) to 
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1 the nearest appropriate medical facility in which adequate 

2 medical care is available, the Secretary may authorize the 

3 dependent to receive transportation under that paragraph 

4 to the continental United States and be treated at the 

5 military treatment facility that can provide appropriate 

6 obstetrical services that is nearest to the closest port of 

7 entry into the continental United States from such remote 

8 location. 

9 ‘‘(C) The second through sixth sentences of para10 graph (1) shall apply to a dependent provided transpor11 tation by reason of this paragraph. 

12 ‘‘(D) The total cost incurred by the United States 

13 for the provision of transportation and expenses (including 

14 per diem) with respect to a dependent by reason of this 

15 paragraph may not exceed the cost the United States 

16 would otherwise incur for the provision of transportation 

17 and expenses with respect to that dependent under para18 graph (1) if the transportation and expenses were provided 

19 to that dependent without regard to this paragraph. 

20 ‘‘(E) The authority under this paragraph shall expire 

21 on September 30, 2016.’’. 
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1 SEC. 712. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN 

2 MEMBERS WITH EXTENSION OF ACTIVE DUTY 

3 FOLLOWING ACTIVE DUTY IN SUPPORT OF A 

4 CONTINGENCY OPERATION. 

5 Section 1145(a)(4) of title 10, United States Code, 

6 is amended by adding at the end the following new sen7 tence: ‘‘For purposes of the preceding sentence, in the case 

8 of a member on active duty as described in subparagraph 

9 (B), (C), or (D) of paragraph (2) who, without a break 

10 in service, is extended on active duty for any reason, the 

11 180-day period shall begin on the date on which the mem12 ber is separated from such extended active duty.’’. 

13 SEC. 713. CODIFICATION AND IMPROVEMENT OF PROCE14 DURES FOR MENTAL HEALTH EVALUATIONS 

15 FOR MEMBERS OF THE ARMED FORCES. 

16 (a) CODIFICATION AND IMPROVEMENT OF PROCE17 DURES.— 

18 (1) IN GENERAL.—Chapter 55 of title 10, 

19 United States Code, is amended by inserting after 

20 section 1090 the following new section: 

21 ‘‘§ 1090a. Commanding officer and supervisor refer22 rals of members for mental health evalua23 tions 

24 ‘‘(a) REGULATIONS.—The Secretary of Defense shall 

25 prescribe and maintain regulations relating to com26 manding officer and supervisor referrals of members of 
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1 the armed forces for mental health evaluations. The regu2 lations shall incorporate the requirements set forth in sub3 sections (b), (c), and (d) and such other matters as the 

4 Secretary considers appropriate. 

5 ‘‘(b) REDUCTION OF PERCEIVED STIGMA.—The reg6 ulations required by subsection (a) shall, to the greatest 

7 extent possible— 

8 ‘‘(1) seek to eliminate perceived stigma associ9 ated with seeking and receiving mental health serv10 ices, promoting the use of mental health services on 

11 a basis comparable to the use of other medical and 

12 health services; and 

13 ‘‘(2) clarify the appropriate action to be taken 

14 by commanders or supervisory personnel who, in 

15 good faith, believe that a subordinate may require a 

16 mental health evaluation. 

17 ‘‘(c) PROCEDURES FOR INPATIENT EVALUATIONS.— 

18 The regulations required by subsection (a) shall provide 

19 that, when a commander or supervise determines that it 

20 is necessary to refer a member of the armed forces for 

21 a mental health evaluation— 

22 ‘‘(1) the mental health evaluation shall only be 

23 conducted on an inpatient basis if and when such an 

24 evaluation cannot appropriately or reasonably be 
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1 conducted on an outpatient basis, in accordance with 

2 the least restrictive alternative principle; and 

3 ‘‘(2) only a psychiatrist, or, in cases in which 

4 a psychiatrist is not available, another mental health 

5 professional or a physician, may admit the member 

6 pursuant to the referral for a mental health evalua7 tion to be conducted on an inpatient basis. 

8 ‘‘(d) PROHIBITION ON USE OF REFERRALS FOR

9 MENTAL HEALTH EVALUATIONS TO RETALIATE AGAINST

10 WHISTLEBLOWERS.—(1) The regulations required by sub11 section (a) shall provide that no person may refer a mem12 ber of the armed forces for a mental health evaluation as 

13 a reprisal for making or preparing a lawful communication 

14 of the type described in section 1034(c)(2) of this title, 

15 and applicable regulations. For purposes of this sub16 section, such communication also shall include a commu17 nication to any appropriate authority in the chain of com18 mand of the member. 

19 ‘‘(2) Such regulations shall provide that a referral for 

20 a mental health evaluation by a commander or supervisor, 

21 when taken as a reprisal for a communication referred to 

22 in paragraph (1), may be the basis for a proceeding under 

23 section 892 of this title (article 92 of the Uniform Code 

24 of Military Justice). Persons not subject to chapter 47 of 

25 this title (the Uniform Code of Military Justice) who fail 
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1 to comply with the provisions of this section are subject 

2 to adverse administrative action. 

3 ‘‘(3)(A) No person may restrict a member of the 

4 armed forces in communicating with an Inspector General, 

5 attorney, member of Congress, or others about the referral 

6 of a member of the armed forces for a mental health eval7 uation. 

8 ‘‘(B) Subparagraph (A) does not apply to a commu9 nication that is unlawful. 

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

11 ‘‘(1) The term ‘Inspector General’ means the 

12 following: 

13 ‘‘(A) An Inspector General appointed 

14 under the Inspector General Act of 1978 (5 

15 U.S.C. App.). 

16 ‘‘(B) An officer of the armed forces as17 signed or detailed under regulations of the Sec18 retary concerned to serve as an Inspector Gen19 eral at any command level in one of the armed 

20 forces. 

21 ‘‘(2) The term ‘mental health professional’ 

22 means a psychiatrist or clinical psychologist, a per23 son with a doctorate in clinical social work, or a psy24 chiatric clinical nurse specialist. 
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1 ‘‘(3) The term ‘mental health evaluation’ means 

2 a psychiatric examination or evaluation, a psycho3 logical examination or evaluation, an examination for 

4 psychiatric or psychological fitness for duty, or any 

5 other means of assessing the state of mental health 

6 of a member of the armed forces. 

7 ‘‘(4) The term ‘least restrictive alternative prin8 ciple’ means a principle under which a member of 

9 the armed forces committed for hospitalization and 

10 treatment shall be placed in the most appropriate 

11 and therapeutic available setting— 

12 ‘‘(A) that is no more restrictive than is 

13 conducive to the most effective form of treat14 ment; and 

15 ‘‘(B) in which treatment is available and 

16 the risks of physical injury or property damage 

17 posed by such placement are warranted by the 

18 proposed plan of treatment.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 55 of such title is 

21 amended by inserting after the item relating to sec22 tion 1090 the following new item: 

‘‘1090a. Commanding officer and supervisor referrals of members for mental 

health evaluations.’’. 

23 (b) CONFORMING REPEAL.—Section 546 of the Na24 tional Defense Authorization Act for Fiscal Year 1993 
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1 (Public Law 102–484; 106 Stat. 2416; 10 U.S.C. 1074 

2 note) is repealed. 

3 Subtitle C—Health Care 

4 Administration 

5 SEC. 721. EXPANSION OF STATE LICENSURE EXCEPTIONS 

6 FOR CERTAIN MENTAL HEALTH-CARE PRO7 FESSIONALS. 

8 Section 1094(d) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

12 (B) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(B) Notwithstanding any law regarding the licen15 sure of health care providers, a health-care professional 

16 described in paragraph (4) may perform the duties relat17 ing to mental health care specified in the regulations 

18 under subparagraph (B) of that paragraph at any location 

19 in any State, the District of Columbia, or a Common20 wealth, territory or possession of the United States, re21 gardless of where such health-care professional or the pa22 tient are located, so long as the practice is within the scope 

23 of the authorized Federal duties specified in that subpara24 graph.’’; 
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1 (2) in paragraphs (2) and (3), by striking 

2 ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’; 

3 and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(4) A health-care professional referred to in para7 graph (1)(B) is a member of the armed forces, civilian 

8 employee of the Department of Defense, personal services 

9 contractor under section 1091 of this title, or other health10 care professional credentialed and privileged at a Federal 

11 health care institution or location specially designated by 

12 the Secretary for purposes of that paragraph who— 

13 ‘‘(A) has a current license to practice medicine, 

14 osteopathic medicine, or another health profession; 

15 and 

16 ‘‘(B) is performing such authorized duties relat17 ing to mental health care for the Department of De18 fense as the Secretary shall prescribe in regulations 

19 for purposes of this paragraph.’’. 

20 SEC. 722. CLARIFICATION ON CONFIDENTIALITY OF MED21 ICAL QUALITY ASSURANCE RECORDS. 

22 (a) IN GENERAL.—Section 1102(j) of title 10, United 

23 States Code, is amended— 
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1 (1) in paragraph (1), by striking ‘‘any activity 

2 carried out’’ and inserting ‘‘any peer review activity 

3 carried out’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(4) The term ‘peer review’ means an assess7 ment of professional performance by professionally8 equivalent health care providers.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on January 1, 2012. 

11 TITLE VIII—ACQUISITION POL12 ICY, ACQUISITION MANAGE13 MENT, AND RELATED MAT14 TERS 

15 Subtitle A—Provisions Relating to 

16 Major Defense Acquisition Pro17 grams 

18 SEC. 801. WAIVER OF REQUIREMENTS RELATING TO NEW 

19 MILESTONE APPROVAL FOR CERTAIN MAJOR 

20 DEFENSE ACQUISITION PROGRAMS EXPERI21 ENCING CRITICAL COST GROWTH DUE TO 

22 CHANGE IN QUANTITY PURCHASED. 

23 Section 2433a(c) of title 10, United States Code, is 

24 amended by adding at the end the following new para25 graph: 
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1 ‘‘(3)(A) The requirements of subparagraphs (B) and 

2 (C) of paragraph (1) shall not apply to a program or sub3 program if— 

4 ‘‘(i) the Milestone Decision Authority deter5 mines in writing, on the basis of a cost assessment 

6 and root cause analysis conducted pursuant to sub7 section (a), that— 

8 ‘‘(I) but for a change in the quantity of 

9 items to be purchased under the program or 

10 subprogram, the program acquisition unit cost 

11 or procurement unit cost for the program or 

12 subprogram would not have increased by a per13 centage equal to or greater than the cost 

14 growth thresholds for the program or subpro15 gram set forth in subparagraph (B); and 

16 ‘‘(II) the change in quantity of items de17 scribed in subclause (I) was not made as a re18 sult of an increase in program cost, a delay in 

19 the program, or a problem meeting program re20 quirements; 

21 ‘‘(ii) the Secretary determines in writing that 

22 the cost to the Department of Defense of complying 

23 with such requirements is likely to exceed the bene24 fits to the Department of complying with such re25 quirements; and 
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1 ‘‘(iii) the Secretary submits to Congress, before 

2 the end of the 60-day period beginning on the day 

3 the Selected Acquisition Report containing the infor4 mation described in section 2433(g) of this title is 

5 required to be submitted under section 2432(f) of 

6 this title— 

7 ‘‘(I) a copy of the written determination 

8 under clause (i) and an explanation of the basis 

9 for the determination; and 

10 ‘‘(II) a copy of the written determination 

11 under clause (ii) and an explanation of the 

12 basis for the determination. 

13 ‘‘(B) The cost growth thresholds specified in this sub14 paragraph are as follows: 

15 ‘‘(i) In the case of a major defense acquisition 

16 program or designated major defense subprogram, a 

17 percentage increase in the program acquisition unit 

18 cost for the program or subprogram of— 

19 ‘‘(I) 5 percent over the program acquisi20 tion unit cost for the program or subprogram 

21 as shown in the current Baseline Estimate for 

22 the program or subprogram; and 

23 ‘‘(II) 10 percent over the program acquisi24 tion unit cost for the program or subprogram 
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1 as shown in the original Baseline Estimate for 

2 the program or subprogram. 

3 ‘‘(ii) In the case of a major defense acquisition 

4 program or designated major defense subprogram 

5 that is a procurement program, a percentage in6 crease in the procurement unit cost for the program 

7 or subprogram of— 

8 ‘‘(I) 5 percent over the procurement unit 

9 cost for the program or subprogram as shown 

10 in the current Baseline Estimate for the pro11 gram or subprogram; and 

12 ‘‘(II) 10 percent over the procurement unit 

13 cost for the program or subprogram as shown 

14 in the original Baseline Estimate for the pro15 gram or subprogram.’’. 

16 SEC. 802. MODIFICATION OF CERTAIN REQUIREMENTS OF 

17 THE WEAPON SYSTEMS ACQUISITION RE18 FORM ACT OF 2009. 

19 (a) REPEAL OF CERTIFICATION OF COMPLIANCE OF

20 CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS

21 WITH ACTIONS ON TREATMENT OF SYSTEMIC PROBLEMS

22 BEFORE MILESTONE APPROVAL.—Subsection (c) of sec23 tion 204 of the Weapon Systems Acquisition Reform Act 

24 of 2009 (Public Law 111–23; 123 Stat. 1723; 10 U.S.C. 

25 2366a note) is repealed. 
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1 (b) WAIVER OF REQUIREMENT TO REVIEW PRO2 GRAMS RECEIVING WAIVER OR CERTAIN CERTIFICATION

3 REQUIREMENTS.—Section 2366b(d) of title 10, United 

4 States Code, is amended by adding the following new 

5 paragraph: 

6 ‘‘(3) The requirement in paragraph (2)(B) shall not 

7 apply to a program for which a certification was required 

8 pursuant to section 2433a(c) of this title if the milestone 

9 decision authority— 

10 ‘‘(A) determines in writing that— 

11 ‘‘(i) the program has reached a stage in 

12 the acquisition process at which it would not be 

13 practicable to meet the certification component 

14 that was waived; and 

15 ‘‘(ii) the milestone decision authority has 

16 taken appropriate alternative actions to address 

17 the underlying purposes of such certification 

18 component; and 

19 ‘‘(B) submits the written determination, and an 

20 explanation of the basis for the determination, to the 

21 congressional defense committees.’’. 
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1 SEC. 803. ASSESSMENT, MANAGEMENT, AND CONTROL OF 

2 OPERATING AND SUPPORT COSTS FOR 

3 MAJOR WEAPON SYSTEMS. 

4 (a) GUIDANCE REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall issue guidance on actions to be taken to 

7 assess, manage, and control Department of Defense costs 

8 for the operation and support of major weapon systems. 

9 (b) ELEMENTS.—The guidance required by sub10 section (a) shall, at a minimum— 

11 (1) require the military departments to retain 

12 each estimate of operating and support costs that is 

13 developed at any time during the life cycle of a 

14 major weapon system, together with supporting doc15 umentation used to develop the estimate; 

16 (2) require the military departments to update 

17 estimates of operating and support costs periodically 

18 throughout the life cycle of a major weapon system, 

19 to determine whether preliminary information and 

20 assumptions remain relevant and accurate, and iden21 tify and record reasons for variances; 

22 (3) establish standard requirements for the col23 lection of data on operating and support costs for 

24 major weapon systems and require the military de25 partments to revise their Visibility and Management 

26 of Operating and Support Costs (VAMOSC) systems 
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1 to ensure that they collect complete and accurate 

2 data in compliance with such requirements and 

3 make such data available in a timely manner; 

4 (4) establish standard requirements for the col5 lection and reporting of data on operating and sup6 port costs for major weapon systems by contractors 

7 performing weapon system sustainment functions in 

8 an appropriate format, and develop contract clauses 

9 to ensure that contractors comply with such require10 ments; 

11 (5) require the military departments— 

12 (A) to collect and retain data from oper13 ational and developmental testing and evalua14 tion on the reliability and maintainability of 

15 major weapon systems; and 

16 (B) to use such data to inform system de17 sign decisions, provide insight into sustainment 

18 costs, and inform estimates of operating and 

19 support costs for such systems; 

20 (6) require the military departments to ensure 

21 that sustainment factors are fully considered at key 

22 life cycle management decision points and that ap23 propriate measures are taken to reduce operating 

24 and support costs by influencing system design early 
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1 in development, developing sound sustainment strat2 egies, and addressing key drivers of costs; 

3 (7) require the military departments to conduct 

4 an independent logistics assessment of each major 

5 weapon system prior to key acquisition decision 

6 points (including milestone decisions) to identify fea7 tures that are likely to drive future operating and 

8 support costs, changes to system design that could 

9 reduce such costs, and effective strategies for man10 aging such costs; 

11 (8) include— 

12 (A) reliability metrics for major weapon 

13 systems; and 

14 (B) requirements on the use of metrics 

15 under subparagraph (A) as triggers— 

16 (i) to conduct further investigation 

17 and analysis into drivers of those metrics; 

18 and 

19 (ii) to develop strategies for improving 

20 reliability, availability, and maintainability 

21 of such systems at an affordable cost; and 

22 (9) require the military departments to conduct 

23 periodic reviews of operating and support costs of 

24 major weapon systems after such systems achieve 

25 initial operational capability to identify and address 
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1 factors resulting in growth in operating and support 

2 costs and adapt support strategies to reduce such 

3 costs. 

4 (c) RETENTION OF DATA ON OPERATING AND SUP5 PORT COSTS.— 

6 (1) IN GENERAL.—The Director of Cost Assess7 ment and Program Evaluation shall be responsible 

8 for developing and maintaining a database on oper9 ating and support estimates, supporting documenta10 tion, and actual operating and support costs for 

11 major weapon systems. 

12 (2) SUPPORT.—The Secretary of Defense shall 

13 ensure that the Director, in carrying out such re14 sponsibility— 

15 (A) promptly receives the results of all cost 

16 estimates and cost analyses conducted by the 

17 military departments with regard to operating 

18 and support costs of major weapon systems; 

19 (B) has timely access to any records and 

20 data of the military departments (including 

21 classified and proprietary information) that the 

22 Director considers necessary to carry out such 

23 responsibility; and 

24 (C) with the concurrence of the Under Sec25 retary of Defense for Acquisition, Technology, 
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1 and Logistics, may direct the military depart2 ments to collect and retain information nec3 essary to support the database. 

4 (d) MAJOR WEAPON SYSTEM DEFINED.—In this sec5 tion, the term ‘‘major weapon system’’ has the meaning 

6 given that term in section 2379(f) of title 10, United 

7 States Code. 

8 SEC. 804. CLARIFICATION OF RESPONSIBILITY FOR COST 

9 ANALYSES AND TARGETS FOR CONTRACT NE10 GOTIATION PURPOSES. 

11 Section 2334(e) of title 10, United States Code, is 

12 amended— 

13 (1) by redesignating paragraphs (2), (3), and 

14 (4) as paragraphs (3), (4), and (5), respectively; 

15 (2) in paragraph (1)— 

16 (A) by striking ‘‘shall provide that—’’ and 

17 all that follows through ‘‘cost estimates’’ and 

18 inserting ‘‘shall provide that cost estimates’’; 

19 and 

20 (B) by striking ‘‘; and’’ and inserting a pe21 riod; 

22 (3) by redesignating subparagraph (B) as para23 graph (2) and indenting such paragraph two ems 

24 from the left margin; 
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1 (4) in paragraph (2) as redesignated by para2 graph (3) of this section, by striking ‘‘cost analyses 

3 and targets’’ and inserting ‘‘The Under Secretary of 

4 Defense for Acquisition, Technology, and Logistics 

5 shall, in consultation with the Director of Cost As6 sessment and Program Evaluation, develop policies, 

7 procedures, and guidance to ensure that cost anal8 yses and targets’’; 

9 (5) in paragraph (3), as redesignated by para10 graph (1) of this section, by striking ‘‘issued by the 

11 Director of Cost Assessment and Program Evalua12 tion’’ and inserting ‘‘issued by the Under Secretary 

13 of Defense for Acquisition, Technology, and Logis14 tics under paragraph (2)’’; and 

15 (6) in paragraph (5), as redesignated by para16 graph (1) of this section, by striking ‘‘paragraph 

17 (3)’’ and inserting ‘‘paragraph (4)’’. 

18 SEC. 805. MODIFICATION OF REQUIREMENTS FOR GUID19 ANCE ON MANAGEMENT OF MANUFAC20 TURING RISK IN MAJOR DEFENSE ACQUISI21 TION PROGRAMS. 

22 Section 812(b) of the Ike Skelton National Defense 

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

24 383; 124 Stat. 4264; 10 U.S.C. 2430 note) is amended— 
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1 (1) by striking ‘‘manufacturing readiness lev2 els’’ each place it appears and inserting ‘‘manufac3 turing readiness levels or other manufacturing readi4 ness standards’’; 

5 (2) by redesignating paragraphs (4) and (5) as 

6 paragraphs (5) and (6), respectively; and 

7 (3) by inserting after paragraph (3) the fol8 lowing new paragraph (4): 

9 ‘‘(4) provide for the tailoring of manufacturing 

10 readiness levels or other manufacturing readiness 

11 standards to address the unique characteristics of 

12 specific industry sectors or weapon system port13 folios;’’. 

14 SEC. 806. MANAGEMENT OF DEVELOPMENTAL TEST AND 

15 EVALUATION FOR MAJOR DEFENSE ACQUISI16 TION PROGRAMS. 

17 (a) CHIEF DEVELOPMENTAL TESTER.—Section 

18 820(a) of the John Warner National Defense Authoriza19 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

20 Stat. 2330), as amended by section 805(c) of the National 

21 Defense Authorization Act for Fiscal Year 2010 (Public 

22 Law 110–181; 123 Stat. 2403), is further amended— 

23 (1) by redesignating paragraph (6) as para24 graph (7); and 
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1 (2) by inserting after paragraph (5) the fol2 lowing new paragraph (6): 

3 ‘‘(6) Chief developmental tester.’’. 

4 (b) RESPONSIBILITIES OF CHIEF DEVELOPMENTAL

5 TESTER AND LEAD DEVELOPMENTAL TEST AND EVAL6 UATION ORGANIZATION.—Section 139b of title 10, United 

7 States Code, is amended— 

8 (1) by redesignating subsections (c), (d), and 

9 (e) as subsections (d), (e), and (f), respectively; and 

10 (2) by inserting after subsection (b) the fol11 lowing new subsection (c): 

12 ‘‘(c) SUPPORT OF MDAPS BY CHIEF DEVELOP13 MENTAL TESTER AND LEAD DEVELOPMENTAL TEST AND

14 EVALUATION ORGANIZATION.— 

15 ‘‘(1) SUPPORT.—The Secretary of Defense shall 

16 require that each major defense acquisition program 

17 be supported by— 

18 ‘‘(A) a chief developmental tester; and 

19 ‘‘(B) a governmental test agency, serving 

20 as lead developmental test and evaluation orga21 nization for the program. 

22 ‘‘(2) RESPONSIBILITIES OF CHIEF DEVELOP23 MENTAL TESTER.—The chief developmental tester 

24 for a major defense acquisition program shall be re25 sponsible for— 
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1 ‘‘(A) coordinating the planning, manage2 ment, and oversight of all developmental test 

3 and evaluation activities for the program; 

4 ‘‘(B) maintaining insight into contractor 

5 activities under the program and overseeing the 

6 test and evaluation activities of other partici7 pating government activities under the pro8 gram; and 

9 ‘‘(C) helping program managers make 

10 technically informed, objective judgments about 

11 contractor developmental test and evaluation re12 sults under the program. 

13 ‘‘(3) RESPONSIBILITIES OF LEAD DEVELOP14 MENTAL TEST AND EVALUATION ORGANIZATION.— 

15 The lead developmental test and evaluation organi16 zation for a major defense acquisition program shall 

17 be responsible for— 

18 ‘‘(A) providing technical expertise on test19 ing and evaluation issues to the chief develop20 mental tester for the program; 

21 ‘‘(B) conducting developmental testing and 

22 evaluation activities for the program, as di23 rected by the chief developmental tester; and 

24 ‘‘(C) assisting the chief developmental 

25 tester in providing oversight of contractors 
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1 under the program and in reaching technically 

2 informed, objective judgments about contractor 

3 developmental test and evaluation results under 

4 the program.’’. 

5 SEC. 807. ASSESSMENT OF RISK ASSOCIATED WITH DEVEL6 OPMENT OF MAJOR WEAPON SYSTEMS TO BE 

7 PROCURED UNDER COOPERATIVE PROJECTS 

8 WITH FRIENDLY FOREIGN COUNTRIES. 

9 (a) ASSESSMENT OF RISK REQUIRED.— 

10 (1) IN GENERAL.—Not later than two days 

11 after the President transmits a certification to Con12 gress pursuant to section 27(f) of the Arms Export 

13 Control Act (22 U.S.C. 2767(f)) regarding a pro14 posed cooperative project agreement that is expected 

15 to result in the award of a Department of Defense 

16 contract for the engineering and manufacturing de17 velopment of a major weapon system, the Secretary 

18 of Defense shall submit to the Chairmen of the 

19 Committees on Armed Services of the Senate and 

20 the House of Representatives a report setting forth 

21 a risk assessment of the proposed cooperative 

22 project. 

23 (2) PREPARATION.—The Secretary shall pre24 pare each report required by paragraph (1) in con25 sultation with the Under Secretary of Defense for 
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1 Acquisition, Technology, and Logistics, the Assistant 

2 Secretary of Defense for Research and Engineering, 

3 and the Director of Cost Assessment and Program 

4 Evaluation of the Department of Defense. 

5 (b) ELEMENTS.—The risk assessment on a coopera6 tive project under subsection (a) shall include the fol7 lowing: 

8 (1) An assessment of the design, technical, 

9 manufacturing, and integration risks associated with 

10 developing and procuring the weapon system to be 

11 procured under the cooperative project. 

12 (2) A statement identifying any termination li13 ability that would be incurred under the development 

14 contract to be entered into under subsection (a)(1), 

15 and a statement of the extent to which such termi16 nation liability would not be fully funded by appro17 priations available or sought in the fiscal year in 

18 which the agreement for the cooperative project is 

19 signed on behalf of the United States. 

20 (3) An assessment of the advisability of incur21 ring any unfunded termination liability identified 

22 under paragraph (2) given the risks identified in the 

23 assessment under paragraph (1). 

24 (4) A listing of which, if any, requirements as25 sociated with the oversight and management of a 
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1 major defense acquisition program (as prescribed 

2 under Department of Defense Instruction 5000.02 

3 or related authorities) will be waived, or in any way 

4 modified, in carrying out the development contract 

5 to be entered into under (a)(1), and a full expla6 nation why such requirements need to be waived or 

7 modified. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘engineering and manufacturing 

10 development’’ has the meaning given that term in 

11 Department of Defense Instruction 5000.02. 

12 (2) The term ‘‘major weapon system’’ has the 

13 meaning given that term in section 2379(f) of title 

14 10, United States Code. 

15 Subtitle B—Acquisition Policy and 

16 Management 

17 SEC. 821. INCLUSION OF DATA ON CONTRACTOR PERFORM18 ANCE IN PAST PERFORMANCE DATABASES 

19 FOR SOURCE SELECTION DECISIONS. 

20 (a) STRATEGY ON INCLUSION REQUIRED.—Not later 

21 than 180 days after the date of the enactment of this Act, 

22 the Under Secretary of Defense for Acquisition, Tech23 nology, and Logistics shall develop a strategy for ensuring 

24 that timely, accurate, and complete information on con-
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1 tractor performance is included in past performance data2 bases used for making source selection decisions. 

3 (b) ELEMENTS.—The strategy required by subsection 

4 (a) shall, at a minimum— 

5 (1) establish standards for the timeliness and 

6 completeness of past performance submissions for 

7 purposes of databases described in subsection (a); 

8 (2) assign responsibility and management ac9 countability for the completeness of past perform10 ance submissions for such purposes; and 

11 (3) ensure that past performance submissions 

12 for such purposes are consistent with award fee eval13 uations in cases where such evaluations have been 

14 conducted. 

15 (c) CONTRACTOR COMMENTS.—Not later than 180 

16 days after the date of the enactment of this Act, the Under 

17 Secretary of Defense for Acquisition, Technology, and Lo18 gistics shall revise the Defense Supplement to the Federal 

19 Acquisition Regulation to require the following: 

20 (1) That agency evaluations of contractor past 

21 performance are included in the relevant past per22 formance database as soon as such evaluations are 

23 completed. 
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1 (2) That affected contractors are notified in a 

2 timely manner when such agency evaluations are en3 tered into such database. 

4 (3) That such contractors are afforded a rea5 sonable opportunity to submit comments, rebutting 

6 statements, or additional information pertaining to 

7 such agency evaluations for inclusion in such data8 base. 

9 (d) COMPTROLLER GENERAL REPORT.—Not later 

10 than 18 months after the date of the enactment of this 

11 Act, the Comptroller General of the United States shall 

12 submit to the congressional defense committees a report 

13 on the actions taken by the Under Secretary of Defense 

14 for Acquisition, Technology, and Logistics pursuant to 

15 this section, including an assessment of the extent to 

16 which such actions have achieved the objectives of this sec17 tion. 

18 SEC. 822. IMPLEMENTATION OF RECOMMENDATIONS OF 

19 DEFENSE SCIENCE BOARD TASK FORCE ON 

20 SERVICE CONTRACTING. 

21 (a) PLAN FOR IMPLEMENTATION.—Not later than 

22 180 days after the date of the enactment of this Act, the 

23 Under Secretary of Defense for Acquisition, Technology, 

24 and Logistics shall, acting pursuant to the Under Sec25 retary’s responsibility under section 2330 of title 10, 
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1 United States Code, develop a plan for implementing the 

2 recommendations of the Defense Science Board Task 

3 Force on Improvements to Service Contracting. 

4 (b) ELEMENTS.—The plan developed pursuant to 

5 subsection (a) shall include, to the extent determined ap6 propriate by the Under Secretary for Acquisition, Tech7 nology, and Logistics, the following: 

8 (1) A meaningful taxonomy to track services, 

9 which can be built into the inventory of contract 

10 services required by section 2330a(c) of title 10, 

11 United States Code. 

12 (2) Standards, definitions, and performance 

13 measures for each portfolio of contract services 

14 which can be used for the purposes of performance 

15 assessments conducted pursuant to section 2548 of 

16 title 10, United States Code, and independent man17 agement reviews conducted pursuant to section 808 

18 of the National Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181; 122 Stat. 215; 10 

20 U.S.C. 2330 note). 

21 (3) Meaningful incentives to service contractors 

22 for high performance at low cost, consistent with the 

23 objectives of the Better Buying Power Initiative es24 tablished by the Under Secretary. 
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1 (4) Improved means of communication between 

2 the Government and the services contracting indus3 try in the process of developing requirements for 

4 services contracts. 

5 (5) Clear guidance for defense acquisition per6 sonnel on the use of appropriate contract types for 

7 particular categories of services contracts. 

8 (6) Formal certification and training require9 ments for services acquisition personnel, consistent 

10 with the requirements of sections 1723 and 1724 of 

11 title 10, United States Code. 

12 (7) Appropriate emphasis on the recruiting and 

13 training of services acquisition personnel, consistent 

14 with the strategic workforce plan developed pursuant 

15 to section 115b of title 10, United States Code, and 

16 the funds available through the Department of De17 fense Acquisition Workforce Development Fund es18 tablished pursuant to section 1705 of title 10, 

19 United States Code. 

20 (8) Policies and guidance on career development 

21 for services acquisition personnel, consistent with the 

22 requirements of sections 1722a and 1722b of title 

23 10, United States Code. 

24 (9) Actions to ensure that the military depart25 ments dedicate portfolio-specific commodity man-
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1 agers to coordinate the procurement of key cat2 egories of contract services, as required by section 

3 2330(b)(3)(C) of title 10, United States Code. 

4 (10) Actions to ensure that the Department of 

5 Defense conducts realistic exercises and training 

6 that account for services contracting during contin7 gency operations, as required by section 2333(e) of 

8 title 10, United States Code. 

9 (c) COMPTROLLER GENERAL REPORT.—Not later 

10 than 18 months after the date of the enactment of this 

11 Act, the Comptroller General of the United States shall 

12 submit to the congressional defense committees a report 

13 on the following: 

14 (1) The actions taken by the Under Secretary 

15 of Defense for Acquisition, Technology, and Logis16 tics to carry out the requirements of this section. 

17 (2) The actions taken by the Under Secretary 

18 to carry out the requirements of section 2330 of title 

19 10, United States Code. 

20 (3) The actions taken by the military depart21 ments to carry out the requirements of section 2330 

22 of title 10, United States Code. 

23 (4) The extent to which the actions described in 

24 paragraphs (1), (2), and (3) have resulted in the im-
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1 proved acquisition and management of contract serv2 ices. 

3 SEC. 823. TEMPORARY LIMITATION ON AGGREGATE AN4 NUAL AMOUNT AVAILABLE FOR CONTRACT 

5 SERVICES. 

6 (a) LIMITATION.—Except as provided in subsection 

7 (b), the total amount obligated by the Department of De8 fense for contract services in fiscal year 2012 or 2013 may 

9 not exceed the total amount requested for the Department 

10 for contract services in the budget of the President for 

11 fiscal year 2010 (as submitted to Congress pursuant to 

12 section 1105(b) of title 31, United States Code) adjusted 

13 for net transfers from funding for overseas contingency 

14 operations. 

15 (b) EXCEPTION.—Notwithstanding the limitation in 

16 subsection (a), the total amount obligated by the Depart17 ment for contract services in fiscal year 2012 or 2013 may 

18 exceed the amount otherwise provided pursuant to sub19 section (a) by an amount elected by the Secretary that 

20 is not greater than the cost of any increase in such fiscal 

21 year in the number of civilian billets at the Department 

22 that has been approved by the Secretary over the number 

23 of such billets at the Department in fiscal year 2010. 

24 (c) GUIDANCE.—Not later than 60 days after the 

25 date of the enactment of this Act, the Secretary shall issue 
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1 guidance to the military departments and the Defense 

2 Agencies on implementation of this section during fiscal 

3 years 2012 and 2013. The guidance shall, at a min4 imum— 

5 (1) establish a negotiation objective that labor 

6 rates and overhead rates in any contract or task 

7 order for contract services with an estimated value 

8 in excess of $10,000,000 awarded to a contractor in 

9 fiscal year 2012 or 2013 shall not exceed labor rates 

10 and overhead rates paid to the contractor for con11 tract services in fiscal year 2010; 

12 (2) require the Secretaries of the military de13 partments and the heads of the Defense Agencies to 

14 approve in writing any contract or task order for 

15 contract services with an estimated value in excess 

16 of $10,000,000 awarded to a contractor in fiscal 

17 year 2012 or 2013 that provides for continuing serv18 ices at an annual cost that exceeds the annual cost 

19 paid by the military department or Defense Agency 

20 concerned for the same or similar services in fiscal 

21 year 2010; 

22 (3) require the Secretaries of the military de23 partments and the heads of the Defense Agencies to 

24 eliminate any contractor positions identified by the 

25 military department or Defense Agency concerned as 
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1 being responsible for the performance of inherently 

2 governmental functions; 

3 (4) require the Secretaries of the military de4 partments and the heads of the Defense Agencies to 

5 reduce by 10 percent per fiscal year in each of fiscal 

6 years 2012 and 2013 the funding of the military de7 partment or Defense Agency concerned for— 

8 (A) staff augmentation contracts; and 

9 (B) contracts for the performance of func10 tions closely associated with inherently govern11 mental functions; and 

12 (5) assign responsibility to the management of13 ficials designated pursuant to section 2330 of title 

14 10, United States Code, and section 812(b) of the 

15 National Defense Authorization Act for Fiscal Year 

16 2006 (Public Law 109–163; 119 Stat. 3378; 10 

17 U.S.C. 2330 note) to provide oversight and ensure 

18 the implementation of the requirements of this sec19 tion during fiscal years 2012 and 2013. 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘contract services’’ has the mean22 ing given that term in section 235 of title 10, United 

23 States Code, except that the term does not include 

24 services that are funded out of amounts available for 

25 overseas contingency operations. 
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1 (2) The term ‘‘function closely associated with 

2 inherently governmental functions’’ has the meaning 

3 given that term in section 2383(b)(3) of title 10, 

4 United States Code. 

5 (3) The term ‘‘staff augmentation contracts’’ 

6 means contracts for personnel who are subject to the 

7 direction of a government official other than the con8 tracting officer for the contract, including, but not 

9 limited to, contractor personnel who perform per10 sonal services contracts (as that term is defined in 

11 section 2330a(g)(5) of title 10, United States Code). 

12 (4) The term ‘‘transfers from funding for over13 seas contingency operations’’ means amounts funded 

14 out of amounts available for overseas contingency 

15 operations in fiscal year 2010 that are funded out 

16 of amounts other than amounts so available in fiscal 

17 year 2012 or 2013. 

18 SEC. 824. ANNUAL REPORT ON SINGLE-AWARD TASK AND 

19 DELIVERY ORDER CONTRACTS. 

20 (a) ANNUAL REPORT.— 

21 (1) IN GENERAL.—Paragraph (2) of section 

22 817(d) of the Bob Stump National Defense Author23 ization Act for Fiscal Year 2003 (Public Law 107– 

24 314; 116 Stat. 2611; 10 U.S.C. 2306a note) is 

25 amended— 
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1 (A) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (B), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(C) with respect to any determination pursu8 ant to section 2304a(d)(3)(D) of title 10, United 

9 States Code, that because of exceptional cir10 cumstances it is necessary in the public interest to 

11 award a task or delivery order contract with an esti12 mated value in excess of $100,000,000 to a single 

13 source, an explanation of the basis for the deter14 mination.’’. 

15 (2) CONFORMING AMENDMENT.—The heading 

16 of such section is amended by striking ‘‘WITH PRICE

17 OR VALUE GREATER THAN $15,000,000’’. 

18 (b) REPEAL OF CASE-BY-CASE REPORTING RE19 QUIREMENT.—Section 2304a(d)(3) of title 10, United 

20 States Code, is amended— 

21 (1) by striking subparagraph (B); 

22 (2) by striking ‘‘(A)’’; 

23 (3) by redesignating clauses (i), (ii), (iii), and 

24 (iv) as subparagraphs (A), (B), (C), and (D), respec25 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 SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PRO14 CUREMENT OF PHOTOVOLTAIC DEVICES BY 

15 DEPARTMENT OF DEFENSE. 

16 (a) IN GENERAL.—Section 2534 of title 10, United 

17 States Code, is amended by adding at the end the fol18 lowing new subsection: 

19 ‘‘(k) PROCUREMENT OF PHOTOVOLTAIC DEVICES.— 

20 ‘‘(1) CONTRACT REQUIREMENT.—The Secretary 

21 of Defense shall ensure that each contract described 

22 in paragraph (2) awarded by the Department of De23 fense includes a provision requiring any photovoltaic 

24 devices installed pursuant to the contract, or pursu25 ant to a subcontract under the contract, to comply 

26 with the provisions of chapter 83 of title 41 (com-
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1 monly known as the ‘Buy American Act’), without 

2 regard to whether the contract results in ownership 

3 of the photovoltaic devices by the Department. 

4 ‘‘(2) CONTRACTS DESCRIBED.—The contracts 

5 described in this paragraph include energy savings 

6 performance contracts, utility service contracts, 

7 power purchase agreements, land leases, and private 

8 housing contracts pursuant to which any photo9 voltaic devices are— 

10 ‘‘(A) installed on property or in a facility 

11 owned by the Department of Defense; and 

12 ‘‘(B) generate power consumed predomi13 nantly by the Department of Defense and 

14 counted toward federal renewable energy pur15 chase requirements. 

16 ‘‘(3) CONSISTENCY WITH INTERNATIONAL OBLI17 GATIONS.—Paragraph (1) shall be applied in a man18 ner consistent with the obligations of the United 

19 States under international agreements. 

20 ‘‘(4) DEFINITION OF PHOTOVOLTAIC DE21 VICES.—In this subsection, the term ‘photovoltaic 

22 devices’ means devices that convert light directly 

23 into electricity. 

24 ‘‘(5) EFFECTIVE DATE.—This subsection ap25 plies to photovoltaic devices procured or installed on 
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1 or after the date that is 30 days after the date of 

2 the enactment of the National Defense Authoriza3 tion Act for Fiscal Year 2012 pursuant to contracts 

4 entered into or after such date of enactment.’’. 

5 (b) CONFORMING REPEAL.—Section 846 of the Ike 

6 Skelton National Defense Authorization Act for Fiscal 

7 Year 2011 (10 U.S.C. 2534 note) is repealed. 

8 Subtitle C—Amendments Relating 

9 to General Contracting Authori10 ties, Procedures, and Limita11 tions 

12 SEC. 841. TREATMENT FOR TECHNICAL DATA PURPOSES 

13 OF INDEPENDENT RESEARCH AND DEVELOP14 MENT AND BID AND PROPOSAL COSTS. 

15 (a) TREATMENT.—Section 2320(a) of title 10, 

16 United States Code, is amended— 

17 (1) in paragraph (2)(E), by striking ‘‘the re18 spective rights’’ and inserting ‘‘the Government may 

19 use, modify, release, reproduce, perform, display, or 

20 disclose the data pertaining to such item or process 

21 within the Government without restriction, but may 

22 release or disclose the data outside the Government 

23 only for Government purposes. The respective 

24 rights’’; 
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1 (2) in paragraph (3), by striking ‘‘and shall 

2 specify that amounts spent for independent research 

3 and development and bid and proposal costs shall 

4 not be considered to be Federal funds for the pur5 poses of paragraph (2)(B), but shall be considered 

6 to be Federal funds for the purposes of paragraph 

7 (2)(A)’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(4)(A) Except as provided in subparagraph (B), 

11 amounts spent for independent research and development 

12 and bid and proposal costs shall not be treated as Federal 

13 funds for the purposes of this section. 

14 ‘‘(B) An item or process that is developed in whole 

15 or in part with amounts described in subparagraph (A) 

16 shall be treated as having been developed in part with Fed17 eral funds and in part at private expense in the following 

18 circumstances: 

19 ‘‘(i) In the case of an item or process for which 

20 the total amount of costs referred to in subpara21 graph (A) allocable to contracts other than Federal 

22 contracts and any other contractor funds expended 

23 is less than 10 percent of the total funds provided 

24 for the development of such item or process (includ25 ing all sources of Federal funding). 
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1 ‘‘(ii) In the case an item or process that is inte2 grated into a major system for which the rights in 

3 technical data are otherwise described under para4 graph (2)(A) or (2)(E) and for which— 

5 ‘‘(I) the total amount of such costs allo6 cable to contracts other than Federal contracts 

7 and any other contractor funds expended is less 

8 than 50 percent of the total funds provided for 

9 the development of such item or process (in10 cluding all sources of Federal funding); or 

11 ‘‘(II) such item or process cannot be seg12 regated from other elements of the major sys13 tem in a practicable manner in order to allow 

14 the system to be procured using competition.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall take effect on January 7, 2011, imme17 diately after the enactment of section 824(b)(2) of the Ike 

18 Skelton National Defense Authorization Act for Fiscal 

19 Year 2011 (Public Law 111–383; 124 Stat. 4269), to 

20 which such amendments relate. 

21 SEC. 842. LIMITATION ON DEFENSE CONTRACTOR COM22 PENSATION. 

23 Section 2324(e)(1)(P) of title 10, United States 

24 Code, is amended to read as follows: 
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1 ‘‘(P) Costs of compensation of contractor and 

2 subcontractor employees for a fiscal year, regardless 

3 of the contract funding source, to the extent that 

4 such compensation exceeds the annual amount paid 

5 to the President of the United States in accordance 

6 with section 102 of title 3.’’. 

7 SEC. 843. COVERED CONTRACTS FOR PURPOSES OF RE8 QUIREMENTS ON CONTRACTOR BUSINESS 

9 SYSTEMS. 

10 Paragraph (3) of section 893(f) of the Ike Skelton 

11 National Defense Authorization Act for Fiscal Year 2011 

12 (Public Law 111–383; 124 Stat. 4312; 10 U.S.C. 2302 

13 note) is amended to read as follows: 

14 ‘‘(3) The term ‘covered contract’ means a con15 tract that is subject to the cost accounting standards 

16 promulgated pursuant to section 1502 of title 41, 

17 United States Code, that could be affected if the 

18 data produced by a contractor business system has 

19 a significant deficiency.’’. 
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1 SEC. 844. COMPLIANCE WITH DEFENSE PROCUREMENT RE2 QUIREMENTS FOR PURPOSES OF INTERNAL 

3 CONTROLS OF NON-DEFENSE AGENCIES FOR 

4 PROCUREMENTS ON BEHALF OF THE DE5 PARTMENT OF DEFENSE. 

6 Section 801(d) of the National Defense Authorization 

7 Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amend8 ed by striking ‘‘with the requirements’’ and all that follows 

9 and inserting ‘‘with the following: 

10 ‘‘(1) The Federal Acquisition Regulation and 

11 other laws and regulations that apply to procure12 ments of property and services by Federal agencies. 

13 ‘‘(2) Laws and regulations (including applicable 

14 Department of Defense financial management regu15 lations) that apply to procurements of property and 

16 services made by the Department of Defense 

17 through other Federal agencies.’’. 

18 SEC. 845. PROHIBITION ON COLLECTION OF POLITICAL IN19 FORMATION. 

20 (a) IN GENERAL.—Chapter 137 of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new section: 

23 ‘‘§ 2335. Prohibition on collection of political informa24 tion 

25 ‘‘(a) PROHIBITION ON REQUIRING SUBMISSION OF

26 POLITICAL INFORMATION.—The head of an agency may 
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1 not require a contractor to submit political information re2 lated to the contractor or a subcontractor at any tier, or 

3 any partner, officer, director, or employee of the con4 tractor or subcontractor— 

5 ‘‘(1) as part of a solicitation, request for bid, 

6 request for proposal, or any other form of commu7 nication designed to solicit offers in connection with 

8 the award of a contract for procurement of property 

9 or services; 

10 ‘‘(2) during the course of contract performance 

11 as part of the process associated with modifying a 

12 contract or exercising a contract option; or 

13 ‘‘(3) any time prior to contract completion and 

14 final contract closeout. 

15 ‘‘(b) SCOPE.—The prohibition under this section ap16 plies to the procurement of commercial items, the procure17 ment of commercial-off-the-shelf-items, and the non-com18 mercial procurement of supplies, property, services, and 

19 manufactured items, irrespective of contract vehicle, in20 cluding contracts, purchase orders, task or deliver orders 

21 under indefinite delivery/indefinite quantity contracts, 

22 blanket purchase agreements, and basic ordering agree23 ments. 

24 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed as— 
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1 ‘‘(1) waiving, superseding, restricting, or lim2 iting the application of the Federal Election Cam3 paign Act of 1971 (2 U.S.C. 431 et seq.) or pre4 venting Federal regulatory or law enforcement agen5 cies from collecting or receiving information author6 ized by law; or 

7 ‘‘(2) precluding the Defense Contract Audit 

8 Agency from accessing and reviewing certain infor9 mation, including political information, for the pur10 pose of identifying unallowable costs and admin11 istering cost principles established pursuant to sec12 tion 2324 of this title. 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) CONTRACTOR.—The term ‘contractor’ in15 cludes contractors, bidders, and offerors, and indi16 viduals and legal entities who would reasonably be 

17 expected to submit offers or bids for Federal Gov18 ernment contracts. 

19 ‘‘(2) POLITICAL INFORMATION.—The term ‘po20 litical information’ means information relating to po21 litical spending, including any payment consisting of 

22 a contribution, expenditure, independent expendi23 ture, or disbursement for an electioneering commu24 nication that is made by the contractor, any of its 

25 partners, officers, directors or employees, or any of 
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1 its affiliates or subsidiaries to a candidate or on be2 half of a candidate for election for Federal office, to 

3 a political committee, to a political party, to a third 

4 party entity with the intention or reasonable expec5 tation that it would use the payment to make inde6 pendent expenditures or electioneering communica7 tions, or that is otherwise made with respect to any 

8 election for Federal office, party affiliation, and vot9 ing history. Each of the terms ‘contribution’, ‘ex10 penditure’, ‘independent expenditure’, ‘candidate’, 

11 ‘election’, ‘electioneering communication’, and ‘Fed12 eral office’ has the meaning given the term in the 

13 Federal Campaign Act of 1971 (2 U.S.C. 431 et 

14 seq.).’’. 

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

16 at the beginning of chapter 137 of such title is amended 

17 by inserting after the item relating to section 2334 the 

18 following new item: 

‘‘2335. Prohibition on collection of political information.’’. 

19 SEC. 846. WAIVER OF ‘‘BUY AMERICAN’’ REQUIREMENT FOR 

20 PROCUREMENT OF COMPONENTS OTHER21 WISE PRODUCIBLE OVERSEAS WITH SPE22 CIALTY METAL NOT PRODUCED IN THE 

23 UNITED STATES. 

24 Section 2533b of title 10, United States Code, is 

25 amended— 
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1 (1) by redesignating subsections (l) and (m) as 

2 subsections (m) and (n), respectively; and 

3 (2) by inserting after subsection (k) the fol4 lowing new subsection (l): 

5 ‘‘(l) ADDITIONAL WAIVER AUTHORITY.—(1) The 

6 Secretary of Defense may waive the requirement of sub7 section (a) with regard to the procurement of a component 

8 containing specialty metal if the Secretary determines 

9 that, in the absence of the waiver, the component will be 

10 produced overseas and will contain specialty metal not 

11 melted or produced in the United States. 

12 ‘‘(2) The Secretary shall establish a process to review 

13 petitions for waivers under this subsection by interested 

14 persons. The process shall include an opportunity for com15 ment by persons engaged in melting or producing specialty 

16 metals in the United States. 

17 ‘‘(3) The authority to grant a waiver under para18 graph (1) may be delegated to any civilian official in the 

19 Department of Defense or a military department who is 

20 appointed by the President, by and with the advice and 

21 consent of the Senate.’’. 
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1 SEC. 847. COMPTROLLER GENERAL OF THE UNITED 

2 STATES REPORTS ON NONCOMPETITIVE AND 

3 ONE-OFFER CONTRACTS AWARDED BY THE 

4 DEPARTMENT OF DEFENSE. 

5 (a) REPORTS REQUIRED.—Not later than March 31 

6 of each of 2013, 2014, and 2015, the Comptroller General 

7 of the United States shall submit to the Committees on 

8 Armed Services of the Senate and the House of Represent9 atives a report setting forth a review and assessment by 

10 the Comptroller General of the noncompetitive contracts 

11 and one-offer contracts awarded by the Department of De12 fense during the preceding fiscal year. 

13 (b) ELEMENTS.—Each report under subsection (a) 

14 shall include the following: 

15 (1) The number of noncompetitive contracts 

16 awarded by the Department of Defense during the 

17 fiscal year covered by such report, and the percent18 age of such number to the total number of contracts 

19 awarded by the Department during such fiscal year. 

20 (2) A description of the competition exceptions 

21 that served as the basis for the award of such non22 competitive contracts. 

23 (3) An assessment of the adequacy of the jus24 tification and approvals issued under section 2304(f) 

25 of title 10, United States Code, in support of such 

26 noncompetitive contracts. 
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1 (4) The number of one-offer contracts awarded 

2 by the Department during the fiscal year covered by 

3 such report, and the percentage of such number to 

4 the total number of contracts awarded by the De5 partment during such fiscal year. 

6 (5) An assessment of the extent to which such 

7 one-offer contracts were awarded in compliance with 

8 applicable Department guidance on one-offer con9 tracts. 

10 (6) An assessment whether the contracting 

11 practices of the Department during the fiscal year 

12 covered by such report were in keeping with the ob13 jective of promoting full and open competition in the 

14 award of contracts in excess of the simplified acqui15 sition threshold. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘competitive procedures’’ has the 

18 meaning given that term in section 2302(2) of title 

19 10, United States Code. 

20 (2) The term ‘‘noncompetitive contract’’ means 

21 a contract awarded through other than competitive 

22 procedures. 

23 (3) The term ‘‘one-offer contract’’ means a con24 tract awarded after receiving a bid from only one 

25 qualified vendor. 
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1 SEC. 848. DETECTION AND AVOIDANCE OF COUNTERFEIT 

2 ELECTRONIC PARTS. 

3 (a) REVISED REGULATIONS REQUIRED.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary of Defense shall revise the Department of De7 fense Supplement to the Federal Acquisition Regula8 tion to address the detection and avoidance of coun9 terfeit electronic parts. 

10 (2) CONTRACTOR RESPONSIBILITIES.—The re11 vised regulations issued pursuant to paragraph (1) 

12 shall provide that— 

13 (A) contractors on Department of Defense 

14 contracts for products that include electronic 

15 parts are responsible for detecting and avoiding 

16 the use or inclusion of counterfeit electronic 

17 parts or suspect counterfeit electronic parts in 

18 such products and for any rework or corrective 

19 action that may be required to remedy the use 

20 or inclusion of such parts; and 

21 (B) the cost of counterfeit electronic parts 

22 and suspect counterfeit electronic parts and the 

23 cost of rework or corrective action that may be 

24 required to remedy the use or inclusion of such 

25 parts are not allowable costs under such con26 tracts. 
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1 (3) TRUSTED SUPPLIERS.—The revised regula2 tions issued pursuant to paragraph (1) shall— 

3 (A) require that, whenever possible, the 

4 Department of Defense and Department of De5 fense contractors and subcontractors— 

6 (i) obtain electronic parts that are in 

7 production or currently available in stock 

8 from the original manufacturers of the 

9 parts or their authorized dealers, or from 

10 trusted suppliers who obtain such parts ex11 clusively from the original manufacturers 

12 of the parts or their authorized dealers; 

13 and 

14 (ii) obtain electronic parts that are 

15 not in production or currently available in 

16 stock from trusted suppliers; 

17 (B) establish requirements for notification 

18 of the Department of Defense, inspection, test, 

19 and authentication of electronic parts that the 

20 Department of Defense or a Department of De21 fense contractor or subcontractor obtains from 

22 any source other than a source described in 

23 subparagraph (A); 

24 (C) establish qualification requirements, 

25 consistent with the requirements of section 
319 

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1 2319 of title 10, United States Code, pursuant 

2 to which the Department of Defense may iden3 tify trusted suppliers that have appropriate 

4 policies and procedures in place to detect and 

5 avoid counterfeit electronic parts and suspect 

6 counterfeit electronic parts; and 

7 (D) authorize Department of Defense con8 tractors and subcontractors to identify and use 

9 additional trusted suppliers, provided that— 

10 (i) the standards and processes for 

11 identifying such trusted suppliers complies 

12 with established industry standards; 

13 (ii) the contractor or subcontractor 

14 assumes responsibility for the authenticity 

15 of parts provided by such supplier as pro16 vided in paragraph (2); and 

17 (iii) the selection of such trusted sup18 pliers is subject to review and audit by ap19 propriate Department of Defense officials. 

20 (4) REPORTING REQUIREMENT.—The revised 

21 regulations issued pursuant to paragraph (1) shall 

22 require that any Department of Defense contractor 

23 or subcontractor who becomes aware, or has reason 

24 to suspect, that any end item, component, part, or 

25 material contained in supplies purchased by the De-
320 

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1 partment of Defense, or purchased by a contractor 

2 of subcontractor for delivery to, or on behalf of, the 

3 Department of Defense, contains counterfeit elec4 tronic parts or suspect counterfeit electronic parts, 

5 shall provide a written report on the matter within 

6 30 calendar days to the Inspector General of the De7 partment of Defense, the contracting officer for the 

8 contract pursuant to which the supplies are pur9 chased, and the Government-Industry Data Ex10 change Program or a similar program designated by 

11 the Secretary of Defense. 

12 (b) INSPECTION OF IMPORTED ELECTRONIC

13 PARTS.— 

14 (1) INSPECTION PROGRAM.—The Secretary of 

15 Homeland Security shall establish a risk-based 

16 methodology for the enhanced targeting of electronic 

17 parts imported from any country, after consultation 

18 with the Secretary of Defense as to sources of coun19 terfeit electronic parts and suspect counterfeit elec20 tronic parts in the supply chain for products pur21 chased by the Department of Defense. 

22 (2) INFORMATION SHARING.—If United States 

23 Customs and Border Protection suspects a product 

24 of being imported or exported in violation of section 

25 42 of the Lanham Act, and subject to any applicable 
321 

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1 bonding requirements, the Secretary of Treasury is 

2 authorized to share information appearing on, and 

3 unredacted samples of, products and their packaging 

4 and labels, or photographs of such products, pack5 aging and labels, with the rightholders of the trade6 marks suspected of being copied or simulated, for 

7 purposes of determining whether the products are 

8 prohibited from importation pursuant to such sec9 tion. 

10 (c) CONTRACTOR SYSTEMS FOR DETECTION AND

11 AVOIDANCE OF COUNTERFEIT AND SUSPECT COUNTER12 FEIT ELECTRONIC PARTS.— 

13 (1) IN GENERAL.—Not later than 270 days 

14 after the date of the enactment of this Act, the Sec15 retary of Defense shall implement a program for the 

16 improvement of contractor systems for the detection 

17 and avoidance of counterfeit electronic parts and 

18 suspect counterfeit electronic parts. 

19 (2) ELEMENTS.—The program developed pur20 suant to paragraph (1) shall— 

21 (A) require covered contractors to adopt 

22 and implement policies and procedures, con23 sistent with applicable industry standards, for 

24 the detection and avoidance of counterfeit elec25 tronic parts and suspect counterfeit electronic 
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1 parts, including policies and procedures for 

2 training personnel, designing and maintaining 

3 systems to mitigate risks associated with parts 

4 obsolescence, making sourcing decisions, 

5 prioritizing mission critical and sensitive compo6 nents, ensuring traceability of parts, developing 

7 lists of trusted and untrusted suppliers, flowing 

8 down requirements to subcontractors, inspect9 ing and testing parts, reporting and quaran10 tining suspect counterfeit electronic parts and 

11 counterfeit electronic parts, and taking correc12 tive action; 

13 (B) establish processes for the review and 

14 approval or disapproval of contractor systems 

15 for the detection and avoidance of counterfeit 

16 electronic parts and suspect counterfeit elec17 tronic parts, comparable to the processes estab18 lished for contractor business systems under 

19 section 893 of the Ike Skelton National Defense 

20 Authorization Act for Fiscal Year 2011 (Public 

21 Law 111–383; 124 Stat. 4311; 10 U.S.C. 2302 

22 note); and 

23 (C) effective beginning one year after the 

24 date of the enactment of this Act, authorize the 

25 withholding of payments as provided in sub-
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1 section (c) of such section, in the event that a 

2 contractor system for detection and avoidance 

3 of counterfeit electronic parts is disapproved 

4 pursuant to subparagraph (B) and has not sub5 sequently received approval. 

6 (3) COVERED CONTRACTOR AND COVERED CON7 TRACT DEFINED.—In this subsection, the terms 

8 ‘‘covered contractor’’ and ‘‘covered contract’’ have 

9 the meanings given such terms in section 893(f) of 

10 the Ike Skelton National Defense Authorization Act 

11 for Fiscal Year 2011 (Public Law 111–383; 124 

12 Stat. 4312; 10 U.S.C. 2302 note). 

13 (d) DEPARTMENT OF DEFENSE RESPONSIBIL14 ITIES.—Not later than 270 days after the date of the en15 actment of this Act, the Secretary of Defense shall take 

16 steps to address shortcomings in Department of Defense 

17 systems for the detection and avoidance of counterfeit 

18 electronic parts and suspect counterfeit electronic parts. 

19 Such steps shall include, at a minimum, the following: 

20 (1) Policies and procedures applicable to De21 partment of Defense components engaged in the 

22 purchase of electronic parts, including requirements 

23 for training personnel, making sourcing decisions, 

24 ensuring traceability of parts, inspecting and testing 

25 parts, reporting and quarantining suspect counter-
324 

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1 feit electronic parts and counterfeit electronic parts, 

2 and taking corrective action. The policies and proce3 dures developed by the Secretary under this para4 graph shall prioritize mission critical and sensitive 

5 components. 

6 (2) The establishment of a system for ensuring 

7 that government employees who become aware of, or 

8 have reason to suspect, that any end item, compo9 nent, part, or material contained in supplies pur10 chased by or for the Department of Defense con11 tains counterfeit electronic parts or suspect counter12 feit electronic parts are required to provide a written 

13 report on the matter within 30 calendar days to the 

14 Inspector General of the Department of Defense, the 

15 contracting officer for the contract pursuant to 

16 which the supplies are purchased, and the Govern17 ment-Industry Data Exchange Program or a similar 

18 program designated by the Secretary of Defense. 

19 (3) A process for analyzing, assessing, and act20 ing on reports of counterfeit electronic parts and 

21 suspect counterfeit electronic parts that are sub22 mitted to the Inspector General of the Department 

23 of Defense, contracting officers, and the Govern24 ment-Industry Data Exchange Program or a similar 

25 program designated by the Secretary of Defense. 
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1 (4) Guidance on appropriate remedial actions in 

2 the case of a supplier who has repeatedly failed to 

3 detect and avoid counterfeit electronic parts and sus4 pect counterfeit electronic parts or otherwise failed 

5 to exercise due diligence in the detection and avoid6 ance of such parts, including consideration of wheth7 er to suspend or debar a supplier until such time as 

8 the supplier has effectively addressed the issues that 

9 led to such failures. 

10 (e) TRAFFICKING IN COUNTERFEIT MILITARY

11 GOODS OR SERVICES.—Section 2320 of title 18, United 

12 States Code, is amended— 

13 (1) in subsection (a), by adding at the end the 

14 following: 

15 ‘‘(3) MILITARY GOODS OR SERVICES.— 

16 ‘‘(A) IN GENERAL.—A person who com17 mits an offense under paragraph (1) shall be 

18 punished in accordance with subparagraph (B) 

19 if— 

20 ‘‘(i) the offense involved a good or 

21 service described in paragraph (1) that if 

22 it malfunctioned, failed, or was com23 promised, could reasonably be foreseen to 

24 cause— 
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1 ‘‘(I) serious bodily injury or 

2 death; 

3 ‘‘(II) disclosure of classified in4 formation; 

5 ‘‘(III) impairment of combat op6 erations; or 

7 ‘‘(IV) other significant harm to a 

8 member of the Armed Forces or to 

9 national security; and 

10 ‘‘(ii) the person had knowledge that 

11 the good or service is falsely identified as 

12 meeting military standards or is intended 

13 for use in a military or national security 

14 application. 

15 ‘‘(B) PENALTIES.— 

16 ‘‘(i) INDIVIDUAL.—An individual who 

17 commits an offense described in subpara18 graph (A) shall be fined not more than 

19 $5,000,000, imprisoned for not more than 

20 20 years, or both. 

21 ‘‘(ii) PERSON OTHER THAN AN INDI22 VIDUAL.—A person other than an indi23 vidual that commits an offense described in 

24 subparagraph (A) shall be fined not more 

25 than $15,000,000. 
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1 ‘‘(C) SUBSEQUENT OFFENSES.— 

2 ‘‘(i) INDIVIDUAL.—An individual who 

3 commits an offense described in subpara4 graph (A) after the individual is convicted 

5 of an offense under subparagraph (A) shall 

6 be fined not more than $15,000,000, im7 prisoned not more than 30 years, or both. 

8 ‘‘(ii) PERSON OTHER THAN AN INDI9 VIDUAL.—A person other than an indi10 vidual that commits an offense described in 

11 subparagraph (A) after the person is con12 victed of an offense under subparagraph 

13 (A) shall be fined not more than 

14 $30,000,000.’’; and 

15 (2) in subsection (e)— 

16 (A) in paragraph (1), by striking the pe17 riod at the end and inserting a semicolon; 

18 (B) in paragraph (3), by striking ‘‘and’’ at 

19 the end; 

20 (C) in paragraph (4), by striking the pe21 riod at the end and inserting a semicolon; and 

22 (D) by adding at the end the following: 

23 ‘‘(5) the term ‘falsely identified as meeting mili24 tary standards’ relating to a good or service means 

25 there is a material misrepresentation that the good 
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1 or service meets a standard, requirement, or speci2 fication issued by the Department of Defense, an 

3 Armed Force, or a reserve component; and 

4 ‘‘(6) the term ‘use in a military or national se5 curity application’ means the use of a good or serv6 ice, independently, in conjunction with, or as a com7 ponent of another good or service— 

8 ‘‘(A) during the performance of the official 

9 duties of the Armed Forces of the United 

10 States or the reserve components of the Armed 

11 Forces; or 

12 ‘‘(B) by the United States to perform or 

13 directly support— 

14 ‘‘(i) combat operations; or 

15 ‘‘(ii) critical national defense or na16 tional security functions.’’. 

17 (f) SENTENCING GUIDELINES.— 

18 (1) DEFINITION.—In this subsection, the term 

19 ‘‘critical infrastructure’’ has the meaning given that 

20 term in application note 13(A) of section 2B1.1 of 

21 the Federal Sentencing Guidelines. 

22 (2) DIRECTIVE.—The United States Sentencing 

23 Commission shall review and, if appropriate, amend 

24 the Federal Sentencing Guidelines and policy state25 ments applicable to persons convicted of an offense 
329 

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1 under section 2320(a) of title 18, United States 

2 Code, to reflect the intent of Congress that penalties 

3 for such offenses be increased for defendants that 

4 sell infringing products to, or for the use by or for, 

5 the Armed Forces or a Federal, State, or local law 

6 enforcement agency or for use in critical infrastruc7 ture or in national security applications. 

8 (3) REQUIREMENTS.—In amending the Federal 

9 Sentencing Guidelines and policy statements under 

10 paragraph (2), the United States Sentencing Com11 mission shall— 

12 (A) ensure that the guidelines and policy 

13 statements, including section 2B5.3 of the Fed14 eral Sentencing Guidelines (and any successor 

15 thereto), reflect— 

16 (i) the serious nature of the offenses 

17 described in section 2320(a) of title 18, 

18 United States Code; 

19 (ii) the need for an effective deterrent 

20 and appropriate punishment to prevent of21 fenses under section 2320(a) of title 18, 

22 United States Code; and 

23 (iii) the effectiveness of incarceration 

24 in furthering the objectives described in 

25 clauses (i) and (ii); 
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1 (B) consider an appropriate offense level 

2 enhancement and minimum offense level for of3 fenses that involve a product used to maintain 

4 or operate critical infrastructure, or used by or 

5 for an entity of the Federal Government or a 

6 State or local government in furtherance of the 

7 administration of justice, national defense, or 

8 national security; 

9 (C) ensure reasonable consistency with 

10 other relevant directives and guidelines and 

11 Federal statutes; 

12 (D) make any necessary conforming 

13 changes to the guidelines; and 

14 (E) ensure that the guidelines relating to 

15 offenses under section 2320(a) of title 18, 

16 United States Code, adequately meet the pur17 poses of sentencing, as described in section 

18 3553(a)(2) of title 18, United States Code. 

19 (4) EMERGENCY AUTHORITY.—The United 

20 States Sentencing Commission shall— 

21 (A) promulgate the guidelines, policy state22 ments, or amendments provided for in this Act 

23 as soon as practicable, and in any event not 

24 later than 180 days after the date of the enact25 ment of this Act, in accordance with the proce-
331 

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1 dure set forth in section 21(a) of the Sen2 tencing Act of 1987 (28 U.S.C. 994 note), as 

3 though the authority under that Act had not 

4 expired; and 

5 (B) pursuant to the emergency authority 

6 provided under subparagraph (A), make such 

7 conforming amendments to the Federal Sen8 tencing Guidelines as the Commission deter9 mines necessary to achieve consistency with 

10 other guideline provisions and applicable law. 

11 (g) DEFINITIONS.— 

12 (1) COUNTERFEIT ELECTRONIC PART.—The 

13 Secretary of Defense shall define the term ‘‘counter14 feit electronic part’’ for the purposes of this section. 

15 Such definition shall include used electronic parts 

16 that are represented as new. 

17 (2) SUSPECT COUNTERFEIT ELECTRONIC PART

18 AND ELECTRONIC PART.—For the purposes of this 

19 section: 

20 (A) A part is a ‘‘suspect counterfeit elec21 tronic part’’ if visual inspection, testing, or 

22 other information provide reason to believe that 

23 the part may be a counterfeit part. 

24 (B) An ‘‘electronic part’’ means an inte25 grated circuit, a discrete electronic component 
332 

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1 (including but not limited to a transistor, ca2 pacitor, resistor, or diode), or a circuit assem3 bly. 

4 SEC. 849. REPORT ON AUTHORITIES AVAILABLE TO THE 

5 DEPARTMENT OF DEFENSE FOR MULTIYEAR 

6 CONTRACTS FOR THE PURCHASE OF AD7 VANCED BIOFUELS. 

8 Not later than 120 days after the date of the enact9 ment of this Act, the Secretary of Defense shall submit 

10 to the congressional defense committees a report on the 

11 authorities currently available to the Department of De12 fense for multiyear contracts for the purchase of advanced 

13 biofuels (as defined by section 211(o)(1)(B) of the Clean 

14 Air Act (42 U.S.C. 7545(o)(1)(B)). The report shall in15 clude a description of such additional authorities, if any, 

16 as the Secretary considers appropriate to authorize the 

17 Department to enter into contracts for the purchase of 

18 advanced biofuels of sufficient length to reduce the impact 

19 to the Department of future price or supply shocks in the 

20 petroleum market, to benefit taxpayers, and to reduce 

21 United States dependence on foreign oil. 
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1 SEC. 850. COMPTROLLER GENERAL OF THE UNITED 

2 STATES REPORTS ON DEPARTMENT OF DE3 FENSE IMPLEMENTATION OF JUSTIFICATION 

4 AND APPROVAL REQUIREMENTS FOR CER5 TAIN SOLE-SOURCE CONTRACTS. 

6 Not later than 90 days after March 1, 2012, and 

7 March 1, 2013, the dates on which the Department of De8 fense submits to Congress a report on its implementation 

9 of section 811 of the Fiscal Year 2010 National Defense 

10 Authorization Act, the Comptroller General of the United 

11 States shall submit to the congressional defense commit12 tees a report setting forth an assessment of the extent to 

13 which the implementation of such section 811 by the De14 partment ensures that sole-source contracts are awarded 

15 in applicable procurements only when those awards have 

16 been determined to be in the best interest of the Depart17 ment. 

18 Subtitle D—Provisions Relating to 

19 Wartime Contracting 

20 SEC. 861. PROHIBITION ON CONTRACTING WITH THE 

21 ENEMY IN THE UNITED STATES CENTRAL 

22 COMMAND THEATER OF OPERATIONS. 

23 (a) PROHIBITION.— 

24 (1) IN GENERAL.—Not later than 30 days after 

25 the date of the enactment of this Act, the Secretary 

26 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 

25 who is actively supporting an insurgency or oth-
335 

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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 
336 

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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 

25 funds received under the contract, grant, or co-
337 

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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 
338 

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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 

25 the contract, grant, or cooperative agreement con-
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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, 

24 grant, or cooperative agreement pursuant this sec-
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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.— 

25 The authority to acquire associated support services pur-
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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 Logis-
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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 

25 regulations for purposes of subsection (a). Such regula-
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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 

25 used for the production of military products that re-
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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 SEC. 889. OVERSIGHT OF AND REPORTING REQUIREMENTS 

16 WITH RESPECT TO EVOLVED EXPENDABLE 

17 LAUNCH VEHICLE PROGRAM. 

18 The Secretary of Defense shall— 

19 (1) redesignate the Evolved Expendable Launch 

20 Vehicle program as a major defense acquisition pro21 gram not in the sustainment phase under section 

22 2430 of title 10, United States Code; or 

23 (2) require the Evolved Expendable Launch Ve24 hicle program— 
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1 (A) to provide to the congressional defense 

2 committees all information with respect to the 

3 cost, schedule, and performance of the program 

4 that would be required to be provided under 

5 sections 2431 (relating to weapons development 

6 and procurement schedules), 2432 (relating to 

7 Select Acquisition Reports, including updated 

8 program life-cycle cost estimates), and 2433 

9 (relating to unit cost reports) of title 10, United 

10 States Code, with respect to the program if the 

11 program were designated as a major defense ac12 quisition program not in the sustainment phase; 

13 and 

14 (B) to provide to the Under Secretary of 

15 Defense for Acquisition, Technology, and Logis16 tics— 

17 (i) a quarterly cost and status report, 

18 commonly known as a Defense Acquisition 

19 Executive Summary, which serves as an 

20 early-warning of actual and potential prob21 lems with a program and provides for pos22 sible mitigation plans; and 

23 (ii) earned value management data 

24 that contains measurements of contractor 

25 technical, schedule, and cost performance. 
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1 SEC. 890. DEPARTMENT OF DEFENSE ASSESSMENT OF IN2 DUSTRIAL BASE FOR NIGHT VISION IMAGE 

3 INTENSIFICATION SENSORS. 

4 (a) ASSESSMENT REQUIRED.—The Under Secretary 

5 of Defense for Acquisition, Technology, and Logistics shall 

6 undertake an assessment of the current and long-term 

7 availability within the United States and international in8 dustrial base of critical equipment, components, sub9 components, and materials (including, but not limited to, 

10 lenses, tubes, and electronics) needed to support current 

11 and future United States military requirements for night 

12 vision image intensification sensors. In carrying out the 

13 assessment, the Secretary shall— 

14 (1) identify items in connection with night vi15 sion image intensification sensors that the Secretary 

16 determines are critical to military readiness, includ17 ing key components, subcomponents, and materials; 

18 (2) describe and perform a risk assessment of 

19 the supply chain for items identified under para20 graph (1) and evaluate the extent to which— 

21 (A) the supply chain for such items could 

22 be disrupted by a loss of industrial capability in 

23 the United States; and 

24 (B) the industrial base obtains such items 

25 from foreign sources; and 
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1 (3) describe and assess current and future in2 vestment, gaps, and vulnerabilities in the ability of 

3 the Department to respond to the potential loss of 

4 domestic or international sources that provide items 

5 identified under paragraph (1); and 

6 (4) identify and assess current strategies to le7 verage innovative night vision image intensification 

8 technologies being pursued in both Department of 

9 Defense laboratories and the private sector for the 

10 next generation of night vision capabilities, including 

11 an assessment of the competitiveness and techno12 logical advantages of the United States night vision 

13 image intensification industrial base. 

14 (b) REPORT.—Not later than 180 days after the date 

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

16 shall submit to Congress a report containing the results 

17 of the assessment required under subsection (a). 

18 SEC. 891. IMPLEMENTATION OF ACQUISITION STRATEGY 

19 FOR EVOLVED EXPENDABLE LAUNCH VEHI20 CLE. 

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

22 submit, with the budget justification materials submitted 

23 to Congress in support of the budget of the Department 

24 of Defense for fiscal year 2013 (as submitted with the 
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1 budget of the President under section 1105(a) of title 31, 

2 United States Code), the following information: 

3 (1) A description of how the strategy of the De4 partment to acquire space launch capability under 

5 the Evolved Expendable Launch Vehicle program 

6 implements each of the recommendations included in 

7 the Report of the Government Accountability Office 

8 on the Evolved Expendable Launch Vehicle, dated 

9 September 15, 2011 (GAO–11–641). 

10 (2) With respect to any such recommendation 

11 that the Department does not implement, an expla12 nation of how the Department is otherwise address13 ing the deficiencies identified in that report. 

14 (b) ASSESSMENT BY COMPTROLLER GENERAL OF

15 THE UNITED STATES.—Not later than 60 days after the 

16 submission of the information required by subsection (a), 

17 the Comptroller General of the United States shall submit 

18 to the congressional defense committees an assessment of 

19 that information and any additional findings or rec20 ommendations the Comptroller General considers appro21 priate. 

22 SEC. 892. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON 

23 THE DEFENSE INDUSTRIAL BASE. 

24 (a) IN GENERAL.—Not later than October 1, 2012, 

25 the Department of Defense shall submit to the appropriate 
365 

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1 congressional committees a report setting forth an assess2 ment of the impact of foreign boycotts on the defense in3 dustrial base. 

4 (b) ELEMENT.—The report required by subsection 

5 (a) shall include a summary of foreign boycotts that posed 

6 a material risk to the defense industrial base from Janu7 ary 2008 to the date of the enactment of this Act. 

8 (c) DEFINITIONS.—In this section: 

9 (1) FOREIGN BOYCOTT.—The term ‘‘foreign 

10 boycott’’ means any policy or practice adopted by a 

11 foreign government or foreign business enterprise in12 tended to penalize, disadvantage, or harm any con13 tractor or subcontractor of the Department of De14 fense on account of the provision by that contractor 

15 or subcontractor of any product or service to the De16 partment. 

17 (2) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the congressional defense committees; 

21 and 

22 (B) the Committee on Foreign Relations of 

23 the Senate and the Committee on Foreign Af24 fairs of the House of Representatives. 
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. QUALIFICATIONS FOR APPOINTMENTS TO THE 

7 POSITION OF DEPUTY SECRETARY OF DE8 FENSE. 

9 Section 132(a) of title 10, United States Code, is 

10 amended by inserting after the first sentence the following 

11 new sentence: ‘‘The Deputy Secretary shall be appointed 

12 from among persons most highly qualified for the position 

13 by reason of background and experience, including persons 

14 with appropriate management experience.’’. 

15 SEC. 902. DESIGNATION OF DEPARTMENT OF DEFENSE 

16 SENIOR OFFICIAL WITH PRINCIPAL RESPON17 SIBILITY FOR AIRSHIP PROGRAMS. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Secretary of Defense shall— 

20 (1) designate a senior official of the Depart21 ment of Defense as the official with principal re22 sponsibility for the airship programs of the Depart23 ment; and 

24 (2) set forth the responsibilities of that senior 

25 official with respect to such programs. 
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1 SEC. 903. MEMORANDA OF AGREEMENT ON SYNCHRONI2 ZATION OF ENABLING CAPABILITIES OF GEN3 ERAL PURPOSE FORCES WITH THE REQUIRE4 MENTS OF SPECIAL OPERATIONS FORCES. 

5 By not later than 180 days after the date of the en6 actment of this Act, each Secretary of a military depart7 ment shall enter into a memorandum of agreement with 

8 the Commander of the United States Special Operations 

9 Command establishing procedures by which the avail10 ability of the enabling capabilities of the general purpose 

11 forces of the Armed Forces under the jurisdiction of such 

12 Secretary will be synchronized with the training and de13 ployment cycle of special operations forces under the 

14 United States Special Operations Command. 

15 SEC. 904. ENHANCEMENT OF ADMINISTRATION OF THE 

16 UNITED STATES AIR FORCE INSTITUTE OF 

17 TECHNOLOGY. 

18 (a) IN GENERAL.—Chapter 901 of title 10, United 

19 States Code, is amended by inserting after section 9314a 

20 the following new section: 

21 ‘‘§ 9314b. United States Air Force Institute of Tech22 nology: administration 

23 ‘‘(a) COMMANDANT.— 

24 ‘‘(1) SELECTION.—The Commandant of the 

25 United States Air Force Institute of Technology 

26 shall be selected by the Secretary of the Air Force. 
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1 ‘‘(2) ELIGIBILITY.—The Commandant shall be 

2 one of the following: 

3 ‘‘(A) An officer of the Air Force on active 

4 duty in a grade not below the grade of colonel 

5 who possesses such qualifications as the Sec6 retary considers appropriate and is assigned or 

7 detailed to such position. 

8 ‘‘(B) A member of the Senior Executive 

9 Service or a civilian individual, including an in10 dividual who was retired from the Air Force in 

11 a grade not below brigadier general, who has 

12 the qualifications appropriate for the position of 

13 Commandant and is selected by the Secretary 

14 as the best qualified from among candidates for 

15 the position in accordance with a process and 

16 criteria determined by the Secretary. 

17 ‘‘(3) TERM FOR CIVILIAN COMMANDANT.—An 

18 individual selected for the position of Commandant 

19 under paragraph (2)(B) shall serve in that position 

20 for a term of not more than five years and may be 

21 continued in that position for an additional term of 

22 up to five years. 

23 ‘‘(b) PROVOST AND ACADEMIC DEAN.— 

24 ‘‘(1) IN GENERAL.—There is established at the 

25 United States Air Force Institute of Technology the 
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1 civilian position of Provost and Academic Dean who 

2 shall be appointed by the Secretary. 

3 ‘‘(2) TERM.—An individual appointed to the po4 sition of Provost and Academic Dean shall serve in 

5 that position for a term of five years. 

6 ‘‘(3) COMPENSATION.—The individual serving 

7 as Provost and Academic Dean is entitled to such 

8 compensation for such service as the Secretary shall 

9 prescribe for purposes of this section, but not more 

10 than the rate of compensation authorized for level 

11 IV of the Executive Schedule.’’. 

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

13 at the beginning of chapter 901 of such title is amended 

14 by inserting after the item relating to section 9314a the 

15 following new item: 

‘‘9314b. United States Air Force Institute of Technology: administration.’’. 

16 SEC. 905. DEFENSE LABORATORY MATTERS. 

17 (a) REPEAL OF SUNSET ON DIRECT HIRE AUTHOR18 ITY AT PERSONNEL DEMONSTRATION LABORATORIES.— 

19 Section 1108 of the Duncan Hunter National Defense Au20 thorization Act for Fiscal Year 2009 (10 U.S.C. 1580 

21 prec. note) is amended by striking subsection (e). 

22 (b) REPEAL OF SUNSET ON MECHANISMS TO PRO23 VIDE FUNDS FOR LABORATORIES FOR RESEARCH AND

24 DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MIS25 SIONS.—Section 219 of the Duncan Hunter National De-
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1 fense Authorization Act for Fiscal Year 2009 (10 U.S.C. 

2 2358 note) is amended by striking subsection (c). 

3 (c) REPEAL OF SUNSET ON AUTHORITY FOR UN4 SPECIFIED MINOR MILITARY CONSTRUCTION FOR LAB5 ORATORY REVITALIZATION.—Section 2805(d) of title 10, 

6 United States Code, is amended by striking paragraph (5). 

7 (d) ASSESSMENT OF MILITARY CONSTRUCTION RE8 QUIRED FOR LABORATORY REVITALIZATION AND RECAPI9 TALIZATION.— 

10 (1) ASSESSMENT REQUIRED.—The Secretary of 

11 Defense shall conduct an assessment of the current 

12 requirements of the defense laboratories for the revi13 talization and recapitalization of their infrastructure 

14 in order to identity required military construction. 

15 (2) ELEMENTS.—The assessment required by 

16 paragraph (1) shall— 

17 (A) identify the military construction re18 quirements of the defense laboratories described 

19 in paragraph (1) that cannot be met by current 

20 authorities for unspecified minor military con21 struction; and 

22 (B) establish for each Armed Force a 

23 prioritized list of military construction projects 

24 to meet the requirements described in subpara25 graph (A), and identify among the projects so 
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1 listed each project previously submitted to a 

2 military construction review panel and the 

3 length of time such project has remained 

4 unaddressed. 

5 (3) REPORTS.— 

6 (A) STATUS REPORT.—Not later than 180 

7 days after the date of the enactment of this 

8 Act, the Secretary shall submit to the congres9 sional defense committees a report describing 

10 the current status of the assessment required 

11 by paragraph (1). 

12 (B) FINAL REPORT.—Not later than one 

13 year after the date of the enactment of this Act, 

14 the Secretary shall submit to the congressional 

15 defense committees a report on the assessment. 

16 The report shall set forth the following: 

17 (i) The results of the assessment. 

18 (ii) Such recommendations for legisla19 tive or administrative action as the Sec20 retary considers appropriate in light of the 

21 results of the assessment. 

22 (4) DEFENSE LABORATORY DEFINED.—In this 

23 subsection, the term ‘‘defense laboratory’’ means a 

24 laboratory (as that term is defined in section 

25 2805(d)(4) of title 10, United States Code) that is 
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1 owned by the United States and under the jurisdic2 tion of the Secretary of a military department. 

3 SEC. 906. ASSESSMENT OF DEPARTMENT OF DEFENSE AC4 CESS TO NON-UNITED STATES CITIZENS WITH 

5 SCIENTIFIC AND TECHNICAL EXPERTISE 

6 VITAL TO THE NATIONAL SECURITY INTER7 ESTS. 

8 (a) ASSESSMENT REQUIRED.—The Secretary of De9 fense shall conduct an assessment of current and potential 

10 mechanisms to permit the Department of Defense to em11 ploy non-United States citizens with critical scientific and 

12 technical skills that are vital to the national security inter13 ests of the United States. 

14 (b) ELEMENTS.—The assessment required by sub15 section (a) shall include the following: 

16 (1) An identification of the critical scientific 

17 and technical skills that are vital to the national se18 curity interests of the United States and are antici19 pated to be in short supply over the next 10 years, 

20 and an identification of the military positions and ci21 vilian positions of the Department of Defense that 

22 require such skills. 

23 (2) An identification of mechanisms and incen24 tives for attracting persons who are non-United 

25 States citizens with such skills to such positions, in-
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1 cluding the expedited extension of United States citi2 zenship. 

3 (3) An identification and assessment of any 

4 concerns associated with the provision of security 

5 clearances to such persons. 

6 (4) An identification and assessment of any 

7 concerns associated with the employment of such 

8 persons in civilian positions in the United States de9 fense industrial base, including in positions in which 

10 United States citizenship, a security clearance, or 

11 both are a condition of employment. 

12 (c) REPORTS.— 

13 (1) STATUS REPORT.—Not later than 180 days 

14 after the date of the enactment of this Act, the Sec15 retary shall submit to the congressional defense com16 mittees a report describing the current status of the 

17 assessment required by subsection (a). 

18 (2) FINAL REPORT.—Not later than one year 

19 after the date of the enactment of this Act, the Sec20 retary shall submit to the congressional defense com21 mittees a report on the assessment. The report shall 

22 set forth the following: 

23 (A) The results of the assessment. 

24 (B) Such recommendations for legislative 

25 or administrative action as the Secretary con-
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1 siders appropriate in light of the results of the 

2 assessment. 

3 SEC. 907. SENSE OF CONGRESS ON USE OF MODELING AND 

4 SIMULATION IN DEPARTMENT OF DEFENSE 

5 ACTIVITIES. 

6 It is the sense of Congress to encourage the Depart7 ment of Defense to continue the use and enhancement of 

8 modeling and simulation (M&S) across the spectrum of 

9 defense activities, including acquisition, analysis, experi10 mentation, intelligence, planning, medical, test and evalua11 tion, and training. 

12 SEC. 908. SENSE OF CONGRESS ON TIES BETWEEN JOINT 

13 WARFIGHTING AND COALITION CENTER AND 

14 ALLIED COMMAND TRANSFORMATION OF 

15 NATO. 

16 It is the sense of Congress that the successor organi17 zation to the United States Joint Forces Command 

18 (USJFCOM), the Joint Warfighting and Coalition Center, 

19 should establish close ties with the Allied Command 

20 Transformation (ACT) command of the North Atlantic 

21 Treaty Organization (NATO). 
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1 SEC. 909. REPORT ON EFFECTS OF PLANNED REDUCTIONS 

2 OF PERSONNEL AT THE JOINT WARFARE 

3 ANALYSIS CENTER ON PERSONNEL SKILLS. 

4 Not later than 120 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to the congressional defense committees a report setting 

7 forth a description and assessment of the effects of 

8 planned reductions of personnel at the Joint Warfare 

9 Analysis Center (JWAC) on the personnel skills to be 

10 available at the Center after the reductions. The report 

11 shall be in unclassified form, but may contain a classified 

12 annex. 

13 Subtitle B—Space Activities 

14 SEC. 911. COMMERCIAL SPACE LAUNCH COOPERATION. 

15 (a) IN GENERAL.—Chapter 135 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 2275. Commercial space launch cooperation 

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may, to 

20 assist the Secretary of Transportation in carrying out re21 sponsibilities set forth in titles 49 and 51 with respect to 

22 private sector involvement in commercial space activities 

23 and public-private partnerships pertaining to space trans24 portation infrastructure, take such actions as the Sec25 retary considers to be in the best interests of the Federal 

26 Government to do the following: 
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1 ‘‘(1) Maximize the use of the capacity of the 

2 space transportation infrastructure of the Depart3 ment of Defense by the private sector in the United 

4 States. 

5 ‘‘(2) Maximize the effectiveness and efficiency 

6 of the space transportation infrastructure of the De7 partment of Defense. 

8 ‘‘(3) Reduce the cost of services provided by the 

9 Department of Defense related to space transpor10 tation infrastructure at launch support facilities and 

11 space recovery support facilities. 

12 ‘‘(4) Encourage commercial space activities by 

13 enabling investment in the space transportation in14 frastructure of the Department of Defense by cov15 ered entities. 

16 ‘‘(5) Foster cooperation between the Depart17 ment of Defense and covered entities. 

18 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER

19 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN20 FRASTRUCTURE.—The Secretary of Defense— 

21 ‘‘(1) may enter into a contract or other agree22 ment with a covered entity to provide to the covered 

23 entity support and services related to the space 

24 transportation infrastructure of the Department of 

25 Defense; and 
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1 ‘‘(2) upon the request of that covered entity, 

2 may include such support and services in the space 

3 launch and reentry range support requirements of 

4 the Department of Defense if— 

5 ‘‘(A) the Secretary determines that the in6 clusion of such support and services in such re7 quirements— 

8 ‘‘(i) is in the best interests of the Fed9 eral Government; 

10 ‘‘(ii) does not interfere with the re11 quirements of the Department of Defense; 

12 and 

13 ‘‘(iii) does not compete with the com14 mercial space activities of other covered en15 tities, unless that competition is in the na16 tional security interests of the United 

17 States; and 

18 ‘‘(B) any commercial requirement included 

19 in a contract or other agreement entered into 

20 under this subsection has full non-Federal fund21 ing before the execution of the contract or other 

22 agreement. 

23 ‘‘(c) CONTRIBUTIONS.— 

24 ‘‘(1) IN GENERAL.—The Secretary of Defense 

25 may enter into contracts or other agreements with 
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1 covered entities on a cooperative and voluntary basis 

2 to accept contributions of funds, services, and equip3 ment to carry out this section. 

4 ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, 

5 services, or equipment accepted by the Secretary 

6 under this subsection— 

7 ‘‘(A) may be used only for the objectives 

8 specified in this section in accordance with 

9 terms of use set forth in the contract or other 

10 agreement entered into under this subsection; 

11 and 

12 ‘‘(B) shall be managed by the Secretary in 

13 accordance with regulations of the Department 

14 of Defense. 

15 ‘‘(3) REQUIREMENTS WITH RESPECT TO

16 AGREEMENTS.—A contract or other agreement en17 tered into under this subsection shall address terms 

18 of use, ownership, and disposition of the funds, serv19 ices, or equipment contributed pursuant to the con20 tract or other agreement. 

21 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC22 COUNT.— 

23 ‘‘(1) ESTABLISHMENT.—There is established in 

24 the Treasury of the United States a special account 
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1 to be known as the ‘Defense Cooperation Space 

2 Launch Account’. 

3 ‘‘(2) CREDITING OF FUNDS.—Funds received 

4 by the Secretary of Defense under subsection (c) 

5 shall be credited to the Defense Cooperation Space 

6 Launch Account and shall be available until ex7 pended without further authorization or appropria8 tion only for the objectives specified in this section. 

9 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

10 of each year, the Secretary of Defense shall submit to the 

11 congressional defense committees a report on the funds, 

12 services, and equipment accepted and used by the Sec13 retary under this section during the previous fiscal year. 

14 ‘‘(f) DEFINITIONS.—In this section: 

15 ‘‘(1) COVERED ENTITY.—The term ‘covered en16 tity’ means a non-Federal entity that— 

17 ‘‘(A) is organized under the laws of the 

18 United States or of any jurisdiction within the 

19 United States; and 

20 ‘‘(B) is engaged in commercial space ac21 tivities. 

22 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

23 ‘launch support facilities’ has the meaning given 

24 that term in section 50501(7) of title 51. 
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1 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

2 The term ‘space recovery support facilities’ has the 

3 meaning given that term in section 50501(11) of 

4 title 51. 

5 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC6 TURE.—The term ‘space transportation infrastruc7 ture’ has the meaning given that term in section 

8 50501(12) of title 51.’’. 

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

10 at the beginning of such chapter is amended by adding 

11 at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 

12 (c) REGULATIONS.—The Secretary of Defense shall 

13 prescribe regulations relating to the activities of the De14 partment of Defense under section 2275 of title 10, 

15 United States Code, as added by subsection (a). 

16 SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR 

17 BLOCKS OF SPACE VEHICLES AS MAJOR SUB18 PROGRAMS SUBJECT TO ACQUISITION RE19 PORTING REQUIREMENTS. 

20 Section 2430a(a)(1) of title 10, United States Code, 

21 is amended— 

22 (1) by inserting ‘‘(A)’’ before ‘‘If the Secretary 

23 of Defense determines’’; and 

24 (2) by adding at the end the following new sub25 paragraph: 
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1 ‘‘(B) If the Secretary of Defense determines that a 

2 major defense acquisition program to purchase space vehi3 cles requires the delivery of space vehicles in two or more 

4 increments or blocks, the Secretary may designate each 

5 such increment or block as a major subprogram for the 

6 purposes of acquisition reporting under this chapter.’’. 

7 SEC. 913. REVIEW TO IDENTIFY INTERFERENCE WITH NA8 TIONAL SECURITY GLOBAL POSITIONING 

9 SYSTEM RECEIVERS BY COMMERCIAL COM10 MUNICATIONS SERVICES. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the reliable provision of precision navigation 

14 and timing signals by Global Positioning System sat15 ellites owned and operated by the Department of 

16 Defense is critical to the economy, public health and 

17 safety, and the national security of the United 

18 States; 

19 (2) any interference with the signals of the 

20 Global Positioning System satellites or the various 

21 receivers that use those signals would be extraor22 dinarily disruptive; and 

23 (3) the Federal Communications Commission 

24 should ensure that the signals of Global Positioning 
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1 System satellites can be received without interrup2 tion or interference. 

3 (b) REVIEW.—Not later than 90 days after the date 

4 of the enactment of this Act, and every 90 days thereafter 

5 until the termination date described in subsection (d), the 

6 Secretary of Defense shall conduct a review— 

7 (1) to assess the ability of national security 

8 Global Positioning System receivers to receive the 

9 signals of Global Positioning System satellites with10 out interruption or interference; and 

11 (2) to determine if commercial communications 

12 services are causing or will cause widespread or 

13 harmful interference with national security Global 

14 Positioning System receivers. 

15 (c) NOTIFICATION TO CONGRESS.— 

16 (1) IN GENERAL.—If the Secretary determines 

17 under subsection (b)(2) that commercial communica18 tions services are causing or will cause widespread or 

19 harmful interference with national security Global 

20 Positioning System receivers, the Secretary shall 

21 promptly submit to the congressional defense com22 mittees a report notifying those committees of the 

23 interference. 

24 (2) ELEMENTS.—The report required by para25 graph (1) shall include the following: 
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1 (A) A list and description of the national 

2 security Global Positioning System receivers 

3 that are being or are expected to be interfered 

4 with by commercial communications services. 

5 (B) A description of the source of, and the 

6 entity causing or expected to cause, the inter7 ference with those receivers. 

8 (C) A description of the manner in which 

9 that source or entity is causing or is expected 

10 to cause the interference. 

11 (D) A description of the magnitude of 

12 harm caused or expected to be caused by the in13 terference. 

14 (E) A description of the duration of and 

15 the conditions and circumstances under which 

16 the interference is occurring or is expected to 

17 occur. 

18 (F) A description of the impact of the in19 terference on the national security interests of 

20 the United States. 

21 (G) A description of the plans of the Sec22 retary to address, alleviate, or mitigate the in23 terference or the harm caused or expected to be 

24 caused by the interference. 
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1 (d) TERMINATION DATE DESCRIBED.—The require2 ment that the Secretary conduct the review under sub3 section (b) and submit the report under subsection (c) 

4 shall terminate on the earlier of— 

5 (1) the date that is 2 years after the date of the 

6 enactment of this Act; or 

7 (2) the date on which the Secretary— 

8 (A) determines that there is no widespread 

9 or harmful interference with national security 

10 Global Positioning System receivers by commer11 cial communication services; and 

12 (B) notifies the congressional defense com13 mittees of that determination. 

14 Subtitle C—Intelligence Matters 

15 SEC. 921. EXPANSION OF AUTHORITY FOR EXCHANGES OF 

16 MAPPING, CHARTING, AND GEODETIC DATA 

17 TO INCLUDE NONGOVERNMENTAL ORGANI18 ZATIONS AND ACADEMIC INSTITUTIONS. 

19 (a) BROADENING OF AUTHORITY.—Section 454 of 

20 title 10, United States Code, is amended— 

21 (1) by inserting ‘‘(a) FOREIGN COUNTRIES AND

22 INTERNATIONAL ORGANIZATIONS.—’’ before ‘‘The 

23 Secretary of Defense’’; and 

24 (2) by adding at the end the following new sub25 section: 
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1 ‘‘(b) NONGOVERNMENTAL ORGANIZATIONS AND ACA2 DEMIC INSTITUTIONS.—The Secretary may authorize the 

3 National Geospatial-Intelligence Agency to exchange or 

4 furnish mapping, charting, and geodetic data, supplies, 

5 and services relating to areas outside of the United States 

6 to a nongovernmental organization or an academic institu7 tion engaged in geospatial information research or produc8 tion of such areas pursuant to an agreement for the pro9 duction or exchange of such data.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) SECTION HEADING.—The heading of such 

12 section is amended to read as follows: 

13 ‘‘§ 454. Exchange of mapping, charting, and geodetic 

14 data with foreign countries, international 

15 organizations, nongovernmental organi16 zations, and academic institutions’’. 

17 (2) TABLE OF SECTIONS.—The table of sections 

18 at the beginning of subchapter II of chapter 22 of 

19 such title is amended by striking the item relating 

20 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.’’. 

21 SEC. 922. FACILITIES FOR INTELLIGENCE COLLECTION OR 

22 SPECIAL OPERATIONS ACTIVITIES ABROAD. 

23 Section 2682 of title 10, United States Code, is 

24 amended— 
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1 (1) by inserting ‘‘(a) MAINTENANCE AND RE2 PAIR.—’’ before ‘‘The maintenance and repair’’; 

3 (2) by designating the second sentence as sub4 section (b), realigning such subsection so as to be in5 dented two ems from the left margin, and inserting 

6 ‘‘JURISDICTION.—’’ before ‘‘A real property facil7 ity’’; and 

8 (3) by adding at the end the following new sub9 section: 

10 ‘‘(c) FACILITIES FOR INTELLIGENCE COLLECTION

11 OR FOR SPECIAL OPERATIONS ABROAD.—The Secretary 

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

17 SEC. 923. OZONE WIDGET FRAMEWORK. 

18 (a) MECHANISM FOR INTERNET PUBLICATION OF IN19 FORMATION FOR DEVELOPMENT OF ANALYSIS TOOLS

20 AND APPLICATIONS.—The Director of the Defense Infor21 mation Systems Agency shall implement a mechanism to 

22 publish and maintain on the public Internet the Applica23 tion Programming Interface specifications, a developer’s 

24 toolkit, source code, and such other information on, and 

25 resources for, the Ozone Widget Framework (OWF) as the 
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1 Director considers necessary to permit individuals and 

2 companies to develop, integrate, and test analysis tools 

3 and applications for use by the Department of Defense 

4 and the elements of the intelligence community. 

5 (b) PROCESS FOR VOLUNTARY CONTRIBUTION OF

6 IMPROVEMENTS BY PRIVATE SECTOR.—In addition to the 

7 requirement under subsection (a), the Director shall also 

8 establish a process by which private individuals and com9 panies may voluntarily contribute the following: 

10 (1) Improvements to the source code and docu11 mentation for the Ozone Widget Framework. 

12 (2) Alternative or compatible implementations 

13 of the published Application Programming Interface 

14 specifications for the Framework. 

15 (c) ENCOURAGEMENT OF USE AND DEVELOP16 MENT.—The Director shall, whenever practicable, encour17 age and foster the use, support, development, and en18 hancement of the Ozone Widget Framework by the com19 puter industry and commercial information technology 

20 vendors, including the development of tools that are com21 patible with the Framework. 
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1 SEC. 924. PLAN FOR INCORPORATION OF ENTERPRISE 

2 QUERY AND CORRELATION CAPABILITY INTO 

3 THE DEFENSE INTELLIGENCE INFORMATION 

4 ENTERPRISE. 

5 (a) PLAN REQUIRED.— 

6 (1) IN GENERAL.—The Under Secretary of De7 fense for Intelligence shall develop a plan for the in8 corporation of an enterprise query and correlation 

9 capability into the Defense Intelligence Information 

10 Enterprise (D2IE). 

11 (2) ELEMENTS.—The plan required by para12 graph (1) shall— 

13 (A) include an assessment of all the cur14 rent and planned advanced query and correla15 tion systems which operate on large centralized 

16 databases that are deployed or to be deployed 

17 in elements of the Defense Intelligence Informa18 tion Enterprise; and 

19 (B) determine where duplication can be 

20 eliminated, how use of these systems can be ex21 panded, whether these systems can be operated 

22 collaboratively, and whether they can and 

23 should be integrated with the enterprisewide 

24 query and correlation capability required pursu25 ant to paragraph (1). 

26 (b) PILOT PROGRAM.— 
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1 (1) IN GENERAL.—The Under Secretary shall 

2 conduct a pilot program to demonstrate an 

3 enterprisewide query and correlation capability 

4 through the Defense Intelligence Information Enter5 prise program. 

6 (2) PURPOSE.—The purpose of the pilot pro7 gram shall be to demonstrate the capability of an 

8 enterprisewide query and correlation system to 

9 achieve the following: 

10 (A) To conduct complex, simultaneous que11 ries by a large number of users and analysts 

12 across numerous, large distributed data stores 

13 with response times measured in seconds. 

14 (B) To be scaled up to operate effectively 

15 on all the data holdings of the Defense Intel16 ligence Information Enterprise. 

17 (C) To operate across multiple levels of se18 curity with data guards. 

19 (D) To operate effectively on both 

20 unstructured data and structured data. 

21 (E) To extract entities, resolve them, and 

22 (as appropriate) mask them to protect sources 

23 and methods, privacy, or both. 
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1 (F) To control access to data by means of 

2 on-line electronic user credentials, profiles, and 

3 authentication. 

4 (c) REPORT.—Not later than November 1, 2012, the 

5 Under Secretary shall submit to the appropriate commit6 tees of Congress a report on the actions undertaken by 

7 the Under Secretary to carry out this section. The report 

8 shall set forth the plan developed under subsection (a) and 

9 a description and assessment of the pilot program con10 ducted under subsection (b). 

11 (d) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committee on Armed Services, the 

15 Committee on Appropriations, and the Select Com16 mittee on Intelligence of the Senate; and 

17 (2) the Committee on Armed Services, the 

18 Committee on Appropriations, and the Permanent 

19 Select Committee on Intelligence of the House of 

20 Representatives. 
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1 Subtitle D—Cybersecurity Matters 

2 SEC. 931. STRATEGY TO ACQUIRE CAPABILITIES TO DE3 TECT PREVIOUSLY UNKNOWN CYBER AT4 TACKS. 

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

6 develop and implement a plan to augment the cybersecu7 rity strategy of the Department of Defense through the 

8 acquisition of advanced capabilities to discover and isolate 

9 penetrations and attacks that were previously unknown 

10 and for which signatures have not been developed for in11 corporation into computer intrusion detection and preven12 tion systems and anti-virus software systems. 

13 (b) CAPABILITIES.— 

14 (1) NATURE OF CAPABILITIES.—The capabili15 ties to be acquired under the plan required by sub16 section (a) shall— 

17 (A) be adequate to enable well-trained ana18 lysts to discover the sophisticated attacks con19 ducted by nation-state adversaries that are cat20 egorized as ‘‘advanced persistent threats’’; 

21 (B) be appropriate for— 

22 (i) endpoints or hosts; 

23 (ii) network-level gateways operated 

24 by the Defense Information Systems Agen-
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1 cy where the Department of Defense net2 work connects to the public Internet; and 

3 (iii) global networks owned and oper4 ated by private sector Tier 1 Internet 

5 Service Providers; 

6 (C) at the endpoints or hosts, add new dis7 covery capabilities to the Host-Based Security 

8 System of the Department, including capabili9 ties such as— 

10 (i) automatic blocking of unauthorized 

11 software programs and accepting approved 

12 and vetted programs; 

13 (ii) constant monitoring of all key 

14 computer attributes, settings, and oper15 ations (such as registry keys, operations 

16 running in memory, security settings, 

17 memory tables, event logs, and files); and 

18 (iii) automatic baselining and remedi19 ation of altered computer settings and 

20 files; 

21 (D) at the network-level gateways and in22 ternal network peering points, include the 

23 sustainment and enhancement of a system that 

24 is based on full-packet capture, session recon-
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1 struction, extended storage, and advanced ana2 lytic tools, by— 

3 (i) increasing the number and skill 

4 level of the analysts assigned to query 

5 stored data, whether by contracting for se6 curity services, hiring and training Govern7 ment personnel, or both; and 

8 (ii) increasing the capacity of the sys9 tem to handle the rates for data flow 

10 through the gateways and the storage re11 quirements specified by the United States 

12 Cyber Command; and 

13 (E) include the behavior-based threat de14 tection capabilities of Tier 1 Internet Service 

15 Providers and other companies that operate on 

16 the global Internet. 

17 (2) SOURCE OF CAPABILITIES.—The capabili18 ties to be acquired shall, to the maximum extent 

19 practicable, be acquired from commercial sources. In 

20 making decisions on the procurement of such capa21 bilities from among competing commercial and Gov22 ernment providers, the Secretary shall take into con23 sideration the needs of other departments and agen24 cies of the Federal Government, State and local gov25 ernments, and critical infrastructure owned and op-
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1 erated by the private sector for unclassified, afford2 able, and sustainable commercial solutions. 

3 (c) INTEGRATION AND MANAGEMENT OF DISCOVERY

4 CAPABILITIES.—The plan required by subsection (a) shall 

5 include mechanisms for improving the standardization, or6 ganization, and management of the security information 

7 and event management systems that are widely deployed 

8 across the Department of Defense to improve the ability 

9 of United States Cyber Command to understand and con10 trol the status and condition of Department networks, in11 cluding mechanisms to ensure that the security informa12 tion and event management systems of the Department 

13 receive and correlate data collected and analyses con14 ducted at the host or endpoint, at the network gateways, 

15 and by Internet Service Providers in order to discover new 

16 attacks reliably and rapidly. 

17 (d) PROVISION FOR CAPABILITY DEMONSTRA18 TIONS.—The plan required by subsection (a) shall provide 

19 for the conduct of demonstrations, pilot projects, and 

20 other tests on cyber test ranges and operational networks 

21 in order to determine and verify that the capabilities to 

22 be acquired pursuant to the plan are effective, practical, 

23 and affordable. 

24 (e) REPORT.—Not later than April 1, 2012, the Sec25 retary shall submit to the congressional defense commit-
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1 tees a report on the plan required by subsection (a). The 

2 report shall set forth the plan and include a comprehensive 

3 description of the actions being undertaken by the Depart4 ment to implement the plan. 

5 SEC. 932. PROGRAM IN SUPPORT OF DEPARTMENT OF DE6 FENSE POLICY ON SUSTAINING AND EXPAND7 ING INFORMATION SHARING. 

8 (a) PROGRAM REQUIRED.—The Secretary of Defense 

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

16 (b) CAPABILITIES.—Options for the technical and 

17 procedural capabilities to be adopted and improved under 

18 the program required by subsection (a) shall include, but 

19 not be limited to, capabilities for the following: 

20 (1) Disabling the removable media ports of 

21 computers, whether physically or electronically. 

22 (2) In the case of computers authorized to write 

23 to removable media, requiring systems administrator 

24 approval for transfers of data. 
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1 (3) Electronic monitoring and reporting of com2 pliance with policies on downloading of information 

3 to removable media, and of attempts to circumvent 

4 such policies. 

5 (4) Using public-key infrastructure-based iden6 tity authentication and user profiles to control infor7 mation access and use. 

8 (5) Electronic auditing and reporting of user 

9 activities to deter and detect unauthorized activities. 

10 (6) Using data-loss-prevention and data-rights 

11 management technology to prevent the unauthorized 

12 export of information from a network or to render 

13 the information unusable in the event of unauthor14 ized export. 

15 (7) Appropriately implementing and integrating 

16 such capabilities to enable efficient management and 

17 operations, and effective protection of information, 

18 without impairing the work of analysts and users of 

19 networks. 

20 (c) PROGRAM WITHIN BROADER APPROACH TO CY21 BERSECURITY CHALLENGES.—In developing the program 

22 required by subsection (a), the Secretary— 

23 (1) shall take into account that the prevention 

24 of security breaches from personnel operating from 

25 inside Department networks substantially overlaps 
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1 with the prevention of cyber attacks (including pre2 vention of theft of information and intellectual prop3 erty and the destruction of information and network 

4 functionality); and 

5 (2) should make decisions about the utility and 

6 affordability of capabilities under subsection (b) for 

7 purposes of the program in full contemplation of the 

8 broad range of cybersecurity challenges facing the 

9 Department. 

10 (d) BUDGET MATTERS.—The budget justification 

11 documents for the budget of the President for each fiscal 

12 year after fiscal year 2012, as submitted to Congress pur13 suant to section 1105 of title 31, United States Code, shall 

14 set forth information on the program required by sub15 section (a), including the following: 

16 (1) The amount requested for such fiscal year 

17 for the program. 

18 (2) A description of the objectives and scope of 

19 the program for such fiscal year, including manage20 ment objectives and program milestones and per21 formance metrics for such fiscal year. 

22 TITLE X—GENERAL PROVISIONS 

23 Subtitle A—Financial Matters 

24 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

25 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
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1 (1) AUTHORITY.—Upon determination by the 

2 Secretary of Defense that such action is necessary in 

3 the national interest, the Secretary may transfer 

4 amounts of authorizations made available to the De5 partment of Defense in this division for fiscal year 

6 2012 between any such authorizations for that fiscal 

7 year (or any subdivisions thereof). Amounts of au8 thorizations so transferred shall be merged with and 

9 be available for the same purposes as the authoriza10 tion to which transferred. 

11 (2) LIMITATION.—Except as provided in para12 graph (3), the total amount of authorizations that 

13 the Secretary may transfer under the authority of 

14 this section may not exceed $5,000,000,000. 

15 (3) EXCEPTION FOR TRANSFERS BETWEEN

16 MILITARY PERSONNEL AUTHORIZATIONS.—A trans17 fer of funds between military personnel authoriza18 tions under title IV shall not be counted toward the 

19 dollar limitation in paragraph (2). 

20 (b) LIMITATIONS.—The authority provided by this 

21 section to transfer authorizations— 

22 (1) may only be used to provide authority for 

23 items that have a higher priority than the items 

24 from which authority is transferred; and 
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1 (2) may not be used to provide authority for an 

2 item that has been denied authorization by Con3 gress. 

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the 

7 amount authorized for the account to which the amount 

8 is transferred by an amount equal to the amount trans9 ferred. 

10 (d) NOTICE TO CONGRESS.—The Secretary shall 

11 promptly notify Congress of each transfer made under 

12 subsection (a). 

13 SEC. 1002. DEFENSE BUSINESS SYSTEMS. 

14 (a) AVAILABILITY OF FUNDS FOR DEFENSE BUSI15 NESS SYSTEM PROGRAMS.— 

16 (1) CONDITIONS FOR OBLIGATION.—Subsection 

17 (a) of section 2222 of title 10, United States Code, 

18 is amended to read as follows: 

19 ‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR

20 COVERED DEFENSE BUSINESS SYSTEM PROGRAMS.—Ap21 propriated and nonappropriated funds available to the De22 partment of Defense may not be obligated for a covered 

23 defense business system program unless— 

24 ‘‘(1) the appropriate chief management officer 

25 for the defense business system program has— 
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1 ‘‘(A) determined that— 

2 ‘‘(i) the defense business system pro3 gram is in compliance with the enterprise 

4 architecture developed under subsection 

5 (c); and 

6 ‘‘(ii) appropriate business process re7 engineering efforts have been undertaken 

8 to ensure that— 

9 ‘‘(I) the business process to be 

10 supported by the defense business sys11 tem program will be as streamlined 

12 and efficient as practicable; and 

13 ‘‘(II) the need to tailor commer14 cial-off-the-shelf systems to meet 

15 unique requirements or incorporate 

16 unique interfaces has been eliminated 

17 or reduced to the maximum extent 

18 practicable; or 

19 ‘‘(B) waived the requirement in subpara20 graph (A) on the basis of a determination by 

21 the chief management officer that— 

22 ‘‘(i) the defense business system pro23 gram is necessary to achieve a critical na24 tional security capability or address a crit-
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1 ical requirement in an area such as safety 

2 or security; or 

3 ‘‘(ii) the defense business system pro4 gram is necessary to prevent a significant 

5 adverse effect on a project that is needed 

6 to achieve an essential capability, taking 

7 into consideration the alternative solutions 

8 for preventing such adverse effect; 

9 ‘‘(2) the determination or waiver of the chief 

10 management officer under paragraph (1) has been 

11 reviewed, approved, and certified by an appropriate 

12 investment review board established under sub13 section (g); and 

14 ‘‘(3) the certification by the investment review 

15 board under paragraph (2) has been approved by the 

16 Defense Business Systems Management Com17 mittee.’’. 

18 (2) TREATMENT OF CERTAIN OBLIGATIONS OF

19 FUNDS.—Subsection (b) of such section is amended 

20 by striking ‘‘business system’’ and all that follows 

21 through ‘‘such subsection’’ and inserting ‘‘covered 

22 defense business system program that has not been 

23 certified or approved in accordance with subsection 

24 (a)’’. 

25 (b) ENTERPRISE ARCHITECTURE.— 
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1 (1) IN GENERAL.—Subsection (c) of such sec2 tion is amended— 

3 (A) in paragraph (1), by inserting ‘‘, 

4 known as the defense business enterprise archi5 tecture,’’ after ‘‘an enterprise architecture’’; 

6 and 

7 (B) in paragraph (2), by striking ‘‘the en8 terprise architecture for defense business sys9 tems’’ and inserting ‘‘the defense business en10 terprise architecture’’. 

11 (2) COMPOSITION.—Subsection (d) of such sec12 tion is amended— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘all’’ and inserting ‘‘applicable law, includ16 ing’’; and 

17 (ii) in subparagraph (B), by inserting 

18 ‘‘business and’’ before ‘‘financial informa19 tion’’; 

20 (B) in paragraph (2), by inserting ‘‘per21 formance measures,’’ after ‘‘data standards,’’; 

22 and 

23 (C) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(3) A target systems environment, aligned to 

2 the business enterprise architecture, for each of the 

3 major business processes conducted by the Depart4 ment of Defense, as determined by the Chief Man5 agement Officer of the Department of Defense.’’. 

6 (3) TRANSITION PLAN.—Subsection (e) of such 

7 section is amended— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘The acquisition strategy for’’ and insert11 ing ‘‘A listing of the’’; and 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘defense business 

14 systems as of December 2, 2002’’ and 

15 inserting ‘‘existing defense business 

16 systems’’; and 

17 (II) by striking the comma before 

18 ‘‘that will’’; and 

19 (B) in paragraph (2), by striking ‘‘Each of 

20 the strategies under paragraph (1)’’ and insert21 ing ‘‘For each system listed under paragraph 

22 (1), the transition plan’’. 

23 (c) RESPONSIBLE SENIOR OFFICIALS AND CHIEF

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

25 is amended— 
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1 (1) by striking all the matter preceding sub2 paragraph (A) of paragraph (1) and inserting the 

3 following: 

4 ‘‘(f) DESIGNATION OF SENIOR OFFICIALS AND

5 CHIEF MANAGEMENT OFFICERS.—(1) For purposes of 

6 subsection (g), the appropriate senior Department of De7 fense official for the functions and activities supported by 

8 a covered defense business system is as follows:’’; 

9 (2) in such paragraph (1), as so amended— 

10 (A) by striking ‘‘shall be responsible and 

11 accountable for’’ each place it appears and in12 serting ‘‘, in the case of’’; 

13 (B) in subparagraph (D), by striking ‘‘As14 sistant Secretary of Defense for Networks and 

15 Information Integration and the’’; and 

16 (C) in subparagraph (E), by striking 

17 ‘‘Deputy Secretary of Defense’’ and all that fol18 lows through ‘‘responsible for’’ and inserting 

19 ‘‘Deputy Chief Management Officer of the De20 partment of Defense, in the case of’’; and 

21 (3) in paragraph (2)— 

22 (A) in the matter preceding subparagraph 

23 (A)— 

24 (i) by striking ‘‘subsection (a)’’ and 

25 inserting ‘‘subsections (a) and (g)’’; and 
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1 (ii) by striking ‘‘modernization’’ and 

2 inserting ‘‘program’’; 

3 (B) in subparagraph (D), by inserting ‘‘the 

4 Director of such Defense Agency, unless other5 wise approved by’’ before ‘‘the Deputy Chief 

6 Management Officer’’; and 

7 (C) in subparagraph (E), by inserting ‘‘the 

8 designee of’’ before ‘‘the Deputy Chief Manage9 ment Officer’’. 

10 (d) INVESTMENT REVIEW.—Subsection (g) of such 

11 section is amended— 

12 (1) by striking paragraph (1) and inserting the 

13 following new paragraph (1): 

14 ‘‘(1) The Secretary of Defense, acting through the 

15 Chief Management Officer of the Department of Defense, 

16 shall establish, by not later than March 15, 2012, an in17 vestment review board and investment management proc18 ess, consistent with section 11312 of title 40, to review 

19 the planning, design, acquisition, development, deploy20 ment, operation, maintenance, modernization, and project 

21 cost benefits and risks of covered defense business system 

22 programs. The investment review process so established 

23 shall specifically address the requirements of subsection 

24 (a).’’; and 

25 (2) in paragraph (2)— 
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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘systems’’ and inserting ‘‘sys3 tem programs’’; 

4 (B) in subparagraph (A), by striking ‘‘de5 fense business system’’ and all that follows 

6 through ‘‘as an investment’’ and inserting ‘‘cov7 ered defense business system program, in ac8 cordance with the requirements of subsection 

9 (a),’’; 

10 (C) in subparagraph (B), by striking 

11 ‘‘every defense business system’’ and all that 

12 follows and inserting ‘‘covered defense business 

13 system programs, grouped in portfolios of de14 fense business systems;’’; 

15 (D) by striking subparagraph (C) and in16 serting the following new subparagraph (C): 

17 ‘‘(C) Representation on each investment review 

18 board by appropriate officials from among the Office 

19 of the Secretary of Defense, the armed forces, the 

20 combatant commands, the Joint Chiefs of Staff, and 

21 the Defense Agencies, including representatives of 

22 each of the following: 

23 ‘‘(i) The appropriate chief management of24 ficer for the defense business system under re25 view. 
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1 ‘‘(ii) The appropriate senior Department of 

2 Defense official for the functions and activities 

3 supported by the defense business system under 

4 review. 

5 ‘‘(iii) The Chief Information Officer of the 

6 Department of Defense.’’; and 

7 (E) in subparagraph (D), by striking ‘‘in8 vestments’’ and inserting ‘‘programs’’. 

9 (e) BUDGET INFORMATION.—Subsection (h) of such 

10 section is amended— 

11 (1) in paragraph (1), by inserting ‘‘program’’ 

12 after ‘‘defense business system’’; 

13 (2) in paragraph (2)— 

14 (A) in the matter preceding subparagraph 

15 (A), by striking ‘‘such system’’ and inserting 

16 ‘‘such program’’; and 

17 (B) in subparagraph (A), by striking ‘‘the 

18 system’’ and inserting ‘‘the system covered by 

19 such program’’; 

20 (3) by striking paragraph (3) and inserting the 

21 following new paragraph (3): 

22 ‘‘(3) For each such program, an identification 

23 of the appropriate chief management officer and 

24 senior Department of Defense official designated 

25 under subsection (f).’’; and 
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1 (4) in paragraph (4), by striking ‘‘such system’’ 

2 both places it appears and inserting ‘‘such pro3 gram’’. 

4 (f) REPORTS TO CONGRESS.—Subsection (i) of such 

5 section is amended— 

6 (1) in the matter preceding paragraph (1)— 

7 (A) by striking ‘‘2005 through 2013’’ and 

8 inserting ‘‘2012 through 2016’’; 

9 (B) by striking the second sentence; and 

10 (C) by striking ‘‘Subsequent reports’’ and 

11 inserting ‘‘Each report’’; 

12 (2) by striking ‘‘modernizations’’ each place it 

13 appears in paragraphs (1) and (2) and inserting 

14 ‘‘programs’’; 

15 (3) by striking paragraph (3) and inserting the 

16 following new paragraph (3): 

17 ‘‘(3) identify any covered defense business sys18 tem program for which a waiver was granted under 

19 subsection (a)(1)(B) during the preceding fiscal 

20 year, and set forth the reasons for each such waver; 

21 and’’; and 

22 (4) in paragraph (4), by striking ‘‘moderniza23 tion efforts’’ and inserting ‘‘programs’’. 

24 (g) DEFINITIONS.—Subsection (j) of such section is 

25 amended— 
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1 (1) by striking paragraphs (1) and (3); 

2 (2) by redesignating paragraphs (2), (4), (5), 

3 and (6) as paragraphs (1), (3), (4), and (5), respec4 tively; and 

5 (3) by inserting after paragraph (1), as redesig6 nated by paragraph (2) of this subsection, the fol7 lowing new paragraph (2): 

8 ‘‘(2) The term ‘covered defense business system 

9 program’ means any program as follows: 

10 ‘‘(A) A program for the acquisition or de11 velopment of a new defense business system 

12 with a total cost in excess of $1,000,000. 

13 ‘‘(B) A program for any significant modi14 fication or enhancement of an existing defense 

15 business system with a total cost in excess of 

16 $1,000,000. 

17 ‘‘(C) A program for the operation and 

18 maintenance of an existing defense business 

19 system, if the estimated cost of operation and 

20 maintenance of such system exceeds $1,000,000 

21 over the period of the current future-years de22 fense program submitted to Congress under 

23 section 221 of this title.’’. 
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1 SEC. 1003. MODIFICATION OF AUTHORITIES ON CERTIFI2 CATION AND CREDENTIAL STANDARDS FOR 

3 FINANCIAL MANAGEMENT POSITIONS IN THE 

4 DEPARTMENT OF DEFENSE. 

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

6 States Code, is amended to read as follows: 

7 ‘‘§ 1599d. Financial management positions: authority 

8 to prescribe professional certification 

9 and credential standards 

10 ‘‘(a) AUTHORITY TO PRESCRIBE PROFESSIONAL

11 CERTIFICATION AND CREDENTIAL STANDARDS.—The 

12 Secretary of Defense may prescribe professional certifi13 cation and credential standards for financial management 

14 positions within the Department of Defense, including re15 quirements for formal education and requirements for cer16 tifications that individuals have met predetermined quali17 fications set by an agency of Government or by an indus18 try or professional group. Any such professional certifi19 cation or credential standard shall be prescribed as a De20 partment regulation. 

21 ‘‘(b) WAIVER.—The Secretary may waive any stand22 ard prescribed under subsection (a) whenever the Sec23 retary determines such a waiver to be appropriate. 

24 ‘‘(c) APPLICABILITY.—(1) Except as provided in 

25 paragraph (2), the Secretary may, in the Secretary’s dis26 cretion— 
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1 ‘‘(A) require that a standard prescribed under 

2 subsection (a) apply immediately to all personnel 

3 holding financial management positions designated 

4 by the Secretary; or 

5 ‘‘(B) delay the imposition of such a standard 

6 for a reasonable period to permit persons holding fi7 nancial management positions so designated time to 

8 comply. 

9 ‘‘(2) A formal education requirement prescribed 

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

13 ‘‘(d) DISCHARGE OF AUTHORITY.—The Secretary 

14 shall prescribe any professional certification or credential 

15 standards under subsection (a) through the Under Sec16 retary of Defense (Comptroller), in consultation with the 

17 Under Secretary of Defense for Personnel and Readiness. 

18 ‘‘(e) REPORTS.—Not later than one year after the ef19 fective date of any regulations prescribed under subsection 

20 (a), or any significant modification of such regulations, 

21 the Secretary shall, in conjunction with the Director of 

22 the Office of Personnel Management, submit to Congress 

23 a report setting forth the plans of the Secretary to provide 

24 training to appropriate Department personnel to meet any 
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1 new professional certification or credential standard under 

2 such regulations or modification. 

3 ‘‘(f) FINANCIAL MANAGEMENT POSITION DE4 FINED.—In this section, the term ‘financial management 

5 position’ means a position or group of positions (including 

6 civilian and military positions), as designated by the Sec7 retary for purposes of this section, that perform, super8 vise, or manage work of a fiscal, financial management, 

9 accounting, auditing, cost or budgetary nature, or that re10 quire the performance of financial management related 

11 work.’’. 

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

13 at the beginning of chapter 81 of such title is amended 

14 by striking the item relating to section 1599d and insert15 ing the following new item: 

‘‘1599d. Financial management positions: authority to prescribe professional 

certification and credential standards.’’. 

16 SEC. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIP17 ROCAL FIRE PROTECTION AGREEMENTS. 

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

19 27, 1955 (chapter 105; 69 Stat. 67; 42 U.S.C. 1856d(b)), 

20 is amended to read as follows: 

21 ‘‘(b) Notwithstanding subsection (a), all sums re22 ceived as reimbursements for costs incurred by any De23 partment of Defense activity for fire protection rendered 

24 pursuant to this Act shall be credited to the same appro-
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1 priation or fund from which the expenses were paid or, 

2 if the period of availability for obligation for that appro3 priation has expired, to the appropriation or fund that is 

4 currently available to the activity for the same purpose. 

5 Amounts so credited shall be subject to the same provi6 sions and restrictions as the appropriation or account to 

7 which credited.’’. 

8 (b) APPLICABILITY.—The amendment made by sub9 section (a) shall apply with respect to reimbursements for 

10 expenditures of funds appropriated after the date of the 

11 enactment of this Act. 

12 SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS 

13 OF DEPARTMENT OF DEFENSE. 

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

15 Authorization Act for Fiscal Year 2010 (Public Law 111– 

16 84; 123 Stat. 2440; 10 U.S.C. 2222 note) is amended by 

17 inserting ‘‘, and that a complete and validated full state18 ment of budget resources is ready by not later than Sep19 tember 30, 2014’’ after ‘‘validated as ready for audit by 

20 not later than September 30, 2017’’. 

21 SEC. 1006. PLAN TO ENSURE AUDIT READINESS OF STATE22 MENTS OF BUDGETARY RESOURCES. 

23 (a) PLANNING REQUIREMENT.—The report to be 

24 issued pursuant to section 1003(b) of the National De25 fense Authorization Act for 2010 (Public Law 111–84; 
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1 123 Stat. 2440; 10 U.S.C. 2222 note) and provided by 

2 not later than May 15, 2012, shall include a plan, includ3 ing interim objectives and a schedule of milestones for 

4 each military department and for the defense agencies, to 

5 ensure that the statement of budgetary resources of the 

6 Department of Defense meets the goal established by the 

7 Secretary of Defense of being validated for audit by not 

8 later than September 30, 2014. Consistent with the re9 quirements of such section, the plan shall ensure that the 

10 actions to be taken are systemically tied to process and 

11 control improvements and business systems modernization 

12 efforts necessary for the Department to prepare timely, 

13 reliable, and complete financial management information 

14 on a repeatable basis. 

15 (b) SEMIANNUAL UPDATES.—The reports to be 

16 issued pursuant to such section after the report described 

17 in subsection (a) shall update the plan required by such 

18 subsection and explain how the Department has pro19 gressed toward meeting the milestones established in the 

20 plan. 
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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 SEC. 1024. REPORT ON POLICIES AND PRACTICES OF THE 

4 NAVY FOR NAMING THE VESSELS OF THE 

5 NAVY. 

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

7 after the date of the enactment of this Act, the Secretary 

8 of Defense shall submit to Congress a report on the poli9 cies and practices of the Navy for naming vessels of the 

10 Navy. 

11 (b) ELEMENTS.—The report required by subsection 

12 (a) shall set forth the following: 

13 (1) A description of the current policies and 

14 practices of the Navy for naming vessels of the 

15 Navy. 

16 (2) A description of the extent to which the 

17 policies and practices described under paragraph (1) 

18 vary from historical policies and practices of the 

19 Navy for naming vessels of the Navy, and an expla20 nation for such variances (if any). 

21 (3) An assessment of the feasibility and advis22 ability of establishing fixed policies for the naming 

23 of one or more classes of vessels of the Navy, and 

24 a statement of the policies recommended to apply to 

25 each class of vessels recommended to be covered by 
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1 such fixed policies if the establishment of such fixed 

2 policies is considered feasible and advisable. 

3 (4) Any other matters relating to the policies 

4 and practices of the Navy for naming vessels of the 

5 Navy that the Secretary of Defense considers appro6 priate. 

7 SEC. 1025. ASSESSMENT OF STATIONING OF ADDITIONAL 

8 DDG–51 CLASS DESTROYERS AT NAVAL STA9 TION MAYPORT, FLORIDA. 

10 (a) NAVY ASSESSMENT REQUIRED.— 

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

12 after the date of the enactment of this Act, the Sec13 retary of the Navy shall conduct an analysis of the 

14 costs and benefits of stationing additional DDG–51 

15 class destroyers at Naval Station Mayport, Florida. 

16 (2) ELEMENTS.—The analysis required by 

17 paragraph (1) shall include, at a minimum, the fol18 lowing: 

19 (A) Consideration of the negative effects 

20 on the ship repair industrial base at Naval Sta21 tion Mayport caused by the retirement of FFG– 

22 7 class frigates and the procurement delays of 

23 the Littoral Combat Ship, including, in par24 ticular, the increase in costs (which would be 

25 passed on to the taxpayer) of reconstituting the 
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1 ship repair industrial base at Naval Station 

2 Mayport following the projected drastic de3 crease in workload. 

4 (B) Updated consideration of life exten5 sions of FFG–7 class frigates in light of contin6 ued delays in deliveries of the Littoral Combat 

7 Ship deliveries. 

8 (C) Consideration of the possibility of 

9 bringing additional surface warships to Naval 

10 Station Mayport for maintenance with the con11 sequence of spreading the ship repair workload 

12 appropriately amongst the various public and 

13 private shipyards and ensuring the long-term 

14 health of the shipyard in Mayport. 

15 (b) COMPTROLLER GENERAL OF THE UNITED

16 STATES ASSESSMENT.—Not later than 120 days after the 

17 submittal of the report required by subsection (a), the 

18 Comptroller General of the United States shall submit to 

19 Congress an assessment by the Comptroller General of the 

20 report, including a determination whether or not the re21 port complies with applicable best practices. 

22 SEC. 1026. TRANSFER OF CERTAIN HIGH-SPEED FERRIES 

23 TO THE NAVY. 

24 (a) TRANSFER FROM MARAD AUTHORIZED.—The 

25 Secretary of the Navy may, subject to appropriations, 
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1 from funds available for the Department of Defense for 

2 fiscal year 2012, provide to the Maritime Administration 

3 of the Department of Transportation an amount not to 

4 exceed $35,000,000 for the transfer by the Maritime Ad5 ministration to the Department of the Navy of jurisdiction 

6 and control over the vessels as follows: 

7 (1) M/V HUAKAI. 

8 (2) M/V ALAKAI. 

9 (b) USE AS DEPARTMENT OF DEFENSE SEALIFT

10 VESSELS.—Each vessel transferred to the Department of 

11 the Navy under subsection (a) shall be administered as 

12 a Department of Defense sealift vessel (as such term is 

13 defined in section 2218(k)(2) of title 10, United States 

14 Code). 

15 Subtitle D—Detainee Matters 

16 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED 

17 FORCES OF THE UNITED STATES TO DETAIN 

18 COVERED PERSONS PURSUANT TO THE AU19 THORIZATION FOR USE OF MILITARY FORCE. 

20 (a) IN GENERAL.—Congress affirms that the author21 ity of the President to use all necessary and appropriate 

22 force pursuant to the Authorization for Use of Military 

23 Force (Public Law 107–40) includes the authority for the 

24 Armed Forces of the United States to detain covered per-
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1 sons (as defined in subsection (b)) pending disposition 

2 under the law of war. 

3 (b) COVERED PERSONS.—A covered person under 

4 this section is any person as follows: 

5 (1) A person who planned, authorized, com6 mitted, or aided the terrorist attacks that occurred 

7 on September 11, 2001, or harbored those respon8 sible for those attacks. 

9 (2) A person who was a part of or substantially 

10 supported al-Qaeda, the Taliban, or associated forces 

11 that are engaged in hostilities against the United 

12 States or its coalition partners, including any person 

13 who has committed a belligerent act or has directly 

14 supported such hostilities in aid of such enemy 

15 forces. 

16 (c) DISPOSITION UNDER LAW OF WAR.—The dis17 position of a person under the law of war as described 

18 in subsection (a) may include the following: 

19 (1) Detention under the law of war without 

20 trial until the end of the hostilities authorized by the 

21 Authorization for Use of Military Force. 

22 (2) Trial under chapter 47A of title 10, United 

23 States Code (as amended by the Military Commis24 sions Act of 2009 (title XVIII of Public Law 111– 

25 84)). 
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1 (3) Transfer for trial by an alternative court or 

2 competent tribunal having lawful jurisdiction. 

3 (4) Transfer to the custody or control of the 

4 person’s country of origin, any other foreign coun5 try, or any other foreign entity. 

6 (d) CONSTRUCTION.—Nothing in this section is in7 tended to limit or expand the authority of the President 

8 or the scope of the Authorization for Use of Military 

9 Force. 

10 (e) AUTHORITIES.—Nothing in this section shall be 

11 construed to affect existing law or authorities, relating to 

12 the detention of United States citizens, lawful resident 

13 aliens of the United States or any other persons who are 

14 captured or arrested in the United States. 

15 (f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.— 

16 The Secretary of Defense shall regularly brief Congress 

17 regarding the application of the authority described in this 

18 section, including the organizations, entities, and individ19 uals considered to be ‘‘covered persons’’ for purposes of 

20 subsection (b)(2). 

21 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY. 

22 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF

23 WAR.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (4), the Armed Forces of the United States 
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1 shall hold a person described in paragraph (2) who 

2 is captured in the course of hostilities authorized by 

3 the Authorization for Use of Military Force (Public 

4 Law 107–40) in military custody pending disposition 

5 under the law of war. 

6 (2) COVERED PERSONS.—The requirement in 

7 paragraph (1) shall apply to any person whose de8 tention is authorized under section 1031 who is de9 termined— 

10 (A) to be a member of, or part of, al11 Qaeda or an associated force that acts in co12 ordination with or pursuant to the direction of 

13 al-Qaeda; and 

14 (B) to have participated in the course of 

15 planning or carrying out an attack or attempted 

16 attack against the United States or its coalition 

17 partners. 

18 (3) DISPOSITION UNDER LAW OF WAR.—For 

19 purposes of this subsection, the disposition of a per20 son under the law of war has the meaning given in 

21 section 1031(c), except that no transfer otherwise 

22 described in paragraph (4) of that section shall be 

23 made unless consistent with the requirements of sec24 tion 1033. 
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1 (4) WAIVER FOR NATIONAL SECURITY.—The 

2 Secretary of Defense may, in consultation with the 

3 Secretary of State and the Director of National In4 telligence, waive the requirement of paragraph (1) if 

5 the Secretary submits to Congress a certification in 

6 writing that such a waiver is in the national security 

7 interests of the United States. 

8 (b) APPLICABILITY TO UNITED STATES CITIZENS

9 AND LAWFUL RESIDENT ALIENS.— 

10 (1) UNITED STATES CITIZENS.—The require11 ment to detain a person in military custody under 

12 this section does not extend to citizens of the United 

13 States. 

14 (2) LAWFUL RESIDENT ALIENS.—The require15 ment to detain a person in military custody under 

16 this section does not extend to a lawful resident 

17 alien of the United States on the basis of conduct 

18 taking place within the United States, except to the 

19 extent permitted by the Constitution of the United 

20 States. 

21 (c) IMPLEMENTATION PROCEDURES.— 

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

23 the date of the enactment of this Act, the President 

24 shall issue, and submit to Congress, procedures for 

25 implementing this section. 
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1 (2) ELEMENTS.—The procedures for imple2 menting this section shall include, but not be limited 

3 to, procedures as follows: 

4 (A) Procedures designating the persons au5 thorized to make determinations under sub6 section (a)(2) and the process by which such 

7 determinations are to be made. 

8 (B) Procedures providing that the require9 ment for military custody under subsection 

10 (a)(1) does not require the interruption of ongo11 ing surveillance or intelligence gathering with 

12 regard to persons not already in the custody or 

13 control of the United States. 

14 (C) Procedures providing that a determina15 tion under subsection (a)(2) is not required to 

16 be implemented until after the conclusion of an 

17 interrogation session which is ongoing at the 

18 time the determination is made and does not 

19 require the interruption of any such ongoing 

20 session. 

21 (D) Procedures providing that the require22 ment for military custody under subsection 

23 (a)(1) does not apply when intelligence, law en24 forcement, or other government officials of the 

25 United States are granted access to an indi-
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1 vidual who remains in the custody of a third 

2 country. 

3 (E) Procedures providing that a certifi4 cation of national security interests under sub5 section (a)(4) may be granted for the purpose 

6 of transferring a covered person from a third 

7 country if such a transfer is in the interest of 

8 the United States and could not otherwise be 

9 accomplished. 

10 (d) EFFECTIVE DATE.—This section shall take effect 

11 on the date that is 60 days after the date of the enactment 

12 of this Act, and shall apply with respect to persons de13 scribed in subsection (a)(2) who are taken into the custody 

14 or brought under the control of the United States on or 

15 after that effective date. 

16 SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELAT17 ING TO THE TRANSFER OF DETAINEES AT 

18 UNITED STATES NAVAL STATION, GUANTA19 NAMO BAY, CUBA, TO FOREIGN COUNTRIES 

20 AND OTHER FOREIGN ENTITIES. 

21 (a) CERTIFICATION REQUIRED PRIOR TO TRANS22 FER.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2) and subsection (d), the Secretary of De25 fense may not use any amounts authorized to be ap-
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1 propriated or otherwise available to the Department 

2 of Defense for fiscal year 2012 to transfer any indi3 vidual detained at Guantanamo to the custody or 

4 control of the individual’s country of origin, any 

5 other foreign country, or any other foreign entity 

6 unless the Secretary submits to Congress the certifi7 cation described in subsection (b) not later than 30 

8 days before the transfer of the individual. 

9 (2) EXCEPTION.—Paragraph (1) shall not 

10 apply to any action taken by the Secretary to trans11 fer any individual detained at Guantanamo to effec12 tuate— 

13 (A) an order affecting the disposition of 

14 the individual that is issued by a court or com15 petent tribunal of the United States having law16 ful jurisdiction (which the Secretary shall notify 

17 Congress of promptly after issuance); or 

18 (B) a pre-trial agreement entered in a mili19 tary commission case prior to the date of the 

20 enactment of this Act. 

21 (b) CERTIFICATION.—A certification described in this 

22 subsection is a written certification made by the Secretary 

23 of Defense, with the concurrence of the Secretary of State 

24 and in consultation with the Director of National Intel25 ligence, that the government of the foreign country or the 
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1 recognized leadership of the foreign entity to which the 

2 individual detained at Guantanamo is to be transferred— 

3 (1) is not a designated state sponsor of ter4 rorism or a designated foreign terrorist organization; 

5 (2) maintains control over each detention facil6 ity in which the individual is to be detained if the 

7 individual is to be housed in a detention facility; 

8 (3) is not, as of the date of the certification, 

9 facing a threat that is likely to substantially affect 

10 its ability to exercise control over the individual; 

11 (4) has taken or agreed to take effective actions 

12 to ensure that the individual cannot take action to 

13 threaten the United States, its citizens, or its allies 

14 in the future; 

15 (5) has taken or agreed to take such actions as 

16 the Secretary of Defense determines are necessary to 

17 ensure that the individual cannot engage or re18 engage in any terrorist activity; and 

19 (6) has agreed to share with the United States 

20 any information that— 

21 (A) is related to the individual or any asso22 ciates of the individual; and 

23 (B) could affect the security of the United 

24 States, its citizens, or its allies. 
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1 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED

2 RECIDIVISM.— 

3 (1) PROHIBITION.—Except as provided in para4 graph (2) and subsection (d), the Secretary of De5 fense may not use any amounts authorized to be ap6 propriated or otherwise made available to the De7 partment of Defense to transfer any individual de8 tained at Guantanamo to the custody or control of 

9 the individual’s country of origin, any other foreign 

10 country, or any other foreign entity if there is a con11 firmed case of any individual who was detained at 

12 United States Naval Station, Guantanamo Bay, 

13 Cuba, at any time after September 11, 2001, who 

14 was transferred to such foreign country or entity 

15 and subsequently engaged in any terrorist activity. 

16 (2) EXCEPTION.—Paragraph (1) shall not 

17 apply to any action taken by the Secretary to trans18 fer any individual detained at Guantanamo to effec19 tuate— 

20 (A) an order affecting the disposition of 

21 the individual that is issued by a court or com22 petent tribunal of the United States having law23 ful jurisdiction (which the Secretary shall notify 

24 Congress of promptly after issuance); or 
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1 (B) a pre-trial agreement entered in a mili2 tary commission case prior to the date of the 

3 enactment of this Act. 

4 (d) NATIONAL SECURITY WAIVER.— 

5 (1) IN GENERAL.—The Secretary of Defense 

6 may waive the applicability to a detainee transfer of 

7 a certification requirement specified in paragraph 

8 (4) or (5) of subsection (b) or the prohibition in sub9 section (c) if the Secretary, with the concurrence of 

10 the Secretary of State and in consultation with the 

11 Director of National Intelligence, determines that— 

12 (A) alternative actions will be taken to ad13 dress the underlying purpose of the requirement 

14 or requirements to be waived; 

15 (B) in the case of a waiver of paragraph 

16 (4) or (5) of subsection (b), it is not possible 

17 to certify that the risks addressed in the para18 graph to be waived have been completely elimi19 nated, but the actions to be taken under sub20 paragraph (A) will substantially mitigate such 

21 risks with regard to the individual to be trans22 ferred; 

23 (C) in the case of a waiver of subsection 

24 (c), the Secretary has considered any confirmed 

25 case in which an individual who was transferred 
437 

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1 to the country subsequently engaged in terrorist 

2 activity, and the actions to be taken under sub3 paragraph (A) will substantially mitigate the 

4 risk of recidivism with regard to the individual 

5 to be transferred; and 

6 (D) the transfer is in the national security 

7 interests of the United States. 

8 (2) REPORTS.—Whenever the Secretary makes 

9 a determination under paragraph (1), the Secretary 

10 shall submit to the appropriate committees of Con11 gress, not later than 30 days before the transfer of 

12 the individual concerned, the following: 

13 (A) A copy of the determination and the 

14 waiver concerned. 

15 (B) A statement of the basis for the deter16 mination, including— 

17 (i) an explanation why the transfer is 

18 in the national security interests of the 

19 United States; and 

20 (ii) in the case of a waiver of para21 graph (4) or (5) of subsection (b), an ex22 planation why it is not possible to certify 

23 that the risks addressed in the paragraph 

24 to be waived have been completely elimi25 nated. 
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1 (C) A summary of the alternative actions 

2 to be taken to address the underlying purpose 

3 of, and to mitigate the risks addressed in, the 

4 paragraph or subsection to be waived. 

5 (e) DEFINITIONS.—In this section: 

6 (1) The term ‘‘appropriate committees of Con7 gress’’ means— 

8 (A) the Committee on Armed Services, the 

9 Committee on Appropriations, and the Select 

10 Committee on Intelligence of the Senate; and 

11 (B) the Committee on Armed Services, the 

12 Committee on Appropriations, and the Perma13 nent Select Committee on Intelligence of the 

14 House of Representatives. 

15 (2) 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 (3) 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 for fiscal year 2012 may be used to construct 

20 or modify any facility in the United States, its territories, 

21 or possessions to house any individual detained at Guanta22 namo for the purposes of detention or imprisonment in 

23 the custody or under the control of the Department of De24 fense unless authorized by Congress. 
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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)(2). 

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), (b), and (c). 

12 SEC. 1035. PROCEDURES FOR PERIODIC DETENTION RE13 VIEW 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 associ-
442 

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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 DETERMINATIONS. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of Defense 

22 shall submit to the appropriate committees of Congress 

23 a report setting forth the procedures for determining the 

24 status of persons detained pursuant to the Authorization 
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1 for Use of Military Force (Public Law 107–40) for pur2 poses 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 unanimous vote of all members of a military commis11 sion concurring in the sentence of death as provided in 

12 section 949m(b)(2)(D) of this title.’’. 

13 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 

25 to the extent specifically authorized by the Sec-
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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, nec-
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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 

25 Homeland Security or of the Administrator of Gen-
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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 SECURITY INFORMA24 TION.— 
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1 (1) IN GENERAL.—The Secretary of Defense 

2 may exempt certain Department of Defense informa3 tion from disclosure under section 552 of title 5, 

4 United States Code, upon a written determination 

5 that— 

6 (A) the information is Department of De7 fense critical infrastructure security informa8 tion; and 

9 (B) the public interest in the disclosure of 

10 such information does not outweigh the Govern11 ment’s interest in withholding such information 

12 from the public. 

13 (2) INFORMATION PROVIDED TO STATE OR

14 LOCAL FIRST RESPONDERS.—Critical infrastructure 

15 security information covered by a written determina16 tion under this subsection that is provided to a State 

17 or local government to assist first responders in the 

18 event that emergency assistance should be required 

19 shall be deemed to remain under the control of the 

20 Department of Defense. 

21 (b) MILITARY FLIGHT OPERATIONS QUALITY ASSUR22 ANCE SYSTEM.—The Secretary of Defense may exempt in23 formation contained in any data file of the Military Flight 

24 Operations Quality Assurance system of a military depart25 ment from disclosure under section 552 of title 5, United 
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1 States Code, upon a written determination that the disclo2 sure of such information in the aggregate (and when com3 bined with other information already in the public domain) 

4 would reveal sensitive information regarding the tactics, 

5 techniques, procedures, processes, or operational and 

6 maintenance capabilities of military combat aircraft, units, 

7 or aircrews. Information covered by a written determina8 tion under this subsection shall be exempt from disclosure 

9 under such section 552 even when such information is con10 tained in a data file that is not exempt in its entirety from 

11 such disclosure. 

12 (c) DELEGATION.—The Secretary of Defense may 

13 delegate the authority to make a determination under sub14 section (a) or (b) to any civilian official in the Department 

15 of Defense or a military department who is appointed by 

16 the President, by and with the advice and consent of the 

17 Senate. 

18 (d) TRANSPARENCY.—Each determination of the 

19 Secretary, or the Secretary’s designee, under subsection 

20 (a) or (b) shall be made in writing and accompanied by 

21 a statement of the basis for the determination. All such 

22 determinations and statements of basis shall be available 

23 to the public, upon request, through the office of the As24 sistant Secretary of Defense for Public Affairs. 

25 (e) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘Department of Defense critical 

2 infrastructure security information’’ means sensitive 

3 but unclassified information that, if disclosed, would 

4 reveal vulnerabilities in Department of Defense crit5 ical infrastructure that, if exploited, would likely re6 sult in the significant disruption, destruction, or 

7 damage of or to Department of Defense operations, 

8 property, or facilities, including information regard9 ing the securing and safeguarding of explosives, haz10 ardous chemicals, or pipelines, related to critical in11 frastructure or protected systems owned or operated 

12 by or on behalf of the Department of Defense, in13 cluding vulnerability assessments prepared by or on 

14 behalf of the Department, explosives safety informa15 tion (including storage and handling), and other 

16 site-specific information on or relating to installation 

17 security. 

18 (2) The term ‘‘data file’’ means a file of the 

19 Military Flight Operations Quality Assurance system 

20 that contains information acquired or generated by 

21 the Military Flight Operations Quality Assurance 

22 system, including the following: 

23 (A) Any data base containing raw Military 

24 Flight Operations Quality Assurance data. 
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1 (B) Any analysis or report generated by 

2 the Military Flight Operations Quality Assur3 ance system or which is derived from Military 

4 Flight Operations Quality Assurance data. 

5 SEC. 1045. CLARIFICATION OF AIRLIFT SERVICE DEFINI6 TIONS RELATING TO THE CIVIL RESERVE AIR 

7 FLEET. 

8 (a) CLARIFICATION.—Section 41106 of title 49, 

9 United States Code, is amended— 

10 (1) by striking ‘‘transport category aircraft’’ in 

11 subsections (a)(1), (b), and (c) and inserting 

12 ‘‘CRAF-eligible aircraft’’; and 

13 (2) in subsection (c), by striking ‘‘that has air14 craft in the civil reserve air fleet’’ and inserting ‘‘re15 ferred to in subsection (a)’’. 

16 (b) CRAF-ELIGIBLE AIRCRAFT DEFINED.—Such 

17 section is further amended by adding at the end the fol18 lowing new subsection: 

19 ‘‘(e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this 

20 section, the term ‘CRAF-eligible aircraft’ means aircraft 

21 of a type the Secretary of Defense has determined to be 

22 eligible to participate in the Civil Reserve Air Fleet.’’. 
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1 SEC. 1046. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EM2 PLOYEES OF THE DEPARTMENT OF DEFENSE 

3 AS ADVISORS TO FOREIGN MINISTRIES OF 

4 DEFENSE AND INTERNATIONAL PEACE AND 

5 SECURITY ORGANIZATIONS. 

6 (a) AUTHORITY.—The Secretary of Defense may, 

7 with the concurrence of the Secretary of State, carry out 

8 a program to assign civilian employees of the Department 

9 of Defense as advisors to the ministries of defense (or se10 curity agencies serving a similar defense function) of for11 eign countries and international peace and security organi12 zations in order to— 

13 (1) provide institutional, ministerial-level advice, 

14 and other training to personnel of the ministry or 

15 organization to which assigned in support of sta16 bilization or post-conflict activities; or 

17 (2) assist such ministry or organization in 

18 building core institutional capacity, competencies, 

19 and capabilities to manage defense-related processes. 

20 (b) TERMINATION OF AUTHORITY.— 

21 (1) IN GENERAL.—The authority of the Sec22 retary of Defense to assign civilian employees under 

23 the program under subsection (a) terminates at the 

24 close of September 30, 2014. 

25 (2) CONTINUATION OF ASSIGNMENTS.—Any as26 signment of a civilian employee under subsection (a) 
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1 before the date specified in paragraph (1) may con2 tinue after that date, but only using funds available 

3 for fiscal year 2012, 2013, or 2014. 

4 (c) ANNUAL REPORT.—Not later than December 30 

5 each year through 2014, the Secretary of Defense shall 

6 submit to the Committee on Armed Services of the Senate 

7 and the Committee on Armed Services of the House of 

8 Representatives a report on activities under the program 

9 under subsection (a) during the preceding fiscal year. 

10 Each report shall include, for the fiscal year covered by 

11 such report, the following: 

12 (1) A list of the defense ministries and inter13 national peace and security organizations to which 

14 civilian employees were assigned under the program. 

15 (2) A statement of the number of such employ16 ees so assigned. 

17 (3) A statement of the duration of the various 

18 assignments of such employees. 

19 (4) A brief description of the activities carried 

20 out such by such employees pursuant to such assign21 ments. 

22 (5) A statement of the cost of each such assign23 ment. 

24 (d) COMPTROLLER GENERAL REPORT.—Not later 

25 than December 30, 2013, the Comptroller General of the 
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1 United States shall submit to the committees of Congress 

2 specified in subsection (c) a report setting forth an assess3 ment of the effectiveness of the advisory services provided 

4 by civilian employees assigned under the program under 

5 subsection (a) as of the date of the report in meeting the 

6 purposes of the program. 

7 SEC. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS 

8 REQUIRED WITH RESPECT TO CERTAIN PRO9 POSALS TO REDUCE THE NUCLEAR WEAPONS 

10 STOCKPILE OF THE UNITED STATES. 

11 (a) IN GENERAL.—If, on or after the date of the en12 actment of this Act, the President makes a proposal de13 scribed in subsection (b), the President shall— 

14 (1) conduct a net assessment of the current and 

15 proposed nuclear forces of the United States and of 

16 other countries that possess nuclear weapons to de17 termine whether the nuclear forces of the United 

18 States are anticipated to be capable of meeting the 

19 objectives of the United States with respect to nu20 clear deterrence, extended deterrence, assurance of 

21 allies, and defense; and 

22 (2) as soon as practicable after the date on 

23 which the President makes such a proposal, submit 

24 that assessment to the congressional defense com25 mittees. 
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1 (b) PROPOSAL DESCRIBED.— 

2 (1) IN GENERAL.—A proposal described in this 

3 subsection is a proposal— 

4 (A) to reduce the number of deployed nu5 clear weapons of the United States to a level 

6 that is lower than the level described in the 

7 Treaty between the United States of America 

8 and the Russian Federation on Measures for 

9 the Further Reduction and Limitation of Stra10 tegic Offensive Arms, signed at Prague April 8, 

11 2010; or 

12 (B) except as provided in paragraph (2), to 

13 reduce, in a calendar year before 2022, the 

14 number of non-deployed nuclear weapons held 

15 by the United States as a hedge. 

16 (2) EXCEPTION FOR ROUTINE STOCKPILE

17 STEWARDSHIP ACTIVITIES.—The requirement to 

18 conduct the net assessment under subsection (a) 

19 does not apply with respect to a proposal described 

20 in paragraph (1)(B) to reduce the number of non21 deployed nuclear weapons held by the United States 

22 if that reduction is associated with routine stockpile 

23 stewardship activities. 

24 (3) HEDGE DEFINED.—For purposes of para25 graph (1)(B), the term ‘‘hedge’’ means the retention 
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1 of non-deployed nuclear weapons in both the active 

2 and inactive nuclear weapons stockpiles to respond 

3 to a technical failure in the stockpile or a change in 

4 the geopolitical environment. 

5 SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION AND RE6 PORT ON THE TROOPS-TO-TEACHERS PRO7 GRAM. 

8 (a) FISCAL YEAR 2012 ADMINISTRATION.—Notwith9 standing section 2302(c) of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 6672(c)), the 

11 Secretary of Defense may administer the Troops-to12 Teachers Program during fiscal year 2012. Amounts au13 thorized to be appropriated for the Department of Defense 

14 by this Act shall be available to the Secretary of Defense 

15 for that purpose. 

16 (b) REPORT.—Not later than April 1, 2012, the Sec17 retary of Defense and the Secretary of Education shall 

18 jointly submit to the appropriate committees of Congress 

19 a report on the Troops-to-Teachers Program. The report 

20 shall include the following: 

21 (1) A summary of the funding of the Troops22 to-Teachers Program since its inception and pro23 jected funding of the program during the period cov24 ered by the future-years defense program submitted 

25 to Congress during 2011. 
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1 (2) The number of past participants in the 

2 Troops-to-Teachers Program by year, the number of 

3 past participants who have fulfilled, and have not 

4 fulfilled, their service obligation under the program, 

5 and the number of waivers of such obligations (and 

6 the reasons for such waivers). 

7 (3) A discussion and assessment of the current 

8 and anticipated effects of recent economic cir9 cumstances in the United States, and cuts nation10 wide in State and local budgets, on the ability of 

11 participants in the Troops-to-Teachers Program to 

12 obtain teaching positions. 

13 (4) A discussion of the youth education goals in 

14 the Troops-to-Teachers Program and the record of 

15 the program to date in producing teachers in high16 need and other eligible schools. 

17 (5) An assessment of the extent to which the 

18 Troops-to-Teachers Program achieves its purpose as 

19 a military transition assistance program and, in par20 ticular, as transition assistance program for mem21 bers of the Armed Forces who are nearing retire22 ment or who are voluntarily or involuntarily sepa23 rating from military service. 

24 (6) An assessment of the performance of the 

25 Troops-to-Teachers Program in providing qualified 
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1 teachers to high-need public schools, and reasons for 

2 expanding the program to additional school districts. 

3 (7) A discussion and assessment of the advis4 ability of the administration of the Troops-to-Teach5 ers Program by the Department of Education in 

6 consultation with the Department of Defense. 

7 (c) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committees on Armed Services 

12 and Health, Education, Labor, and Pensions of 

13 the Senate; and 

14 (B) the Committees on Armed Services 

15 and Education and Labor of the House of Rep16 resentatives. 

17 (2) TROOPS-TO-TEACHERS PROGRAM.—The 

18 term ‘‘Troops-to-Teachers Program’’ means the 

19 Troops-to-Teachers Program authorized by chapter 

20 A of subpart 1 of part C of title II of the Elemen21 tary and Secondary Education Act of 1965 (20 

22 U.S.C. 6671 et seq.). 
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1 SEC. 1049. EXPANSION OF OPERATION HERO MILES. 

2 (a) EXPANDED DEFINITION OF TRAVEL BENEFIT.— 

3 Subsection (b) of section 2613 of title 10, United States 

4 Code, is amended to read as follows: 

5 ‘‘(b) TRAVEL BENEFIT DEFINED.—In this section, 

6 the term ‘travel benefit’ means— 

7 ‘‘(1) frequent traveler miles, credits for tickets, 

8 or tickets for air or surface transportation issued by 

9 an air carrier or a surface carrier, respectively, that 

10 serves the public; and 

11 ‘‘(2) points or awards for free or reduced-cost 

12 accommodations issued by an inn, hotel, or other 

13 commercial establishment that provides lodging to 

14 transient guests.’’. 

15 (b) CONDITION ON AUTHORITY TO ACCEPT DONA16 TION.—Subsection (c) of such section is amended— 

17 (1) by striking ‘‘the air or surface carrier’’ and 

18 inserting ‘‘the business entity referred to in sub19 section (b)’’; 

20 (2) by striking ‘‘the surface carrier’’ and insert21 ing ‘‘the business entity’’; and 

22 (3) by striking ‘‘the carrier’’ and inserting ‘‘the 

23 business entity’’. 

24 (c) ADMINISTRATION.—Subsection (e)(3) of such sec25 tion is amended by striking ‘‘the air carrier or surface car-
469 

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1 rier’’ and inserting ‘‘the business entity referred to in sub2 section (b)’’. 

3 (d) STYLISTIC AMENDMENTS.— 

4 (1) SECTION HEADING.—The heading of such 

5 section is amended to read as follows: 

6 ‘‘§ 2613. Acceptance of frequent traveler miles, cred7 its, points, and tickets: use to facilitate 

8 rest and recuperation travel of deployed 

9 members and their families’’. 

10 (2) TABLE OF SECTIONS.—The table of sections 

11 at the beginning of chapter 155 of such title is 

12 amended by striking the item relating to section 

13 2613 and inserting the following new item: 

‘‘2613. Acceptance of frequent traveler miles, credits, points, and tickets: use 

to facilitate rest and recuperation travel of deployed members 

and their families.’’. 

14 Subtitle F—Repeal and Modifica15 tion of Reporting Requirements 

16 PART I—REPEAL OF REPORTING REQUIREMENTS 

17 SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER 

18 TITLE 10, UNITED STATES CODE. 

19 Title 10, United States Code, is amended as follows: 

20 (1) Section 127a(a) is amended— 

21 (A) by striking paragraph (3); and 

22 (B) by redesignating paragraph (4) as 

23 paragraph (3). 
470 

†S 1867 ES

1 (2) Section 184 is amended by striking sub2 section (h). 

3 (3)(A) Section 427 is repealed. 

4 (B) The table of sections at the beginning of 

5 subchapter I of chapter 21 is amended by striking 

6 the item relating to section 427. 

7 (4) Section 437 is amended by striking sub8 section (c). 

9 (5)(A) Section 483 is repealed. 

10 (B) The table of sections at the beginning of 

11 chapter 23 is amended by striking the item relating 

12 to section 483. 

13 (6)(A) Section 484 is repealed. 

14 (B) The table of sections at the beginning of 

15 chapter 23 is amended by striking the item relating 

16 to section 484. 

17 (7)(A) Section 485 is repealed. 

18 (B) The table of sections at the beginning of 

19 chapter 23 is amended by striking the item relating 

20 to section 485. 

21 (8)(A) Section 486 is repealed. 

22 (B) The table of sections at the beginning of 

23 chapter 23 is amended by striking the item relating 

24 to section 486. 

25 (9)(A) Section 487 is repealed. 
471 

†S 1867 ES

1 (B) The table of sections at the beginning of 

2 chapter 23 is amended by striking the item relating 

3 to section 487. 

4 (10) Section 983(e)(1) is amended— 

5 (A) by striking the comma after ‘‘Sec6 retary of Education’’ and inserting ‘‘and’’; and 

7 (B) by striking ‘‘, and to Congress’’. 

8 (11) Section 1781b is amended by striking sub9 section (d). 

10 (12) Section 2010 is amended— 

11 (A) by striking subsection (b); and 

12 (B) by redesignating subsections (c), (d), 

13 and (e) as subsections (b), (c), and (d), respec14 tively. 

15 (13) Section 2244a(c) is amended by striking 

16 the second sentence. 

17 (14)(A) Section 2282 is repealed. 

18 (B) The table of sections at the beginning of 

19 chapter 136 is amended by striking the item relating 

20 to section 2282. 

21 (15) Section 2350a(g) is amended by striking 

22 paragraph (3). 

23 (16) Section 2410m is amended by striking 

24 subsection (c). 

25 (17) Section 2485(a) is amended— 
472 

†S 1867 ES

1 (A) by striking ‘‘(1)’’; and 

2 (B) by striking paragraph (2). 

3 (18) Section 2493 is amended by striking sub4 section (g). 

5 (19) Section 2515 is amended by striking sub6 section (d). 

7 (20)(A) Section 2582 is repealed. 

8 (B) the table of sections at the beginning of 

9 chapter 153 is amended by striking the item relating 

10 to section 2582. 

11 (21) Section 2583 is amended— 

12 (A) by striking subsection (f); and 

13 (B) by redesignating subsection (g) as sub14 section (f). 

15 (22) Section 2688 is amended— 

16 (A) in subsection (a)— 

17 (i) by striking ‘‘(1)’’ before ‘‘The Sec18 retary of a military department’’; and 

19 (ii) by striking paragraphs (2) and 

20 (3); 

21 (B) in subsection (d)(2), by striking the 

22 second sentence; 

23 (C) by striking subsection (f); and 

24 (D) in subsection (h), by striking the last 

25 sentence. 
473 

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1 (23)(A) Section 2706 is repealed. 

2 (B) The table of sections at the beginning of 

3 chapter 160 is amended by striking the item relating 

4 to section 2706. 

5 (24)(A) Section 2815 is repealed. 

6 (B) The table of sections at the beginning of 

7 subchapter I of chapter 169 is amended by striking 

8 the item relating to section 2815. 

9 (25) Section 2825(c)(1) is amended— 

10 (A) by inserting ‘‘and’’ at the end of sub11 paragraph (A); 

12 (B) by striking the semicolon at the end of 

13 subparagraph (B) and inserting a period; and 

14 (C) by striking subparagraphs (C) and 

15 (D). 

16 (26) Section 2826 is amended— 

17 (A) by striking ‘‘(a) LOCAL COM18 PARABILITY.—’’; and 

19 (B) by striking subsection (b). 

20 (27) Section 2827 is amended— 

21 (A) by striking ‘‘(a) Subject to subsection 

22 (b), the Secretary’’ and inserting ‘‘The Sec23 retary’’; and 

24 (B) by striking subsection (b). 

25 (28) Section 2836 is amended— 
474 

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1 (A) in subsection (b)— 

2 (i) by striking ‘‘(1)’’ before ‘‘The Sec3 retary of a military department’’; and 

4 (ii) by striking paragraph (2); 

5 (B) by striking subsection (f); and 

6 (C) by redesignating subsection (g) as sub7 section (f). 

8 (29) Section 2837(c) is amended— 

9 (A) by striking ‘‘(1)’’ after ‘‘OPPORTUNI10 TIES.—’’; and 

11 (B) by striking paragraph (2). 

12 (30) Section 2854a is amended by striking sub13 section (c). 

14 (31) Section 2861 is amended by striking sub15 section (d). 

16 (32)(A) Section 7296 is repealed. 

17 (B) The table of sections at the beginning of 

18 chapter 633 is amended by striking the item relating 

19 to section 7296. 

20 (33)(A) Section 10504 is repealed. 

21 (B) The table of sections at the beginning of 

22 chapter 1011 is amended by striking the item relat23 ing to section 10504. 

24 (34) Section 12302(b) is amended by striking 

25 the last sentence. 
475 

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1 (35)(A) Section 16137 is repealed. 

2 (B) The table of sections at the beginning of 

3 chapter 1606 is amended by striking the item relat4 ing to section 16137. 

5 SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER 

6 ANNUAL DEFENSE AUTHORIZATION ACTS. 

7 (a) FISCAL YEAR 2010.—The National Defense Au8 thorization Act for Fiscal Year 2010 (Public Law 111– 

9 84) is amended as follows: 

10 (1) Section 219 (123 Stat. 2228) is amended 

11 by striking subsection (c). 

12 (2) Section 1113(e)(1) (123 Stat. 2502) is 

13 amended by striking ‘‘, which information shall be’’ 

14 and all that follows through ‘‘semiannual basis’’. 

15 (3) Section 1245 (123 Stat. 2542) is repealed. 

16 (b) FISCAL YEAR 2009.—Section 1504 of The Dun17 can Hunter National Defense Authorization Act for Fiscal 

18 Year 2009 (10 U.S.C. 2358 note) is amended by striking 

19 subsection (c). 

20 (c) FISCAL YEAR 2008.—The National Defense Au21 thorization Act for Fiscal Year 2008 (Public Law 110– 

22 181) is amended as follows: 

23 (1) Section 885 (10 U.S.C. 2304 note) is 

24 amended— 
476 

†S 1867 ES

1 (A) in subsection (a), by striking the last 

2 sentence of paragraph (2); and 

3 (B) in subsection (b), by striking ‘‘the date 

4 of the enactment of this Act’’ both places it ap5 pears and inserting ‘‘January 28, 2008’’. 

6 (2) Section 2864 (10 U.S.C. 2911 note) is re7 pealed. 

8 (d) FISCAL YEAR 2007.—The John Warner National 

9 Defense Authorization Act for Fiscal Year 2007 (Public 

10 Law 109–364) is amended as follows: 

11 (1) Section 347 (10 U.S.C. 221 note) is re12 pealed. 

13 (2) Section 731 (10 U.S.C. 1095c note) is 

14 amended— 

15 (A) by striking subsection (d); and 

16 (B) by redesignating subsection (e) as sub17 section (d). 

18 (3) Section 732 (10 U.S.C. 1073 note) is 

19 amended by striking subsection (d). 

20 (4) Section 1231 (22 U.S.C. 2776a) is repealed. 

21 (5) Section 1402 (10 U.S.C. 113 note) is re22 pealed. 

23 (e) FISCAL YEAR 2006.—Section 716 of the National 

24 Defense Authorization Act for Fiscal Year 2006 (10 

25 U.S.C. 1073 note) is amended— 
477 

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1 (1) by striking subsection (b); and 

2 (2) by redesignating subsection (c) as sub3 section (b). 

4 (f) FISCAL YEAR 2005.—The Ronald W. Reagan Na5 tional Defense Authorization Act for Fiscal Year 2005 

6 (Public Law 108–375) is amended as follows: 

7 (1) Section 731 (10 U.S.C. 1074 note) is 

8 amended by striking subsection (c). 

9 (2) Section 1041 (10 U.S.C. 229 note) is re10 pealed. 

11 (g) FISCAL YEAR 2004.—The National Defense Au12 thorization Act for Fiscal Year 2004 (Public Law 108– 

13 136) is amended as follows: 

14 (1) Section 586 (117 Stat. 1493) is repealed. 

15 (2) Section 812 (117 Stat. 1542) is amended 

16 by striking subsection (c). 

17 (3) Section 1601(d) (10 U.S.C. 2358 note) is 

18 amended— 

19 (A) by striking paragraph (5); and 

20 (B) by redesignating paragraphs (6) and 

21 (7) as paragraphs (5) and (6), respectively. 

22 (h) FISCAL YEAR 2003.—Section 221 of the Bob 

23 Stump National Defense Authorization Act for Fiscal 

24 Year 2003 (10 U.S.C. 2431 note) is repealed. 
478 

†S 1867 ES

1 (i) FISCAL YEAR 2002.—Section 232 of the National 

2 Defense Authorization Act for Fiscal Year 2002 (10 

3 U.S.C. 2431 note) is amended by striking subsections (c) 

4 and (d). 

5 (j) FISCAL YEAR 2001.—The Floyd D. Spence Na6 tional Defense Authorization Act for Fiscal Year 2001 (as 

7 enacted into law by Public Law 106–398) is amended as 

8 follows: 

9 (1) Section 374 (10 U.S.C. 2851 note) is re10 pealed. 

11 (2) Section 1212 (114 Stat. 1654A–326) is 

12 amended by striking subsections (c) and (d). 

13 (3) Section 1213 (114 Stat. 1654A–327) is re14 pealed. 

15 (k) FISCAL YEAR 2000.—The National Defense Au16 thorization Act for Fiscal Year 2000 (Public Law 106– 

17 65) is amended as follows: 

18 (1) Section 723 (10 U.S.C. 1071 note) is 

19 amended— 

20 (A) in subsection (d)— 

21 (i) by striking paragraph (5); and 

22 (ii) by redesignating paragraphs (6) 

23 and (7) as paragraphs (5) and (6), respec24 tively; and 

25 (B) by striking subsection (e). 
479 

†S 1867 ES

1 (2) Section 1025 (10 U.S.C. 113 note) is re2 pealed. 

3 (3) Section 1035 (113 Stat. 753), as amended 

4 by section 1211 of the Floyd D. Spence National 

5 Defense Authorization Act for Fiscal Year 2001 (as 

6 enacted into law by Public Law 106–398; 114 Stat. 

7 1654A–325), is repealed. 

8 (l) FISCAL YEAR 1999.—Section 1101 of the Strom 

9 Thurmond National Defense Authorization Act for Fiscal 

10 Year 1999 (5 U.S.C. 3104 note) is amended by striking 

11 subsection (g). 

12 (m) FISCAL YEAR 1998.—The National Defense Au13 thorization Act for Fiscal Year 1998 (Public Law 105– 

14 85) is amended as follows: 

15 (1) Section 234 (50 U.S.C. 2367) is repealed. 

16 (2) Section 349 (10 U.S.C. 2702 note) is 

17 amended by striking subsection (e). 

18 (3) Section 743 (111 Stat. 1817) is amended 

19 by striking subsection (f). 

20 (n) FISCAL YEAR 1997.—Section 218 of the National 

21 Defense Authorization Act for Fiscal Year 1997 (Public 

22 Law 104–201; 110 Stat. 2455) is repealed. 

23 (o) FISCAL YEARS 1992 AND 1993.—Section 2868 

24 of the National Defense Authorization Act for Fiscal 

25 Years 1992 and 1993 (10 U.S.C. 2802 note) is repealed. 
480 

†S 1867 ES

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). 
481 

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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 
482 

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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 re-
483 

†S 1867 ES

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)’’; 
484 

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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 
485 

†S 1867 ES

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.’’. 
486 

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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’’. 
487 

†S 1867 ES

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’’. 
488 

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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 
489 

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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 
490 

†S 1867 ES

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). 
491 

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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. 1973ff– 

13 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’’. 
492 

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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 

24 by the President on progress being made on organi25 zational changes already underway and on an imple-
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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 Secu-
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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 

25 workforce, corporate and university partner-
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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. 

24 (2) CONSIDERATIONS.—In conducting the re25 view required for purposes of the report under para-
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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, in 

19 consultation with the Chairmen and Ranking Mem20 bers of the Committees on Armed Services of the 

21 Senate and the House of Representatives, shall com22 mission an independent assessment of America’s se23 curity interests in East Asia and the Pacific region. 

24 The assessment shall be conducted by an inde25 pendent, non-governmental institute which is de-
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1 scribed in section 501(c)(3) of the Internal Revenue 

2 Code of 1986 and exempt from tax under section 

3 501(a) of such Code, and has recognized credentials 

4 and expertise in national security and military af5 fairs with ready access to policy experts throughout 

6 the country and from the region. 

7 (2) ELEMENTS.—The assessment conducted 

8 pursuant to paragraph (1) shall include the fol9 lowing elements: 

10 (A) A review of current and emerging 

11 United States national security interests in the 

12 East Asia and Pacific region. 

13 (B) A review of current United States mili14 tary force posture and deployment plans, with 

15 an emphasis on the current plans for United 

16 States force realignments in Okinawa and 

17 Guam. 

18 (C) Options for the realignment of United 

19 States forces in the region to respond to new 

20 opportunities presented by allies and partners. 

21 (D) The views of noted policy leaders and 

22 regional experts, including military commanders 

23 in the region. 

24 (b) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the designated private entity 
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1 shall provide an unclassified report, with a classified 

2 annex, containing its findings to the Secretary of Defense. 

3 Not later than 90 days after the date of receipt of the 

4 report, the Secretary of Defense shall transmit the report 

5 to the congressional defense committees, together with 

6 such comments on the report as the Secretary considers 

7 appropriate. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

9 amounts authorized to be appropriated under section 301 

10 for operation and maintenance for Defense-wide activities, 

11 up to $1,000,000, shall be made available for the comple12 tion of the study required under this section. 

13 SEC. 1080. REPORT ON STATUS OF IMPLEMENTATION OF 

14 ACCEPTED RECOMMENDATIONS IN THE 

15 FINAL REPORT OF THE 2010 ARMY ACQUISI16 TION REVIEW PANEL. 

17 Not later than 1 October 2012, the Secretary of the 

18 Army shall submit to the congressional defense commit19 tees a report describing the plan and implementation sta20 tus of the recommendations contained in the Final Report 

21 of the 2010 Army Acquisition Review panel (also known 

22 as the ‘‘Decker-Wagner Report’’) that the Army agreed 

23 to implement. 
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1 SEC. 1080A. REPORT ON FEASIBILITY OF USING UNMANNED 

2 AERIAL SYSTEMS TO PERFORM AIRBORNE IN3 SPECTION OF NAVIGATIONAL AIDS IN FOR4 EIGN AIRSPACE. 

5 Not later than 90 days after the date of the enact6 ment of this Act, the Secretary of the Air Force shall sub7 mit to the congressional defense committees a report on 

8 the feasibility of using unmanned aerial systems to per9 form airborne flight inspection of electronic signals-in10 space from ground-based navigational aids that support 

11 aircraft departure, en route, and arrival flight procedures 

12 in foreign airspace in support of United States military 

13 operations. 

14 SEC. 1080B. COMPTROLLER GENERAL REVIEW OF MEDICAL 

15 RESEARCH AND DEVELOPMENT RELATING 

16 TO IMPROVED COMBAT CASUALTY CARE. 

17 (a) STUDY REQUIRED.—The Comptroller General of 

18 the United States shall conduct a review of Department 

19 of Defense programs and organizations related to, and 

20 resourcing of, medical research and development in sup21 port of improved combat casualty care designed to save 

22 lives on the battlefield. 

23 (b) REPORT.—Not later than January 1, 2013, the 

24 Comptroller General shall submit to the congressional de25 fense committees a report on the review conducted under 

26 subsection (a), including the following elements: 
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1 (1) A description of current medical combat 

2 casualty care research and development programs 

3 throughout the Department of Defense, including 

4 basic and applied medical research, technology devel5 opment, and clinical research. 

6 (2) An identification of organizational elements 

7 within the Department that have responsibility for 

8 planning and oversight of combat casualty care re9 search and development. 

10 (3) A description of the means by which the 

11 Department applies combat casualty care research 

12 findings, including development of new medical de13 vices, to improve battlefield care. 

14 (4) An assessment of the adequacy of the co15 ordination by the Department of planning for com16 bat casualty care medical research and development 

17 and whether or not the Department has a coordi18 nated combat casualty care research and develop19 ment strategy. 

20 (5) An assessment of the adequacy of resources 

21 provided for combat casualty care research and de22 velopment across the Department. 

23 (6) An assessment of the programmatic, organi24 zational, and resource challenges and gaps faced by 

25 the Department in optimizing investments in combat 
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1 casualty care medical research and development in 

2 order to save lives on the battlefield. 

3 (7) The extent to which the Department utilizes 

4 expertise from experts and entities outside the De5 partment with expertise in combat casualty care 

6 medical research and development. 

7 (8) An assessment of the challenges faced in 

8 rapidly applying research findings and technology 

9 developments to improved battlefield care. 

10 (9) Recommendations regarding— 

11 (A) the need for a coordinated combat cas12 ualty care medical research and development 

13 strategy; 

14 (B) organizational obstacles or realign15 ments to improve effectiveness of combat cas16 ualty care medical research and development; 

17 and 

18 (C) adequacy of resource support. 

19 SEC. 1080C. REPORTS TO CONGRESS ON THE MODIFICA20 TION OF THE FORCE STRUCTURE FOR THE 

21 STRATEGIC NUCLEAR WEAPONS DELIVERY 

22 SYSTEMS OF THE UNITED STATES. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 
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1 (1) Since the early 1960s, the United States 

2 has developed and maintained a triad of strategic 

3 nuclear weapons delivery systems. 

4 (2) The triad includes sea-based, land-based, 

5 and air-based strategic nuclear weapons delivery sys6 tems. 

7 (b) REPORT ON MODIFICATION.—Whenever after the 

8 date of the enactment of this Act the President proposes 

9 a modification of the force structure for the strategic nu10 clear weapons delivery systems of the United States, the 

11 President shall submit to Congress a report on the modi12 fication. The report shall include a description of the man13 ner in which such modification will maintain for the 

14 United States a range of strategic nuclear weapons deliv15 ery systems appropriate for the current and anticipated 

16 threats faced by the United States when compared with 

17 the current force structure of strategic nuclear weapons 

18 delivery systems. 

19 SEC. 1080D. COMPTROLLER GENERAL OF THE UNITED 

20 STATES REPORTS ON THE MAJOR AUTO21 MATED INFORMATION SYSTEM PROGRAMS 

22 OF THE DEPARTMENT OF DEFENSE. 

23 (a) ASSESSMENT REPORTS REQUIRED.— 

24 (1) IN GENERAL.—Not later than March 30 of 

25 each year from 2013 through 2018, the Comptroller 
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1 General of the United States shall submit to the ap2 propriate committees of Congress a report setting 

3 forth an assessment of the performance of the major 

4 automated information system programs of the De5 partment of Defense. 

6 (2) ELEMENTS.—Each report under subsection 

7 (a) shall include the following: 

8 (A) An assessment by the Comptroller 

9 General of the cost, schedule, and performance 

10 of a representative variety of major automated 

11 information system programs selected by the 

12 Comptroller General for purposes of such re13 port. 

14 (B) An assessment by the Comptroller 

15 General of the level of risk associated with the 

16 programs selected under subparagraph (A) for 

17 purposes of such report, and a description of 

18 the actions taken by the Department to manage 

19 or reduce such risk. 

20 (C) An assessment by the Comptroller 

21 General of the extent to which the programs se22 lected under subparagraph (A) for purposes of 

23 such report employ best practices for the acqui24 sition of information technology systems, as 
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1 identified by the Comptroller General, the De2 fense Science Board, and the Department. 

3 (b) PRELIMINARY REPORT.— 

4 (1) IN GENERAL.—Not later than September 

5 30, 2012, the Comptroller General shall submit to 

6 the appropriate committees of Congress a report set7 ting forth the following: 

8 (A) The metrics to be used by the Comp9 troller General for the reports submitted under 

10 subsection (a). 

11 (B) A preliminary assessment on the mat12 ters set forth under subsection (a)(2). 

13 (2) BRIEFINGS.—In developing metrics for pur14 poses of the report required by paragraph (1)(A), 

15 the Comptroller General shall provide the appro16 priate committees of Congress with periodic brief17 ings on the development of such metrics. 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘appropriate committees of Con20 gress’’ means— 

21 (A) the Committee on Armed Services, the 

22 Committee on Homeland Security and Govern23 mental Affairs, and the Committee on Appro24 priations of the Senate; and 
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1 (B) the Committee on Armed Services, the 

2 Committee on Oversight and Government Re3 form, and the Committee on Appropriations of 

4 the House of Representatives. 

5 (2) The term ‘‘major automated information 

6 system program’’ has the meaning given that term 

7 in section 2445a of title 10, United States Code. 

8 SEC. 1080E. COMPTROLLER GENERAL REPORT ON DEPART9 MENT OF DEFENSE SCIENCE AND TECH10 NOLOGY PROGRAMS. 

11 (a) STUDY.—The Comptroller General of the United 

12 States shall conduct a study on unnecessary redundancies, 

13 inefficiencies, and gaps in Department of Defense 6.1–6.3 

14 Science and Technology (S&T) programs. The study 

15 shall— 

16 (1) focus on S&T programs within the Army, 

17 Navy, and Air Force, as well as programs run by the 

18 Office of the Secretary of Defense; 

19 (2) describe options for consolidation and cost20 savings, if any; 

21 (3) assess how the military departments and 

22 the Office of the Secretary of Defense are aligning 

23 their programs with the seven S&T strategic invest24 ment priorities identified by the Assistant Secretary 

25 of Defense for Research and Engineering: Data to 
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1 Decisions, Engineered Resilient Systems, Cyber 

2 Science and Technology, Electronic Warfare/Elec3 tronic Protection, Counter Weapons of Mass De4 struction, Autonomy, and Human Systems; and 

5 (4) assess how the military departments and 

6 the Office of the Secretary of Defense are coordi7 nating efforts with respect to duplicative programs, 

8 if any. 

9 (b) REPORT.—Not later than January 1, 2013, the 

10 Comptroller General shall submit to the congressional de11 fense committees a report on the findings of the study con12 ducted under subsection (a). 

13 SEC. 1080F. COMPTROLLER GENERAL REPORT ON 

14 SCIENCE, TECHNOLOGY, ENGINEERING, AND 

15 MATH (STEM) INITIATIVES. 

16 (a) STUDY.—The Comptroller General of the United 

17 States shall conduct a study assessing Science, Tech18 nology, Engineering, and Math (STEM) initiatives of the 

19 Department of Defense. The study shall— 

20 (1) determine which programs are ineffective, 

21 and which are unnecessarily redundant within the 

22 Department of Defense; 

23 (2) describe options for consolidation and elimi24 nation of programs identified under paragraph (1); 

25 and 
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1 (3) describe options for how the Department 

2 and other Federal departments and agencies can 

3 work together on similar initiatives without unneces4 sary duplication of funding. 

5 (b) REPORT.—Not later than January 1, 2013, the 

6 Comptroller General shall submit to the congressional de7 fense committees a report on the findings of the study con8 ducted under subsection (a). 

9 SEC. 1080G. REPORT ON DEFENSE DEPARTMENT ANALYTIC 

10 CAPABILITIES REGARDING FOREIGN BAL11 LISTIC MISSILE THREATS. 

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

13 after the date of enactment of this Act, the Secretary of 

14 Defense shall submit to the congressional defense commit15 tees a report on the analytic capabilities of the Depart16 ment of Defense regarding threats from foreign ballistic 

17 missiles of all ranges. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall include the following: 

20 (1) A description of the current capabilities of 

21 the Department of Defense to analyze threats from 

22 foreign ballistic missiles of all ranges, including the 

23 degree of coordination among the relevant analytic 

24 elements of the Department. 
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1 (2) A description of any current or foreseeable 

2 gaps in the analytic capabilities of the Department 

3 regarding threats from foreign ballistic missiles of 

4 all ranges. 

5 (3) A plan to address any gaps identified pur6 suant to paragraph (2) during the 5-year period be7 ginning on the date of the report. 

8 (c) FORM.—The report required by subsection (a) 

9 shall be submitted in unclassified form, but may include 

10 a classified annex. 

11 SEC. 1080H. REPORT ON APPROVAL AND IMPLEMENTATION 

12 OF AIR SEA BATTLE CONCEPT. 

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

14 after the date of the enactment of this Act, the Secretary 

15 of Defense shall submit to Congress a report on the ap16 proved Air Sea Battle Concept, as required by the 2010 

17 Quadrennial Defense Review Report, and a plan for the 

18 implementation of the concept. 

19 (b) ELEMENTS.—The report required by subsection 

20 (a) shall include, at a minimum, the following: 

21 (1) The approved Air Sea Battle Concept. 

22 (2) An identification and assessment of risks 

23 related to gaps between Air Sea Battle Concept re24 quirements and the current force structure and ca25 pabilities of the Department of Defense. 
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1 (3) The plan and assessment of the Department 

2 on the risks to implementation of the approved con3 cept within the current force structure and capabili4 ties. 

5 (4) A description and assessment of how cur6 rent research, development, and acquisition priorities 

7 in the program of record meet or fail to meet cur8 rent and future requirements for implementation of 

9 the Air Sea Battle Concept. 

10 (5) An identification, in order of priority, of the 

11 five most critical force structure or capabilities re12 quiring increased or sustained investment for the 

13 implementation of the Air Sea Battle Concept. 

14 (6) An identification, in order of priority, of 

15 how the Department will offset the increased costs 

16 for force structure and capabilities required by im17 plementation of the Air Sea Battle Concept, includ18 ing an explanation of what force structure, capabili19 ties, and programs will be reduced and how poten20 tially increased risks based on those reductions will 

21 be managed relative to other strategic requirements. 

22 (7) A description and assessment of the esti23 mated incremental increases in costs and savings 

24 from implementing the Air Sea Battle Concept, in-
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1 cluding the most significant reasons for those in2 creased costs and savings. 

3 (8) A description and assessment of the con4 tributions required from allies and other inter5 national partners, including the identification and 

6 plans for management of related risks, in order to 

7 implement the Air Sea Battle Concept. 

8 (9) Such other matters relating to the develop9 ment and implementation of the Air Sea Battle Con10 cept as the Secretary considers appropriate. 

11 (c) FORM.—The report required by subsection (a) 

12 shall be submitted in both unclassified and classified form. 

13 SEC. 1080I. REPORT ON EFFECTS OF CHANGING FLAG OFFI14 CER POSITIONS WITHIN THE AIR FORCE MA15 TERIAL COMMAND. 

16 (a) REPORT REQUIRED.—Not later than 60 days 

17 after the date of the enactment of this Act, the Secretary 

18 of the Air Force shall conduct an analysis and submit to 

19 the congressional defense committees a report on the ef20 fects of changing flag officer positions within the Air 

21 Force Materiel Command (AFMC), including consider22 ation of the following issues: 

23 (1) The effect on the weapons testing mission 

24 of AFMC. 
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1 (2) The potential for lack of oversight if flag 

2 positions are reduced or eliminated. 

3 (3) The reduced experience level of general offi4 cers managing challenging weapons development 

5 programs under a new command structure. 

6 (4) The additional duties of base management 

7 functions impacting the test wing commander’s abil8 ity to manage actual weapons testing under the new 

9 structure. 

10 (b) COMPTROLLER GENERAL ASSESSMENT.—Not 

11 later than 60 days after the submittal of the report under 

12 subsection (a), the Comptroller General of the United 

13 States shall submit to Congress an assessment by the 

14 Comptroller General of the report, including a determina15 tion whether or not the report complies with applicable 

16 best practices. 

17 Subtitle H—Other Matters 

18 SEC. 1081. REDESIGNATION OF PSYCHOLOGICAL OPER19 ATIONS AS MILITARY INFORMATION SUP20 PORT OPERATIONS IN TITLE 10, UNITED 

21 STATES CODE, TO CONFORM TO DEPART22 MENT OF DEFENSE USAGE. 

23 Title 10, United States Code, is amended as follows: 

24 (1) In section 167(j), by striking paragraph (6) 

25 and inserting the following new paragraph: 
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1 ‘‘(6) Military information support operations.’’. 

2 (2) Section 2011(d)(1) is amended by striking 

3 ‘‘psychological operations’’ and inserting ‘‘military 

4 information support operations’’. 

5 SEC. 1082. TERMINATION OF REQUIREMENT FOR APPOINT6 MENT OF CIVILIAN MEMBERS OF NATIONAL 

7 SECURITY EDUCATION BOARD BY AND WITH 

8 THE ADVICE AND CONSENT OF THE SENATE. 

9 (a) TERMINATION.—Subsection (b)(7) of section 803 

10 of the David L. Boren National Security Education Act 

11 of 1991 (50 U.S.C. 1903) is amended by striking ‘‘by and 

12 with the advice and consent of the Senate,’’. 

13 (b) TECHNICAL AMENDMENT.—Subsection (c) of 

14 such section is amended by striking ‘‘subsection (b)(6)’’ 

15 and inserting ‘‘subsection (b)(7)’’. 

16 SEC. 1083. REDESIGNATION OF INDUSTRIAL COLLEGE OF 

17 THE ARMED FORCES AS THE DWIGHT D. EI18 SENHOWER SCHOOL FOR NATIONAL SECU19 RITY AND RESOURCE STRATEGY. 

20 (a) REDESIGNATION.—The Industrial College of the 

21 Armed Forces is hereby renamed the ‘‘Dwight D. Eisen22 hower School for National Security and Resource Strat23 egy’’. 
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1 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

2 section 2165(b) of title 10, United States Code, is amend3 ed to read as follows: 

4 ‘‘(2) The Dwight D. Eisenhower School for Na5 tional Security and Resource Strategy.’’. 

6 (c) REFERENCES.—Any reference to the Industrial 

7 College of the Armed Forces in any law, regulation, map, 

8 document, record, or other paper of the United States 

9 shall be deemed to be a reference to the Dwight D. Eisen10 hower School for National Security and Resource Strat11 egy. 

12 SEC. 1084. DESIGNATION OF FISHER HOUSE FOR THE FAMI13 LIES OF THE FALLEN AND MEDITATION PA14 VILION, DOVER AIR FORCE BASE, DELAWARE, 

15 AS A FISHER HOUSE. 

16 The Fisher House for the Families of the Fallen and 

17 Meditation Pavilion at Dover Air Force Base, Delaware, 

18 is hereby designated as a Fisher House for purposes of 

19 section 2493 of title 10, United States Code. 

20 SEC. 1085. SENSE OF SENATE ON APPLICATION OF MORA21 TORIUM ON EARMARKS TO THIS ACT. 

22 It is the sense of the Senate that the moratorium on 

23 congressionally-directed spending items in the Senate, and 

24 on congressional earmarks in the House of Representa25 tives, should be fully enforced in this Act. 
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1 SEC. 1086. TECHNICAL AMENDMENT RELATING TO RESPON2 SIBILITIES OF DEPUTY ASSISTANT SEC3 RETARY OF DEFENSE FOR MANUFACTURING 

4 AND INDUSTRIAL BASE POLICY. 

5 Section 139e(b)(12) of title 10, United States Code, 

6 is amended by striking ‘‘titles I and II’’ and inserting ‘‘ti7 tles I and III’’. 

8 SEC. 1087. TECHNICAL AMENDMENT. 

9 Section 382 of title 10, United States Code, is 

10 amended by striking ‘‘biological or chemical’’ each place 

11 it appears in subsections (a) and (b). 

12 SEC. 1088. IMPROVING THE TRANSITION OF MEMBERS OF 

13 THE ARMED FORCES WITH EXPERIENCE IN 

14 THE OPERATION OF CERTAIN MOTOR VEHI15 CLES INTO CAREERS OPERATING COMMER16 CIAL MOTOR VEHICLES IN THE PRIVATE SEC17 TOR. 

18 (a) STUDY.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of the enactment of this Act, the Secretary 

21 of Defense and the Secretary of Transportation shall 

22 jointly conduct a study to identify the legislative and 

23 regulatory actions that can be taken for purposes as 

24 follows: 

25 (A) To facilitate the obtaining of commer26 cial driver’s licenses (within the meaning of sec-
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1 tion 31302 of title 49, United States Code) by 

2 former members of the Armed Forces who oper3 ated qualifying motor vehicles as members of 

4 the Armed Forces. 

5 (B) To improve the transition of members 

6 of the Armed Forces who operate qualifying 

7 motor vehicles as members of the Armed Forces 

8 into careers operating commercial motor vehi9 cles (as defined in section 31301 of such title) 

10 in the private sector after separation from serv11 ice in the Armed Forces. 

12 (2) ELEMENTS.—The study required by para13 graph (1) shall include the following: 

14 (A) Identification of any training, quali15 fications, or experiences of members of the 

16 Armed Forces described in paragraph (1)(B) 

17 that satisfy the minimum standards prescribed 

18 by the Secretary of Transportation for the oper19 ation of commercial motor vehicles under sec20 tion 31305 of title 49, United States Code. 

21 (B) Identification of the actions the Sec22 retary of Defense can take to document the 

23 training, qualifications, and experiences of such 

24 members for the purposes described in para25 graph (1). 
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1 (C) Identification of the actions the Sec2 retary of Defense can take to modify the train3 ing and education programs of the Department 

4 of Defense for the purposes described in para5 graph (1). 

6 (D) An assessment of the feasibility and 

7 advisability of each of the legislative and regu8 latory actions identified under the study. 

9 (E) Development of recommendations for 

10 legislative and regulatory actions to further the 

11 purposes described in paragraph (1). 

12 (b) IMPLEMENTATION.—Upon completion of the 

13 study required by subsection (a), the Secretary of Defense 

14 and the Secretary of Transportation shall carry out the 

15 actions identified under the study which the Secretaries— 

16 (1) can carry out without legislative action; and 

17 (2) jointly consider both feasible and advisable. 

18 (c) REPORT.— 

19 (1) IN GENERAL.—Upon completion of the 

20 study required by subsection (a)(1), the Secretary of 

21 Defense and the Secretary of Transportation shall 

22 jointly submit to Congress a report on the findings 

23 of the Secretaries with respect to the study. 

24 (2) ELEMENTS.—The report required by para25 graph (1) shall include the following: 
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1 (A) A description of the legislative and 

2 regulatory actions identified under the study. 

3 (B) A description of the actions described 

4 in subparagraph (A) that can be carried out by 

5 the Secretary of Defense and the Secretary of 

6 Transportation without any legislative action. 

7 (C) A description of the feasibility and ad8 visability of each of the legislative and regu9 latory actions identified by the study. 

10 (D) The recommendations developed under 

11 subsection (a)(2)(E). 

12 (d) DEFINITIONS.—In this section: 

13 (1) MOTOR VEHICLE.—The term ‘‘motor vehi14 cle’’ means a vehicle, machine, tractor, trailer, or 

15 semitrailer propelled or drawn by mechanical power 

16 and used on land, but does not include a vehicle, 

17 machine, tractor, trailer, or semitrailer operated only 

18 on a rail line or custom harvesting farm machinery. 

19 (2) QUALIFYING MOTOR VEHICLE.—The term 

20 ‘‘qualifying motor vehicle’’ means a motor vehicle or 

21 combination of motor vehicles used to transport pas22 sengers or property that— 

23 (A) has a gross combination vehicle weight 

24 rating of 26,001 pounds or more, inclusive of a 
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1 towed unit with a gross vehicle weight rating of 

2 more than 10,000 pounds; 

3 (B) has a gross vehicle weight rating of 

4 26,001 pounds or more; 

5 (C) is designed to transport 16 or more 

6 passengers, including the driver; or 

7 (D) is of any size and is used in the trans8 portation of materials found to be hazardous 

9 under chapter 51 of title 49, United States 

10 Code, and which require the motor vehicle to be 

11 placarded under subpart F of part 172 of title 

12 49, Code of Federal Regulations, or any cor13 responding similar regulation or ruling. 

14 SEC. 1089. FIRE SUPPRESSION AGENTS. 

15 Section 605(a) of the Clean Air Act (42 U.S.C. 

16 7671d(a)) is amended— 

17 (1) in paragraph (2), by striking ‘‘or’’ at the 

18 end; 

19 (2) in paragraph (3), by striking the period at 

20 the end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(4) is listed as acceptable for use as a fire sup23 pression agent for nonresidential applications in ac24 cordance with section 612(c).’’. 
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1 SEC. 1090. ACQUISITION AND PROCUREMENT EXCHANGES 

2 BETWEEN THE UNITED STATES AND INDIA. 

3 The Secretary of Defense should seek to establish ex4 changes between acquisition and procurement officials of 

5 the Department of Defense and defense officials of the 

6 Government of India to increase mutual understanding re7 garding best practices in defense acquisition. 

8 SEC. 1091. LONG-TERM PLAN FOR MAINTENANCE OF INTER9 CONTINENTAL BALLISTIC MISSILE SOLID 

10 ROCKET MOTOR PRODUCTION CAPACITY. 

11 The Secretary of Defense shall submit, with the 

12 budget justification materials submitted to Congress in 

13 support of the budget of the Department of Defense for 

14 fiscal year 2013 (as submitted with the budget of the 

15 President under section 1105(a) of title 31, United States 

16 Code), a long-term plan for maintaining a minimal capac17 ity to produce intercontinental ballistic missile solid rocket 

18 motors. 

19 SEC. 1092. CYBERSECURITY COLLABORATION BETWEEN 

20 THE DEPARTMENT OF DEFENSE AND THE DE21 PARTMENT OF HOMELAND SECURITY. 

22 (a) INTERDEPARTMENTAL COLLABORATION.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 and the Secretary of Homeland Security shall pro25 vide personnel, equipment, and facilities in order to 
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1 increase interdepartmental collaboration with respect 

2 to— 

3 (A) strategic planning for the cybersecurity 

4 of the United States; 

5 (B) mutual support for cybersecurity capa6 bilities development; and 

7 (C) synchronization of current operational 

8 cybersecurity mission activities. 

9 (2) EFFICIENCIES.—The collaboration provided 

10 for under paragraph (1) shall be designed— 

11 (A) to improve the efficiency and effective12 ness of requirements formulation and requests 

13 for products, services, and technical assistance 

14 for, and coordination and performance assess15 ment of, cybersecurity missions executed across 

16 a variety of Department of Defense and De17 partment of Homeland Security elements; and 

18 (B) to leverage the expertise of each indi19 vidual Department and to avoid duplicating, 

20 replicating, or aggregating unnecessarily the di21 verse line organizations across technology devel22 opments, operations, and customer support that 

23 collectively execute the cybersecurity mission of 

24 each Department. 

25 (b) RESPONSIBILITIES.— 
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1 (1) DEPARTMENT OF HOMELAND SECURITY.— 

2 The Secretary of Homeland Security shall identify 

3 and assign, in coordination with the Department of 

4 Defense, a Director of Cybersecurity Coordination 

5 within the Department of Homeland Security to un6 dertake collaborative activities with the Department 

7 of Defense. 

8 (2) DEPARTMENT OF DEFENSE.—The Sec9 retary of Defense shall identify and assign, in co10 ordination with the Department of Homeland Secu11 rity, one or more officials within the Department of 

12 Defense to coordinate, oversee, and execute collabo13 rative activities and the provision of cybersecurity 

14 support to the Department of Homeland Security. 

15 SEC. 1093. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN 

16 NATIONAL GUARD DUTY. 

17 Section 4312(c)(4) of title 38, United States Code, 

18 is amended— 

19 (1) in subparagraph (D), by striking ‘‘or’’ at 

20 the end; 

21 (2) in subparagraph (E), by striking the period 

22 at the end and inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 
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1 ‘‘(F) ordered to full-time National Guard 

2 duty (other than for training) under section 

3 502(f) of title 32 when authorized by the Presi4 dent or the Secretary of Defense for the pur5 pose of responding to a national emergency de6 clared by the President and supported by Fed7 eral funds, as determined by the Secretary con8 cerned.’’. 

9 TITLE XI—CIVILIAN PERSONNEL 

10 MATTERS 

11 SEC. 1101. AUTHORITY OF THE SECRETARIES OF THE MILI12 TARY DEPARTMENTS TO EMPLOY UP TO 10 

13 PERSONS WITHOUT PAY. 

14 Section 1583 of title 10, United States Code, is 

15 amended in the first sentence— 

16 (1) by inserting ‘‘and the Secretaries of the 

17 military departments’’ after ‘‘the Secretary of De18 fense’’; and 

19 (2) by inserting ‘‘each’’ after ‘‘may’’. 
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1 SEC. 1102. EXTENSION OF ELIGIBILITY TO CONTINUE FED2 ERAL EMPLOYEE HEALTH BENEFITS FOR 

3 CERTAIN EMPLOYEES OF THE DEPARTMENT 

4 OF DEFENSE. 

5 (a) EXTENSION FOR DEPARTMENT OF DEFENSE.— 

6 Subparagraph (B) of section 8905a(d)(4) of title 5, 

7 United States Code, is amended— 

8 (1) in clause (i), by striking ‘‘December 31, 

9 2011’’ and inserting ‘‘October 1, 2015’’; and 

10 (2) in clause (ii)— 

11 (A) by striking ‘‘February 1, 2012’’ and 

12 inserting ‘‘February 1, 2016’’; and 

13 (B) by striking ‘‘December 31, 2011’’ and 

14 inserting ‘‘the date specified in clause (i)’’. 

15 (b) TECHNICAL AMENDMENT TO DELETE OBSOLETE

16 AUTHORITY APPLICABLE TO DEPARTMENT OF EN17 ERGY.—Subparagraph (A) of such section is amended by 

18 striking ‘‘, or the Department of Energy due to a reduc19 tion in force resulting from the establishment of the Na20 tional Nuclear Security Administration’’. 

21 SEC. 1103. AUTHORITY FOR WAIVER OF RECOVERY OF CER22 TAIN PAYMENTS PREVIOUSLY MADE UNDER 

23 CIVILIAN EMPLOYEES VOLUNTARY SEPARA24 TION INCENTIVE PROGRAM. 

25 (a) AUTHORITY FOR WAIVER.—Subject to subsection 

26 (c), the Secretary of Defense may waive the requirement 
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1 under subsection (f)(6)(B) of section 9902 of title 5, 

2 United States Code, for repayment to the Department of 

3 Defense of a voluntary separation incentive payment made 

4 under subsection (f)(1) of that section in the case of an 

5 employee or former employee of the Department of De6 fense described in subsection (b). 

7 (b) PERSONS COVERED.—Subsection (a) applies to 

8 any employee or former employee of the Department of 

9 Defense— 

10 (1) who during the period beginning on April 1, 

11 2004, and ending on March 1, 2008, received a vol12 untary separation incentive payment under sub13 section (f)(1) of section 9902 of title 5, United 

14 States Code; 

15 (2) who was reappointed to a position in the 

16 Department of Defense to support a declared na17 tional emergency related to terrorism or a natural 

18 disaster during the period beginning on June 1, 

19 2004, and ending on March 1, 2008; and 

20 (3) with respect to whom the Secretary deter21 mines— 

22 (A) that the employee or former employee, 

23 before accepting the reappointment referred to 

24 in paragraph (2), received a representation 

25 from an officer or employee of the Department 
537 

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1 of Defense that recovery of the amount of the 

2 payment referred to in paragraph (1) would not 

3 be required or would be waived; and 

4 (B) that the employee or former employee 

5 reasonably relied on that representation when 

6 accepting reappointment. 

7 (c) REQUIRED DETERMINATION.—The Secretary of 

8 Defense may grant a waiver under subsection (a) in the 

9 case of any individual only if the Secretary determines 

10 that recovery of the amount of the payment otherwise re11 quired would be against equity and good conscience be12 cause of the circumstances of that individual’s reemploy13 ment after receiving a voluntary separation incentive pay14 ment. 

15 (d) TREATMENT OF PRIOR REPAYMENTS.—The Sec16 retary of Defense may, pursuant to a determination under 

17 subsection (c) specific to an individual, provide for reim18 bursement to that individual for any amount the indi19 vidual has previously repaid to the United States for a 

20 voluntary separation incentive payment covered by this 

21 section. The reimbursement shall be paid either from the 

22 appropriations into which the repayment was deposited, 

23 if such appropriations remain available, or from appro24 priations currently available for the purposes of the appro25 priation into which the repayment was deposited. 
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1 (e) EXPIRATION OF AUTHORITY.—The authority to 

2 grant a waiver under this section shall expire on December 

3 31, 2012. 

4 SEC. 1104. PERMANENT EXTENSION AND EXPANSION OF EX5 PERIMENTAL PERSONNEL PROGRAM FOR 

6 SCIENTIFIC AND TECHNICAL PERSONNEL. 

7 (a) PERMANENT EXTENSION.—Section 1101 of the 

8 Strom Thurmond National Defense Authorization Act for 

9 Fiscal Year 1999 (5 U.S.C. 3104 note) is amended— 

10 (1) in subsection (a), by striking ‘‘During the 

11 program period’’ and all that follows through ‘‘use 

12 of the’’ and inserting ‘‘The Secretary of Defense 

13 may carry out a program to use the’’; and 

14 (2) by striking subsections (e), (f), and (g). 

15 (b) EXPANSION OF AVAILABILITY OF PERSONNEL

16 MANAGEMENT AUTHORITY.—Subsection (b)(1) of such 

17 section is amended— 

18 (1) in subparagraph (A), by striking ‘‘40’’ and 

19 inserting ‘‘50’’; 

20 (2) in subparagraph (C), by striking ‘‘and’’ at 

21 the end; 

22 (3) in subparagraph (D), by adding ‘‘and’’ at 

23 the end; and 

24 (4) by adding at the end the following new sub25 paragraph: 
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1 ‘‘(E) not more than a total of 10 scientific and 

2 engineering positions in the Office of the Director of 

3 Operational Test and Evaluation;’’. 

4 SEC. 1105. MODIFICATION OF BENEFICIARY DESIGNATION 

5 AUTHORITIES FOR DEATH GRATUITY PAY6 ABLE UPON DEATH OF A UNITED STATES 

7 GOVERNMENT EMPLOYEE IN SERVICE WITH 

8 THE ARMED FORCES. 

9 (a) AUTHORITY TO DESIGNATE MORE THAN 50 

10 PERCENT OF DEATH GRATUITY TO UNRELATED PER11 SONS.— 

12 (1) IN GENERAL.—Paragraph (4) of section 

13 8102a(d) of title 5, United States Code, is amend14 ed— 

15 (A) by striking the first sentence and in16 serting ‘‘A person covered by this section may 

17 designate another person to receive an amount 

18 payable under this section.’’; and 

19 (B) in the second sentence, by striking ‘‘up 

20 to the maximum of 50 percent’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall take effect on the date of en23 actment of this Act and apply to the payment of a 

24 death gratuity based on any death occurring on or 

25 after that date. 
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1 (b) NOTICE TO SPOUSE OF DESIGNATION OF AN2 OTHER PERSON TO RECEIVE PORTION OF DEATH GRA3 TUITY.—Such section is further amended by adding at the 

4 end the following new paragraph: 

5 ‘‘(6) If a person covered by this section has a 

6 spouse, but designates a person other than the 

7 spouse to receive all or a portion of the amount pay8 able under this section, the head of the agency, or 

9 other entity, in which that person is employed shall 

10 provide notice of the designation to the spouse.’’. 

11 SEC. 1106. TWO-YEAR EXTENSION OF DISCRETIONARY AU12 THORITY TO GRANT ALLOWANCES, BENE13 FITS, AND GRATUITIES TO PERSONNEL ON 

14 OFFICIAL DUTY IN A COMBAT ZONE. 

15 Paragraph (2) of section 1603(a) of the Emergency 

16 Supplemental Appropriations Act for Defense, the Global 

17 War on Terror, and Hurricane Recovery, 2006 (Public 

18 Law 109–234; 120 Stat. 443), as added by section 1102 

19 of the Duncan Hunter National Defense Authorization 

20 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

21 4616), is amended by striking ‘‘fiscal years 2009, 2010, 

22 and 2011’’ and inserting ‘‘fiscal years 2009 through 

23 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)— 
543 

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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 hu-
544 

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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.’’. 
545 

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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.’’. 
546 

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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 
547 

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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— 
548 

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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 
549 

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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 
550 

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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 
551 

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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, 
552 

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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. 
553 

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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. 
554 

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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.— 
555 

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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 

25 Law 109–163; 119 Stat. 3456; relating to pro-
556 

†S 1867 ES

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. 
557 

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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 
558 

†S 1867 ES

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, 
559 

†S 1867 ES

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 
560 

†S 1867 ES

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) 
561 

†S 1867 ES

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. 
562 

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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). 
563 

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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 
564 

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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. 
565 

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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 
566 

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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’’. 
567 

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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’’. 
568 

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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 
570 

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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 de-
572 

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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 

25 the objective of President Karzai that the Afghani-
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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) TRANSITION PLAN.—The President shall devise 

23 a plan based on inputs from military commanders, NATO 

24 and Coalition allies, the diplomatic missions in the region, 

25 and appropriate members of the Cabinet, along with the 
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1 consultation of Congress, for expediting the drawdown of 

2 United States combat troops in Afghanistan and accel3 erating the transfer of security authority to Afghan au4 thorities. 

5 (d) SUBMITTAL TO CONGRESS.—The President shall 

6 include the most current set of benchmarks established 

7 pursuant to subsection (b) and the plan pursuant to sub8 section (c) with each report on progress toward security 

9 and stability in Afghanistan that is submitted to Congress 

10 under sections 1230 and 1231 of the National Defense 

11 Authorization Act for Fiscal Year 2008 (Public Law 110– 

12 181; 122 Stat. 385, 390). 

13 SEC. 1230. CERTIFICATION REQUIREMENT REGARDING EF14 FORTS BY GOVERNMENT OF PAKISTAN TO IM15 PLEMENT A STRATEGY TO COUNTER IMPRO16 VISED EXPLOSIVE DEVICES. 

17 (a) CERTIFICATION REQUIREMENT.— 

18 (1) IN GENERAL.—None of the amounts au19 thorized to be appropriated under this Act for the 

20 Pakistan Counterinsurgency Fund or transferred to 

21 the Pakistan Counterinsurgency Fund from the 

22 Pakistan Counterinsurgency Capability Fund should 

23 be made available for the Government of Pakistan 

24 until the Secretary of Defense, in consultation with 

25 the Secretary of State, certifies to the congressional 
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1 defense committees and the Committee on Foreign 

2 Relations of the Senate and the Committee on For3 eign Affairs of the House of Representatives that 

4 the Government of Pakistan is demonstrating a con5 tinuing commitment to and is making significant ef6 forts towards the implementation of a strategy to 

7 counter improvised explosive devices (IEDs). 

8 (2) SIGNIFICANT IMPLEMENTATION EF9 FORTS.—For purposes of this subsection, significant 

10 implementation efforts include attacking IED net11 works, monitoring of known precursors used in 

12 IEDs, and the development of a strict protocol for 

13 the manufacture of explosive materials, including 

14 calcium ammonium nitrate, and accessories and 

15 their supply to legitimate end users. 

16 (b) WAIVER.—The Secretary of Defense, in consulta17 tion with the Secretary of State, may waive the require18 ments of subsection (a) if the Secretary determines it is 

19 in the national security interest of the United States to 

20 do so. 
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1 SEC. 1231. REPORT ON COALITION SUPPORT FUND REIM2 BURSEMENTS TO THE GOVERNMENT OF 

3 PAKISTAN FOR OPERATIONS CONDUCTED IN 

4 SUPPORT OF OPERATION ENDURING FREE5 DOM. 

6 (a) IN GENERAL.—Not later than 120 days after the 

7 date of the enactment of this Act, the Secretary of Defense 

8 shall submit a report to the congressional defense commit9 tees and the Committee on Foreign Relations of the Sen10 ate and the Committee on Foreign Affairs of the House 

11 of Representatives assessing the effectiveness of the Coali12 tion Support Fund reimbursements to the Government of 

13 Pakistan for operations conducted in support of Operation 

14 Enduring Freedom. 

15 (b) ELEMENTS.—The report required under sub16 section (a) shall include the following elements: 

17 (1) A description of the types of reimburse18 ments requested by the Government of Pakistan. 

19 (2) The total amount reimbursed to the Gov20 ernment of Pakistan since the beginning of Oper21 ation Enduring Freedom, in the aggregate and by 

22 fiscal year. 

23 (3) The percentage and types of reimbursement 

24 requests made by the Government of Pakistan for 

25 which the United States Government has deferred or 

26 not provided payment. 
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1 (4) An assessment of the effectiveness of Coali2 tion Support Fund reimbursements in supporting 

3 operations conducted by the Government of Pakistan 

4 in support of Operation Enduring Freedom and of 

5 the impact of those operations in containing the abil6 ity of terrorist organizations to threaten the stability 

7 of Afghanistan and Pakistan and to impede the op8 erations of the United States in Afghanistan. 

9 (5) Recommendations, if any, relative to poten10 tial alternatives to or termination of reimbursements 

11 from the Coalition Support Fund to the Government 

12 of Pakistan taking into account the transition plan 

13 for Afghanistan. 

14 (c) FORM.—The report required under subsection (a) 

15 shall be submitted in unclassified form, but may contain 

16 a classified annex. 

17 Subtitle C—Reports and Other 

18 Matters 

19 SEC. 1241. REPORT ON PROGRESS OF THE AFRICAN UNION 

20 IN OPERATIONALIZING THE AFRICAN STAND21 BY FORCE. 

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

23 after the date of the enactment of this Act, the Under 

24 Secretary of Defense for Policy shall submit to the Com25 mittees on Armed Services of the Senate and the House 
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1 of Representatives a report on the progress of the African 

2 Union in operationalizing the African Standby Force. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) An assessment of the existing personnel 

6 strengths and capabilities of each of the five regional 

7 brigades of the African Standby Force and their bri8 gade-level headquarters. 

9 (2) An assessment of the specific capacity10 building needs of the African Standby Force, includ11 ing with respect to supply management, information 

12 management, strategic planning, and other critical 

13 components. 

14 (3) A description of the functionality of the 

15 supply depots of each brigade referred to in para16 graph (1), and current information on existing 

17 stocks of each such brigade. 

18 (4) An assessment of the capacity of the Afri19 can Union to manage the African Standby Force. 

20 (5) An assessment of inter-organizational co21 ordination on assistance to the African Union and 

22 the African Standby Force between multilateral do23 nors, including the United Nations, the European 

24 Union, and the North Atlantic Treaty Organization. 
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1 (6) An assessment of the capacity of the Afri2 can Union to absorb additional international assist3 ance toward the development of a fully functional 

4 African Standby Force. 

5 SEC. 1242. COMPTROLLER GENERAL OF THE UNITED 

6 STATES REPORT ON THE NATIONAL GUARD 

7 STATE PARTNERSHIP PROGRAM. 

8 (a) REPORT REQUIRED.—Not later than March 31, 

9 2012, the Comptroller General of the United States shall 

10 submit to the Committee on Armed Services of the Senate 

11 and the Committee on Armed Services of the House of 

12 Representatives a report on the National Guard State 

13 Partnership Program. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a) shall include the following: 

16 (1) A summary of the sources of funds for the 

17 State Partnership Program over the last five years. 

18 (2) An analysis of the types and frequency of 

19 activities performed by participants in the State 

20 Partnership Program. 

21 (3) A description of the objectives of the State 

22 Partnership Program and the manner in which ob23 jectives under the program are established and co24 ordinated with the Office of the Secretary of De25 fense, the geographic combatant commands, United 
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1 States Country Teams, and other departments and 

2 agencies of the United States Government. 

3 (4) A description of the manner in which the 

4 Department of Defense selects and designates par5 ticular State and foreign country partnerships under 

6 the State Partnership Program. 

7 (5) A description of the manner in which the 

8 Department measures the effectiveness of the activi9 ties under the State Partnership Program in meet10 ing the objectives of the program. 

11 (6) An assessment by the Comptroller General 

12 of the United States of the effectiveness of the ac13 tivities under the State Partnership Program in 

14 meeting the objectives of the program. 

15 SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYSTEMS ORIGI16 NATING FROM LIBYA. 

17 (a) STATEMENT OF POLICY.—Pursuant to section 11 

18 of the Department of State Authorities Act of 2006 (22 

19 U.S.C. 2349bb–6), the following is the policy of the United 

20 States: 

21 (1) To reduce and mitigate, to the greatest ex22 tent feasible, the threat posed to United States citi23 zens and citizens of allies of the United States by 

24 man-portable air-defense systems (MANPADS) that 

25 were in Libya as of March 19, 2011. 
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1 (2) To seek the cooperation of, and to assist, 

2 the Government of Libya and governments of neigh3 boring countries and other countries (as determined 

4 by the President) to secure, remove, or eliminate 

5 stocks of man-portable air-defense systems described 

6 in paragraph (1) that pose a threat to United States 

7 citizens and citizens of allies of the United States. 

8 (3) To pursue, as a matter of priority, an 

9 agreement with the Government of Libya and gov10 ernments of neighboring countries and other coun11 tries (as determined by the Secretary of State) to 

12 formalize cooperation with the United States to limit 

13 the availability, transfer, and proliferation of man14 portable air-defense systems described in paragraph 

15 (1). 

16 (b) INTELLIGENCE COMMUNITY ASSESSMENT ON

17 MANPADS IN LIBYA.— 

18 (1) IN GENERAL.—The Director of National In19 telligence shall submit to the appropriate committees 

20 of Congress an assessment by the intelligence com21 munity that accounts for the disposition of, and the 

22 threat to United States citizens and citizens of allies 

23 of the United States posed by man-portable air-de24 fense systems that were in Libya as of March 19, 

25 2011. The assessment shall be submitted as soon as 
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1 practicable, but not later than the end of the 45-day 

2 period beginning on the date of the enactment of 

3 this Act. 

4 (2) ELEMENTS.—The assessment submitted 

5 under this subsection shall include the following: 

6 (A) An estimate of the number of man7 portable air-defense systems that were in Libya 

8 as of March 19, 2011. 

9 (B) An estimate of the number of man10 portable air-defense systems in Libya as of 

11 March 19, 2011, that are currently in the se12 cure custody of the Government of Libya, the 

13 United States, an ally of the United States, a 

14 member of the North Atlantic Treaty Organiza15 tion (NATO), or the United Nations. 

16 (C) An estimate of the number of man17 portable air-defense systems in Libya as of 

18 March 19, 2011, that were destroyed, disabled, 

19 or otherwise rendered unusable during Oper20 ation Unified Protector and since the end of 

21 Operation Unified Protector. 

22 (D) An assessment of the number of man23 portable air-defense systems that is the dif24 ference between the number of man-portable 

25 air-defense systems in Libya as of March 19, 
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1 2011, and the cumulative number of man-port2 able air-defense systems accounted for under 

3 subparagraphs (B) and (C), and the current 

4 disposition and locations of such man-portable 

5 air-defense systems. 

6 (E) An assessment of the number of man7 portable air-defense systems that are currently 

8 in the custody of militias in Libya. 

9 (F) A list of any organizations designated 

10 as terrorist organizations by the Department of 

11 State, or affiliate organizations or members of 

12 such organizations, that are known or believed 

13 to have custody of any man-portable air-defense 

14 systems that were in the custody of the Govern15 ment of Libya as of March 19, 2011. 

16 (G) An assessment of the threat posed to 

17 United States citizens and citizens of allies of 

18 the United States from unsecured man-portable 

19 air-defense systems (as defined in section 11 of 

20 the Department of State Authorities Act of 

21 2006) originating from Libya. 

22 (H) An assessment of the effect of the pro23 liferation of man-portable air-defense systems 

24 that were in Libya as of March 19, 2011, on 

25 the price and availability of man-portable air- 
585 

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1 defense systems that are on the global arms 

2 market. 

3 (3) NOTICE REGARDING DELAY IN SUB4 MITTAL.—If, before the end of the 45-day period 

5 specified in paragraph (1), the Director determines 

6 that the assessment required by that paragraph can7 not be submitted by the end of that period as re8 quired by that paragraph, the Director shall (before 

9 the end of that period) submit to the appropriate 

10 committees of Congress a report setting forth— 

11 (A) the reasons why the assessment cannot 

12 be submitted by the end of that period; and 

13 (B) an estimated date for the submittal of 

14 the assessment. 

15 (c) COMPREHENSIVE STRATEGY ON THREAT OF

16 MANPADS ORIGINATING FROM LIBYA.— 

17 (1) STRATEGY REQUIRED.—The President shall 

18 develop and implement, and from time to time up19 date, a comprehensive strategy, pursuant to section 

20 11 of the Department of State Authorities Act of 

21 2006, to reduce and mitigate the threat posed to 

22 United States citizens and citizens of allies of the 

23 United States from man-portable air-defense sys24 tems that were in Libya as of March 19, 2011. 

25 (2) REPORT REQUIRED.— 
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1 (A) IN GENERAL.—Not later than 45 days 

2 after the assessment required by subsection (b) 

3 is submitted to the appropriate committees of 

4 Congress, the President shall submit to the ap5 propriate committees of Congress a report set6 ting forth the strategy required by paragraph 

7 (1). 

8 (B) ELEMENTS.—The report required by 

9 this paragraph shall include the following: 

10 (i) An assessment of the effectiveness 

11 of efforts undertaken to date by the United 

12 States, Libya, Mauritania, Egypt, Algeria, 

13 Tunisia, Mali, Morocco, Niger, Chad, the 

14 United Nations, the North Atlantic Treaty 

15 Organization, and any other country or en16 tity (as determined by the President) to re17 duce the threat posed to United States citi18 zens and citizens of allies of the United 

19 States from man-portable air-defense sys20 tems that were in Libya as of March 19, 

21 2011. 

22 (ii) A timeline for future efforts by 

23 the United States, Libya, and neighboring 

24 countries to— 
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1 (I) secure, remove, or disable any 

2 man-portable air-defense systems that 

3 remain in Libya; 

4 (II) counter proliferation of man5 portable air-defense systems origi6 nating from Libya that are in the re7 gion; and 

8 (III) disrupt the ability of terror9 ists, non-state actors, and state spon10 sors of terrorism to acquire such man11 portable air-defense systems. 

12 (iii) A description of any additional 

13 funding required to address the threat of 

14 man-portable air-defense systems origi15 nating from Libya. 

16 (iv) A description of technologies cur17 rently available to reduce the susceptibility 

18 and vulnerability of civilian aircraft to 

19 man-portable air-defense systems, includ20 ing an assessment of the feasibility of 

21 using aircraft-based anti-missile systems to 

22 protect United States passenger jets. 

23 (v) Recommendations for the most ef24 fective policy measures that can be taken 

25 to reduce and mitigate the threat posed to 
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1 United States citizens and citizens of allies 

2 of the United States from man-portable 

3 air-defense systems that were in Libya as 

4 of March 19, 2011. 

5 (vi) Such recommendations for legisla6 tive or administrative action as the Presi7 dent considers appropriate to implement 

8 the strategy required by paragraph (1). 

9 (C) FORM.—The report required by this 

10 paragraph shall be submitted in unclassified 

11 form, but may include a classified annex. 

12 (d) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the Committee on Armed Services, the 

16 Committee on Foreign Relations, and the Select 

17 Committee on Intelligence of the Senate; and 

18 (2) the Committee on Armed Services, the 

19 Committee on Foreign Affairs, and the Permanent 

20 Select Committee on Intelligence of the House of 

21 Representatives. 

22 SEC. 1244. DEFENSE COOPERATION WITH REPUBLIC OF 

23 GEORGIA. 

24 (a) PLAN FOR NORMALIZATION.—Not later than 90 

25 days after the date of the enactment of this Act, the Presi-
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1 dent shall develop and submit to the congressional defense 

2 committees and the Committee on Foreign Relations of 

3 the Senate and the Committee on Foreign Affairs of the 

4 House of Representatives a plan for the normalization of 

5 United States defense cooperation with the Republic of 

6 Georgia, including the sale of defensive arms. 

7 (b) OBJECTIVES.—The plan required under sub8 section (a) shall address the following objectives: 

9 (1) To establish a normalized defense coopera10 tion relationship between the United States and the 

11 Republic of Georgia, taking into consideration the 

12 progress of the Government of the Republic of Geor13 gia on democratic and economic reforms and the ca14 pacity of the Georgian armed forces. 

15 (2) To support the Government of the Republic 

16 of Georgia in providing for the defense of its govern17 ment, people, and sovereign territory, consistent with 

18 the continuing commitment of the Government of 

19 the Republic of Georgia to its nonuse-of-force pledge 

20 and consistent with Article 51 of the Charter of the 

21 United Nations. 

22 (3) To provide for the sale by the United States 

23 of defense articles and services in support of the ef24 forts of the Government of the Republic of Georgia 
590 

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1 to provide for its own self-defense consistent with 

2 paragraphs (1) and (2). 

3 (4) To continue to enhance the ability of the 

4 Government of the Republic of Georgia to partici5 pate in coalition operations and meet NATO part6 nership goals. 

7 (5) To encourage NATO member and candidate 

8 countries to restore and enhance their sales of defen9 sive articles and services to the Republic of Georgia 

10 as part of a broader NATO effort to deepen its de11 fense relationship and cooperation with the Republic 

12 of Georgia. 

13 (6) To ensure maximum transparency in the 

14 United States-Georgia defense relationship. 

15 (c) INCLUDED INFORMATION.—The plan required 

16 under subsection (a) shall include the following informa17 tion: 

18 (1) A needs-based assessment, or an update to 

19 an existing needs-based assessment, of the defense 

20 requirements of the Republic of Georgia, which shall 

21 be prepared by the Department of Defense. 

22 (2) A description of each of the requests by the 

23 Government of the Republic of Georgia for purchase 

24 of defense articles and services during the two-year 

25 period ending on the date of the report. 
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1 (3) A summary of the defense needs asserted by 

2 the Government of the Republic of Georgia as jus3 tification for its requests for defensive arms pur4 chases. 

5 (4) A description of the action taken on any de6 fensive arms sale request by the Government of the 

7 Republic of Georgia and an explanation for such ac8 tion. 

9 (d) FORM.—The plan required under subsection (a) 

10 shall be submitted in unclassified form, but may contain 

11 a classified annex. 

12 SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO 

13 THE FINANCIAL SECTOR OF IRAN. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) On November 21, 2011, the Secretary of 

17 the Treasury issued a finding under section 5318A 

18 of title 31, United States Code, that identified Iran 

19 as a jurisdiction of primary money laundering con20 cern. 

21 (2) In that finding, the Financial Crimes En22 forcement Network of the Department of the Treas23 ury wrote, ‘‘The Central Bank of Iran, which regu24 lates Iranian banks, has assisted designated Iranian 

25 banks by transferring billions of dollars to these 
592 

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1 banks in 2011. In mid-2011, the CBI transferred 

2 several billion dollars to designated banks, including 

3 Saderat, Mellat, EDBI and Melli, through a variety 

4 of payment schemes. In making these transfers, the 

5 CBI attempted to evade sanctions by minimizing the 

6 direct involvement of large international banks with 

7 both CBI and designated Iranian banks.’’. 

8 (3) On November 22, 2011, the Under Sec9 retary of the Treasury for Terrorism and Financial 

10 Intelligence, David Cohen, wrote, ‘‘Treasury is call11 ing out the entire Iranian banking sector, including 

12 the Central Bank of Iran, as posing terrorist financ13 ing, proliferation financing, and money laundering 

14 risks for the global financial system.’’. 

15 (b) DESIGNATION OF FINANCIAL SECTOR OF IRAN

16 AS OF PRIMARY MONEY LAUNDERING CONCERN.—The fi17 nancial sector of Iran, including the Central Bank of Iran, 

18 is designated as of primary money laundering concern for 

19 purposes of section 5318A of title 31, United States Code, 

20 because of the threat to government and financial institu21 tions resulting from the illicit activities of the Government 

22 of Iran, including its pursuit of nuclear weapons, support 

23 for international terrorism, and efforts to deceive respon24 sible financial institutions and evade sanctions. 
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1 (c) FREEZING OF ASSETS OF IRANIAN FINANCIAL

2 INSTITUTIONS.—The President shall, pursuant to the 

3 International Emergency Economic Powers Act (50 

4 U.S.C. 1701 et seq.), block and prohibit all transactions 

5 in all property and interests in property of an Iranian fi6 nancial institution if such property and interests in prop7 erty are in the United States, come within the United 

8 States, or are or come within the possession or control 

9 of a United States person. 

10 (d) IMPOSITION OF SANCTIONS WITH RESPECT TO

11 THE CENTRAL BANK OF IRAN AND OTHER IRANIAN FI12 NANCIAL INSTITUTIONS.— 

13 (1) IN GENERAL.—Except as specifically pro14 vided in this subsection, beginning on the date that 

15 is 60 days after the date of the enactment of this 

16 Act, the President— 

17 (A) shall prohibit the opening or maintain18 ing in the United States of a correspondent ac19 count or a payable-through account by a foreign 

20 financial institution that the President deter21 mines has knowingly conducted or facilitated 

22 any significant financial transaction with the 

23 Central Bank of Iran or another Iranian finan24 cial institution designated by the Secretary of 

25 the Treasury for the imposition of sanctions 
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1 pursuant to the International Emergency Eco2 nomic Powers Act (50 U.S.C. 1701 et seq.); 

3 and 

4 (B) may impose sanctions pursuant to the 

5 International Emergency Economic Powers Act 

6 (50 U.S.C. 1701 et seq.) with respect to the 

7 Central Bank of Iran. 

8 (2) EXCEPTION FOR SALES OF FOOD, MEDI9 CINE, AND MEDICAL DEVICES.—The President may 

10 not impose sanctions under paragraph (1) with re11 spect to any person for conducting or facilitating a 

12 transaction for the sale of food, medicine, or medical 

13 devices to Iran. 

14 (3) APPLICABILITY OF SANCTIONS WITH RE15 SPECT TO FOREIGN CENTRAL BANKS.—Except as 

16 provided in paragraph (4), sanctions imposed under 

17 paragraph (1)(A) shall apply with respect to a for18 eign financial institution owned or controlled by the 

19 government of a foreign country, including a central 

20 bank of a foreign country, only insofar as it engages 

21 in a financial transaction for the sale or purchase of 

22 petroleum or petroleum products to or from Iran 

23 conducted or facilitated on or after that date that is 

24 180 days after the date of the enactment of this Act. 
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1 (4) APPLICABILITY OF SANCTIONS WITH RE2 SPECT TO PETROLEUM TRANSACTIONS.— 

3 (A) REPORT REQUIRED.—Not later than 

4 60 days after the date of the enactment of this 

5 Act, and every 60 days thereafter, the Adminis6 trator of the Energy Information Administra7 tion, in consultation with the Secretary of the 

8 Treasury, shall submit to Congress a report on 

9 the availability and price of petroleum and pe10 troleum products produced in countries other 

11 than Iran in the 60-day period preceding the 

12 submission of the report. 

13 (B) DETERMINATION REQUIRED.—Not 

14 later than 90 days after the date of the enact15 ment of the Act, and every 180 days thereafter, 

16 the President shall make a determination, based 

17 on the reports required by subparagraph (A), of 

18 whether the price and supply of petroleum and 

19 petroleum products produced in countries other 

20 than Iran is sufficient to permit purchasers of 

21 petroleum and petroleum products from Iran to 

22 reduce significantly in volume their purchases 

23 from Iran. 

24 (C) APPLICATION OF SANCTIONS.—Except 

25 as provided in subparagraph (D), sanctions im-
596 

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1 posed under paragraph (1)(A) shall apply with 

2 respect to a financial transaction conducted or 

3 facilitated by a foreign financial institution on 

4 or after the date that is 180 days after the date 

5 of the enactment of this Act for the purchase 

6 of petroleum or petroleum products from Iran 

7 if the President determines pursuant to sub8 paragraph (B) that there is a sufficient supply 

9 of petroleum and petroleum products from 

10 countries other than Iran to permit a signifi11 cant reduction in the volume of petroleum and 

12 petroleum products purchased from Iran by or 

13 through foreign financial institutions. 

14 (D) EXCEPTION.—Sanctions imposed pur15 suant to paragraph (1) shall not apply with re16 spect to a foreign financial institution if the 

17 President determines and reports to Congress, 

18 not later than 90 days after the date on which 

19 the President makes the determination required 

20 by subparagraph (B), and every 180 days 

21 thereafter, that the country with primary juris22 diction over the foreign financial institution has 

23 significantly reduced its volume of crude oil 

24 purchases from Iran during the period begin25 ning on the date on which the President sub-
597 

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1 mitted the last report with respect to the coun2 try under this subparagraph. 

3 (5) WAIVER.—The President may waive the im4 position of sanctions under paragraph (1) for a pe5 riod of not more than 120 days, and may renew that 

6 waiver for additional periods of not more than 120 

7 days, if the President— 

8 (A) determines that such a waiver is vital 

9 to the national security of the United States; 

10 and 

11 (B) submits to Congress a report— 

12 (i) providing a justification for the 

13 waiver; and 

14 (ii) that includes any concrete co15 operation the President has received or ex16 pects to receive as a result of the waiver. 

17 (e) MULTILATERAL DIPLOMACY INITIATIVE.— 

18 (1) IN GENERAL.—The President shall— 

19 (A) carry out an initiative of multilateral 

20 diplomacy to persuade countries purchasing oil 

21 from Iran— 

22 (i) to limit the use by Iran of revenue 

23 from purchases of oil to purchases of non24 luxury consumers goods from the country 

25 purchasing the oil; and 
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1 (ii) to prohibit purchases by Iran of— 

2 (I) military or dual-use tech3 nology, including items— 

4 (aa) in the Annex to the to 

5 the Missile Technology Control 

6 Regime Guidelines; 

7 (bb) in the Annex on Chemi8 cals to the Convention on the 

9 Prohibition of the Development, 

10 Production, Stockpiling and Use 

11 of Chemical Weapons and on 

12 their Destruction, done at Paris 

13 January 13, 1993, and entered 

14 into force April 29, 1997 (com15 monly known as the ‘‘Chemical 

16 Weapons Convention’’); 

17 (cc) in Part 1 or 2 of the 

18 Nuclear Suppliers Group Guide19 lines; or 

20 (dd) on a control list of the 

21 Wassenaar Arrangement on Ex22 port Controls for Conventional 

23 Arms and Dual-Use Goods and 

24 Technologies; or 
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1 (II) any other item that could 

2 contribute to Iran’s conventional, nu3 clear, chemical or biological weapons 

4 program; and 

5 (B) conduct outreach to petroleum-pro6 ducing countries to encourage those countries 

7 to increase their output of crude oil to ensure 

8 there is a sufficient supply of crude oil from 

9 countries other than Iran and to minimize any 

10 impact on the price of oil resulting from the im11 position of sanctions under this section. 

12 (2) REPORT REQUIRED.—Not later than 180 

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

14 every 180 days thereafter, the President shall sub15 mit to Congress a report on the efforts of the Presi16 dent to carry out the initiative described in para17 graph (1)(A) and conduct the outreach described in 

18 paragraph (1)(B) and the results of those efforts. 

19 (f) FORM OF REPORTS.—Each report submitted 

20 under this section shall be submitted in unclassified form, 

21 but may contain a classified annex. 

22 (g) DEFINITIONS.—In this section: 

23 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY24 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 

25 ‘‘correspondent account’’, and ‘‘payable-through ac-
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1 count’’ have the meanings given those terms in sec2 tion 5318A of title 31, United States Code. 

3 (2) FOREIGN FINANCIAL INSTITUTION.—The 

4 term ‘‘foreign financial institution’’ has the meaning 

5 of that term as determined by the Secretary of the 

6 Treasury pursuant to section 104(i) of the Com7 prehensive Iran Sanctions, Accountability, and Di8 vestment Act of 2010 (22 U.S.C. 8513(i)). 

9 (3) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ means— 

11 (A) a natural person who is a citizen or 

12 resident of the United States or a national of 

13 the United States (as defined in section 101(a) 

14 of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)); and 

16 (B) an entity that is organized under the 

17 laws of the United States or jurisdiction within 

18 the United States. 

19 TITLE XIII—COOPERATIVE 

20 THREAT REDUCTION 

21 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE22 DUCTION PROGRAMS AND FUNDS. 

23 (a) SPECIFICATION OF COOPERATIVE THREAT RE24 DUCTION PROGRAMS.—For purposes of section 301 and 

25 other provisions of this Act, Cooperative Threat Reduction 
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1 programs are the programs specified in section 1501 of 

2 the National Defense Authorization Act for Fiscal Year 

3 1997 (50 U.S.C. 2632 note). 

4 (b) FISCAL YEAR 2012 COOPERATIVE THREAT RE5 DUCTION FUNDS DEFINED.—As used in this title, the 

6 term ‘‘fiscal year 2012 Cooperative Threat Reduction 

7 funds’’ means the funds appropriated pursuant to the au8 thorization of appropriations in section 301 and made 

9 available by the funding table in section 4301 for Coopera10 tive Threat Reduction programs. 

11 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

12 pursuant to the authorization of appropriations in section 

13 301 and made available by the funding table in section 

14 4301 for Cooperative Threat Reduction programs shall be 

15 available for obligation for fiscal years 2012, 2013, and 

16 2014. 

17 SEC. 1302. FUNDING ALLOCATIONS. 

18 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

19 $508,219,000 authorized to be appropriated to the De20 partment of Defense for fiscal year 2012 in section 301 

21 and made available by the funding table in section 4301 

22 for Cooperative Threat Reduction programs, the following 

23 amounts may be obligated for the purposes specified: 

24 (1) For strategic offensive arms elimination, 

25 $63,221,000. 
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1 (2) For chemical weapons destruction, 

2 $9,804,000. 

3 (3) For global nuclear security, $121,143,000. 

4 (4) For cooperative biological engagement, 

5 $259,470,000. 

6 (5) For proliferation prevention, $28,080,000. 

7 (6) For threat reduction engagement, 

8 $2,500,000. 

9 (7) For other assessments/administrative sup10 port, $24,001,000. 

11 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

12 FUNDS FOR OTHER PURPOSES.—No fiscal year 2012 Co13 operative Threat Reduction funds may be obligated or ex14 pended for a purpose other than a purpose listed in para15 graphs (1) through (7) of subsection (a) until 15 days 

16 after the date that the Secretary of Defense submits to 

17 Congress a report on the purpose for which the funds will 

18 be obligated or expended and the amount of funds to be 

19 obligated or expended. Nothing in the preceding sentence 

20 shall be construed as authorizing the obligation or expend21 iture of fiscal year 2012 Cooperative Threat Reduction 

22 funds for a purpose for which the obligation or expendi23 ture of such funds is specifically prohibited under this title 

24 or any other provision of law. 
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1 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

2 AMOUNTS.— 

3 (1) IN GENERAL.—Subject to paragraph (2), in 

4 any case in which the Secretary of Defense deter5 mines that it is necessary to do so in the national 

6 interest, the Secretary may obligate amounts appro7 priated for fiscal year 2012 for a purpose listed in 

8 paragraphs (1) through (7) of subsection (a) in ex9 cess of the specific amount authorized for that pur10 pose. 

11 (2) NOTICE-AND-WAIT REQUIRED.—An obliga12 tion of funds for a purpose stated in paragraphs (1) 

13 through (7) of subsection (a) in excess of the specific 

14 amount authorized for such purpose may be made 

15 using the authority provided in paragraph (1) only 

16 after— 

17 (A) the Secretary submits to Congress no18 tification of the intent to do so together with a 

19 complete discussion of the justification for 

20 doing so; and 

21 (B) 15 days have elapsed following the 

22 date of the notification. 
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1 SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISH2 MENT OF CENTERS OF EXCELLENCE IN 

3 COUNTRIES OUTSIDE OF THE FORMER SO4 VIET UNION. 

5 Not more than $500,000 of the fiscal year 2012 Co6 operative Threat Reduction funds may be obligated or ex7 pended to establish a center of excellence in a country that 

8 is not a state of the former Soviet Union until the date 

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

10 Defense submits to the congressional defense committees 

11 a report that includes the following: 

12 (1) An identification of the country in which 

13 the center will be located. 

14 (2) A description of the purpose for which the 

15 center will be established. 

16 (3) The agreement under which the center will 

17 operate. 

18 (4) A funding plan for the center, including— 

19 (A) the amount of funds to be provided by 

20 the government of the country in which the cen21 ter will be located; and 

22 (B) the percentage of the total cost of es23 tablishing and operating the center the funds 

24 described in subparagraph (A) will cover. 
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1 TITLE XIV—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1401. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

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

7 activities and agencies of the Department of Defense for 

8 providing capital for working capital and revolving funds, 

9 as specified in the funding table in section 4401. 

10 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2012 for the National Defense Sealift Fund, 

13 as specified in the funding table in section 4401. 

14 SEC. 1403. DEFENSE HEALTH PROGRAM. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2012 for ex17 penses, not otherwise provided for, for the Defense Health 

18 Program, as specified in the funding table in section 4401. 

19 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC20 TION, DEFENSE. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

22 are hereby authorized to be appropriated for the Depart23 ment of Defense for fiscal year 2012 for expenses, not oth24 erwise provided for, for Chemical Agents and Munitions 
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1 Destruction, Defense, as specified in the funding table in 

2 section 4401. 

3 (b) USE.—Amounts authorized to be appropriated 

4 under subsection (a) are authorized for— 

5 (1) the destruction of lethal chemical agents 

6 and munitions in accordance with section 1412 of 

7 the Department of Defense Authorization Act, 1986 

8 (50 U.S.C. 1521); and 

9 (2) the destruction of chemical warfare materiel 

10 of the United States that is not covered by section 

11 1412 of such Act. 

12 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC13 TIVITIES, DEFENSE-WIDE. 

14 Funds are hereby authorized to be appropriated for 

15 the Department of Defense for fiscal year 2012 for ex16 penses, not otherwise provided for, for Drug Interdiction 

17 and Counter-Drug Activities, Defense-wide, as specified in 

18 the funding table in section 4401. 

19 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2012 for ex22 penses, not otherwise provided for, for the Office of the 

23 Inspector General of the Department of Defense, as speci24 fied in the funding table in section 4401. 
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1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

4 STOCKPILE FUNDS. 

5 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis6 cal year 2012, the National Defense Stockpile Manager 

7 may obligate up to $50,107,320 of the funds in the Na8 tional Defense Stockpile Transaction Fund established 

9 under subsection (a) of section 9 of the Strategic and Crit10 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

11 authorized uses of such funds under subsection (b)(2) of 

12 such section, including the disposal of hazardous materials 

13 that are environmentally sensitive. 

14 (b) ADDITIONAL OBLIGATIONS.—The National De15 fense Stockpile Manager may obligate amounts in excess 

16 of the amount specified in subsection (a) if the National 

17 Defense Stockpile Manager notifies Congress that extraor18 dinary or emergency conditions necessitate the additional 

19 obligations. The National Defense Stockpile Manager may 

20 make the additional obligations described in the notifica21 tion after the end of the 45-day period beginning on the 

22 date on which Congress receives the notification. 

23 (c) LIMITATIONS.—The authorities provided by this 

24 section shall be subject to such limitations as may be pro25 vided in appropriations Acts. 
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1 SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES 

2 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

3 FROM THE NATIONAL DEFENSE STOCKPILE. 

4 Section 3402(b) of the National Defense Authoriza5 tion Act for Fiscal Year 2000 (Public Law 106–65; 50 

6 U.S.C. 98d note), as most recently amended by section 

7 1412 of the Ike Skelton National Defense Authorization 

8 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

9 4412), is further amended by striking ‘‘$730,000,000 by 

10 the end of fiscal year 2013’’ in paragraph (5) and insert11 ing ‘‘$830,000,000 by the end of fiscal year 2016’’. 

12 Subtitle C—Armed Forces 

13 Retirement Home 

14 PART I—AUTHORIZATION OF APPROPRIATIONS 

15 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS. 

16 There is hereby authorized to be appropriated for fis17 cal year 2012 from the Armed Forces Retirement Home 

18 Trust Fund the sum of $67,700,000 for the operation of 

19 the Armed Forces Retirement Home. 

20 PART II—ARMED FORCES RETIREMENT HOME 

21 AUTHORITIES 

22 SEC. 1422. AMENDMENT OF ARMED FORCES RETIREMENT 

23 HOME ACT OF 1991. 

24 Except as otherwise expressly provided, whenever in 

25 this part an amendment or repeal is expressed in terms 

26 of an amendment to, or a repeal of, a section or other 
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1 provision, the reference shall be considered to be made to 

2 a section or other provision of the Armed Forces Retire3 ment Home Act of 1991 (title XV of Public Law 101– 

4 510; 24 U.S.C. 401 et seq.). 

5 SEC. 1423. ANNUAL VALIDATION OF MULTIYEAR ACCREDI6 TATION. 

7 (a) IN GENERAL.—Section 1511(g) (24 U.S.C. 

8 411(g)) is amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘The Chief Oper10 ating Officer shall’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2)(A) If the Chief Operating Officer secures ac14 creditation for a facility of the Retirement Home (or for 

15 any aspect of a facility of the Retirement Home) that is 

16 effective for a period of more than one year, for each year 

17 after the first year for which such accreditation is in ef18 fect, the Chief Operating Officer shall seek to obtain, from 

19 the organization that awarded the accreditation, a valida20 tion of the accreditation. The requirement in the preceding 

21 sentence shall not apply with respect to a facility of the 

22 Retirement Home for any year for which the Inspector 

23 General of the Department of Defense conducts an inspec24 tion of that facility under section 1518(b). 
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1 ‘‘(B) In carrying out subparagraph (A) with respect 

2 to validation of an accreditation, the Chief Operating Offi3 cer may substitute another nationally recognized civilian 

4 accrediting organization if the organization that awarded 

5 the accreditation is not available.’’. 

6 (b) CONFORMING AMENDMENT.—The heading of 

7 such section is amended by inserting ‘‘AND ANNUAL VALI8 DATION’’ after ‘‘ACCREDITATION’’. 

9 SEC. 1424. CLARIFICATION OF DUTIES OF SENIOR MEDICAL 

10 ADVISOR. 

11 Section 1513A(c) (24 U.S.C. 413a(c)) is amended— 

12 (1) in paragraph (3)— 

13 (A) by striking ‘‘and inspect’’ after ‘‘Peri14 odically visit’’; and 

15 (B) by inserting before the period the fol16 lowing: ‘‘and review medical reports, inspec17 tions, and records audits to make sure appro18 priate follow-up has been made’’; and 

19 (2) by striking paragraphs (4) and (5). 

20 SEC. 1425. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES 

21 FOR EACH FACILITY WITH SINGLE ADVISORY 

22 COUNCIL. 

23 (a) ESTABLISHMENT OF AFRH ADVISORY COUN24 CIL.—Section 1516 (24 U.S.C. 416) is amended to read 

25 as follows: 
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1 ‘‘SEC. 1516. ADVISORY COUNCIL. 

2 ‘‘(a) ESTABLISHMENT.—The Retirement Home shall 

3 have an Advisory Council, to be known as the ‘Armed 

4 Forces Retirement Home Advisory Council’. The Advisory 

5 Council shall serve the interests of both facilities of the 

6 Retirement Home. 

7 ‘‘(b) COMPOSITION; TERMS OF SERVICE.—(1) The 

8 Advisory Council shall consist of at least 11 members, 

9 each of whom shall be a full or part-time Federal employee 

10 and at least one of whom shall be from the Department 

11 of Veterans Affairs. Members of the Advisory Council shall 

12 be designated by the Secretary of Defense, except that a 

13 member who is an employee of a department or agency 

14 outside of the Department of Defense shall be designated 

15 by the head of such department or agency in consultation 

16 with the Secretary of Defense. 

17 ‘‘(2)(A) Except as provided in subparagraphs (B) 

18 and (C), the term of service of a member of the Advisory 

19 Council shall be two years. A member may be designated 

20 to serve one additional term. 

21 ‘‘(B) Unless earlier terminated by the Secretary of 

22 Defense, a person may continue to serve as a member of 

23 the Advisory Council after the expiration of the member’s 

24 term until a successor is designated. 

25 ‘‘(C) The Secretary of Defense may terminate the ap26 pointment of a member of the Advisory Council before the 
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1 expiration of the member’s term for any reason that the 

2 Secretary determines appropriate. 

3 ‘‘(3) The Secretary of Defense shall designate one 

4 member of the Advisory Council to serve as the chair of 

5 the Advisory Council. 

6 ‘‘(c) DUTIES.—(1) The Advisory Council shall pro7 vide to the Chief Operating Officer and the Administrator 

8 of each facility such observations, advice, and rec9 ommendations regarding the Retirement Home as the Ad10 visory Council considers appropriate. 

11 ‘‘(2) Not less often than annually, the Advisory Coun12 cil shall submit to the Secretary of Defense a report sum13 marizing its activities during the preceding year and pro14 viding such observations and recommendations with re15 spect to the Retirement Home as the Advisory Council 

16 considers appropriate. 

17 ‘‘(3) In carrying out its duties, the Advisory Council 

18 shall provide for participation in its activities by a rep19 resentative of the resident advisory committee of each fa20 cility of the Retirement Home.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) DEFINITION.—Paragraph (2) of section 

23 1502 (24 U.S.C. 401) is amended to read as follows: 
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1 ‘‘(2) The term ‘Advisory Council’ means the 

2 Armed Forces Retirement Home Advisory Council 

3 established by section 1516.’’. 

4 (2) RESPONSIBILITIES AND DUTIES OF SENIOR

5 MEDICAL ADVISOR.—Section 1513A(b) (24 U.S.C. 

6 413a(b)) is amended— 

7 (A) in paragraph (1), by striking ‘‘and the 

8 Chief Operating Officer’’ and inserting ‘‘, the 

9 Chief Operating Officer, and the Advisory 

10 Council’’; and 

11 (B) in paragraph (2), by striking ‘‘to the 

12 Local Board’’ and all that follows and inserting 

13 ‘‘to the Advisory Council regarding all medical 

14 and medical administrative matters of each fa15 cility of the Retirement Home.’’. 

16 (3) RESPONSIBILITIES OF CHIEF OPERATING

17 OFFICER.—Section 1515(c)(2) (24 U.S.C. 415(c)(2)) 

18 is amended by striking ‘‘, including the Local 

19 Boards of those facilities’’. 

20 (4) INSPECTION OF RETIREMENT HOME.—Sec21 tion 1518 (24 U.S.C. 418) is amended by striking 

22 ‘‘Local Board for the facility’’ each place it appears 

23 and inserting ‘‘Advisory Council’’. 
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1 SEC. 1426. ADMINISTRATORS AND OMBUDSMEN OF FACILI2 TIES. 

3 (a) LEADERSHIP OF FACILITIES OF THE RETIRE4 MENT HOME.—Section 1517 (24 U.S.C. 417) is amend5 ed— 

6 (1) in subsection (a), by striking ‘‘a Director, a 

7 Deputy Director, and an Associate Director’’ and in8 serting ‘‘an Administrator and an Ombudsman’’; 

9 (2) in subsections (b) and (c), by striking ‘‘Di10 rector’’ each place it appears and inserting ‘‘Admin11 istrator’’; 

12 (3) by striking subsections (d) and (e) and re13 designating subsections (f), (g), (h), and (i) as sub14 sections (d), (e), (f), and (g), respectively; 

15 (4) in subsection (d), as so redesignated, by 

16 striking ‘‘Associate Director’’ each place it appears 

17 and inserting ‘‘Ombudsman’’; 

18 (5) in subsection (e), as so redesignated— 

19 (A) by striking ‘‘Associate Director’’ and 

20 inserting ‘‘Ombudsman’’; 

21 (B) by striking ‘‘Director and Deputy Di22 rector’’ and inserting ‘‘Administrator’’; and 

23 (C) by striking ‘‘Director may’’ and insert24 ing ‘‘Administrator may’’; 
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1 (6) in subsection (f), as so redesignated, by 

2 striking ‘‘Director’’ each place it appears and insert3 ing ‘‘Administrator’’; and 

4 (7) in subsection (g), as so redesignated— 

5 (A) in paragraph (1), by striking ‘‘Direc6 tors’’ and inserting ‘‘Administrators’’; and 

7 (B) in paragraph (2), by striking ‘‘a Direc8 tor’’ and inserting ‘‘an Administrator’’. 

9 (b) CLERICAL AMENDMENTS.—Such section is fur10 ther amended— 

11 (1) in the headings of subsections (b) and (c), 

12 by striking ‘‘DIRECTOR’’ and inserting ‘‘ADMINIS13 TRATOR’’; 

14 (2) in the headings of subsection (d) and (e), as 

15 redesignated by subsection (a)(3), by striking ‘‘AS16 SOCIATE DIRECTOR’’ and inserting ‘‘OMBUDSMAN’’; 

17 and 

18 (3) in the heading of subsection (g), as so re19 designated, by striking ‘‘DIRECTORS’’ and inserting 

20 ‘‘ADMINISTRATORS’’. 

21 (c) CONFORMING AMENDMENTS.— 

22 (1) The following provisions are amended by 

23 striking ‘‘Director’’ each place it appears and insert24 ing ‘‘Administrator’’: sections 1511(d)(2), 1512(c), 

25 1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 
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1 1522, and 1523(b) (24 U.S.C. 411(d)(2), 412(c), 

2 414(a), 418(c), 418(d)(2), 420, 422, 423(b)). 

3 (2) Sections 1514(b) and 1520(c) (24 U.S.C. 

4 414(b), 420(c)) are amended by striking ‘‘Directors’’ 

5 and inserting ‘‘Administrators’’. 

6 SEC. 1427. INSPECTION REQUIREMENTS. 

7 Section 1518 (24 U.S.C. 418) is amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘In any year in which 

11 a facility of the Retirement Home is not 

12 inspected by a nationally recognized civil13 ian accrediting organization,’’ and insert14 ing ‘‘Not less often than every three 

15 years,’’; 

16 (ii) by striking ‘‘of that facility’’ and 

17 inserting ‘‘of each facility of the Retire18 ment Home’’; 

19 (iii) by inserting ‘‘long-term care,’’ 

20 after ‘‘assisted living,’’; and 

21 (iv) by striking ‘‘or council’’; and 

22 (B) in paragraph (3), by striking ‘‘or coun23 cil’’; 

24 (2) in subsection (c)— 

25 (A) by striking paragraph (2); 
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1 (B) by designating the second sentence as 

2 a new paragraph (2) and indenting such para3 graph, as so designated, two ems from the left 

4 margin; and 

5 (C) in such paragraph (2), as so des6 ignated— 

7 (i) by striking ‘‘45 days’’ and insert8 ing ‘‘90 days’’; and 

9 (ii) by adding at the end the following 

10 new sentence: ‘‘The report shall include the 

11 plan of the Chief Operating Officer to ad12 dress the recommendations and other mat13 ters set forth in the report.’’; and 

14 (3) in subsection (e)(1)— 

15 (A) by striking ‘‘45 days’’ and inserting 

16 ‘‘60 days’’; 

17 (B) by striking ‘‘Director of the facility 

18 concerned’’ and inserting ‘‘Chief Operating Of19 ficer’’; and 

20 (C) by striking ‘‘, the Chief Operating Of21 ficer,’’ after ‘‘Secretary of Defense’’. 

22 SEC. 1428. REPEAL OF OBSOLETE PROVISIONS. 

23 Part B, relating to transitional provisions for the 

24 Armed Forces Retirement Home Board and the Directors 
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1 and Deputy Directors of the facilities of the Armed Forces 

2 Retirement Home, is repealed. 

3 SEC. 1429. TECHNICAL, CONFORMING, AND CLERICAL 

4 AMENDMENTS. 

5 (a) CORRECTION OF OBSOLETE REFERENCES TO RE6 TIREMENT HOME BOARD.— 

7 (1) ARMED FORCES RETIREMENT HOME ACT.— 

8 Section 1519(a)(2) (24 U.S.C. 419(a)(2)) is amend9 ed by striking ‘‘Retirement Home Board’’ and in10 serting ‘‘Chief Operating Officer’’. 

11 (2) TITLE 10, USC.—Section 2772(b) of title 

12 10, United States Code, is amended by striking 

13 ‘‘Armed Forces Retirement Home Board’’ and in14 serting ‘‘Chief Operating Officer of the Armed 

15 Forces Retirement Home’’. 

16 (b) SECTION HEADINGS.— 

17 (1) SECTION 1501.—The heading of section 

18 1501 is amended to read as follows: 

19 ‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 

20 (2) SECTION 1513.—The heading of section 

21 1513 is amended to read as follows: 

22 ‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 

23 (3) SECTION 1513A.—The heading of section 

24 1513A is amended to read as follows: 
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1 ‘‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO 

2 RESIDENTS.’’. 

3 (4) SECTION 1517.—The heading of section 

4 1517 is amended to read as follows: 

5 ‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 

6 FACILITIES.’’. 

7 (5) SECTION 1518.—The heading of section 

8 1518 is amended to read as follows: 

9 ‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME 

10 FACILITIES BY DEPARTMENT OF DEFENSE 

11 INSPECTOR GENERAL AND OUTSIDE INSPEC12 TORS.’’. 

13 (6) PUNCTUATION.—The headings of sections 

14 1512 and 1520 are each amended by adding a pe15 riod at the end. 

16 (c) PART A HEADER.—The heading for part A is re17 pealed. 

18 (d) TABLE OF CONTENTS.—The table of contents in 

19 section 1501(b) is amended— 

20 (1) by striking the item relating to the heading 

21 for part A; 

22 (2) by striking the items relating to sections 

23 1513 and 1513A and inserting the following new 

24 items: 

‘‘Sec. 1513. Services provided to residents. 

‘‘Sec. 1513A. Oversight of health care provided to residents.’’; 
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1 (3) by striking the items relating to sections 

2 1516, 1517, and 1518 and inserting the following 

3 new items: 

‘‘Sec. 1516. Advisory Council. 

‘‘Sec. 1517. Administrators, Ombudsmen, and staff of facilities. 

‘‘Sec. 1518. Periodic inspection of Retirement Home facilities by Department 

of Defense Inspector General and outside inspectors.’’; and 

4 (4) by striking the items relating to part B (in5 cluding the items relating to sections 1531, 1532, 

6 and 1533). 

7 Subtitle D—Other Matters 

8 SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

9 DEPARTMENT OF DEFENSE–DEPARTMENT OF 

10 VETERANS AFFAIRS MEDICAL FACILITY DEM11 ONSTRATION FUND FOR CAPTAIN JAMES A. 

12 LOVELL HEALTH CARE CENTER, ILLINOIS. 

13 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Funds 

14 authorized to be appropriated by section 1403 and avail15 able for Defense Health Program for operation and main16 tenance as specified in the funding table in section 4401 

17 may be transferred by the Secretary of Defense to the 

18 Joint Department of Defense–Department of Veterans Af19 fairs Medical Facility Demonstration Fund established by 

20 subsection (a)(1) of section 1704 of the National Defense 

21 Authorization Act for Fiscal Year 2010 (Public Law 111– 

22 84; 123 Stat. 2571). For purposes of subsection (a)(2) 

23 of such section 1704, any funds so transferred shall be 
621 

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1 treated as amounts authorized and appropriated for the 

2 Department of Defense specifically for such transfer. 

3 (b) USE OF TRANSFERRED FUNDS.—For purposes 

4 of subsection (b) of such section 1704, facility operations 

5 for which funds transferred under subsection (a) may be 

6 used are operations of the Captain James A. Lovell Fed7 eral Health Care Center, consisting of the North Chicago 

8 Veterans Affairs Medical Center, the Navy Ambulatory 

9 Care Center, and supporting facilities designated as a 

10 combined Federal medical facility under an operational 

11 agreement pursuant to section 706 of the Duncan Hunter 

12 National Defense Authorization Act for Fiscal Year 2009 

13 (Public Law 110–417; 122 Stat. 455). 

14 TITLE XV—AUTHORIZATION OF 

15 APPROPRIATIONS FOR OVER16 SEAS CONTINGENCY OPER17 ATIONS 

18 Subtitle A—Authorization of 

19 Appropriations 

20 SEC. 1501. PURPOSE. 

21 The purpose of this subtitle is to authorize appropria22 tions for the Department of Defense for fiscal year 2012 

23 to provide additional funds for overseas contingency oper24 ations being carried out by the Armed Forces. 
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1 SEC. 1502. PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2012 for procurement accounts for the Army, 

4 the Navy and the Marine Corps, the Air Force, and De5 fense-wide activities, as specified in the funding table in 

6 section 4102. 

7 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA8 TION. 

9 Funds are hereby authorized to be appropriated for 

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

11 for research, development, test, and evaluation, as speci12 fied in the funding table in section 4202. 

13 SEC. 1504. OPERATION AND MAINTENANCE. 

14 Funds are hereby authorized to be appropriated for 

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

16 activities and agencies of the Department of Defense for 

17 expenses, not otherwise provided for, for operation and 

18 maintenance, as specified in the funding table in section 

19 4302. 

20 SEC. 1505. MILITARY PERSONNEL. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2012 for the Department of Defense for mili23 tary personnel in the amount of $10,228,566,000. 

24 SEC. 1506. WORKING CAPITAL FUNDS. 

25 Funds are hereby authorized to be appropriated for 

26 fiscal year 2012 for the use of the Armed Forces and other 
623 

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1 activities and agencies of the Department of Defense for 

2 providing capital for working capital and revolving funds, 

3 as specified in the funding table in section 4402. 

4 SEC. 1507. DEFENSE HEALTH PROGRAM. 

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 Defense Health 

8 Program, as specified in the funding table in section 4402. 

9 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC10 TIVITIES, DEFENSE-WIDE. 

11 Funds are hereby authorized to be appropriated for 

12 the Department of Defense for fiscal year 2012 for ex13 penses, not otherwise provided for, for Drug Interdiction 

14 and Counter-Drug Activities, Defense-wide, as specified in 

15 the funding table in section 4402. 

16 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2012 for ex19 penses, not otherwise provided for, for the Office of the 

20 Inspector General of the Department of Defense, as speci21 fied in the funding table in section 4402. 
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1 Subtitle B—Financial Matters 

2 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

3 The amounts authorized to be appropriated by this 

4 title are in addition to amounts otherwise authorized to 

5 be appropriated by this Act. 

6 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

7 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

8 (1) AUTHORITY.—Upon determination by the 

9 Secretary of Defense that such action is necessary in 

10 the national interest, the Secretary may transfer 

11 amounts of authorizations made available to the De12 partment of Defense in this title for fiscal year 2012 

13 between any such authorizations for that fiscal year 

14 (or any subdivisions thereof). Amounts of authoriza15 tions so transferred shall be merged with and be 

16 available for the same purposes as the authorization 

17 to which transferred. 

18 (2) LIMITATION.—The total amount of author19 izations that the Secretary may transfer under the 

20 authority of this subsection may not exceed 

21 $4,000,000,000. 

22 (b) TERMS AND CONDITIONS.—Transfers under this 

23 section shall be subject to the same terms and conditions 

24 as transfers under section 1001. 
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1 (c) ADDITIONAL AUTHORITY.—The transfer author2 ity provided by this section is in addition to the transfer 

3 authority provided under section 1001. 

4 Subtitle C—Other Matters 

5 SEC. 1531. ONE-YEAR EXTENSION AND MODIFICATION OF 

6 AUTHORITY FOR TASK FORCE FOR BUSINESS 

7 AND STABILITY OPERATIONS IN AFGHANI8 STAN. 

9 (a) ENHANCEMENT OF AUTHORITY.—Subsection (a) 

10 of section 1535 of the Ike Skelton National Defense Au11 thorization Act for Fiscal Year 2011 (Public Law 111– 

12 383; 124 Stat. 4426) is amended— 

13 (1) in paragraph (3), by striking ‘‘may include 

14 projects’’ and all that follows and inserting ‘‘may in15 clude projects that facilitate private investment, min16 ing sector development, industrial development, and 

17 other projects determined by the Secretary of De18 fense, with the concurrence of the Secretary of 

19 State, as strengthening stability or providing stra20 tegic support to the counterinsurgency campaign in 

21 Afghanistan.’’; 

22 (2) in paragraph (4), by striking ‘‘The’’ and in23 serting ‘‘During each of fiscal years 2011 and 2012, 

24 the’’; 
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1 (3) by redesignating paragraphs (5), (6), and 

2 (7) as paragraphs (6), (7), and (8), respectively; and 

3 (4) by inserting after paragraph (4) the fol4 lowing new paragraph (5): 

5 ‘‘(5) AVAILABILITY OF FUNDS FOR ACTIVITIES

6 ACROSS FISCAL YEARS.—Amounts available to carry 

7 out the authority in paragraph (1) shall be available 

8 for projects under that authority that begin in a fis9 cal year and end in the following fiscal year.’’. 

10 (b) ONE-YEAR EXTENSION OF AUTHORITY.—Para11 graph (8) of such subsection, as redesignated by sub12 section (a)(3) of this section, is further amended to read 

13 as follows: 

14 ‘‘(8) EXPIRATION OF AUTHORITY.—A project 

15 may not be commenced under the authority in para16 graph (1) after September 30, 2012.’’. 

17 (c) ANNUAL REPORTS.—Paragraph (7) of such sub18 section, as so redesignated, is further amended— 

19 (1) in the matter preceding subparagraph (A), 

20 by striking ‘‘, 2011’’ and inserting ‘‘of each year fol21 lowing a fiscal year in which the authority in para22 graph (1) is exercised’’; and 

23 (2) in subparagraph (A), by striking ‘‘during 

24 fiscal year 2011’’ and inserting ‘‘during that fiscal 

25 year’’. 
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1 (d) AUTHORITY FOR ADDITIONAL REPRESENTATIVES

2 ON TASK FORCE.—Such section is further amended— 

3 (1) by redesignating subsections (c) and (d) as 

4 subsections (d) and (e), respectively; and 

5 (2) by inserting after subsection (b) the fol6 lowing new subsection (c): 

7 ‘‘(c) ADDITIONAL MEMBERS.—The members of the 

8 Task Force for Business and Stability Operations in Af9 ghanistan may include the following: 

10 ‘‘(1) A representative of the Department of 

11 State, designated by the Secretary of State. 

12 ‘‘(2) A representative of the United States 

13 Agency for International Development, designated 

14 by the Administrator of the United States Agency 

15 for International Development.’’. 

16 SEC. 1532. MODIFICATION OF AVAILABILITY OF FUNDS IN 

17 AFGHANISTAN SECURITY FORCES FUND. 

18 (a) LIMITATIONS.—Funds available to the Depart19 ment of Defense for the Afghanistan Security Forces 

20 Fund for fiscal year 2012 shall be subject to the condi21 tions contained in subsections (b) through (g) of section 

22 1513 of the National Defense Authorization Act for Fiscal 

23 Year 2008 (Public Law 110–181; 122 Stat. 428), as 

24 amended by section 1531(b) of the Ike Skelton National 
628 

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1 Defense Authorization Act for Fiscal Year 2011 (Public 

2 Law 111–383; 124 Stat. 4424). 

3 (b) AVAILABILITY FOR LITERACY INSTRUCTION AND

4 TRAINING.—Assistance provided utilizing funds in the Af5 ghanistan Security Forces Fund may include literacy in6 struction and training to build the logistical, management, 

7 and administrative capacity of military and civilian per8 sonnel of the Ministry of Defense and Ministry of Interior, 

9 including through instruction at training facilities of the 

10 North Atlantic Treaty Organization Training Mission in 

11 Afghanistan. 

12 SEC. 1533. LIMITATION ON AVAILABILITY OF FUNDS FOR 

13 TRANS REGIONAL WEB INITIATIVE. 

14 None of the amounts authorized to be appropriated 

15 by this Act may be obligated or expended on any program 

16 under the Trans Regional Web Initiative of the Depart17 ment of Defense, or any similar initiative, until the Sec18 retary of Defense certifies, in writing, to the Committees 

19 on Armed Services of the Senate and the House of Rep20 resentatives that such program— 

21 (1) appropriately defines its target audience; 

22 (2) is determined to be the most effective meth23 od to reach such target audience; 

24 (3) is the most cost-effective means of reaching 

25 such target audience; and 
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1 (4) includes measurement mechanisms to en2 sure such target audience is being reached. 

3 SEC. 1534. REPORT ON LESSONS LEARNED FROM DEPART4 MENT OF DEFENSE PARTICIPATION ON 

5 INTERAGENCY TEAMS FOR COUNTERTER6 RORISM OPERATIONS IN AFGHANISTAN AND 

7 IRAQ. 

8 (a) REPORT REQUIRED.—Not later than one year 

9 after the date of the enactment of this Act, the Secretary 

10 of Defense shall submit to the congressional defense com11 mittees a report on the lessons learned from Department 

12 of Defense participation on interagency teams for counter13 terrorism operations on Afghanistan and Iraq. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a) shall include the following: 

16 (1) An assessment of the value of interagency 

17 teams in counterterrorism operations. 

18 (2) A description of the best practices of such 

19 interagency teams. 

20 (3) A description of efforts to codify the best 

21 practices of interagency teams described under para22 graph (2) in military doctrine. 

23 (4) An assessment whether the lessons learned 

24 through Department of Defense participation on 

25 such interagency teams is applicable to other inter-
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1 agency teams in which Department personnel par2 ticipate. 

3 (5) An assessment of the feasibility and advis4 ability of adding a skill identifier to track Depart5 ment civilian and military personnel who have suc6 cessfully supported, participated on, or led an inter7 agency team. 

8 (6) A description of the additional authorities, 

9 if any, needed to permit Department personnel to 

10 more effectively support, participate on, or lead an 

11 interagency team. 

12 TITLE XVI—NATIONAL GUARD 

13 EMPOWERMENT 

14 SEC. 1601. SHORT TITLE. 

15 This title may be cited as the ‘‘National Guard Em16 powerment and State-National Defense Integration Act of 

17 2011’’. 

18 SEC. 1602. REESTABLISHMENT OF POSITION OF VICE CHIEF 

19 OF THE NATIONAL GUARD BUREAU AND TER20 MINATION OF POSITION OF DIRECTOR OF 

21 THE JOINT STAFF OF THE NATIONAL GUARD 

22 BUREAU. 

23 (a) REESTABLISHMENT AND TERMINATION OF POSI24 TIONS.—Section 10505 of title 10, United States Code, 

25 is amended to read as follows: 
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1 ‘‘§ 10505. Vice Chief of the National Guard Bureau 

2 ‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the 

3 National Guard Bureau, selected by the Secretary of De4 fense from officers of the Army National Guard of the 

5 United States or the Air National Guard of the United 

6 States who— 

7 ‘‘(A) are recommended for such appointment by 

8 their respective Governors or, in the case of the Dis9 trict of Columbia, the commanding general of the 

10 District of Columbia National Guard; 

11 ‘‘(B) have had at least 10 years of federally rec12 ognized service in an active status in the National 

13 Guard; and 

14 ‘‘(C) are in a grade above the grade of brigadier 

15 general. 

16 ‘‘(2) The Chief and Vice Chief of the National Guard 

17 Bureau may not both be members of the Army or of the 

18 Air Force. 

19 ‘‘(3)(A) Except as provided in subparagraph (B), an 

20 officer appointed as Vice Chief of the National Guard Bu21 reau serves for a term of four years, but may be removed 

22 from office at any time for cause. 

23 ‘‘(B) The term of the Vice Chief of the National 

24 Guard Bureau shall end within a reasonable time (as de25 termined by the Secretary of Defense) following the ap-
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1 pointment of a Chief of the National Guard Bureau who 

2 is a member of the same armed force as the Vice Chief. 

3 ‘‘(b) DUTIES.—The Vice Chief of the National Guard 

4 Bureau performs such duties as may be prescribed by the 

5 Chief of the National Guard Bureau. 

6 ‘‘(c) GRADE.—The Vice Chief of the National Guard 

7 Bureau shall be appointed to serve in the grade of lieuten8 ant general. 

9 ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is 

10 a vacancy in the office of the Chief of the National Guard 

11 Bureau or in the absence or disability of the Chief, the 

12 Vice Chief of the National Guard Bureau acts as Chief 

13 and performs the duties of the Chief until a successor is 

14 appointed or the absence of disability ceases.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) Section 10502 of such title is amended by 

17 striking subsection (e). 

18 (2) Section 10506(a)(1) of such title is amend19 ed by striking ‘‘and the Director of the Joint Staff 

20 of the National Guard Bureau’’ and inserting ‘‘and 

21 the Vice Chief of the National Guard Bureau’’. 

22 (c) CLERICAL AMENDMENTS.— 

23 (1) HEADING AMENDMENT.—The heading of 

24 section 10502 of such title is amended to read as 

25 follows: 
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1 ‘‘§ 10502. Chief of the National Guard Bureau: ap2 pointment; advisor on National Guard 

3 matters; grade’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 1011 of such title is 

6 amended— 

7 (A) by striking the item relating to section 

8 10502 and inserting the following new item: 

‘‘10502. Chief of the National Guard Bureau: appointment; advisor on National 

Guard matters; grade.’’; 

9 and 

10 (B) by striking the item relating to section 

11 10505 and inserting the following new item: 

‘‘10505. Vice Chief of the National Guard Bureau.’’. 

12 SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL 

13 GUARD BUREAU ON THE JOINT CHIEFS OF 

14 STAFF. 

15 (a) MEMBERSHIP ON JOINT CHIEFS OF STAFF.— 

16 Section 151(a) of title 10, United States Code, is amended 

17 by adding at the end the following new paragraph: 

18 ‘‘(7) The Chief of the National Guard Bu19 reau.’’. 

20 (b) CONFORMING AMENDMENTS.—Section 10502 of 

21 such title, as amended by section 2(b)(1) of this Act, is 

22 further amended— 
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1 (1) by redesignating subsection (d) as sub2 section (e); and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsection (d): 

5 ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.—The 

6 Chief of the National Guard Bureau shall perform the du7 ties prescribed for him or her as a member of the Joint 

8 Chiefs of Staff under section 151 of this title.’’. 

9 SEC. 1604. CONTINUATION AS A PERMANENT PROGRAM 

10 AND ENHANCEMENT OF ACTIVITIES OF TASK 

11 FORCE FOR EMERGENCY READINESS PILOT 

12 PROGRAM OF THE FEDERAL EMERGENCY 

13 MANAGEMENT AGENCY. 

14 (a) CONTINUATION.— 

15 (1) CONTINUATION AS PERMANENT PRO16 GRAM.—The Administrator of the Federal Emer17 gency Management Agency shall continue the Task 

18 Force for Emergency Readiness (TFER) pilot pro19 gram of the Federal Emergency Management Agen20 cy as a permanent program of the Agency. 

21 (2) LIMITATION ON TERMINATION.—The Ad22 ministrator may not terminate the Task Force for 

23 Emergency Readiness program, as so continued, 

24 until authorized or required to terminate the pro25 gram by law. 
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1 (b) EXPANSION OF PROGRAM SCOPE.—As part of the 

2 continuation of the Task Force for Emergency Readiness 

3 program pursuant to subsection (a), the Administrator 

4 shall carry out the program in at least five States in addi5 tion to the five States in which the program is carried 

6 out as of the date of the enactment of this Act. 

7 (c) ADDITIONAL FEMA ACTIVITIES.—As part of the 

8 continuation of the Task Force for Emergency Readiness 

9 program pursuant to subsection (a), the Administrator 

10 shall— 

11 (1) establish guidelines and standards to be 

12 used by the States in strengthening the planning 

13 and planning capacities of the States with respect to 

14 responses to catastrophic disaster emergencies; and 

15 (2) develop a methodology for implementing the 

16 Task Force for Emergency Readiness that includes 

17 goals and standards for assessing the performance 

18 of the Task Force. 

19 (d) NATIONAL GUARD BUREAU ACTIVITIES.—As 

20 part of the continuation of the Task Force for Emergency 

21 Readiness program pursuant to subsection (a), the Chief 

22 of the National Guard Bureau shall— 

23 (1) assist the Administrator in the establish24 ment of the guidelines and standards, implementa-
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1 tion methodology, and performance goals and stand2 ards required by subsection (c); 

3 (2) in coordination with the Administrator— 

4 (A) identify, using catastrophic disaster re5 sponse plans for each State developed under the 

6 program, any gaps in State civilian and military 

7 response capabilities that Federal military capa8 bilities are unprepared to fill; and 

9 (B) notify the Secretary of Defense, the 

10 Commander of the United States Northern 

11 Command, and the Commander of the United 

12 States Pacific Command of any gaps in capa13 bilities identified under subparagraph (A); and 

14 (3) acting through and in coordination with the 

15 Adjutants General of the States, assist the States in 

16 the development of State plans on responses to cata17 strophic disaster emergencies. 

18 (e) ANNUAL REPORTS.—The Administrator and the 

19 Chief of the National Guard Bureau shall jointly submit 

20 to the appropriate committees of Congress each year a re21 port on activities under the Task Force for Emergency 

22 Readiness program during the preceding year. Each re23 port shall include a description of the activities under the 

24 program during the preceding year and a current assess-
637 

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1 ment of the effectiveness of the program in meeting its 

2 purposes. 

3 (f) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means— 

6 (1) the Committee on Armed Services and the 

7 Committee on Homeland Security and Governmental 

8 Affairs of the Senate; and 

9 (2) the Committee on Armed Services and the 

10 Committee on Homeland Security of the House of 

11 Representatives. 

12 SEC. 1605. REPORT ON COMPARATIVE ANALYSIS OF COSTS 

13 OF COMPARABLE UNITS OF THE RESERVE 

14 COMPONENTS AND THE REGULAR COMPO15 NENTS OF THE ARMED FORCES. 

16 (a) REPORT REQUIRED.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the congressional 

20 defense committees a report setting forth a com21 parative analysis of the costs of units of the regular 

22 components of the Armed Forces with the costs of 

23 similar units of the reserve components of the 

24 Armed Forces. The analysis shall include a separate 
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1 comparison of the costs of units in the aggregate 

2 and of the costs of units solely when on active duty. 

3 (2) SIMILAR UNITS.—For purposes of this sub4 section, units of the regular components and reserve 

5 components shall be treated as similar if such units 

6 have the same general structure, personnel, or func7 tion, or are substantially composed of personnel hav8 ing identical or similar military occupational special9 ties (MOS). 

10 (b) ASSESSMENT OF INCREASED RESERVE COMPO11 NENT PRESENCE IN TOTAL FORCE STRUCTURE.—The 

12 Secretary shall include in the report required by sub13 section (a) an assessment of the advisability of increasing 

14 the number of units and members of the reserve compo15 nents of the Armed Forces within the total force structure 

16 of the Armed Forces. The assessment shall take into ac17 count the comparative analysis conducted for purposes of 

18 subsection (a) and such other matters as the Secretary 

19 considers appropriate for purposes of the assessment. 

20 (c) COMPTROLLER GENERAL REPORT.—Not later 

21 than 180 days after the date of the submittal of the report 

22 required by subsection (a), the Comptroller General of the 

23 United States shall submit to the congressional defense 

24 committees a report setting forth a review of such report 

25 by the Comptroller General. The report of the Comptroller 
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1 General shall include an assessment of the comparative 

2 analysis contained in the report required by subsection (a) 

3 and of the assessment of the Secretary pursuant to sub4 section (b). 

5 SEC. 1606. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR 

6 THE RESERVE COMPONENTS OF THE ARMED 

7 FORCES UNDER ESTIMATED EXPENDITURES 

8 FOR PROCUREMENT IN FUTURE-YEARS DE9 FENSE PROGRAMS. 

10 Each future-years defense program submitted to 

11 Congress under section 221 of title 10, United States 

12 Code, shall, in setting forth estimated expenditures and 

13 item quantities for procurement for the Armed Forces for 

14 the fiscal years covered by such program, display sepa15 rately under such estimated expenditures and item quan16 tities the estimated expenditures for each such fiscal year 

17 for equipment for each reserve component of the Armed 

18 Forces that will receive items in any fiscal year covered 

19 by such program. 

20 SEC. 1607. ENHANCEMENT OF AUTHORITIES RELATING TO 

21 THE UNITED STATES NORTHERN COMMAND 

22 AND OTHER COMBATANT COMMANDS. 

23 (a) COMMANDS RESPONSIBLE FOR SUPPORT TO

24 CIVIL AUTHORITIES IN THE UNITED STATES.—The 

25 United States Northern Command and the United States 
640 

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1 Pacific Command shall be the combatant commands of the 

2 Armed Forces that are principally responsible for the sup3 port of civil authorities in the United States by the Armed 

4 Forces. 

5 (b) DISCHARGE OF RESPONSIBILITY.—In dis6 charging the responsibility set forth in subsection (a), the 

7 Commander of the United States Northern Command and 

8 the Commander of the United States Pacific Command 

9 shall each— 

10 (1) in consultation with and acting through the 

11 Chief of the National Guard Bureau and the Joint 

12 Force Headquarters of the National Guard of the 

13 State or States concerned, assist the States in the 

14 employment of the National Guard under State con15 trol, including National Guard operations conducted 

16 in State active duty or under title 32, United States 

17 Code; and 

18 (2) facilitate the deployment of the Armed 

19 Forces on active duty under title 10, United States 

20 Code, as necessary to augment and support the Na21 tional Guard in its support of civil authorities when 

22 National Guard operations are conducted under 

23 State control, whether in State active duty or under 

24 title 32, United States Code. 

25 (c) MEMORANDUM OF UNDERSTANDING.— 
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1 (1) MEMORANDUM REQUIRED.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Commander of the United States Northern Com4 mand, the Commander of the United States Pacific 

5 Command, and the Chief of the National Guard Bu6 reau shall, with the approval of the Secretary of De7 fense, jointly enter into a memorandum of under8 standing setting forth the operational relationships, 

9 and individual roles and responsibilities, during re10 sponses to domestic emergencies among the United 

11 States Northern Command, the United States Pa12 cific Command, and the National Guard Bureau. 

13 (2) MODIFICATION.—The Commander of the 

14 United States Northern Command, the Commander 

15 of the United States Pacific Command, and the 

16 Chief of the National Guard Bureau may from time 

17 to time modify the memorandum of understanding 

18 under this subsection to address changes in cir19 cumstances and for such other purposes as the Com20 mander of the United States Northern Command, 

21 the Commander of the United States Pacific Com22 mand, and the Chief of the National Guard Bureau 

23 jointly consider appropriate. Each such modification 

24 shall be subject to the approval of the Secretary of 

25 Defense. 
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1 (d) AUTHORITY TO MODIFY ASSIGNMENT OF COM2 MAND RESPONSIBILITY.—Nothing in this section shall be 

3 construed as altering or limiting the power of the Presi4 dent or the Secretary of Defense to modify the Unified 

5 Command Plan in order to assign all or part of the respon6 sibility described in subsection (a) to a combatant com7 mand other than the United States Northern Command 

8 or the United States Pacific Command. 

9 (e) REGULATIONS.—The Secretary of Defense shall 

10 prescribe regulations for purposes of aiding the expedi11 tious implementation of the authorities and responsibilities 

12 in this section. 

13 SEC. 1608. REQUIREMENTS RELATING TO NATIONAL 

14 GUARD OFFICERS IN CERTAIN COMMAND PO15 SITIONS. 

16 (a) COMMANDER OF ARMY NORTH COMMAND.—The 

17 officer serving in the position of Commander, Army North 

18 Command, shall be an officer in the Army National Guard 

19 of the United States. 

20 (b) COMMANDER OF AIR FORCE NORTH COM21 MAND.—The officer serving in the position of Commander, 

22 Air Force North Command, shall be an officer in the Air 

23 National Guard of the United States. 

24 (c) SENSE OF CONGRESS.—It is the sense of Con25 gress that, in assigning officers to the command positions 
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1 specified in subsections (a) and (b), the President should 

2 afford a preference in assigning officers in the Army Na3 tional Guard of the United States or Air National Guard 

4 of the United States, as applicable, who have served as 

5 the adjutant general of a State. 

6 SEC. 1609. AVAILABILITY OF FUNDS UNDER STATE PART7 NERSHIP PROGRAM FOR ADDITIONAL NA8 TIONAL GUARD CONTACTS ON MATTERS 

9 WITHIN THE CORE COMPETENCIES OF THE 

10 NATIONAL GUARD. 

11 The Secretary of Defense shall, in consultation with 

12 the Secretary of State, modify the regulations prescribed 

13 pursuant to section 1210 of the National Defense Author14 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

15 Stat. 2517; 32 U.S.C. 107 note) to provide for the use 

16 of funds available pursuant to such regulations for con17 tacts between members of the National Guard and civilian 

18 personnel of foreign governments outside the ministry of 

19 defense on matters within the core competencies of the 

20 National Guard such as the following: 

21 (1) Disaster response and mitigation. 

22 (2) Defense support to civilian authorities. 

23 (3) Consequence management and installation 

24 protection. 
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1 (4) Chemical, biological, radiological, or nuclear 

2 event (CBRNE) response. 

3 (5) Border and port security and cooperation 

4 with civilian law enforcement. 

5 (6) Search and rescue. 

6 (7) Medical matters. 

7 (8) Counterdrug and counternarcotics activities. 

8 (9) Public affairs. 

9 (10) Employer and family support of reserve 

10 forces. 

11 (11) Such other matters within the core com12 petencies of the National Guard and suitable for 

13 contacts under the State Partnership Program as 

14 the Secretary of Defense shall specify. 

15 DIVISION B—MILITARY CON16 STRUCTION AUTHORIZA17 TIONS 

18 SEC. 2001. SHORT TITLE. 

19 This division may be cited as the ‘‘Military Construc20 tion Authorization Act for Fiscal Year 2012’’. 

21 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

22 AMOUNTS REQUIRED TO BE SPECIFIED BY 

23 LAW. 

24 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

25 YEARS.—Except as provided in subsection (b), all author-
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1 izations contained in titles XXI through XXVII for mili2 tary construction projects, land acquisition, family housing 

3 projects and facilities, and contributions to the North At4 lantic Treaty Organization Security Investment Program 

5 (and authorizations of appropriations therefor) shall ex6 pire on the later of— 

7 (1) October 1, 2014; or 

8 (2) the date of the enactment of an Act author9 izing funds for military construction for fiscal year 

10 2015. 

11 (b) EXCEPTION.—Subsection (a) shall not apply to 

12 authorizations for military construction projects, land ac13 quisition, family housing projects and facilities, and con14 tributions to the North Atlantic Treaty Organization Se15 curity Investment Program (and authorizations of appro16 priations therefor), for which appropriated funds have 

17 been obligated before the later of— 

18 (1) October 1, 2014; or 

19 (2) the date of the enactment of an Act author20 izing funds for fiscal year 2015 for military con21 struction projects, land acquisition, family housing 

22 projects and facilities, or contributions to the North 

23 Atlantic Treaty Organization Security Investment 

24 Program. 
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1 SEC. 2003. FUNDING TABLES. 

2 (a) IN GENERAL.—The amounts authorized to be ap3 propriated by sections 2104, 2204, 2304, 2403, 2411, 

4 2502, and 2606 shall be available in the amounts specified 

5 in the funding table in section 4501. 

6 (b) BASE CLOSURE AND REALIGNMENT ACTIVI7 TIES.—The amounts authorized to be appropriated by sec8 tion 2703 shall be available in the amounts specified in 

9 the funding table in section 4501. 

10 TITLE XXI—ARMY 

11 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2104(1), the Secretary of the Army may 

16 acquire real property and carry out military construction 

17 projects for the installations or locations inside the United 

18 States, and in the amounts, set forth in the following 

19 table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ................... Fort Rucker ................................................. $11,600,000 

Alaska ...................... Fort Wainwright .......................................... $114,000,000 

Joint Base Elmendorf-Richardson ............... $103,600,000 

California ................. Presidio of Monterey .................................... $3,000,000 

Fort Irwin .................................................... $23,000,000 

Colorado ................... Fort Carson .................................................. $238,600,000 

Georgia .................... Fort Benning ............................................... $66,700,000 

Fort Gordon ................................................. $1,450,000 

Fort Stewart ................................................ $2,600,000 

Hawaii ..................... Fort Shafter ................................................. $17,500,000 

Schofield Barracks ....................................... $105,000,000 

Kansas ..................... Fort Riley ..................................................... $83,400,000 

Forbes Air Field .......................................... $5,300,000 
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Army: Inside the United States—Continued 

State Installation or Location Amount 

Kentucky .................. Fort Campbell .............................................. $247,500,000 

Fort Knox .................................................... $55,000,000 

Louisiana ................. Fort Polk ...................................................... $70,100,000 

Maryland .................. Aberdeen Proving Ground ............................ $78,500,000 

Fort Meade .................................................. $79,000,000 

Missouri ................... Fort Leonard Wood ..................................... $49,000,000 

New York ................. Fort Drum ................................................... $13,300,000 

North Carolina ........ Fort Bragg ................................................... $186,000,000 

Oklahoma ................. Fort Sill ....................................................... $184,600,000 

McAlester Army Ammunition Plant ............ $8,000,000 

South Carolina ......... Fort Jackson ................................................ $63,900,000 

Texas ....................... Fort Bliss ..................................................... $110,900,000 

Fort Hood .................................................... $132,000,000 

Joint Base San Antonio ............................... $10,400,000 

Red River Army Depot ................................ $44,000,000 

Utah ......................... Dugway Proving Ground ............................. $32,000,000 

Virginia .................... Fort Belvoir ................................................. $52,000,000 

Joint Base Langley Eustis ........................... $26,000,000 

Washington .............. Joint Base Lewis McChord .......................... $296,300,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................ Bagram Air Base ...................................... $80,000,000 

Germany ..................... Grafenwoehr .............................................. $22,500,000 

Landstuhl .................................................. $63,000,000 

Oberdachstetten ......................................... $12,200,000 

Kelley Barracks ......................................... $12,200,000 

Vilseck ....................................................... $20,000,000 

Korea .......................... Camp Carroll ............................................. $41,000,000 

Camp Henry .............................................. $48,000,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(5)(A), the Secretary of the 
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1 Army may construct or acquire family housing units (in2 cluding land acquisition and supporting facilities) at the 

3 installations or locations, in the number of units, and in 

4 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany ....................... Baumholder .................. 64 ................... $34,329,000 

Illesheim ....................... 80 ................... $41,000,000 

Vilseck .......................... 22 ................... $12,000,000 

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in 

7 section 2104(5)(A), the Secretary of the Army may carry 

8 out architectural and engineering services and construc9 tion design activities with respect to the construction or 

10 improvement of family housing units in an amount not 

11 to exceed $7,897,000. 

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

13 UNITS. 

14 Subject to section 2825 of title 10, United States 

15 Code, and using amounts appropriated pursuant to the 

16 authorization of appropriations in section 2104(5)(A), the 

17 Secretary of the Army may improve existing military fam18 ily housing units in an amount not to exceed 

19 $103,000,000. 

20 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2011, for mili-
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1 tary construction, land acquisition, and military family 

2 housing functions of the Department of the Army in the 

3 total amount of $3,643,146,000, as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2101(a), 

6 $2,400,250,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2101(b), 

9 $298,900,000. 

10 (3) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, 

12 United States Code, $20,000,000. 

13 (4) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $195,241,000. 

16 (5) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military 

19 family housing and facilities, $176,897,000. 

20 (B) For support of military family housing 

21 (including the functions described in section 

22 2833 of title 10, United States Code), 

23 $494,858,000. 

24 (6) For the construction of increment 1 of an 

25 aviation complex, phase 3A at Fort Wainwright, 
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1 Alaska, authorized by section 2101(a) of this Act, 

2 $57,000,000. 

3 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2009 PROJECT. 

5 In the case of the authorization contained in the table 

6 in section 2101(a) of the Military Construction Authoriza7 tion Act for Fiscal Year 2009 (division B of Public Law 

8 110–417; 122 Stat. 4658) for Fort Benning, Georgia, for 

9 construction of a Multipurpose Training Range at the in10 stallation, the Secretary of the Army may construct up 

11 to 1,802 square feet of loading dock consistent with the 

12 Army’s construction guidelines for Multipurpose Training 

13 Ranges. 

14 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2010 PROJECT. 

16 In the case of the authorization contained in the table 

17 in section 2101(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2010 (division B of Public Law 

19 111–84; 123 Stat. 2629) for Joint Base Lewis-McChord, 

20 Washington, for construction of an access road adjoining 

21 McChord Air Force Base and Fort Lewis, the Secretary 

22 of the Army may construct a secure elevated roadway over 

23 the existing railroad and public road in lieu of an on-grade 

24 road and access control point. 
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1 SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2011 PROJECTS. 

3 (a) HAWAII.—In the case of the authorization con4 tained in the table in section 2101(a) of the Military Con5 struction Authorization Act for Fiscal Year 2011 (division 

6 B of Public Law 111–383; 124 Stat. 4437) for Schofield 

7 Barracks, Hawaii, for renovations of buildings 450 and 

8 452, the Secretary of the Army may renovate building 451 

9 in lieu of building 452. 

10 (b) NEW YORK.—In the case of the authorization 

11 contained in the table in section 2101(a) of the Military 

12 Construction Authorization Act for Fiscal Year 2011 (di13 vision B of Public Law 111–383; 124 Stat. 4437) for Fort 

14 Drum, New York, for construction of an Aircraft Mainte15 nance Hangar at the installation, the Secretary of the 

16 Army may construct up to 39,049 square yards of parking 

17 apron consistent with the Army’s construction guidelines 

18 for Aircraft Maintenance Hangars and associated parking 

19 aprons. 

20 (c) GERMANY.—In the case of the authorization con21 tained in the table in section 2101(b) of the Military Con22 struction Authorization Act for Fiscal Year 2011 (division 

23 B of Public Law 111–383; 124 Stat. 4438) for Wiesbaden 

24 Air Base, Germany, for construction of an Information 

25 Processing Center at the installation, the Secretary of the 

26 Army may construct up to 9,400 square yards of vehicle 
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1 parking garage consistent with the Army’s construction 

2 guidelines for parking garages, in lieu of renovating 9,400 

3 square yards of parking area. 

4 SEC. 2108. ADDITIONAL AUTHORITY TO CARRY OUT CER5 TAIN FISCAL YEAR 2012 PROJECT. 

6 (a) PROJECT AUTHORIZATION.—The Secretary of 

7 the Army may carry out a military construction project 

8 to construct a water treatment facility for Fort Irwin, 

9 California, in the amount of $115,000,000. 

10 (b) USE OF UNOBLIGATED PRIOR-YEAR ARMY MILI11 TARY CONSTRUCTION FUNDS.—The Secretary may use 

12 available, unobligated Army military construction funds 

13 appropriated for a fiscal year before fiscal year 2012 for 

14 the project described in subsection (a). 

15 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

16 of the Army shall provide information in accordance with 

17 section 2851(c) of title 10, United States Code, regarding 

18 the project described in subsection (a). If it becomes nec19 essary to exceed the estimated project cost, the Secretary 

20 shall utilize the authority provided by section 2853 of such 

21 title regarding authorized cost and scope of work vari22 ations. 
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1 SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2008 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2008 (division B of Public Law 110–181; 122 Stat. 

6 503), authorizations set forth in the table in subsection 

7 (b), as provided in section 2101 of that Act (122 Stat. 

8 504), shall remain in effect until October 1, 2012, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2013, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Louisiana ........... Fort Polk ......... Child Care Facility .................... $6,100,000 

Missouri ............. Fort Leonard 

Wood ............ Multipurpose Machine Gun 

Range ..................................... $4,150,000 

13 SEC. 2110. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2009 PROJECTS. 

15 (a) EXTENSION.—Notwithstanding section 2002 of 

16 the Military Construction Authorization Act for Fiscal 

17 Year 2009 (division B of Public Law 110–417; 122 Stat. 

18 4658), authorizations set forth in the table in subsection 

19 (b), as provided in section 2101 of that Act (122 Stat. 

20 504), shall remain in effect until October 1, 2012, or the 
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1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2013, whichever is later. 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows: 

Army: Extension of 2009 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Alabama ............. Anniston Army 

Depot ................ Lake Yard Interchange ......... $1,400,000 

Hawaii ............... Schofield Barracks Brigade Complex ................... $65,000,000 

Schofield Barracks Battalion Complex ................. $69,000,000 

Schofield Barracks Battalion Complex ................. $27,000,000 

Schofield Barracks Infrastructure Expansion ...... $76,000,000 

New Jersey ........ Picatinny Arsenal Ballistic Evaluation Facility 

Phase I .............................. $9,900,000 

Virginia .............. Fort Eustis .......... Vehicle Paint Facility ............ $3,900,000 

5 SEC. 2111. TECHNICAL AMENDMENTS TO CORRECT CER6 TAIN PROJECT SPECIFICATIONS. 

7 The table in section 3002 of the Ike Skelton National 

8 Defense Authorization Act for Fiscal Year 2011 (Public 

9 Law 111–383; 124 Stat. 4503) is amended— 

10 (1) in the item for the Army relating to ‘‘Entry 

11 Control Point and Access Roads’’ that appears im12 mediately below the item relating to ‘‘Vet Clinic & 

13 Kennel’’ at Bagram Air Force Base, by striking 

14 ‘‘Delaram Ii’’ in the State/Country and Installation 

15 column and inserting ‘‘Delaram II’’; and 

16 (2) in the item for the Army that appears im17 mediately below the item relating to ‘‘Electrical Util18 ity Systems, Ph.2’’ at the Shank installation, by 

19 striking ‘‘Expand Extended Cooperation Programme 
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1 I and Extended Cooperation Programme 2’’ in the 

2 Project Title column and inserting ‘‘Expand Entry 

3 Control Point 1 and Entry Control Point 2’’. 

4 SEC. 2112. REDUCTION OF ARMY MILITARY CONSTRUCTION 

5 AUTHORIZATION. 

6 Amounts previously authorized for military construc7 tion, land acquisition, and military family housing func8 tions of the Department of the Army for fiscal years prior 

9 to fiscal year 2012 are hereby reduced by $100,000,000. 

10 SEC. 2113. TOUR NORMALIZATION. 

11 None of the funds authorized to be appropriated 

12 under this Act may be obligated or expended for tour nor13 malization until— 

14 (1) the Director of Cost Assessment and Pro15 gram Evaluation conducts an analysis of alternatives 

16 to tour normalization that identifies alternative 

17 courses of action and their associated life cycle costs, 

18 potential benefits, advantages, and disadvantages; 

19 (2) the Secretary of the Army submits to the 

20 congressional defense committees a master plan for 

21 completing all phases of tour normalization that in22 cludes a detailed description of all costs and a sched23 ule for the construction of necessary facilities and 

24 infrastructure; and 
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1 (3) legislation enacted after the date of the en2 actment of this Act authorizes the obligation of 

3 funds for such purpose. 

4 TITLE XXII—NAVY 

5 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(1), the Secretary of the Navy may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations inside the United 

12 States, and in the amounts, set forth in the following 

13 table: 

Inside the United States 

State Installation or Location Amount 

Arizona ................... Marine Corps Air Station, Yuma .................. $162,785,000 

California ................ Marine Corps Base, Camp Pendleton ........... $335,080,000 

Naval Base, Coronado ................................... $93,735,000 

Marine Corps Base, Twentynine Palms ........ $67,109,000 

Marine Corps Logistics Base, Barstow ......... $8,590,000 

Marine Corps Mountain Warfare Training 

Center, Bridgeport .................................... $16,138,000 

Naval Base Ventura County Point Mugu ..... $15,377,000 

Florida .................... Naval Air Station, Jacksonville .................... $36,552,000 

Naval Station, Mayport ................................ $14,998,000 

Naval Air Station, Whiting Field (Eglin Air 

Force Base) ............................................... $20,620,000 

Georgia ................... Naval Submarine Base, Kings Bay .............. $86,063,000 

Hawaii .................... Marine Corps Base, Kaneohe Bay ................ $57,704,000 

Pacific Missile Range Facility, Barking 

Sands ......................................................... $9,679,000 

Joint Base Pearl Harbor-Hickam ................. $7,492,000 

Illinois ..................... Naval Station, Great Lakes .......................... $91,042,000 

Maryland ................ Naval Support Facility, Indian Head ........... $67,779,000 

Naval Air Station, Patuxent River ............... $45,844,000 

North Carolina ....... Marine Corps Base, Camp Lejeune .............. $200,482,000 

Marine Corps Air Station, Cherry Point ...... $17,760,000 

Marine Corps Air Station, New River .......... $78,930,000 

South Carolina ........ Marine Corps Air Station, Beaufort ............. $21,096,000 

Virginia ................... Naval Station, Norfolk .................................. $81,304,000 

Naval Support Activity, Norfolk ................... $26,924,000 

Naval Ship Yard, Portsmouth ...................... $74,864,000 

Marine Corps Base, Quantico ....................... $183,690,000 
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Inside the United States—Continued 

State Installation or Location Amount 

Washington ............. Naval Base Kitsap, Bremerton (Puget 

Sound Ship Yard) ..................................... $13,341,000 

Naval Base Kitsap, Bremerton (Bangor) ..... $758,842,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Djibouti ...................... Camp Lemonier ............................................ $89,499,000 

Diego Garcia .............. Naval Support Facility, Diego Garcia ......... $35,444,000 

8 SEC. 2202. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2204(5)(A), the Sec11 retary of the Navy may carry out architectural and engi12 neering services and construction design activities with re13 spect to the construction or improvement of family hous14 ing units in an amount not to exceed $3,199,000. 

15 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

16 UNITS. 

17 Subject to section 2825 of title 10, United States 

18 Code, and using amounts appropriated pursuant to the 

19 authorization of appropriations in section 2204(5)(A), the 
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1 Secretary of the Navy may improve existing military fam2 ily housing units in an amount not to exceed $97,773,000. 

3 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal years beginning after September 30, 2011, for mili6 tary construction, land acquisition, and military family 

7 housing functions of the Department of the Navy in the 

8 total amount of $2,641,457,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2201(a), 

11 $1,956,822,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2201(b), 

14 $124,943,000. 

15 (3) For unspecified minor military construction 

16 projects authorized by section 2805 of title 10, 

17 United States Code, $21,495,000. 

18 (4) For architectural and engineering services 

19 and construction design under section 2807 of title 

20 10, United States Code, $69,362,000. 

21 (5) For military family housing functions: 

22 (A) For construction and acquisition, plan23 ning and design, and improvement of military 

24 family housing and facilities, $100,972,000. 
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1 (B) For support of military family housing 

2 (including functions described in section 2833 

3 of title 10, United States Code), $367,863,000. 

4 SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN 

5 FISCAL YEAR 2008 PROJECT. 

6 (a) EXTENSION.—Notwithstanding section 2002 of 

7 the Military Construction Authorization Act for Fiscal 

8 Year 2008 (division B of Public Law 110–181; 122 Stat. 

9 503), the authorization set forth in the table in subsection 

10 (b), as provided in section 2201(c) of that Act (122 Stat. 

11 511) and extended by section 2206 of the Military Con12 struction Authorization Act for Fiscal Year 2011 (division 

13 B of Public Law 111–383; 124 Stat. 4443), shall remain 

14 in effect until October 1, 2012, or the date of an Act au15 thorizing funds for military construction for fiscal year 

16 2013, whichever is later. 

17 (b) TABLE.—The table referred to in subsection (a) 

18 is as follows: 

Navy: Extension of 2008 Project Authorization 

State/Country Installation or Location Project Amount 

Worldwide Unspecified ........................ Various ...................... Host Nation Infrastructure ................ $2,700,000 

19 (c) TECHNICAL AMENDMENT FOR CONSISTENCY IN

20 PROJECT AUTHORIZATION DISPLAY.—The table in sec21 tion 2201(c) of the Military Construction Authorization 
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1 Act for Fiscal Year 2008 (division B of Public Law 110– 

2 181; 122 Stat. 511) is amended to read as follows: 

Navy: Worldwide Unspecified 

State/Country Installation or Location Project Amount 

Worldwide Unspecified ........................ Various ...................... Wharf Utilities Upgrade ..................... $8,900,000 

Worldwide Unspecified ........................ Various ...................... Host Nation Infrastructure ................ $2,700,000 

3 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2009 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2009 (division B of Public Law 110–417; 122 Stat. 

8 4658), the authorization set forth in the table in sub9 section (b), as provided in section 2201 of that Act (122 

10 Stat 4670), shall remain in effect until October 1, 2012, 

11 or the date of an Act authorizing funds for military con12 struction for fiscal year 2013, whichever is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 is as follows: 

Navy: Extension of 2009 Project Authorizations 

State/Country Installation or Location Project Amount 

California ........... Marine Corps Base, 

Camp Pendelton ... Operations Assess Points, 

Red Beach ..................... $11,970,000 

Marine Corps Air 

Station, Miramar .. Emergency Response Station ................................ $6,530,000 

District of Columbia ............ Washington Navy 

Yard ...................... Child Development Center $9,340,000 
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1 SEC. 2207. REDUCTION OF NAVY MILITARY CONSTRUCTION 

2 AUTHORIZATION. 

3 Amounts previously authorized for military construc4 tion, land acquisition, and military family housing func5 tions of the Department of the Navy for fiscal years prior 

6 to fiscal year 2012 are hereby reduced by $25,000,000. 

7 SEC. 2208. GUAM REALIGNMENT. 

8 None of the funds authorized to be appropriated 

9 under this title, or amounts provided by the Government 

10 of Japan for military construction activities on land under 

11 the jurisdiction of the Department of Defense, may be ob12 ligated or expended to implement the realignment of 

13 United States Marine Corps forces from Okinawa to 

14 Guam as envisioned in the United States–Japan Roadmap 

15 for Realignment Implementation issued May 1, 2006, 

16 until— 

17 (1) the Commandant of the Marine Corps pro18 vides the congressional defense committees the Com19 mandant’s preferred force lay-down for the United 

20 States Pacific Command Area of Responsibility; 

21 (2) the Secretary of Defense submits to the 

22 congressional defense committees a master plan for 

23 the construction of facilities and infrastructure to 

24 execute the Commandant’s preferred force lay-down 

25 on Guam, including a detailed description of costs 

26 and a schedule for such construction; 
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1 (3) the Secretary of Defense certifies to the 

2 congressional defense committees that tangible 

3 progress has been made regarding the relocation of 

4 Marine Corps Air Station Futenma; and 

5 (4) a plan coordinated by all pertinent Federal 

6 agencies is provided to the congressional defense 

7 committees detailing descriptions of work, costs, and 

8 a schedule for completion of construction, improve9 ments, and repairs to the non-military utilities, fa10 cilities, and infrastructure on Guam affected by the 

11 realignment of forces. 

12 TITLE XXIII—AIR FORCE 

13 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

14 LAND ACQUISITION PROJECTS. 

15 (a) INSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2304(1), the Secretary of the Air Force 

18 may acquire real property and carry out military construc19 tion projects for the installations or locations inside the 

20 United States, and in the amounts, set forth in the fol21 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ................................. Eielson Air Force Base ................. $45,000,000 

Joint Base Elmendorf-Richardson $97,000,000 

Arizona ............................... Davis-Monthan Air Force Base .... $33,000,000 

Luke Air Force Base .................... $24,000,000 

California ............................ Travis Air Force Base .................. $22,000,000 

Vandenberg Air Force Base .......... $14,200,000 

Colorado .............................. U.S. Air Force Academy ............... $13,400,000 

Delaware ............................. Dover Air Force Base ................... $2,800,000 
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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Kansas ................................ Fort Riley, Kansas ........................ $7,600,000 

Louisiana ............................ Barksdale Air Force Base ............ $23,500,000 

Missouri .............................. Whiteman Air Force Base ............ $4,800,000 

Nebraska ............................. Offutt Air Force Base ................... $564,000,000 

Nevada ................................ Nellis Air Force Base ................... $35,850,000 

New Mexico ........................ Cannon Air Force Base ................ $22,598,000 

Holloman Air Force Base ............. $29,200,000 

Kirtland Air Force Base ............... $25,000,000 

North Carolina ................... Pope Air Force Base ..................... $6,000,000 

North Dakota ..................... Minot Air Force Base ................... $67,800,000 

Texas .................................. Joint Base San Antonio ................ $110,000,000 

Utah .................................... Hill Air Force Base ...................... $16,500,000 

Virginia ............................... Joint Base Langley Eustis ........... $50,000,000 

Washington ......................... Fairchild Air Force Base .............. $27,600,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ..................................... Ramstein Air Base .................... $34,697,000 

Greenland ................................... Thule Air Base .......................... $28,000,000 

Guam .......................................... Joint Region Marianas .............. $64,400,000 

Italy ............................................ Naval Air Station, Signonella .... $15,000,000 

Korea .......................................... Osan Air Base ........................... $23,000,000 

8 SEC. 2302. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2304(5)(A), the Sec11 retary of the Air Force may carry out architectural and 

12 engineering services and construction design activities 

13 with respect to the construction or improvement of family 

14 housing units in an amount not to exceed $4,208,000. 
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1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2304(5)(A), the 

6 Secretary of the Air Force may improve existing military 

7 family housing units in an amount not to exceed 

8 $80,596,000. 

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

10 FORCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2011, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of the Air Force in 

15 the total amount of $1,619,423,000, as follows: 

16 (1) For military construction projects inside the 

17 United States authorized by section 2301(a), 

18 $677,848,000. 

19 (2) For military construction projects outside 

20 the United States authorized by section 2301(b), 

21 $165,897,000. 

22 (3) For unspecified minor military construction 

23 projects authorized by section 2805 of title 10, 

24 United States Code, $20,000,000. 
665 

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1 (4) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $67,913,000. 

4 (5) For military family housing functions: 

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military 

7 family housing and facilities, $84,804,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 

10 of title 10, United States Code), $404,761,000. 

11 (6) For the construction of increment 2 of the 

12 Air Force Technical Applications Center at Patrick 

13 Air Force Base, Florida, as authorized by section 

14 2301(a) of the Military Construction Authorization 

15 Act for Fiscal Year 2011 (division B of Public Law 

16 111–383; 124 Stat. 4444), $79,000,000. 

17 (7) For the construction of increment 1 of a 

18 STRATCOM replacement facility at Offutt Air 

19 Force Base, Nebraska, authorized by section 

20 2301(a) of this Act, $120,000,000. 

21 SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY 

22 OUT CERTAIN FISCAL YEAR 2010 PROJECT. 

23 In the case of the authorization contained in the table 

24 in section 2301(a) of the National Defense Authorization 

25 Act for Fiscal Year 2010 (Division B of Public Law 111– 
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1 84; 123 Stat. 2636) for Hickam Air Force Base, Hawaii, 

2 for construction of a Ground Control Tower at the instal3 lation, the Secretary of the Air Force may construct 43 

4 vertical meters (141 vertical feet) in lieu of 111 square 

5 meters (1,195 square feet), consistent with the Air Force’s 

6 construction guidelines for control towers, using amounts 

7 appropriated pursuant to authorizations of appropriations 

8 in prior years. 

9 SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN 

10 FISCAL YEAR 2009 PROJECT. 

11 (a) EXTENSION.—Notwithstanding section 2002 of 

12 the Military Construction Authorization Act for Fiscal 

13 Year 2009 (division B of Public Law 110–417; 122 Stat. 

14 4658), the authorization set forth in the table in sub15 section (b), as provided in section 2301(b) of that Act 

16 (122 Stat. 4680) shall remain in effect until October 1, 

17 2012, or the date of the enactment of an Act authorizing 

18 funds for military construction for fiscal year 2013, which19 ever is later: 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Air Force: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Germany ........... Spangdahlem AB .......... Construct Child Development Center $11,400,000 
667 

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1 SEC. 2307. REDUCTION OF AIR FORCE MILITARY CON2 STRUCTION AUTHORIZATION. 

3 Amounts previously authorized for military construc4 tion, land acquisition, and military family housing func5 tions of the Department of the Air Force for fiscal years 

6 prior to fiscal year 2012 are hereby reduced by 

7 $32,000,000. 

8 TITLE XXIV—DEFENSE 

9 AGENCIES 

10 Subtitle A—Defense Agency 

11 Authorizations 

12 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC13 TION AND LAND ACQUISITION PROJECTS. 

14 (a) INSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2403(1), the Secretary of Defense may 

17 acquire real property and carry out military construction 

18 projects for the installations or locations inside the United 

19 States, and in the amounts, set forth in the following 

20 table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ................... Redstone Arsenal ........................................... $58,800,000 

Alaska ....................... Anchorage ...................................................... $18,400,000 

Eielson Air Force Base ................................. $14,800,000 

Arizona ..................... Davis-Monthan Air Force Base .................... $23,000,000 

California .................. Defense Distribution Depot Tracy ................ $15,500,000 

Marine Corps Base, Camp Pendleton ........... $12,141,000 

Naval Base, Coronado ................................... $42,000,000 

Naval Base, Coronado (San Clemente) ......... $21,800,000 

Colorado ................... Buckley Air Force Base ................................ $140,932,000 

District of Columbia Bolling Air Force Base ................................. $16,736,000 
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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

Florida ...................... Eglin Air Force Base .................................... $61,100,000 

Macdill Air Force Base ................................. $15,200,000 

Naval Air Station, Whiting Field .................. $3,800,000 

Georgia ..................... Fort Benning ................................................. $37,205,000 

Fort Gordon .................................................. $17,705,000 

Fort Stewart .................................................. $72,300,000 

Hawaii ...................... Joint Base Pearl Harbor-Hickam ................. $14,400,000 

Illinois ....................... Naval Station, Great Lakes .......................... $16,900,000 

Kentucky .................. Fort Campbell ............................................... $138,500,000 

Fort Knox ...................................................... $38,845,000 

Louisiana .................. Barksdale Air Force Base ............................. $6,200,000 

Maryland .................. Joint Base Andrews ...................................... $265,700,000 

National Naval Medical Center, Bethesda .... $18,000,000 

Massachusetts .......... Hanscom Air Force Base .............................. $34,040,000 

Westover Air Reserve Base ........................... $23,300,000 

Mississippi ................ Columbus Air Force Base ............................. $2,600,000 

Construction Battalion Center, Gulfport ...... $34,700,000 

Missouri .................... Arnold ............................................................ $9,253,000 

New Mexico .............. Cannon Air Force Base ................................. $132,997,000 

New York ................. Fort Drum ..................................................... $20,400,000 

North Carolina ......... Camp Lejeune ............................................... $6,670,000 

Fort Bragg .................................................... $206,274,000 

Marine Corps Air Station, New River ........... $22,687,000 

Pope Air Force Base ..................................... $5,400,000 

Ohio .......................... Defense Supply Center Columbus ................. $10,000,000 

Oklahoma ................. Altus Air Force Base .................................... $8,200,000 

Pennsylvania ............. Defense Distribution Depot New Cumberland ....................................................... $17,500,000 

Defense Supply Center Philadelphia ............. $8,000,000 

South Carolina ......... Joint Base Charleston ................................... $24,868,000 

Texas ........................ Joint Base Antonio ....................................... $194,300,000 

Virginia ..................... Charlottesville ................................................ $10,805,000 

Joint Expeditionary Base Little Creek-Fort 

Story .......................................................... $37,000,000 

Marine Corps Base, Quantico ....................... $46,727,000 

Naval Air Station, Oceana (Dam Neck) ....... $23,116,000 

Dahlgren ........................................................ $1,988,000 

Pentagon Reservation .................................... $8,742,000 

Washington ............... Joint Base Lewis-McChord ........................... $35,000,000 

Naval Air Station, Whidbey Island ............... $25,000,000 

West Virginia ........... Camp Dawson ............................................... $2,200,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 
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Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Germany ............. Ansbach ......................................................... $11,672,000 

Grafenwoehr .................................................. $6,529,000 

Spangdahlem Air Base .................................. $129,043,000 

Stuttgart-Patch Barracks ............................. $2,434,000 

Italy .................... Vicenza .......................................................... $41,864,000 

Japan .................. Yokota Air Base ............................................ $61,842,000 

United Kingdom Menwith Hill Station ..................................... $68,601,000 

Royal Air Force Alconbury ........................... $35,030,000 

1 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2403(6), the Secretary 

4 of Defense may carry out energy conservation projects 

5 under chapter 173 of title 10, United States Code, in the 

6 amount of $135,000,000. 

7 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE8 FENSE AGENCIES. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2011, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of Defense (other 

13 than the military departments) in the total amount of 

14 $3,212,498,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2401(a), 

17 $1,476,499,000. 

18 (2) For military construction projects outside 

19 the United States authorized by section 2401(b), 

20 $357,004,000. 
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1 (3) For unspecified minor military construction 

2 projects under section 2805 of title 10, United 

3 States Code, $32,964,000. 

4 (4) For contingency construction projects of the 

5 Secretary of Defense under section 2804 of title 10, 

6 United States Code, $10,000,000. 

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $399,602,000. 

10 (6) For energy conservation projects under 

11 chapter 173 of title 10, United States Code, 

12 $135,000,000. 

13 (7) For military family housing functions: 

14 (A) For support of military family housing 

15 (including functions described in section 2833 

16 of title 10, United States Code), $50,723,000. 

17 (B) For credits to the Department of De18 fense Family Housing Improvement Fund 

19 under section 2883 of title 10, United States 

20 Code, and the Homeowners Assistance Fund es21 tablished under section 1013 of the Demonstra22 tion Cities and Metropolitan Development Act 

23 of 1966 (42 U.S.C. 3374), $3,468,000. 

24 (8) For the construction of increment 6 of the 

25 Army Medical Research Institute of Infectious Dis-
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1 eases Stage I at Fort Detrick, Maryland, authorized 

2 by section 2401(a) of the Military Construction Au3 thorization Act for Fiscal Year 2007 (division B of 

4 Public Law 109–364; 120 Stat. 2457), 

5 $137,600,000. 

6 (9) For the construction of increment 4 of re7 placement fuel storage facilities at Point Loma 

8 Annex, California, authorized by section 2401(a) of 

9 the Military Construction Authorization Act for Fis10 cal Year 2008 (division B of Public Law 110–181; 

11 122 Stat. 521), as amended by section 2406 of the 

12 Military Construction Authorization Act for Fiscal 

13 Year 2010 (division B of Public Law 111–84; 123 

14 Stat. 2646), $27,000,000. 

15 (10) For the construction of increment 4 of the 

16 United States Army Medical Research Institute of 

17 Chemical Defense replacement facility at Aberdeen 

18 Proving Ground, Maryland, authorized by section 

19 2401(a) of the Military Construction Authorization 

20 Act for Fiscal Year 2009 (division B of Public Law 

21 110–417; 122 Stat. 4689), $22,850,000. 

22 (11) For the construction of increment 3 of a 

23 National Security Agency data center at Camp Wil24 liams, Utah, authorized as a Military Construction, 

25 Defense-Wide project by title IX of the Supple-
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1 mental Appropriations Act, 2009 (Public Law 111– 

2 32; 123 Stat. 1888), $123,201,000. 

3 (12) For the construction of increment 3 of the 

4 hospital at Fort Bliss, Texas, authorized by section 

5 2401(a) of the Military Construction Authorization 

6 Act for Fiscal Year 2010 (division B of Public Law 

7 111–84; 123 Stat. 2642), $109,400,000. 

8 (13) For the construction of increment 1 of a 

9 Mountainview operations facility at Buckley Air 

10 Force Base, Colorado, authorized by section 2401(a) 

11 of this Act, $70,432,000. 

12 (14) For the construction of increment 1 of an 

13 ambulatory care center at Joint Base Andrews, 

14 Maryland, authorized by section 2401(a) of this Act, 

15 $121,500,000. 

16 (15) For the construction of increment 1 of an 

17 ambulatory care center, phase 3 at Fort Bliss, 

18 Texas, authorized by section 2401(a) of this Act, 

19 $80,600,000. 
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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2011, for mili8 tary construction and land acquisition for chemical demili9 tarization in the total amount of $75,312,000, as follows: 

10 (1) For the construction of phase 13 of a chem11 ical munitions demilitarization facility at Pueblo 

12 Chemical Activity, Colorado, authorized by section 

13 2401(a) of the Military Construction Authorization 

14 Act for Fiscal Year 1997 (division B of Public Law 

15 104–201; 110 Stat. 2775), as amended by section 

16 2406 of the Military Construction Authorization Act 

17 for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 839), section 2407 of the Military 

19 Construction Authorization Act for Fiscal Year 2003 

20 (division B of Public Law 107–314; 116 Stat. 

21 2698), and section 2413 of the Military Construc22 tion Authorization Act for Fiscal Year 2009 (divi23 sion B of Public Law 110–417; 122 Stat. 4697), 

24 $15,338,000. 
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1 (2) For the construction of phase 12 of a muni2 tions demilitarization facility at Blue Grass Army 

3 Depot, Kentucky, authorized by section 2401(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (division B of Public Law 106–65; 

6 113 Stat. 835), as amended by section 2405 of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2002 (division B of Public Law 107–107; 115 

9 Stat. 1298), section 2405 of the Military Construc10 tion Authorization Act for Fiscal Year 2003 (divi11 sion B of Public Law 107–314; 116 Stat. 2698), 

12 section 2414 of the Military Construction Authoriza13 tion Act for Fiscal Year 2009 (division B of Public 

14 Law 110–417; 122 Stat. 4697), and section 2412 of 

15 the Military Construction Authorization Act for Fis16 cal Year 2011 (division B Public Law 111–383; 124 

17 Stat. 4450), $59,974,000. 

18 SEC. 2412. REDUCTION OF DEFENSE AGENCIES MILITARY 

19 CONSTRUCTION AUTHORIZATION. 

20 Amounts previously authorized for military construc21 tion, land acquisition, and military family housing func22 tions of the Department of Defense (other than the mili23 tary departments) for fiscal years prior to fiscal year 2012 

24 are hereby reduced by $131,000,000. 
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1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2011, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $240,611,000. 
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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2606(1), the Secretary of the Army may 

9 acquire real property and carry out military construction 

10 projects for the Army National Guard locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ................... Fort McClellan ............................................. $16,500,000 

Arizona .................... Papago Military Reservation ........................ $17,800,000 

Arkansas .................. Fort Chafee .................................................. $3,500,000 

California ................. Camp Roberts .............................................. $38,160,000 

Camp San Luis Obispo ................................ $8,000,000 

Colorado ................... Alamosa ........................................................ $6,400,000 

Aurora .......................................................... $3,600,000 

Fort Carson .................................................. $43,000,000 

District of Columbia Anacostia ...................................................... $5,300,000 

Florida ..................... Camp Blanding ............................................ $5,500,000 

Georgia .................... Atlanta ......................................................... $11,000,000 

Hinesville ...................................................... $17,500,000 

Macon ........................................................... $14,500,000 

Hawaii ..................... Kalaeloa ........................................................ $33,000,000 

Illinois ...................... Normal ......................................................... $10,000,000 

Indiana .................... Camp Atterbury ........................................... $81,900,000 

Indianapolis .................................................. $25,700,000 

Maine ....................... Bangor ......................................................... $15,600,000 

Brunswick .................................................... $23,000,000 

Maryland .................. Dundalk ........................................................ $16,000,000 

La Plata ....................................................... $9,000,000 

Westminster ................................................. $10,400,000 

Massachusetts .......... Natick ........................................................... $9,000,000 

Minnesota ................ Camp Ripley ................................................. $8,400,000 

Mississippi ............... Camp Shelby ................................................ $64,600,000 

Nebraska .................. Grand Island ................................................ $22,000,000 

Mead ............................................................. $9,100,000 

Nevada ..................... Las Vegas ..................................................... $23,000,000 

New Jersey .............. Lakehurst ..................................................... $49,000,000 

New Mexico ............. Santa Fe ...................................................... $5,200,000 

North Carolina ........ Greensboro ................................................... $3,700,000 
677 

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Army National Guard: Inside the United States—Continued 

State Location Amount 

Oklahoma ................. Camp Gruber ............................................... $13,361,000 

Oregon ..................... The Dalles .................................................... $13,800,000 

South Carolina ......... Allendale ....................................................... $4,300,000 

Utah ......................... Camp Williams ............................................. $6,500,000 

Virginia .................... Fort Pickett ................................................. $11,000,000 

West Virginia ........... Buckhannon ................................................. $10,000,000 

Wisconsin ................. Camp Williams ............................................. $7,000,000 

Wyoming .................. Cheyenne ...................................................... $8,900,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the Army National Guard locations outside 

6 the United States, and in the amounts, set forth in the 

7 following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Puerto Rico ...................... Fort Buchanan .................................... $57,000,000 

8 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

9 AND LAND ACQUISITION PROJECTS. 

10 Using amounts appropriated pursuant to the author11 ization of appropriations in section 2606(2), the Secretary 

12 of the Army may acquire real property and carry out mili13 tary construction projects for the Army Reserve locations 

14 inside the United States, and in the amounts, set forth 

15 in the following table: 

Army Reserve 

State Location Amount 

California .......................... Fort Hunter Liggett ............................ $5,200,000 

Colorado ........................... Fort Collins ......................................... $13,600,000 
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Army Reserve—Continued 

State Location Amount 

Illinois .............................. Homewood ........................................... $16,000,000 

Rockford .............................................. $12,800,000 

Indiana ............................. Fort Benjamin Harrison ..................... $57,000,000 

Kansas .............................. Kansas City ......................................... $13,000,000 

Massachusetts .................. Attleboro .............................................. $22,000,000 

Minnesota ......................... Saint Joseph ........................................ $11,800,000 

Missouri ............................ Weldon Springs ................................... $19,000,000 

New York ......................... Schenectady ......................................... $20,000,000 

North Carolina ................. Greensboro ........................................... $19,000,000 

South Carolina ................. Orangeburg .......................................... $12,000,000 

Wisconsin ......................... Fort McCoy ......................................... $27,300,000 

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606(3), the Secretary 

6 of the Navy may acquire real property and carry out mili7 tary construction projects for the Navy Reserve and Ma8 rine Corps Reserve locations inside the United States, and 

9 in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Pennsylvania .................... Pittsburgh ............................................ $13,759,000 

Tennessee ......................... Memphis .............................................. $7,949,000 

10 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC11 TION AND LAND ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(4), the Secretary 

14 of the Air Force may acquire real property and carry out 

15 military construction projects for the Air National Guard 
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1 locations inside the United States, and in the amounts, 

2 set forth in the following table: 

Air National Guard 

State Location Amount 

California ....................... Beale Air Force Base ............................ $6,100,000 

Moffett Field .......................................... $26,000,000 

Hawaii ............................ Joint Base Pearl Harbor-Hickam ......... $39,521,000 

Indiana ........................... Fort Wayne International Airport ......... $4,000,000 

Maryland ........................ Martin State Airport ............................. $4,900,000 

Massachusetts ................ Otis Air National Guard Base ............... $7,800,000 

Ohio ................................ Springfield Beckley-Municipal Airport .. $6,700,000 

3 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2606(5), the Secretary 

7 of the Air Force may acquire real property and carry out 

8 military construction projects for the Air Force Reserve 

9 locations inside the United States, and in the amounts, 

10 set forth in the following table: 

Air Force Reserve 

State Location Amount 

California .......................... March Air Force Base ......................... $16,393,000 

South Carolina ................. Charleston Air Force Base .................. $9,593,000 

11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA12 TIONAL GUARD AND RESERVE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2011, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 

17 Forces, and for contributions therefor, under chapter 

18 1803 of title 10, United States Code (including the cost 
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1 of acquisition of land for those facilities), in the following 

2 amounts: 

3 (1) For the Department of the Army, for the 

4 Army National Guard of the United States, 

5 $773,592,000. 

6 (2) For the Department of the Army, for the 

7 Army Reserve, $280,549,000. 

8 (3) For the Department of the Navy, for the 

9 Navy and Marine Corps Reserve, $26,299,000. 

10 (4) For the Department of the Air Force, for 

11 the Air National Guard of the United States, 

12 $116,246,000. 

13 (5) For the Department of the Air Force, for 

14 the Air Force Reserve, $33,620,000. 

15 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

16 FISCAL YEAR 2008 PROJECTS. 

17 (a) EXTENSION.—Notwithstanding section 2002 of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2008 (division B of Public Law 110–181; 122 Stat. 

20 503), the authorization set forth in the table in subsection 

21 (b), as provided in section 2601 and 2604 of that Act (122 

22 Stat. 527–528), shall remain in effect until October 1, 

23 2012, or the date of the enactment of an Act authorizing 

24 funds for military construction for fiscal year 2013, which25 ever is later. 
681 

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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Army National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Pennsylvania ...... Coatesville ........ Readiness Center ....................... $ 8,300,000 

3 SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2009 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2009 (division B of Public Law 110–417; 122 Stat. 

8 4658), the authorization set forth in the tables in sub9 section (b), as provided in sections 2601, 2602, and 2603 

10 of that Act, shall remain in effect until October 1, 2012, 

11 or the date of the enactment of an Act authorizing funds 

12 for military construction for fiscal year 2013, whichever 

13 is later. 

14 (b) TABLES.—The tables referred to in subsection (a) 

15 are as follows: 

Air National Guard: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Indiana ............. Camp Atterbury ............ Multipurpose Machine Gun Range .. $5,800,000 

Nevada ............. Elko .............................. Readiness Center ..... $11,375,000 

Air National Guard: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ........ Gulfport-Biloxi International Airport ........ Relocate munitions 

storage complex .... $3,400,000 
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Air Reserve: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

New York ......... Staten Island ................ Army Reserve Center $18,550,000 

Navy Reserve and Marine Corps Reserve: Extension of 2009 

Project Authorization 

State Installation or 

Location Project Amount 

Delaware .......... Wilmington ................... Armed Forces Reserve Center ......... $11,530,000 

1 SEC. 2609. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2009 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2601(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2009 (division B of Public Law 

6 110–417; 122 Stat. 4701) for Elko, Nevada, for construc7 tion of an Army Reserve Center, the Secretary of the 

8 Army may instead construct the Army Reserve Center at 

9 Carlin, Nevada. 

10 TITLE XXVII—BASE CLOSURE 

11 AND REALIGNMENT ACTIVITIES 

12 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

13 BASE REALIGNMENT AND CLOSURE ACTIVI14 TIES FUNDED THROUGH DEPARTMENT OF 

15 DEFENSE BASE CLOSURE ACCOUNT 1990. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2011, for base 

18 closure and realignment activities, including real property 

19 acquisition and military construction projects, as author-
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1 ized by the Defense Base Closure and Realignment Act 

2 of 1990 (part A of title XXIX of Public Law 101–510; 

3 10 U.S.C. 2687 note) and funded through the Department 

4 of Defense Base Closure Account 1990 established by sec5 tion 2906 of such Act, in the total amount of 

6 $323,543,000, as follows: 

7 (1) For the Department of the Army, 

8 $70,716,000. 

9 (2) For the Department of the Navy, 

10 $129,351,000. 

11 (3) For the Department of the Air Force, 

12 $123,476,000. 

13 SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLO14 SURE ACTIVITIES FUNDED THROUGH DE15 PARTMENT OF DEFENSE BASE CLOSURE AC16 COUNT 2005. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2703, the Secretary 

19 of Defense may carry out base closure and realignment 

20 activities, including real property acquisition and military 

21 construction projects, as authorized by the Defense Base 

22 Closure and Realignment Act of 1990 (part A of title 

23 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

24 funded through the Department of Defense Base Closure 
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1 Account 2005 established by section 2906A of such Act, 

2 in the amount of $258,776,000. 

3 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

4 BASE REALIGNMENT AND CLOSURE ACTIVI5 TIES FUNDED THROUGH DEPARTMENT OF 

6 DEFENSE BASE CLOSURE ACCOUNT 2005. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal years beginning after September 30, 2011, for base 

9 closure and realignment activities, including real property 

10 acquisition and military construction projects, as author11 ized by the Defense Base Closure and Realignment Act 

12 of 1990 (part A of title XXIX of Public Law 101–510; 

13 10 U.S.C. 2687 note) and funded through the Department 

14 of Defense Base Closure Account 2005 established by sec15 tion 2906A of such Act, in the total amount of 

16 $258,776,000 as follows: 

17 (1) For the Department of the Army, 

18 $229,190,000. 

19 (2) For the Department of the Navy, 

20 $25,829,000. 

21 (3) For the Department of the Air Force, 

22 $1,966,000. 

23 (4) For the Defense Agencies, $1,791,000. 
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1 SEC. 2704. REDUCTION OF MILITARY CONSTRUCTION AU2 THORIZATION FOR BASE REALIGNMENT AND 

3 CLOSURE ACTIVITIES AUTHORIZED 

4 THROUGH THE DEPARTMENT OF DEFENSE 

5 BASE CLOSURE ACCOUNT 1990. 

6 Amounts previously authorized for base closure and 

7 realignment activities, including real property acquisition 

8 and military construction projects, as authorized by the 

9 Defense Base Closure and Realignment Act of 1990 (part 

10 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

11 note) and funded through the Department of Defense 

12 Base Closure Account 1990 established by section 2906 

13 of such Act for fiscal years prior to fiscal year 2012 are 

14 hereby reduced by $100,000,000. 

15 TITLE XXVIII—MILITARY CON16 STRUCTION GENERAL PROVI17 SIONS 

18 Subtitle A—Military Construction 

19 Program and Military Family 

20 Housing Changes 

21 SEC. 2801. GENERAL MILITARY CONSTRUCTION TRANSFER 

22 AUTHORITY. 

23 (a) AUTHORITY TO TRANSFER AUTHORIZATION OF

24 APPROPRIATIONS.— 

25 (1) AUTHORITY.—Upon a determination by the 

26 Secretary of a military department, or with respect 
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1 to the Defense Agencies, the Secretary of Defense, 

2 that such action is necessary in the national interest, 

3 the Secretary concerned may transfer amounts of 

4 authorization of appropriations made available to 

5 that military department or Defense Agency in this 

6 division for fiscal year 2012 between any such au7 thorization of appropriations for that military de8 partment or Defense Agency for that fiscal year. 

9 Amounts of authorization of appropriations so trans10 ferred shall be merged with and be available for the 

11 same purposes as the authorization of appropria12 tions to which transferred. 

13 (2) AGGREGATE LIMIT.—The aggregate amount 

14 of authorizations that the Secretaries concerned may 

15 transfer under the authority of this section may not 

16 exceed $400,000,000. 

17 (b) LIMITATION.—The authority provided by this sec18 tion to transfer authorizations may only be used to fund 

19 increases in the cost of military construction projects that 

20 have been authorized by law. 

21 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

22 transfer made from one account to another under the au23 thority of this section shall be deemed to increase the 

24 amount authorized for appropriation for the account to 
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1 which the amount is transferred by an amount equal to 

2 the amount transferred. 

3 (d) NOTICE TO CONGRESS.—The Secretary con4 cerned shall promptly notify the congressional defense 

5 committees of each transfer made by that Secretary under 

6 subsection (a). 

7 SEC. 2802. EXTENSION OF TEMPORARY, LIMITED AUTHOR8 ITY TO USE OPERATION AND MAINTENANCE 

9 FUNDS FOR CONSTRUCTION PROJECTS OUT10 SIDE THE UNITED STATES. 

11 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 

12 2808 of the Military Construction Authorization Act for 

13 Fiscal Year 2004 (division B of Public Law 108–136; 117 

14 Stat. 1723), as most recently amended by section 2804 

15 of the Military Construction Authorization Act for Fiscal 

16 Year 2011 (division B of Public Law 111–383; 124 Stat. 

17 4459), is amended— 

18 (1) in subsection (c)(2), by striking ‘‘fiscal year 

19 2011’’ and inserting ‘‘fiscal year 2012’’; and 

20 (2) in subsection (h)— 

21 (A) in paragraph (1), by striking ‘‘Sep22 tember 30, 2011’’ and inserting ‘‘September 30, 

23 2012’’; and 

24 (B) in paragraph (2), by striking ‘‘fiscal 

25 year 2012’’ and inserting ‘‘fiscal year 2013’’. 
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1 (b) MODIFICATION OF QUARTERLY REPORTING RE2 QUIREMENT.—Subsection (g) of such section is amend3 ed— 

4 (1) by striking ‘‘QUARTERLY REPORTS OR’’ in 

5 the subsection heading; 

6 (2) by striking ‘‘the report for a fiscal-year 

7 quarter under subsection (d) or’’; and 

8 (3) by striking ‘‘report or’’. 

9 (c) TECHNICAL AMENDMENTS.—Subsections (a) and 

10 (i) of such section are amended by striking ‘‘Combined 

11 Task Force-Horn of Africa’’ each place it appears and in12 serting ‘‘Combined Joint Task Force-Horn of Africa’’. 

13 SEC. 2803. CLARIFICATION OF AUTHORITY TO USE THE 

14 PENTAGON RESERVATION MAINTENANCE RE15 VOLVING FUND FOR MINOR CONSTRUCTION 

16 AND ALTERATION ACTIVITIES AT THE PEN17 TAGON RESERVATION. 

18 Section 2674(e)(4) of title 10, United States Code, 

19 is amended— 

20 (1) by striking ‘‘The authority’’ and inserting 

21 ‘‘(A) Except as provided in subparagraph (B), the 

22 authority’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 
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1 ‘‘(B) The Secretary may use monies from the Fund 

2 to support construction or alteration activities at the Pen3 tagon Reservation within the limits stated in section 2805 

4 of this title.’’. 

5 Subtitle B—Real Property and 

6 Facilities Administration 

7 SEC. 2811. EXCHANGE OF PROPERTY AT MILITARY INSTAL8 LATIONS. 

9 (a) EXCHANGE AUTHORITY.—Section 2869 of title 

10 10, United States Code, is amended— 

11 (1) in the section heading, by striking ‘‘Con12 veyance of property at military installa13 tions to limit encroachment’’ and inserting 

14 ‘‘Exchange of property at military instal15 lations’’; and 

16 (2) in subsection (a)— 

17 (A) in the subsection heading, by striking 

18 ‘‘CONVEYANCE AUTHORIZED; CONSIDERATION’’ 

19 and inserting ‘‘EXCHANGE AUTHORIZED’’; and 

20 (B) in paragraph (1), by striking ‘‘to any 

21 person who agrees, in exchange for the real 

22 property, to carry out a land acquisition’’ and 

23 inserting ‘‘to any eligible entity who agrees, in 

24 exchange for the real property, to transfer to 

25 the United States all right, title, and interest of 
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1 the entity in and to a parcel of real property, 

2 including any improvements thereon under their 

3 control, or to carry out a land acquisition’’. 

4 (b) EXTENSION OF AUTHORITY.—Such section is 

5 further amended— 

6 (1) by striking subsection (f); and 

7 (2) by redesignating subsections (g) and (h) as 

8 subsections (f) and (g), respectively. 

9 (c) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 169 of such title is amended 

11 by striking the item relating to section 2869 and inserting 

12 the following new item: 

‘‘2869. Exchange of property at military installations.’’. 

13 SEC. 2812. CLARIFICATION OF AUTHORITY TO LIMIT EN14 CROACHMENTS. 

15 (a) INAPPLICABILITY OF CERTAIN CONTRACT RE16 QUIREMENTS.—Subsection (c) of section 2684a of title 10, 

17 United States Code, is amended to read as follows: 

18 ‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT RE19 QUIREMENTS.—Notwithstanding chapter 63 of title 31, an 

20 agreement under this section that is a cooperative agree21 ment or a grant may be used to acquire property or serv22 ices for the direct benefit or use of the United States Gov23 ernment.’’. 
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1 (b) ACQUISITION AND ACCEPTANCE OF PROPERTY

2 AND INTERESTS.—Subsection (d) of such section is 

3 amended— 

4 (1) in paragraph (3)— 

5 (A) by inserting ‘‘, and the monitoring and 

6 enforcement of any right, title, or interest in,’’ 

7 after ‘‘resources on’’; 

8 (B) by inserting ‘‘and monitoring and en9 forcement’’ after ‘‘natural resource manage10 ment’’; and 

11 (C) by adding at the end the following: 

12 ‘‘Any such payment by the United States— 

13 ‘‘(A) may be paid in a lump sum and in14 clude an amount intended to cover the future 

15 costs of natural resource management and mon16 itoring and enforcement; and 

17 ‘‘(B) shall be placed by the eligible entity 

18 in an interest-bearing account, and any interest 

19 shall be applied for the same purposes as the 

20 principal.’’; and 

21 (2) in paragraph (5)— 

22 (A) inserting ‘‘(A)’’ after ‘‘(5)’’; 

23 (B) by inserting after the first sentence 

24 the following: ‘‘No such requirement need be in25 cluded in the agreement if the property or in-
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1 terest is being transferred to a State, or the 

2 agreement requires it to be subsequently trans3 ferred to a State, and the Secretary concerned 

4 determines that the laws and regulations appli5 cable to the future use of such property or in6 terest provide adequate assurance that the 

7 property concerned will be developed and used 

8 in a manner appropriate for purposes of this 

9 section.’’; and 

10 (C) by adding at the end the following new 

11 subparagraph: 

12 ‘‘(B) Notwithstanding subparagraph (A), if all or a 

13 portion of the property or interest acquired under the 

14 agreement is subsequently transferred to the United 

15 States and administrative jurisdiction over the property 

16 is under a Federal official other than a Secretary con17 cerned, the Secretary concerned and that Federal official 

18 shall enter into a memorandum of agreement providing, 

19 to the satisfaction of the Secretary concerned, for the 

20 management of the property or interest concerned in a 

21 manner appropriate for purposes of this section. Such 

22 memorandum of agreement shall also provide that, should 

23 it be proposed that the property or interest concerned be 

24 developed or used in a manner not appropriate for pur25 poses of this section, including declaring the property to 
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1 be excess to the agency’s needs or proposing to exchange 

2 the property for other property, the Secretary concerned 

3 may request that administrative jurisdiction over the prop4 erty be transferred to the Secretary concerned at no cost, 

5 and, upon such a request being made, the administrative 

6 jurisdiction over the property shall be transferred accord7 ingly.’’. 

8 SEC. 2813. DEPARTMENT OF DEFENSE CONSERVATION AND 

9 CULTURAL ACTIVITIES. 

10 Section 2694(b)(2) of title 10, United States Code, 

11 is amended— 

12 (1) in subparagraph (B), by inserting ‘‘and sus13 tainability’’ after ‘‘safety’’; and 

14 (2) by adding at the end the following new sub15 paragraph: 

16 ‘‘(F) The implementation of ecosystem-wide 

17 land management plans— 

18 ‘‘(i) for a single ecosystem that encom19 passes at least two non-contiguous military in20 stallations, if those military installations are not 

21 all under the administrative jurisdiction of the 

22 same Secretary of a military department; and 

23 ‘‘(ii) providing synergistic benefits unavail24 able if the installations acted separately.’’. 
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1 Subtitle C—Land Conveyances 

2 SEC. 2821. RELEASE OF REVERSIONARY INTEREST, CAMP 

3 JOSEPH T. ROBINSON, ARKANSAS. 

4 Section 2852 of the Military Construction Authoriza5 tion Act for Fiscal Year 2010 (division B of Public Law 

6 111–84; 123 Stat. 2685) is amended by striking ‘‘to be 

7 acquired by the United States of America’’ and inserting 

8 ‘‘to be acquired by the Military Department of Arkansas’’. 

9 SEC. 2822. CLARIFICATION OF LAND CONVEYANCE AU10 THORITY, CAMP CAITLIN AND OHANA NUI 

11 AREAS, HAWAII. 

12 Section 2856(a) of the Military Construction Author13 ization Act for Fiscal Year 2010 (division B of Public Law 

14 111–84; 123 Stat. 2689) is amended by inserting before 

15 the period at the end the following: ‘‘, before the property 

16 or portion thereof is made available for transfer pursuant 

17 to the Hawaiian Home Lands Recovery Act (title II of 

18 Public Law 104–42; 109 Stat. 357), for use by any other 

19 Federal agency, or for disposal under applicable laws’’. 

20 SEC. 2823. LAND CONVEYANCE AND EXCHANGE, JOINT 

21 BASE ELMENDORF RICHARDSON, ALASKA. 

22 (a) CONVEYANCES AUTHORIZED.— 

23 (1) MUNICIPALITY OF ANCHORAGE.—The Sec24 retary of the Air Force may, in consultation with the 

25 Secretary of the Interior, convey to the Municipality 
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1 of Anchorage (in this section referred to as the ‘‘Mu2 nicipality’’) all right, title, and interest of the United 

3 States in and to all or any part of a parcel of real 

4 property, including any improvements thereon, con5 sisting of approximately 220 acres at JBER situated 

6 to the west of and adjacent to the Anchorage Re7 gional Landfill in Anchorage, Alaska, for solid waste 

8 management purposes, including reclamation there9 of, and for alternative energy production, and other 

10 related activities. This authority may not be exer11 cised unless and until the March 15, 1982, North 

12 Anchorage Land Agreement is amended by the par13 ties thereto to specifically permit the conveyance 

14 under this subparagraph. 

15 (2) EKLUTNA, INC..—The Secretary of the Air 

16 Force may, in consultation with the Secretary of the 

17 Interior, upon terms mutually agreeable to the Sec18 retary of the Air Force and Eklutna, Inc., an Alaska 

19 Native village corporation organized pursuant to the 

20 Alaska Native Claims Settlement Act (43 U.S.C. 

21 1601 et seq.) (in this section referred to as 

22 ‘‘Eklutna’’), convey to Eklutna all right, title, and 

23 interest of the United States in and to all or any 

24 part of a parcel of real property, including any im25 provements thereon, consisting of approximately 130 
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1 acres situated on the northeast corner of the Glenn 

2 Highway and Boniface Parkway in Anchorage, Alas3 ka, or such other property as may be identified in 

4 consultation with the Secretary of the Interior, for 

5 any use compatible with JBER’s current and rea6 sonably foreseeable mission as determined by the 

7 Secretary of the Air Force. 

8 (3) RIGHT TO WITHHOLD TRANSFER.—The 

9 Secretary may withhold transfer of any portion of 

10 the real property described in paragraphs (1) and 

11 (2) based on public interest or military mission re12 quirements. 

13 (b) CONSIDERATION.— 

14 (1) MUNICIPALITY PROPERTY.—As consider15 ation for the conveyance under subsection (a)(1), the 

16 Secretary of the Air Force shall receive in-kind solid 

17 waste management services at the Anchorage Re18 gional Landfill or such other consideration as deter19 mined satisfactory by the Secretary equal to at least 

20 fair market value of the property conveyed. 

21 (2) EKLUTNA PROPERTY.—As consideration for 

22 the conveyance under subsection (a)(2), the Sec23 retary of the Air Force is authorized to receive, upon 

24 terms mutually agreeable to the Secretary and 

25 Eklutna, such interests in the surface estate of real 
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1 property owned by Eklutna and situated at the 

2 northeast boundary of JBER and other consider3 ation as considered satisfactory by the Secretary 

4 equal to at least fair market value of the property 

5 conveyed. 

6 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

7 (1) PAYMENT REQUIRED.—The Secretary of 

8 the Air Force shall require the Municipality and 

9 Eklutna to reimburse the Secretary to cover costs 

10 (except costs for environmental remediation of the 

11 property) to be incurred by the Secretary, or to re12 imburse the Secretary for costs incurred by the Sec13 retary, to carry out the conveyances under sub14 section (a), including survey costs, costs for environ15 mental documentation, and any other administrative 

16 costs related to the conveyance. 

17 (2) TREATMENT OF AMOUNTS RECEIVED.— 

18 Amounts received as reimbursement under para19 graph (1) shall be credited to the fund or account 

20 that was used to cover those costs incurred by the 

21 Secretary in carrying out the conveyance. Amounts 

22 so credited shall be merged with amounts in such 

23 fund or account, and shall be available for the same 

24 purposes, and subject to the same conditions and 

25 limitations, as amounts in such fund or account. 
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1 (d) TREATMENT OF CASH CONSIDERATION RE2 CEIVED.—Any cash payment received by the United 

3 States as consideration for the conveyances under sub4 section (a) shall be deposited in the special account in the 

5 Treasury established under subsection (b) of section 572 

6 of title 40, United States Code, and shall be available in 

7 accordance with paragraph (5)(B) of such subsection. 

8 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the real property to be conveyed 

10 under subsection (a) shall be determined by surveys satis11 factory to the Secretary. 

12 (f) OTHER OR ADDITIONAL TERMS AND CONDI13 TIONS.—The Secretary may require such additional terms 

14 and conditions in connection with the conveyances under 

15 subsection (a) as the Secretary considers appropriate to 

16 protect the interests of the United States. 

17 Subtitle D—Other Matters 

18 SEC. 2831. INVESTMENT PLAN FOR THE MODERNIZATION 

19 OF PUBLIC SHIPYARDS UNDER JURISDIC20 TION OF DEPARTMENT OF THE NAVY. 

21 (a) PLAN REQUIRED.—Not later than March 1, 

22 2012, the Secretary of the Navy shall submit to the con23 gressional defense committees a plan to address the facili24 ties and infrastructure requirements at each public ship-
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1 yard under the jurisdiction of the Department of the 

2 Navy. 

3 (b) CONTENT.—The report required under subsection 

4 (a) shall include the following elements: 

5 (1) A description of the operations and support 

6 required at each shipyard under the control of the 

7 Secretary, including the location, year constructed, 

8 the classes of ships serviced, number of personnel 

9 assigned, and the average age of facilities at each lo10 cation. 

11 (2) A review of all workload requirements in the 

12 past 5 years, an assessment of the efficiency in the 

13 use of existing facilities to meet the workload, and 

14 an estimate of the workload planned for each ship15 yard through the current Future Years Defense 

16 plan. 

17 (3) An assessment of the adequacy of each fa18 cility— 

19 (A) to carry out efficient depot-level ship 

20 maintenance with modern technology and equip21 ment; 

22 (B) to ensure workplace safety; 

23 (C) to support nuclear-related activities 

24 (where applicable); 
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1 (D) to maintain the quality of life of the 

2 workforce; and 

3 (E) to meet the energy savings goals of the 

4 Secretary of the Navy for military installations. 

5 (4) An assessment of the existing condition of 

6 each facility at each shipyard to include a review of 

7 existing and projected deficiencies or inadequate 

8 conditions at each facility, and whether any of the 

9 facilities listed are temporary structures. 

10 (5) A description and cost estimate for each 

11 project to improve, repair, renovate, or modernize fa12 cilities or infrastructure. 

13 (6) A description of the facility improvements 

14 or new construction projects at each shipyard that 

15 would improve the efficiency of the facility’s oper16 ations or generate energy savings based upon a busi17 ness case analysis. 

18 (7) An investment strategy planned for each 

19 shipyard to correct deficiencies identified in para20 graph (4), including timelines to complete each 

21 project and cost estimates and timelines necessary to 

22 complete the projects identified in paragraph (6). 

23 (8) A list of projects, costs, and timelines 

24 through the future years defense plan to meet the 

25 requirements of the minimum capital investment 
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1 percentage required under section 2476 of title 10, 

2 United States Code. 

3 SEC. 2832. DATA SERVERS AND CENTERS. 

4 (a) LIMITATIONS ON OBLIGATION OF FUNDS.— 

5 (1) LIMITATIONS.— 

6 (A) BEFORE PERFORMANCE PLAN.—Dur7 ing the period beginning on the date of the en8 actment of this Act and ending on May 1, 

9 2012, a department, agency, or component of 

10 the Department of Defense may not obligate 

11 funds for a data server, data server upgrade, 

12 data server farm, or data center unless ap13 proved by the Chief Information Officer of the 

14 Department of Defense or the Chief Informa15 tion Officer of a component of the Department 

16 to whom the Chief Information Officer of the 

17 Department has specifically delegated such ap18 proval authority. 

19 (B) UNDER PERFORMANCE PLAN.—After 

20 May 1, 2012, a department, agency, or compo21 nent of the Department may not obligate funds 

22 for a data center, or any information systems 

23 technology used therein, unless that obligation 

24 is in accordance with the performance plan re-
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1 quired by subsection (b) and is approved as de2 scribed in subparagraph (A). 

3 (2) REQUIREMENTS FOR APPROVALS.— 

4 (A) BEFORE PERFORMANCE PLAN.—An 

5 approval of the obligation of funds may not be 

6 granted under paragraph (1)(A) unless the offi7 cial granting the approval determines, in writ8 ing, that existing resources of the agency, com9 ponent, or element concerned cannot affordably 

10 or practically be used or modified to meet the 

11 requirements to be met through the obligation 

12 of funds. 

13 (B) UNDER PERFORMANCE PLAN.—An ap14 proval of the obligation of funds may not be 

15 granted under paragraph (1)(B) unless the offi16 cial granting the approval determines that— 

17 (i) existing resources of the Depart18 ment do not meet the operation require19 ments to be met through the obligation of 

20 funds; and 

21 (ii) the proposed obligation is in ac22 cordance with the performance standards 

23 and measures established by the Chief In24 formation Officer of the Department under 

25 subsection (b). 
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1 (3) REPORTS.—Not later than 30 days after 

2 the end of each calendar quarter, each Chief Infor3 mation Officer of a component of the Department 

4 who grants an approval under paragraph (1) during 

5 such calendar quarter shall submit to the Chief In6 formation Officer of the Department a report on the 

7 approval or approvals so granted during such cal8 endar quarter. 

9 (b) PERFORMANCE PLAN FOR REDUCTION OF RE10 SOURCES REQUIRED FOR DATA SERVERS AND CEN11 TERS.— 

12 (1) COMPONENT PLANS.— 

13 (A) IN GENERAL.—Not later than January 

14 15, 2012, the Secretaries of the military depart15 ments and the heads of the Defense Agencies 

16 shall each submit to the Chief Information Offi17 cer of the Department a plan for the depart18 ment or agency concerned to achieve the fol19 lowing: 

20 (i) A reduction in the square feet of 

21 floor space devoted to information systems 

22 technologies, attendant support tech23 nologies, and operations within data cen24 ters. 
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1 (ii) A reduction in the use of all utili2 ties necessary to power and cool informa3 tion systems technologies and data centers. 

4 (iii) An increase in multi-organiza5 tional utilization of data centers, informa6 tion systems technologies, and associated 

7 resources. 

8 (iv) A reduction in the investment for 

9 capital infrastructure or equipment re10 quired to support data centers as meas11 ured in cost per megawatt of data storage. 

12 (v) A reduction in the number of com13 mercial and government developed applica14 tions running on data servers and within 

15 data centers. 

16 (vi) A reduction in the number of gov17 ernment and vendor provided full-time 

18 equivalent personnel, and in the cost of 

19 labor, associated with the operation of data 

20 servers and data centers. 

21 (B) SPECIFICATION OF REQUIRED ELE22 MENTS.—The Chief Information Officer of the 

23 Department shall specify the particular per24 formance standards and measures and imple25 mentation elements to be included in the plans 
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1 submitted under this paragraph, including spe2 cific goals and schedules for achieving the mat3 ters specified in subparagraph (A). 

4 (2) DEFENSE-WIDE PLAN.— 

5 (A) IN GENERAL.—Not later than April 1, 

6 2012, the Chief Information Officer of the De7 partment shall submit to the congressional de8 fense committees a performance plan for a re9 duction in the resources required for data cen10 ters and information systems technologies De11 partment-wide. The plan shall be based upon 

12 and incorporate appropriate elements of the 

13 plans submitted under paragraph (1). 

14 (B) ELEMENTS.—The performance plan 

15 required under this paragraph shall include the 

16 following: 

17 (i) A Department-wide performance 

18 plan for achieving the matters specified in 

19 paragraph (1)(A), including performance 

20 standards and measures for data centers 

21 and information systems technologies, 

22 goals and schedules for achieving such 

23 matters, and an estimate of cost savings 

24 anticipated through implementation of the 

25 plan. 
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1 (ii) A Department-wide strategy for 

2 each of the following: 

3 (I) Desktop, laptop, and mobile 

4 device virtualization. 

5 (II) Transitioning to cloud com6 puting. 

7 (III) Migration of Defense data 

8 and government-provided services 

9 from Department-owned and operated 

10 data centers to cloud computing serv11 ices generally available within the pri12 vate sector that provide a better capa13 bility at a lower cost with the same or 

14 greater degree of security. 

15 (IV) Utilization of private sector16 managed security services for data 

17 centers and cloud computing services. 

18 (V) A finite set of metrics to ac19 curately and transparently report on 

20 data center infrastructure (space, 

21 power and cooling): age, cost, capac22 ity, usage, energy efficiency and utili23 zation, accompanied with the aggre24 gate data for each data center site in 

25 use by the Department in excess of 
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1 100 kilowatts of information tech2 nology power demand. 

3 (VI) Transitioning to just-in-time 

4 delivery of Department-owned data 

5 center infrastructure (space, power 

6 and cooling) through use of modular 

7 data center technology and integrated 

8 data center infrastructure manage9 ment software. 

10 (3) RESPONSIBILITY.—The Chief Information 

11 Officer of the Department shall discharge the re12 sponsibility for establishing performance standards 

13 and measures for data centers and information sys14 tems technologies for purposes of this subsection. 

15 Such responsibility may not be delegated. 

16 (c) EXCEPTION.—The Chief Information Officer of 

17 the Department and the Chief Information Officer of the 

18 Office of the Director of National Intelligence may jointly 

19 exempt from the applicability of this section such intel20 ligence components of the Department of Defense (and the 

21 programs and activities thereof) that are funded through 

22 the National Intelligence Program (NIP) as the Chief In23 formation Officers consider appropriate. 

24 (d) REPORTS ON COST SAVINGS.— 
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1 (1) IN GENERAL.—Not later than March 1 of 

2 each fiscal year, and ending in fiscal year 2016, the 

3 Chief Information Officer of the Department shall 

4 submit to the appropriate committees of Congress a 

5 report on the cost savings, cost reductions, cost 

6 avoidances, and performance gains achieved, and an7 ticipated to be achieved, as of the date of such re8 port as a result of activities undertaken under this 

9 section. 

10 (2) APPROPRIATE COMMITTEES OF CONGRESS

11 DEFINED.—In this subsection, the term ‘‘appro12 priate committees of Congress’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Appropriations, and the Select 

15 Committee on Intelligence of the Senate; and 

16 (B) the Committee on Armed Services, the 

17 Committee on Appropriations, and the Perma18 nent Select Committee on Intelligence of the 

19 House of Representatives. 

20 SEC. 2833. REDESIGNATION OF MIKE O’CALLAGHAN FED21 ERAL HOSPITAL IN NEVADA AS MIKE 

22 O’CALLAGHAN FEDERAL MEDICAL CENTER. 

23 (a) REDESIGNATION.—Section 2867 of the Military 

24 Construction Authorization Act for Fiscal Year 1997 (di25 vision B of Public Law 104–201; 110 Stat. 2806), as 
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1 amended by section 8135(a) of the Department of Defense 

2 Appropriations Act, 1997 (section 101(b) of division A of 

3 the Omnibus Consolidated Appropriations Act, 1997 

4 (Public Law 104–208; 110 Stat. 3009–118)), is further 

5 amended by striking ‘‘Mike O’Callaghan Federal Hos6 pital’’ each place it appears and inserting ‘‘Mike 

7 O’Callaghan Federal Medical Center’’. 

8 (b) CONFORMING AMENDMENT.—The heading of 

9 such section 2867 is amended to read as follows: 

10 ‘‘SEC. 2867. MIKE O’CALLAGHAN FEDERAL MEDICAL CEN11 TER.’’. 

12 DIVISION C—DEPARTMENT OF 

13 ENERGY NATIONAL SECURITY 

14 AUTHORIZATIONS AND 

15 OTHER AUTHORIZATIONS 

16 TITLE XXXI—DEPARTMENT OF 

17 ENERGY NATIONAL SECURITY 

18 PROGRAMS 

19 Subtitle A—National Security 

20 Programs Authorizations 

21 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA22 TION. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

24 are hereby authorized to be appropriated to the Depart25 ment of Energy for fiscal year 2012 for the activities of 
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1 the National Nuclear Security Administration in carrying 

2 out programs as specified in the funding table in section 

3 4601. 

4 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

5 From funds referred to in subsection (a) that are available 

6 for carrying out plant projects, the Secretary of Energy 

7 may carry out the following new plant project for the Na8 tional Nuclear Security Administration: 

9 Project 12–D–301, Transuranic (TRU) Waste 

10 Facility, Los Alamos National Laboratory, Los Ala11 mos, New Mexico, $13,481,000. 

12 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

13 Funds are hereby authorized to be appropriated to 

14 the Department of Energy for fiscal year 2012 for defense 

15 environmental cleanup activities in carrying out programs 

16 as specified in the funding table in section 4601. 

17 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

18 Funds are hereby authorized to be appropriated to 

19 the Department of Energy for fiscal year 2012 for other 

20 defense activities in carrying out programs as specified in 

21 the funding table in section 4601. 
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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. REVIEW OF SECURITY VULNERABILITIES OF NA5 TIONAL LABORATORY COMPUTERS. 

6 (a) IN GENERAL.—Section 4508 of the Atomic En7 ergy Defense Act (50 U.S.C. 2659) is amended to read 

8 as follows: 

9 ‘‘SEC. 4508. REVIEW OF SECURITY VULNERABILITIES OF NA10 TIONAL LABORATORY COMPUTERS. 

11 ‘‘(a) IN GENERAL.—The Secretary of Energy shall— 

12 ‘‘(1) not later than one year after the date of 

13 the enactment of the National Defense Authoriza14 tion Act for Fiscal Year 2012, and annually there15 after, review the security vulnerabilities of the com16 puters of each national laboratory; and 

17 ‘‘(2) if, in conducting a review under paragraph 

18 (1), the Secretary discovers a significant vulner19 ability in a national laboratory computer, promptly 

20 notify the congressional defense committees of the 

21 vulnerability. 

22 ‘‘(b) ELEMENTS.—A notification submitted under 

23 subsection (a) with respect to a significant vulnerability 

24 of a national laboratory computer shall include the fol25 lowing: 
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1 ‘‘(1) A description of the vulnerability. 

2 ‘‘(2) An assessment of the loss, if any, of classi3 fied or unclassified data as a result of the vulner4 ability. 

5 ‘‘(3) An assessment of the harm to national se6 curity or individual privacy resulting from the loss, 

7 if any, of such data. 

8 ‘‘(4) A description of the actions taken to ad9 dress the vulnerability. 

10 ‘‘(c) NATIONAL LABORATORY DEFINED.—In this 

11 section, the term ‘national laboratory’ has the meaning 

12 given that term in section 4502(g)(3).’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 for the Atomic Energy Defense Act is amended by striking 

15 the item relating to section 4508 and inserting the fol16 lowing new item: 

‘‘Sec. 4508. Review of security vulnerabilities of national laboratory computers.’’. 
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1 SEC. 3112. REVIEW BY SECRETARY OF ENERGY AND SEC2 RETARY OF DEFENSE OF COMPTROLLER 

3 GENERAL ASSESSMENT OF BUDGET RE4 QUESTS WITH RESPECT TO THE MODERNIZA5 TION AND REFURBISHMENT OF THE NU6 CLEAR SECURITY COMPLEX. 

7 Section 3255(a) of the National Nuclear Security Ad8 ministration Act (50 U.S.C. 2455(a)) is amended by add9 ing at the end the following new paragraph: 

10 ‘‘(3) The Secretary of Energy shall, in consultation 

11 with the Secretary of Defense— 

12 ‘‘(A) review the report submitted by the Comp13 troller General under paragraph (2); and 

14 ‘‘(B) not later than 30 days after receiving that 

15 report, submit to the congressional defense commit16 tees a report that includes— 

17 ‘‘(i) the results of the review conducted 

18 under subparagraph (A); 

19 ‘‘(ii) the views of the Secretary of Energy 

20 and the Secretary of Defense with respect to— 

21 ‘‘(I) the findings of the Comptroller 

22 General in the report submitted under 

23 paragraph (2); and 

24 ‘‘(II) whether the actual funding level 

25 for the fiscal year in which the report is 

26 submitted under this subparagraph is suf-
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1 ficient for the modernization of the nuclear 

2 security complex and the refurbishment of 

3 the nuclear weapons stockpile; and 

4 ‘‘(iii) a description of any measures the 

5 Administration plans to take in response to the 

6 findings of the Comptroller General.’’. 

7 SEC. 3113. AIRCRAFT PROCUREMENT. 

8 Of the amounts authorized to be appropriated and 

9 made available for obligation under section 3101 for weap10 ons activities for any fiscal year before fiscal year 2013, 

11 the Secretary of Energy may procure not more than one 

12 aircraft. 

13 SEC. 3114. LIMITATION ON USE OF FUNDS FOR ESTABLISH14 MENT OF CENTERS OF EXCELLENCE IN 

15 COUNTRIES OUTSIDE OF THE FORMER SO16 VIET UNION. 

17 Not more than $500,000 of the funds authorized to 

18 be appropriated by section 3101 and made available by 

19 the funding table in section 4601 for defense nuclear non20 proliferation activities may be obligated or expended to es21 tablish a center of excellence in a country that is not a 

22 state of the former Soviet Union until the date that is 

23 15 days after the date on which the Administrator for Nu24 clear Security submits to the congressional defense com25 mittees a report that includes the following: 
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1 (1) An identification of the country in which 

2 the center will be located. 

3 (2) A description of the purpose for which the 

4 center will be established. 

5 (3) The agreement under which the center will 

6 operate. 

7 (4) A funding plan for the center, including— 

8 (A) the amount of funds to be provided by 

9 the government of the country in which the cen10 ter will be located; and 

11 (B) the percentage of the total cost of es12 tablishing and operating the center the funds 

13 described in subparagraph (A) will cover. 

14 SEC. 3115. RECOGNITION AND STATUS OF NATIONAL ATOM15 IC TESTING MUSEUM. 

16 Section 3137 of the National Defense Authorization 

17 Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7142) 

18 is amended— 

19 (1) in the section heading, by inserting ‘‘AND

20 NATIONAL ATOMIC TESTING MUSEUM’’ after 

21 ‘‘ATOMIC MUSEUM’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(d) RECOGNITION AND STATUS OF NATIONAL

25 ATOMIC TESTING MUSEUM.—The museum operated by 
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1 the Nevada Test Site Historical Foundation and located 

2 in Las Vegas, Nevada— 

3 ‘‘(1) is recognized as the official atomic testing 

4 museum of the United Sates; 

5 ‘‘(2) shall be known as the ‘National Atomic 

6 Testing Museum’; and 

7 ‘‘(3) shall have the sole right throughout the 

8 United States and its possessions to have and use 

9 the name ‘National Atomic Testing Museum’.’’. 

10 Subtitle C—Reports 

11 SEC. 3121. REPORT ON FEASIBILITY OF FEDERALIZING THE 

12 SECURITY PROTECTIVE FORCES CONTRACT 

13 GUARD WORKFORCE AT CERTAIN DEPART14 MENT OF ENERGY FACILITIES. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of Energy 

17 and the Administrator for Nuclear Security shall jointly 

18 submit to the congressional defense committees— 

19 (1) a report on the feasibility of federalizing 

20 some or all of the security protective forces contract 

21 guard workforce at the facilities specified in sub22 section (d); and 

23 (2) the comments of the Comptroller General of 

24 the United States on that report required under sub25 section (b). 
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1 (b) COMMENTS BY COMPTROLLER GENERAL.—The 

2 Secretary and the Administrator shall provide the draft 

3 text of the report required by subsection (a)(1) to the 

4 Comptroller General of the United States for review and 

5 comment before submitting the report to the congressional 

6 defense committees. 

7 (c) ELEMENTS.—The report required by subsection 

8 (a)(1) shall include the following: 

9 (1) An evaluation of the feasibility of converting 

10 the security protective forces contract workforce at 

11 the facilities specified in subsection (d) into a force 

12 made up, in whole or in part, of full-time Federal 

13 employees. 

14 (2) An estimate of the immediate and projected 

15 costs of any such conversion. 

16 (3) An estimate of the immediate and projected 

17 costs of maintaining guards under contract status 

18 and of maintaining guards as full-time Federal em19 ployee. 

20 (4) An assessment of the effects of any such 

21 conversion on security, including an analysis of the 

22 effects of using a Federal security guard, a Federal 

23 police officer, or a Federal protective service officer 

24 instead of a contract guard. 
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1 (5) An estimate of the hourly and annual costs 

2 of— 

3 (A) contract guards, including benefits and 

4 overtime; and 

5 (B) any comparably trained and equipped 

6 Federal force with comparable physical and 

7 other requirements. 

8 (6) A comparison of similar conversions of large 

9 groups of contract workers to full-time Federal em10 ployees and an assessment of the potential benefits 

11 and challenges of such conversions. 

12 (7) The views of the Secretary and the Admin13 istrator on the feasibility of— 

14 (A) converting the security protective 

15 forces contract workforce at the facilities speci16 fied in subsection (d) into a force made up, in 

17 whole or in part, of full-time Federal employees; 

18 (B) maintaining the security protective 

19 forces contract workforce in its current form; 

20 and 

21 (C) instituting some or all of the changes 

22 recommended in the Implementation Plan for 

23 the 29 Recommendations of the Protective 

24 Force Career Options Study Group prepared 

25 pursuant to the Report of the Committee on 
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1 Appropriations of the House of Representatives 

2 (House Report No. 111–230) accompanying the 

3 Department of Defense Appropriations Act, 

4 2010 (Public Law 111–118; 123 Stat. 3409). 

5 (d) FACILITIES SPECIFIED.—The facilities specified 

6 in this subsection are the following: 

7 (1) The Albuquerque National Nuclear Security 

8 Administration Service Center, Albuquerque, New 

9 Mexico. 

10 (2) The Argonne National Laboratory and the 

11 Argonne Site Office, Argonne, Illinois, and the Chi12 cago Service Center, Chicago, Illinois. 

13 (3) The Brookhaven National Laboratory and 

14 Brookhaven Site Office, Upton, New York. 

15 (4) The Idaho National Laboratory and the 

16 Idaho Site Office, Idaho Falls, Idaho. 

17 (5) The Kansas City Plant and the Kansas City 

18 Site Office, Kansas City, Missouri. 

19 (6) The Lawrence Livermore National Labora20 tory and the Livermore Site Office, Livermore, Cali21 fornia. 

22 (7) The Los Alamos National Laboratory and 

23 the Los Alamos Site Office, Los Alamos, New Mex24 ico. 
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1 (8) The National Energy Technology Labora2 tory. 

3 (9) The Nevada Site Office and the Nevada Na4 tional Security Site, Nevada. 

5 (10) The Oak Ridge National Laboratory, the 

6 Oak Ridge Office of the Department of Energy, and 

7 the East Tennessee Technology Park of the Depart8 ment of Energy, Oak Ridge, Tennessee. 

9 (11) The Office of Secure Transportation of the 

10 Department of Energy and associated field locations. 

11 (12) The Pantex Plant and Pantex Site Office, 

12 Amarillo, Texas. 

13 (13) The Pittsburgh Naval Reactors Office, the 

14 Bettis Atomic Power Laboratory, the Idaho Naval 

15 Reactors Facility, and the Knolls Atomic Power 

16 Laboratory. 

17 (14) The Portsmouth Gaseous Diffusion Plant, 

18 Piketon, Ohio, and the Paducah Gaseous Diffusion 

19 Plant, Paducah, Kentucky. 

20 (15) The Richland Operations Office and the 

21 Hanford Site, Richland, Washington. 

22 (16) The Sandia National Laboratories and the 

23 Sandia Site Office, Albuquerque, New Mexico. 

24 (17) The Savannah River Plant and the Savan25 nah River Site Office of the Office of Environmental 
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1 Management of the Department of Energy, Aiken, 

2 South Carolina. 

3 (18) The Savannah River National Laboratory, 

4 Aiken, South Carolina. 

5 (19) The National Savannah River Site Office 

6 and the Tritium Extraction Facility and Mixed 

7 Oxide Fuel Fabrication Facility of the National Nu8 clear Security Administration, Aiken, South Caro9 lina. 

10 (20) The Strategic Petroleum Reserve Project 

11 Office and the Strategic Petroleum Reserve Sites. 

12 (21) The Waste Isolation Pilot Plant, Carlsbad, 

13 New Mexico. 

14 (22) The Y–12 Site Office and the Y–12 Na15 tional Security Complex of the National Nuclear Se16 curity Administration, Oak Ridge, Tennessee. 

17 SEC. 3122. COMPTROLLER GENERAL STUDY ON OVERSIGHT 

18 OF DEPARTMENT OF ENERGY DEFENSE NU19 CLEAR FACILITIES. 

20 (a) IN GENERAL.—The Comptroller General of the 

21 United States shall conduct a study of the value of and 

22 the need for external regulation or external oversight of 

23 the safety of nuclear operations and the design and con24 struction of nuclear facilities at the Department of Energy 
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1 defense nuclear facilities to protect the public health and 

2 safety. 

3 (b) ELEMENTS.—The study required by subsection 

4 (a) shall include the following: 

5 (1) An assessment of the value of and the need 

6 for external regulation or external oversight, or a 

7 combination of both, of the safety of nuclear oper8 ations and the design and construction of nuclear fa9 cilities at the Department of Energy defense nuclear 

10 facilities. 

11 (2) An assessment of the ability of existing reg12 ulatory authorities to regulate safety at the Depart13 ment of Energy defense nuclear facilities. 

14 (3) An assessment of the ability of the Defense 

15 Nuclear Facilities Safety Board to regulate safety at 

16 the Department of Energy defense nuclear facilities. 

17 (4) An assessment of the current functions of 

18 the Board and whether those functions should be 

19 modified or amended, including whether the Depart20 ment of Energy should pay an oversight fee to the 

21 Board. 

22 (5) An assessment of the relative advantages 

23 and disadvantages to the Department of Energy and 

24 the public of— 
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1 (A) continuing the oversight functions of 

2 the Board; or 

3 (B) replacing the oversight functions of the 

4 Board with external regulation of some or all of 

5 the Department of Energy defense nuclear fa6 cilities. 

7 (6) A list of all existing or planned Department 

8 of Energy defense nuclear facilities that are similar 

9 to facilities under the regulatory jurisdiction of the 

10 Nuclear Regulatory Commission. 

11 (7)(A) A list of each existing Department of 

12 Energy defense nuclear facility or activity relating to 

13 such a facility that the Comptroller General rec14 ommends should— 

15 (i) remain within the oversight jurisdiction 

16 of the Board for a period of time or indefi17 nitely; or 

18 (ii) be transferred to the jurisdiction of an 

19 outside regulatory authority; and 

20 (B) the basis for the recommendations of the 

21 Comptroller General. 

22 (8) For any existing Department of Energy de23 fense nuclear facilities that the Comptroller General 

24 recommends should be transferred to the jurisdiction 

25 of an outside regulatory authority— 
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1 (A) the date by which that transfer should 

2 occur and the period of time necessary for the 

3 transfer; and 

4 (B) whether the regulatory authority 

5 should be an existing or new regulatory author6 ity. 

7 (9) A list of any proposed Department of En8 ergy defense nuclear facilities and a recommendation 

9 of the Comptroller General with respect to whether 

10 each such facility— 

11 (A) should come under the oversight juris12 diction of the Board or be transferred to the ju13 risdiction of an outside regulatory authority; 

14 and 

15 (B) if the Comptroller General rec16 ommends that the facility be transferred to the 

17 jurisdiction of any outside regulatory authority, 

18 whether the regulatory authority should be an 

19 existing or new regulatory authority. 

20 (10) An assessment of the comparative advan21 tages and disadvantages to the Department of En22 ergy and to public health and safety of the transfer 

23 of some or all of the Department of Energy defense 

24 nuclear facilities from the oversight jurisdiction of 
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1 the Board to the jurisdiction of an outside regu2 latory authority. 

3 (11) An assessment of the comparative costs 

4 associated with external oversight or external regula5 tion of safety at Department of Energy defense nu6 clear facilities. 

7 (12) Any other recommendations of the Comp8 troller General with respect to external regulation or 

9 oversight of safety at the Department of Energy. 

10 (c) INTERIM REPORT.—Not later than 180 days after 

11 the date of the enactment of this Act, the Comptroller 

12 General shall submit to the congressional defense commit13 tees an interim report on the status of the study conducted 

14 under subsection (a). 

15 (d) FINAL REPORT.—Not later than one year after 

16 the date of the enactment of this Act, the Comptroller 

17 General shall submit to the congressional defense commit18 tees, the Secretary of Energy, the Defense Nuclear Facili19 ties Safety Board, and the Nuclear Regulatory Commis20 sion the final report of the Comptroller General that con21 tains the findings and recommendations of the Comp22 troller General resulting from the study conducted under 

23 subsection (a). 

24 (e) COMMENTS ON REPORT.—Not later than 180 

25 days after receiving the final report from the Comptroller 
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1 General under subsection (d), the Secretary of Energy, the 

2 Defense Nuclear Facilities Safety Board, and the Nuclear 

3 Regulatory Commission shall submit to the congressional 

4 defense committees the comments of the Secretary, the 

5 Board, or the Commission (as the case may be) on the 

6 report. 

7 (f) DEPARTMENT OF ENERGY DEFENSE NUCLEAR

8 FACILITY DEFINED.—In this section, the term ‘‘Depart9 ment of Energy defense nuclear facility’’ has the meaning 

10 given that term in section 318 of the Atomic Energy Act 

11 of 1954 (42 U.S.C. 2286g). 

12 SEC. 3123. PLAN TO COMPLETE THE GLOBAL INITIATIVES 

13 FOR PROLIFERATION PREVENTION PRO14 GRAM IN THE RUSSIAN FEDERATION. 

15 At or about the same time that the budget of the 

16 President for fiscal year 2013 is submitted to Congress 

17 under section 1105(a) of title 31, United States Code, the 

18 Administrator for Nuclear Security shall submit to Con19 gress a plan to complete the Global Initiatives for Pro20 liferation Prevention program in the Russian Federation 

21 by the end of calendar year 2013. 
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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY 

3 BOARD 

4 SEC. 3201. AUTHORIZATION. 

5 There are authorized to be appropriated for fiscal 

6 year 2012, $33,317,000 for the operation of the Defense 

7 Nuclear Facilities Safety Board under chapter 21 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq). 

9 SEC. 3202. AUTHORITY OF THE DEFENSE NUCLEAR FACILI10 TIES SAFETY BOARD TO REVIEW THE FACIL11 ITY DESIGN AND CONSTRUCTION OF CON12 STRUCTION PROJECT 10–D–904 OF THE NA13 TIONAL NUCLEAR SECURITY ADMINISTRA14 TION. 

15 Notwithstanding section 318(1)(A) of the Atomic En16 ergy Act of 1954 (42 U.S.C. 2286g(1)(A)), the Defense 

17 Nuclear Facilities Safety Board shall exercise the author18 ity of the Board under section 312(a)(4) of that Act (42 

19 U.S.C. 2286a(a)(4)) to review the design of, and review 

20 and monitor construction with respect to, Construction 

21 Project 10–D–904 of the National Nuclear Security Ad22 ministration. 
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1 TITLE XXXIII—MARITIME 

2 ADMINISTRATION 

3 SEC. 3301. MARITIME ADMINISTRATION. 

4 Section 109 of title 49, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 109. Maritime Administration 

7 ‘‘(a) ORGANIZATION.—The Maritime Administration 

8 is an administration in the Department of Transportation. 

9 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the 

10 Maritime Administration is the Maritime Administrator, 

11 who is appointed by the President by and with the advice 

12 and consent of the Senate. The Administrator shall report 

13 directly to the Secretary of Transportation and carry out 

14 the duties prescribed by the Secretary. 

15 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The 

16 Maritime Administration shall have a Deputy Maritime 

17 Administrator, who is appointed in the competitive service 

18 by the Secretary, after consultation with the Adminis19 trator. The Deputy Administrator shall carry out the du20 ties prescribed by the Administrator. The Deputy Admin21 istrator shall be Acting Administrator during the absence 

22 or disability of the Administrator and, unless the Sec23 retary designates another individual, during a vacancy in 

24 the office of Administrator. 
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1 ‘‘(d) DUTIES AND POWERS VESTED IN SEC2 RETARY.—All duties and powers of the Maritime Adminis3 tration are vested in the Secretary. 

4 ‘‘(e) REGIONAL OFFICES.—The Maritime Adminis5 tration shall have regional offices for the Atlantic, Gulf, 

6 Great Lakes, and Pacific port ranges, and may have other 

7 regional offices as necessary. The Secretary shall appoint 

8 a qualified individual as Director of each regional office. 

9 The Secretary shall carry out appropriate activities and 

10 programs of the Maritime Administration through the re11 gional offices. 

12 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.— 

13 The Secretary shall establish and maintain liaison with 

14 other agencies, and with representative trade organiza15 tions throughout the United States, concerned with the 

16 transportation of commodities by water in the export and 

17 import foreign commerce of the United States, for the pur18 pose of securing preference to vessels of the United States 

19 for the transportation of those commodities. 

20 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.— 

21 To assist the Secretary in carrying out duties and powers 

22 relating to the Maritime Administration, not more than 

23 five officers of the armed forces may be detailed to the 

24 Secretary at any one time, in addition to details author25 ized by any other law. During the period of a detail, the 
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1 Secretary shall pay the officer an amount that, when 

2 added to the officer’s pay and allowances as an officer in 

3 the armed forces, makes the officer’s total pay and allow4 ances equal to the amount that would be paid to an indi5 vidual performing work the Secretary considers to be of 

6 similar importance, difficulty, and responsibility as that 

7 performed by the officer during the detail. 

8 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

9 AUDITS.— 

10 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE11 MENTS.—In the same manner that a private cor12 poration may make a contract within the scope of its 

13 authority under its charter, the Secretary may make 

14 contracts and cooperative agreements for the United 

15 States Government and disburse amounts to— 

16 ‘‘(A) carry out the Secretary’s duties and 

17 powers under this section, subtitle V of title 46, 

18 and all other Maritime Administration pro19 grams; and 

20 ‘‘(B) protect, preserve, and improve collat21 eral held by the Secretary to secure indebted22 ness. 

23 ‘‘(2) AUDITS.—The financial transactions of 

24 the Secretary under paragraph (1) shall be audited 

25 by the Comptroller General. The Comptroller Gen-
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1 eral shall allow credit for an expenditure shown to 

2 be necessary because of the nature of the business 

3 activities authorized by this section or subtitle V of 

4 title 46. At least once a year, the Comptroller Gen5 eral shall report to Congress any departure by the 

6 Secretary from this section or subtitle V of title 46. 

7 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

8 otherwise provided by law, the administrative and related 

9 expenses for the administration of any grant programs by 

10 the Maritime Administrator may not exceed 3 percent. 

11 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

12 ‘‘(1) IN GENERAL.—Except as otherwise pro13 vided in this subsection, there are authorized to be 

14 appropriated such amounts as may be necessary to 

15 carry out the duties and powers of the Secretary re16 lating to the Maritime Administration. 

17 ‘‘(2) LIMITATIONS.—Only those amounts spe18 cifically authorized by law may be appropriated for 

19 the use of the Maritime Administration for— 

20 ‘‘(A) acquisition, construction, or recon21 struction of vessels; 

22 ‘‘(B) construction-differential subsidies in23 cident to the construction, reconstruction, or re24 conditioning of vessels; 

25 ‘‘(C) costs of national defense features; 
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1 ‘‘(D) payments of obligations incurred for 

2 operating-differential subsidies; 

3 ‘‘(E) expenses necessary for research and 

4 development activities, including reimbursement 

5 of the Vessel Operations Revolving Fund for 

6 losses resulting from expenses of experimental 

7 vessel operations; 

8 ‘‘(F) the Vessel Operations Revolving 

9 Fund; 

10 ‘‘(G) National Defense Reserve Fleet ex11 penses; 

12 ‘‘(H) expenses necessary to carry out part 

13 B of subtitle V of title 46; and 

14 ‘‘(I) other operations and training expenses 

15 related to the development of waterborne trans16 portation systems, the use of waterborne trans17 portation systems, and general administration. 

18 ‘‘(3) TRAINING VESSELS.—Amounts may not be 

19 appropriated for the purchase or construction of 

20 training vessels for State maritime academies unless 

21 the Secretary has approved a plan for sharing train22 ing vessels between State maritime academies.’’. 
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1 DIVISION D—FUNDING TABLES 

2 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA3 BLES. 

4 (a) IN GENERAL.—Whenever a funding table in this 

5 division specifies a dollar amount authorized for a project, 

6 program, or activity, the obligation and expenditure of the 

7 specified dollar amount for the project, program, or activ8 ity is hereby authorized, subject to the availability of ap9 propriations. 

10 (b) MERIT-BASED DECISIONS.—Decisions by agency 

11 heads to commit, obligate, or expend funds with or to a 

12 specific entity on the basis of a dollar amount authorized 

13 pursuant to subsection (a) shall be based on authorized, 

14 transparent, statutory criteria, or merit-based selection 

15 procedures in accordance with the requirements of sec16 tions 2304(k) and 2374 of title 10, United States Code, 

17 and other applicable provisions of law. 

18 (c) RELATIONSHIP TO TRANSFER AND PROGRAM19 MING AUTHORITY.—An amount specified in the funding 

20 tables in this division may be transferred or repro21 grammed under a transfer or reprogramming authority 

22 provided by another provision of this Act or by other law. 

23 The transfer or reprogramming of an amount specified in 

24 such funding tables shall not count against a ceiling on 

25 such transfers or reprogrammings under section 1001 of 
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1 this Act or any other provision of law, unless such transfer 

2 or reprogramming would move funds between appropria3 tion accounts. 

4 (d) ORAL AND WRITTEN COMMUNICATIONS.—No 

5 oral or written communication concerning any amount 

6 specified in the funding tables in this division shall 

7 supercede the requirements of this section. 
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TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

1 UTILITY F/W AIRCRAFT ........................................................................................ 14,572 14,572 

2 C–12 CARGO AIRPLANE ......................................................................................... 0 0 

3 AERIAL COMMON SENSOR (ACS) (MIP) ............................................................. 539,574 0 

Terminate EMARRS ............................................................................................... [–539,574 ] 

4 MQ–1 UAV .................................................................................................................. 658,798 0 

Transfer to OCO ...................................................................................................... [–658,798 ] 

5 RQ–11 (RAVEN) ........................................................................................................ 70,762 58,862 

Army offered program reduction ............................................................................. [–11,900 ] 

6 BCT UNMANNED AERIAL VEH (UAVS) INCR 1 ................................................ 0 0 

7 HELICOPTER, LIGHT UTILITY (LUH) ............................................................... 250,415 250,415 

8 AH–64 BLOCK II/WRA ............................................................................................. 0 0 

9 AH–64 APACHE BLOCK IIIA REMAN .................................................................. 572,155 395,155 

Army offered program reduction ............................................................................. [–177,000 ] 

9 AH–64 APACHE BLOCK IIIA REMAN .................................................................. –161,150 –161,150 

10 AH–64 APACHE BLOCK IIIA REMAN .................................................................. 192,764 192,764 

11 AH–64 APACHE BLOCK IIIB NEW BUILD ......................................................... 104,263 104,263 

12 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 1,426,198 1,418,198 

Unjustified program management growth ............................................................... [–8,000 ] 

12 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... –100,532 –100,532 

13 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 199,781 199,781 

14 CH–47 HELICOPTER ............................................................................................... 1,363,116 1,297,116 

Army requested transfer to APA Line 15 for correct execution ............................. [–66,000 ] 

14 CH–47 HELICOPTER ............................................................................................... –57,756 –57,756 

15 CH–47 HELICOPTER ............................................................................................... 54,956 120,956 

Army requested transfer from APA Line 14 for correct execution ........................ [66,000 ] 

16 HELICOPTER NEW TRAINING ............................................................................. 0 0 

17 KIOWA WARRIOR UPGRADE (OH–58 D)/WRA ................................................... 0 0 

18 C12 AIRCRAFT MODS ............................................................................................. 0 0 

19 MQ–1 PAYLOAD—UAS ............................................................................................ 136,183 0 

Administration recommendation .............................................................................. [–29,000 ] 

Transfer to OCO ...................................................................................................... [–107,183 ] 

20 MQ–1 WEAPONIZATION—UAS .............................................................................. 0 0 

21 GUARDRAIL MODS (MIP) ....................................................................................... 27,575 27,575 

22 MULTI SENSOR ABN RECON (MIP) .................................................................... 8,362 8,362 

23 AH–64 MODS ............................................................................................................. 331,230 331,230 

23 AH–64 MODS ............................................................................................................. 0 0 

24 CH–47 CARGO HELICOPTER MODS (MYP) ........................................................ 79,712 57,012 

Cargo and ballistic protection contract delays ......................................................... [–22,700 ] 

24 CH–47 CARGO HELICOPTER MODS (MYP) ........................................................ 0 0 

25 UTILITY/CARGO AIRPLANE MODS ..................................................................... 22,107 12,107 

Contract delays ........................................................................................................ [–10,000] 

26 AIRCRAFT LONG RANGE MODS .......................................................................... 0 0 

27 UTILITY HELICOPTER MODS .............................................................................. 80,745 74,745 

Contract delays ........................................................................................................ [–6,000 ] 

28 KIOWA WARRIOR ..................................................................................................... 162,052 162,052 

29 AIRBORNE AVIONICS ............................................................................................. 0 0 

30 NETWORK AND MISSION PLAN .......................................................................... 138,832 136,432 

Aviation Data Exploitation Capability ahead of need ............................................. [–2,400 ] 

31 COMMS, NAV SURVEILLANCE .............................................................................. 132,855 117,855 

JTRS Integreation ahead of need ........................................................................... [–15,000 ] 

32 GATM ROLLUP ......................................................................................................... 105,519 105,519 

33 RQ–7 UAV MODS ...................................................................................................... 126,239 76,239 

Administration recommendation .............................................................................. [–50,000 ] 

34 SPARE PARTS (AIR) ................................................................................................ 0 0 

35 AIRCRAFT SURVIVABILITY EQUIPMENT ......................................................... 35,993 35,993 

36 SURVIVABILITY CM ................................................................................................ 0 0 

37 CMWS .......................................................................................................................... 162,811 104,251 

Production and installation contract delays ............................................................ [–58,560 ] 

38 AVIONICS SUPPORT EQUIPMENT ....................................................................... 4,840 4,840 

39 COMMON GROUND EQUIPMENT ......................................................................... 176,212 95,417 

Army offered program reduction ............................................................................. [–19,100 ] 

Aviation Light Utility Mobile Maintenance (ALUMMC) no longer required .......... [–3,287 ] 

Aviation Sets, Kits, Outfits, Tools contract delay ................................................... [–58,408 ] 

40 AIRCREW INTEGRATED SYSTEMS ..................................................................... 82,883 62,746 

Air Soldier System early to need ............................................................................. [–20,137 ] 

41 AIR TRAFFIC CONTROL ........................................................................................ 114,844 102,444 

Army offered program reduction ............................................................................. [–12,400 ] 

42 INDUSTRIAL FACILITIES ..................................................................................... 1,593 1,593 
736 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

43 LAUNCHER, 2.75 ROCKET ..................................................................................... 2,878 2,878 

44 AIRBORNE COMMUNICATIONS ............................................................................ 0 0 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ........................................... 7,061,381 5,251,934 

MISSILE PROCUREMENT, ARMY 

1 PATRIOT SYSTEM SUMMARY ............................................................................... 662,231 662,231 

2 MSE MISSILE ............................................................................................................ 74,953 74,953 

3 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: .................................... 0 0 

3 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: .................................... 0 0 

4 HELLFIRE SYS SUMMARY .................................................................................... 1,410 1,410 

5 JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................ 160,767 140,767 

Army offered program reduction ............................................................................. [–20,000 ] 

6 TOW 2 SYSTEM SUMMARY .................................................................................... 84,108 81,108 

Unit cost efficiencies ................................................................................................ [–3,000 ] 

6 TOW 2 SYSTEM SUMMARY .................................................................................... –22,432 –22,432 

7 TOW 2 SYSTEM SUMMARY .................................................................................... 19,886 19,886 

8 BCT NON LINE OF SIGHT LAUNCH SYSTEM—INCREM ............................... 0 0 

9 GUIDED MLRS ROCKET (GMLRS) ....................................................................... 314,167 164,167 

Program reduction ................................................................................................... [–150,000 ] 

10 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ................................. 18,175 18,175 

11 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ........................... 31,674 20,674 

Army offered program reduction ............................................................................. [–11,000 ] 

12 PATRIOT MODS ........................................................................................................ 66,925 66,925 

13 STINGER MODS ....................................................................................................... 14,495 –5

Transfer at Army request to RDTE Army PE 23801A ..................................... [–14,500 ] 

14 ITAS/TOW MODS ...................................................................................................... 13,577 13,577 

15 MLRS MODS .............................................................................................................. 8,236 8,236 

16 HIMARS MODIFICATIONS ..................................................................................... 11,670 11,670 

17 HELLFIRE MODIFICATIONS ................................................................................ 0 0 

18 SPARES AND REPAIR PARTS ............................................................................... 8,700 8,700 

19 AIR DEFENSE TARGETS ....................................................................................... 3,674 3,674 

20 ITEMS LESS THAN $5.0M (MISSILES) ................................................................ 1,459 1,459 

21 PRODUCTION BASE SUPPORT ............................................................................. 5,043 5,043 

TOTAL, MISSILE PROCUREMENT, ARMY ............................................... 1,478,718 1,280,218 

PROCUREMENT OF W&TCV, ARMY 

1 STRYKER VEHICLE ................................................................................................ 632,994 606,894 

Prior year unobligated funds available .................................................................... [–26,100 ] 

2 FUTURE COMBAT SYSTEMS: (FCS) .................................................................... 0 0 

2 FUTURE COMBAT SYSTEMS: (FCS) .................................................................... 0 0 

3 FCS SPIN OUTS ........................................................................................................ 0 0 

3 FCS SPIN OUTS ........................................................................................................ 0 0 

4 FCS SPIN OUTS ........................................................................................................ 0 0 

5 STRYKER (MOD) ...................................................................................................... 52,797 51,497 

Excess program management .................................................................................. [–1,300 ] 

6 FIST VEHICLE (MOD) ............................................................................................. 43,962 35,162 

Funding ahead of need ............................................................................................ [–8,800 ] 

7 BRADLEY PROGRAM (MOD) ................................................................................. 250,710 250,710 

8 HOWITZER, MED SP FT 155MM M109A6 (MOD) ............................................... 46,876 46,876 

9 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ................................. 10,452 6,452 

Excess contractor engineering ................................................................................. [–4,000 ] 

10 ASSAULT BREACHER VEHICLE .......................................................................... 99,904 95,904 

Unjustified growth in matrix support and engineering change proposals ............... [–4,000 ] 

11 M88 FOV MODS ........................................................................................................ 32,483 32,483 

12 JOINT ASSAULT BRIDGE ...................................................................................... 0 0 

13 M1 ABRAMS TANK (MOD) ...................................................................................... 160,578 131,178 

Unjustified technical support costs .......................................................................... [–29,400 ] 

14 ABRAMS UPGRADE PROGRAM ............................................................................. 181,329 421,329 

Program increase to add 49 tanks to bridge production gap .................................. [240,000 ] 

15 PRODUCTION BASE SUPPORT (TCV-WTCV) ..................................................... 1,073 1,073 

16 HOWITZER, LIGHT, TOWED, 105MM, M119 ....................................................... 0 0 

17 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY .................................. 16,046 0 

Transfer at Army’s request to RDTE, Army PE 64601A ..................................... [–16,046 ] 

18 M240 MEDIUM MACHINE GUN (7.62MM) ........................................................... 0 0 

19 MACHINE GUN, CAL .50 M2 ROLL ....................................................................... 65,102 0 

Transfer at Army request to WTCV line 34 ........................................................... [–34,000 ] 

Transfer to OCO ...................................................................................................... [–31,102 ] 

20 LIGHTWEIGHT .50 CALIBER MACHINE GUN ................................................... 28,796 13,931 

Transfer at Army request to RDTE Army PE 64601A ..................................... [–1,700 ] 

Army revised lower quantity .................................................................................... [–13,165 ] 

21 M249 SAW MACHINE GUN (5.56MM) ................................................................... 0 0 

22 MK–19 GRENADE MACHINE GUN (40MM) ......................................................... 0 0 

23 MORTAR SYSTEMS .................................................................................................. 12,477 10,177 

Excess production engineering ................................................................................. [–2,300 ] 

24 M107, CAL. 50, SNIPER RIFLE .............................................................................. 0 0 

25 XM320 GRENADE LAUNCHER MODULE (GLM) ............................................... 12,055 12,055 
737 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

26 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ........................................... 0 0 

27 M4 CARBINE ............................................................................................................. 35,015 35,015 

28 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ...................................... 6,707 4,207 

Army offered program reduction ............................................................................. [–2,500 ] 

29 COMMON REMOTELY OPERATED WEAPONS STATION (CRO ...................... 0 0 

30 HANDGUN ................................................................................................................. 0 0 

31 HOWITZER LT WT 155MM (T) .............................................................................. 13,066 0 

Transfer to OCO ...................................................................................................... [–13,066 ] 

32 MK–19 GRENADE MACHINE GUN MODS ........................................................... 0 0 

33 M4 CARBINE MODS ................................................................................................. 25,092 25,092 

34 M2 50 CAL MACHINE GUN MODS ........................................................................ 14,856 0 

Transfer at Army request from WTCV line 19 ....................................................... [34,000 ] 

Transfer to OCO ...................................................................................................... [–48,856 ] 

35 M249 SAW MACHINE GUN MODS ......................................................................... 8,480 8,480 

36 M240 MEDIUM MACHINE GUN MODS ................................................................ 15,718 15,718 

37 SNIPER RIFLES MODIFICATIONS ....................................................................... 1,994 1,994 

38 M119 MODIFICATIONS ........................................................................................... 38,701 38,701 

39 M16 RIFLE MODS .................................................................................................... 3,476 3,476 

40 M14 7.62 RIFLE MODS ............................................................................................ 0 0 

41 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ........................................ 2,973 2,973 

42 ITEMS LESS THAN $5.0M (WOCV-WTCV) ........................................................... 0 0 

43 PRODUCTION BASE SUPPORT (WOCV-WTCV) ................................................. 10,080 10,080 

44 INDUSTRIAL PREPAREDNESS ............................................................................ 424 424 

45 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ........................................ 2,453 2,453 

46 SPARES AND REPAIR PARTS (WTCV) ................................................................ 106,843 106,843 

TOTAL, PROCUREMENT OF W&TCV, ARMY .......................................... 1,933,512 1,971,177 

PROCUREMENT OF AMMUNITION, ARMY 

1 CTG, 5.56MM, ALL TYPES ...................................................................................... 210,758 210,758 

2 CTG, 7.62MM, ALL TYPES ...................................................................................... 83,730 83,730 

3 CTG, 7.62MM, 4 BALL M80 FS, 1 DIM TRCR M276, ........................................... 0 0 

4 CTG, HANDGUN, ALL TYPES ............................................................................... 9,064 7,064 

Funding ahead of need. ........................................................................................... [–2,000 ] 

5 CTG, .50 CAL, ALL TYPES ..................................................................................... 131,775 131,775 

6 CTG, 20MM, ALL TYPES ......................................................................................... 0 0 

7 CTG, 25MM, ALL TYPES ......................................................................................... 14,894 10,594 

Army offered reduction. ........................................................................................... [–4,300 ] 

8 OBJECTIVE FAMILY OF WEAPONS AMMUNITION, ALL T ........................... 3,399 0 

Funding ahead of need. ........................................................................................... [–3,399 ] 

9 CTG, 30MM, ALL TYPES ......................................................................................... 118,966 105,966 

Program growth adjustment. ................................................................................... [–13,000 ] 

10 CTG, 40MM, ALL TYPES ......................................................................................... 84,799 34,799 

Army offered reduction. ........................................................................................... [–50,000 ] 

11 CTG, CAL .300 WIN MAG, MK 248 MOD 0 (7.62X67M ........................................ 0 0 

12 60MM MORTAR, ALL TYPES ................................................................................. 31,287 31,287 

13 81MM MORTAR, ALL TYPES ................................................................................. 12,187 12,187 

14 120MM MORTAR, ALL TYPES ............................................................................... 108,416 98,416 

Army offered reduction. ........................................................................................... [–10,000 ] 

15 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ................................. 105,704 105,205 

Unjustified request. .................................................................................................. [–499 ] 

16 CTG, TANK, 120MM, ALL TYPES .......................................................................... 0 0 

17 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP .............................. 103,227 103,227 

18 CTG, ARTY, 105MM: ALL TYPES .......................................................................... 0 0 

19 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................... 32,887 32,887 

20 PROJ 155MM EXTENDED RANGE XM982 .......................................................... 69,074 48,074 

Program restructure. ............................................................................................... [–21,000 ] 

21 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................ 48,205 46,705 

Pricing adjustment. .................................................................................................. [–1,500 ] 

22 ARTILLERY FUZES, ALL TYPES ......................................................................... 0 0 

23 MINES & CLEARING CHARGES, ALL TYPES .................................................... 2,518 2,518 

24 MINE, CLEARING CHARGE, ALL TYPES ........................................................... 0 0 

25 SPIDER NETWORK MUNITIONS, ALL TYPES .................................................. 43,123 15,423 

Full rate production delay. ...................................................................................... [–27,700 ] 

26 SCORPION, INTELLIGENT MUNITIONS SYSTEM , ALL ................................. 0 0 

27 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ......................................... 19,254 17,854 

Excess production engineering. ................................................................................ [–1,400 ] 

28 ROCKET, HYDRA 70, ALL TYPES ........................................................................ 127,265 127,265 

29 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 53,685 53,685 

30 GRENADES, ALL TYPES ........................................................................................ 42,558 40,558 

Grenade Rifle Entry Munition—Army offered reduction. ....................................... [–2,000 ] 

31 SIGNALS, ALL TYPES ............................................................................................. 26,173 26,173

32 SIMULATORS, ALL TYPES .................................................................................... 14,108 6,108 

Army offered reduction—M115A2 Simulators ........................................................ [–4,000 ] 

Army offered reduction—M116A1 Simulators ........................................................ [–4,000 ] 

33 ALL OTHER (AMMO) ............................................................................................... 50 50 

34 AMMO COMPONENTS, ALL TYPES ...................................................................... 18,296 18,296 

35 NON-LETHAL AMMUNITION, ALL TYPES ......................................................... 14,864 14,864 
738 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

36 CAD/PAD ALL TYPES ............................................................................................. 5,449 5,449 

37 ITEMS LESS THAN $5 MILLION .......................................................................... 11,009 11,009 

38 AMMUNITION PECULIAR EQUIPMENT ............................................................. 24,200 24,200 

39 FIRST DESTINATION TRANSPORTATION (AMMO) ......................................... 13,711 13,711 

40 CLOSEOUT LIABILITIES ....................................................................................... 103 103 

41 PROVISION OF INDUSTRIAL FACILITIES ........................................................ 199,841 199,841 

42 LAYAWAY OF INDUSTRIAL FACILITIES ........................................................... 9,451 9,451 

43 MAINTENANCE OF INACTIVE FACILITIES ...................................................... 5,533 1,533 

Army offered reduction. ........................................................................................... [–4,000 ] 

44 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ............................. 189,789 177,789 

Contract award delay. .............................................................................................. [–12,000 ] 

45 ARMS INITIATIVE ................................................................................................... 3,273 3,273 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ............................. 1,992,625 1,831,827 

OTHER PROCUREMENT, ARMY 

1 TACTICAL TRAILERS/DOLLY SETS .................................................................... 0 0 

2 SEMITRAILERS, FLATBED: .................................................................................. 13,496 596 

Early to need ........................................................................................................... [–12,900 ] 

3 SEMITRAILERS, TANKERS ................................................................................... 0 0 

4 HI MOB MULTI-PURP WHLD VEH (HMMWV) ................................................... 0 0 

5 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................. 432,936 422,936 

Unjustified program management cost growth ....................................................... [–10,000 ] 

6 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ................................... 21,930 21,930 

7 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ......................................... 627,294 555,294 

Army offered program reduction ............................................................................. [–72,000 ] 

8 PLS ESP ..................................................................................................................... 251,667 251,667 

9 ARMORED SECURITY VEHICLES (ASV) ............................................................. 0 0 

10 MINE PROTECTION VEHICLE FAMILY ............................................................. 56,671 0 

Army offered program reduction ............................................................................. [–48,000 ] 

Transfer to OCO ...................................................................................................... [–8,671 ] 

11 FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) ........................... 0 0 

12 TRUCK, TRACTOR, LINE HAUL, M915/M916 ..................................................... 1,461 0 

Prior year unobligated funds available .................................................................... [–1,461 ] 

13 HVY EZPANDED MOBILE TACTICAL TRUCK EXT SERV .............................. 156,747 156,747 

14 HMMWV RECAPITALIZATION PROGRAM .......................................................... 161,631 4,313 

Funding provided in approved prior year reprogramming action ........................... [–157,318 ] 

15 TACTICAL WHEELED VEHICLE PROTECTION KITS ..................................... 39,908 0 

Transfer to OCO ...................................................................................................... [–39,908 ] 

16 MODIFICATION OF IN SVC EQUIP ...................................................................... 362,672 344,772 

HMMWV installation early to need ......................................................................... [–3,900 ] 

Excessive program support costs ............................................................................. [–14,000 ] 

17 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS .............................. 142,862 0 

Excessive program support costs ............................................................................. [–15,000 ] 

Transfer to OCO ...................................................................................................... [–127,862 ] 

18 ITEMS LESS THAN $5.0M (TAC VEH) ................................................................. 0 0 

19 TOWING DEVICE-FIFTH WHEEL ........................................................................ 0 0 

20 AMC CRITICAL ITEMS, OPA1 ................................................................................ 20,156 0 

Unjustified request ................................................................................................... [–20,156 ] 

21 HEAVY ARMORED SEDAN ..................................................................................... 1,161 1,161 

22 PASSENGER CARRYING VEHICLES .................................................................... 3,222 3,222 

23 NONTACTICAL VEHICLES, OTHER .................................................................... 19,869 19,869 

24 JOINT COMBAT IDENTIFICATION MARKING SYSTEM ................................. 9,984 9,984 

25 WIN-T—GROUND FORCES TACTICAL NETWORK ........................................... 974,186 865,186 

Increment 2 contract delay ...................................................................................... [–109,000 ] 

26 JCSE EQUIPMENT (USREDCOM) ......................................................................... 4,826 4,826 

28 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ............................. 123,859 123,859 

29 SHF TERM ................................................................................................................. 8,910 8,910 

30 SAT TERM, EMUT (SPACE) ................................................................................... 0 0 

31 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ...................................... 29,568 25,168 

Army offered program reduction ............................................................................. [–4,400 ] 

32 SMART-T (SPACE) .................................................................................................... 49,704 49,704 

33 SCAMP (SPACE) ........................................................................................................ 2,415 2,415 

34 GLOBAL BRDCST SVC—GBS ................................................................................ 73,374 64,774 

Excessive unit cost growth ....................................................................................... [–8,600 ] 

35 MOD OF IN-SVC EQUIP (TAC SAT) ...................................................................... 31,799 31,799 

36 MOD-IN-SERVICE PROFILER ................................................................................ 969 969 

37 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ............................................... 18,788 18,788 

38 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) .................................... 3,994 3,994 

39 JOINT TACTICAL RADIO SYSTEM ....................................................................... 775,832 206,087 

Ground Mobile Radio program restructure ............................................................. [–153,833 ] 

Airborne, Maritime, Fixed Station program delay .................................................. [–108,000 ] 

Manpack radio program delay ................................................................................. [–256,912 ] 

Army requested transfer to RDTE Navy line 100 .................................................. [–51,000 ] 

40 RADIO TERMINAL SET, MIDS LVT(2) ................................................................ 8,336 8,336 

41 SINCGARS FAMILY .................................................................................................. 4,992 500 

Prior year unobligated funds available .................................................................... [–4,492 ] 

42 AMC CRITICAL ITEMS—OPA2 .............................................................................. 0 0 
739 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

43 TRACTOR DESK ....................................................................................................... 10,827 10,827 

44 COMMS-ELEC EQUIP FIELDING .......................................................................... 0 0 

45 SPIDER APLA REMOTE CONTROL UNIT ........................................................... 36,224 14,024 

Program delay .......................................................................................................... [–22,200] 

46 IMS REMOTE CONTROL UNIT ............................................................................. 0 0 

47 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS ...................... 1,843 1,843 

48 COMBAT SURVIVOR EVADER LOCATOR (CSEL) ............................................. 0 0 

49 GUNSHOT DETECTION SYSTEM (GDS) ............................................................. 3,939 3,939 

50 RADIO, IMPROVED HF (COTS) FAMILY ............................................................. 38,535 29,435 

Army offered program reduction ............................................................................. [–9,100 ] 

51 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ....................................... 26,232 26,232 

53 CI AUTOMATION ARCHITECTURE ...................................................................... 1,547 1,547 

54 RESERVE CA/MISO GPF EQUIPMENT ................................................................ 28,266 28,266 

55 TSEC—ARMY KEY MGT SYS (AKMS) .................................................................. 12,541 11,441 

Army offered program reduction ............................................................................. [–1,100 ] 

56 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ...................................... 39,349 39,349 

57 TERRESTRIAL TRANSMISSION ........................................................................... 2,232 2,232 

58 BASE SUPPORT COMMUNICATIONS ................................................................... 37,780 37,780 

59 WW TECH CON IMP PROG (WWTCIP) ................................................................. 12,805 12,805 

60 INFORMATION SYSTEMS ...................................................................................... 187,227 131,227 

Prior year unobligated funds available .................................................................... [–56,000 ] 

61 DEFENSE MESSAGE SYSTEM (DMS) .................................................................. 4,393 4,393 

62 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ........................ 310,761 310,761 

63 PENTAGON INFORMATION MGT AND TELECOM ........................................... 4,992 4,992 

66 JTT/CIBS-M ............................................................................................................... 4,657 4,657 

67 PROPHET GROUND ................................................................................................ 72,041 72,041 

68 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) ......................................................... 0 0 

69 DRUG INTERDICTION PROGRAM (DIP) (TIARA) ............................................. 0 0 

70 DCGS-A (MIP) ............................................................................................................ 144,548 0 

unjustified growth .................................................................................................... [–20,000 ] 

Transfer to OCO ...................................................................................................... [–124,548 ] 

71 JOINT TACTICAL GROUND STATION (JTAGS) ................................................ 1,199 1,199 

72 TROJAN (MIP) .......................................................................................................... 32,707 32,707 

73 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ...................................................... 9,163 9,163 

74 CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP ............................. 3,493 3,493 

75 ITEMS LESS THAN $5.0M (MIP) ........................................................................... 802 802 

76 LIGHTWEIGHT COUNTER MORTAR RADAR ..................................................... 33,810 0 

Requirement met with prior year funds .................................................................. [–33,810 ] 

77 CREW .......................................................................................................................... 24,104 0 

Requirement met with prior year funds .................................................................. [–24,104 ] 

78 BCT UNATTENDED GROUND SENSOR .............................................................. 0 0 

79 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITES ........................... 0 0 

80 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ....................... 1,252 1,252 

81 CI MODERNIZATION ............................................................................................... 1,332 1,332 

82 FAAD GBS .................................................................................................................. 7,958 7,958 

83 SENTINEL MODS ..................................................................................................... 41,657 41,657 

84 SENSE THROUGH THE WALL (STTW) ............................................................... 47,498 47,498 

85 NIGHT VISION DEVICES ....................................................................................... 156,204 151,704 

Army offered program reduction ............................................................................. [–4,500 ] 

86 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ....................... 102,334 102,334 

87 NIGHT VISION, THERMAL WPN SIGHT ............................................................. 186,859 143,059 

Army offered program reduction ............................................................................. [–43,800 ] 

88 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ................................... 10,227 8,027 

Army offered program reduction ............................................................................. [–2,200 ] 

89 RADIATION MONITORING SYSTEMS .................................................................. 0 0 

90 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ................................... 15,774 0 

Transfer to OCO ...................................................................................................... [–15,774 ] 

91 BASE EXPEDITIONARY TARGETING AND SURV SYS .................................... 0 0 

92 GREEN LASER INTERDICTION SYSTEM ........................................................... 25,356 0 

Army offered program reduction ............................................................................. [–6,300 ] 

Transfer to OCO ...................................................................................................... [–19,056 ] 

93 ARTILLERY ACCURACY EQUIP ............................................................................ 0 0 

94 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ........................ 0 0 

95 PROFILER ................................................................................................................. 3,312 3,312 

96 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ............................................. 3,005 3,005 

97 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) .............................. 0 0 

98 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ........................................... 69,514 20,014 

Army offered program reduction ............................................................................. [–49,500 ] 

99 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER .................................. 58,042 58,042 

100 COMPUTER BALLISTICS: LHMBC XM32 ............................................................ 0 0 

101 MORTAR FIRE CONTROL SYSTEM ..................................................................... 21,022 21,022 

102 COUNTERFIRE RADARS ........................................................................................ 227,629 170,529 

Army offered program reduction ............................................................................. [–57,100 ] 

103 ENHANCED SENSOR & MONITORING SYSTEM ............................................... 2,226 2,226 

104 TACTICAL OPERATIONS CENTERS .................................................................... 54,907 54,907 

105 FIRE SUPPORT C2 FAMILY .................................................................................. 54,223 37,423 

Army offered program reduction ............................................................................. [–16,800 ] 

106 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ....................... 12,454 7,754 
740 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

Army offered program reduction ............................................................................. [–4,700 ] 

107 FAAD C2 ..................................................................................................................... 5,030 5,030 

108 AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................ 62,710 54,910 

Army offered program reduction ............................................................................. [–7,800 ] 

109 KNIGHT FAMILY ..................................................................................................... 51,488 32,202 

Program growth adjustment .................................................................................... [–19,286 ] 

110 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ...................................................... 1,807 1,807 

111 AUTOMATIC IDENTIFICATION TECHNOLOGY ................................................ 28,924 19,524 

Army offered program reduction ............................................................................. [–9,400 ] 

112 TC AIMS II ................................................................................................................. 0 0 

113 TACTICAL INTERNET MANAGER ........................................................................ 0 0 

114 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ........................ 0 0 

115 MANEUVER CONTROL SYSTEM (MCS) .............................................................. 34,031 34,031 

116 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ............................................ 210,312 124,026 

Army requested transfer to RDTE Army line 177 ................................................. [–9,251 ] 

Army requested transfer to OMA Budget Activity 04 ............................................ [–60,240 ] 

Army requested transfer to OPA line 119 .............................................................. [–1,795 ] 

Army identified excess ............................................................................................. [–15,000 ] 

117 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ............................ 19,113 19,113 

118 MOUNTED BATTLE COMMAND ON THE MOVE (MBCOTM) ......................... 0 0 

119 GENERAL FUND ENTERPRISE BUSINESS SYSTEM ...................................... 23,664 25,459 

Army requested transfer from OPA line 116 .......................................................... [1,795 ] 

120 ARMY TRAINING MODERNIZATION ................................................................... 11,192 11,192 

121 AUTOMATED DATA PROCESSING EQUIP ......................................................... 220,250 174,772 

Prior year unobligated funds available .................................................................... [–45,478 ] 

122 CSS COMMUNICATIONS ......................................................................................... 39,310 39,310 

123 RESERVE COMPONENT AUTOMATION SYS (RCAS) ........................................ 41,248 41,248 

124 ITEMS LESS THAN $5.0M (A/V) ............................................................................ 10,437 10,437 

125 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...................................... 7,480 4,395 

Excessive design engineering costs .......................................................................... [–3,085 ] 

126 PRODUCTION BASE SUPPORT (C-E) .................................................................. 571 571 

127 BCT NETWORK ........................................................................................................ 0 0 

127A CLASSIFIED PROGRAMS ....................................................................................... 4,273 4,273 

128 PROTECTIVE SYSTEMS ......................................................................................... 0 0 

129 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ............................................. 8,636 5,213 

Accoustic hailing device contract delay .................................................................... [–3,423 ] 

130 BASE DEFENSE SYSTEMS (BDS) ........................................................................ 41,204 0 

Transfer to OCO ...................................................................................................... [–41,204 ] 

131 CBRN SOLDIER PROTECTION ............................................................................. 10,700 10,700 

132 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ................................ 362 362 

133 TACTICAL BRIDGING ............................................................................................. 77,428 77,428

134 TACTICAL BRIDGE, FLOAT-RIBBON .................................................................. 49,154 45,454 

Excessive program support cost growth .................................................................. [–3,700 ] 

135 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ....................... 39,263 39,263 

136 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ................................. 20,678 20,678 

137 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ................................................. 30,297 0 

M160 incremental funding ....................................................................................... [–8,000 ] 

Transfer to OCO ...................................................................................................... [–22,297 ] 

138 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ......................... 17,626 17,626 

139 REMOTE DEMOLITION SYSTEMS ....................................................................... 14,672 14,672 

140 < $5M, COUNTERMINE EQUIPMENT ................................................................. 7,352 7,352 

141 AERIAL DETECTION .............................................................................................. 0 0 

142 HEATERS AND ECU’S ............................................................................................ 10,109 10,109 

143 LAUNDRIES, SHOWERS AND LATRINES .......................................................... 0 0 

144 SOLDIER ENHANCEMENT .................................................................................... 9,591 9,591 

145 LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ..................................... 0 0 

146 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ..................................... 8,509 8,509 

147 GROUND SOLDIER SYSTEM ................................................................................. 184,072 4,000 

Army requested transfer to RDTE Army line 119 ................................................. [–7,600 ] 

Program delay .......................................................................................................... [–172,472 ] 

148 MOUNTED SOLDIER SYSTEM .............................................................................. 43,419 19 

Army offered program reduction ............................................................................. [–43,400 ] 

149 FORCE PROVIDER ................................................................................................... 0 0 

150 FIELD FEEDING EQUIPMENT ............................................................................. 26,860 26,860 

151 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ........................ 68,392 55,392 

Army offered program reduction ............................................................................. [–13,000 ] 

152 MOBILE INTEGRATED REMAINS COLLECTION SYSTEM: ............................ 7,384 7,384 

153 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ............................. 54,190 54,190 

154 ITEMS LESS THAN $5M (ENG SPT) .................................................................... 12,482 12,482 

155 QUALITY SURVEILLANCE EQUIPMENT ............................................................ 0 0 

156 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ........................................ 75,457 75,457 

157 WATER PURIFICATION SYSTEMS ....................................................................... 0 0 

158 COMBAT SUPPORT MEDICAL .............................................................................. 53,450 53,450 

159 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ............................................ 16,572 16,572 

160 ITEMS LESS THAN $5.0M (MAINT EQ) ............................................................... 3,852 3,852 

161 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ............................................................ 2,201 2,201 

162 SKID STEER LOADER (SSL) FAMILY OF SYSTEM .......................................... 8,584 3,984 

Excessive unit cost and program support cost growth ............................................ [–4,600 ] 
741 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

163 SCRAPERS, EARTHMOVING .................................................................................. 21,031 21,031 

164 MISSION MODULES—ENGINEERING ................................................................. 43,432 43,432 

165 COMPACTOR ............................................................................................................. 2,859 0 

Army offered program reduction ............................................................................. [–2,859 ] 

166 LOADERS ................................................................................................................... 0 0 

167 HYDRAULIC EXCAVATOR ..................................................................................... 0 0 

168 TRACTOR, FULL TRACKED .................................................................................. 59,534 50,434 

Unjustified program support cost growth ................................................................ [–9,100 ] 

169 PLANT, ASPHALT MIXING .................................................................................... 8,314 614 

Prior year unobligated funds available .................................................................... [–7,700 ] 

170 HIGH MOBILITY ENGINEER EXCAVATOR TYPE—FOS ................................. 18,974 18,974 

171 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA .................................. 15,833 0 

Unexecutable acquisition strategy ........................................................................... [–15,833 ] 

172 CONST EQUIP ESP .................................................................................................. 9,771 9,771 

173 ITEMS LESS THAN $5.0M (CONST EQUIP) ........................................................ 12,654 12,654 

174 JOINT HIGH SPEED VESSEL (JHSV) ................................................................. 223,845 223,845 

175 HARBORMASTER COMMAND AND CONTROL CENTER (HCCC .................... 0 0 

176 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ........................................................... 10,175 10,175 

177 GENERATORS AND ASSOCIATED EQUIP .......................................................... 31,897 31,897 

178 ROUGH TERRAIN CONTAINER HANDLER (RTCH) ......................................... 0 0 

179 FAMILY OF FORKLIFTS ........................................................................................ 10,944 10,944 

180 ALL TERRAIN LIFTING ARMY SYSTEM ............................................................ 21,859 21,859 

181 COMBAT TRAINING CENTERS SUPPORT .......................................................... 133,178 47,878 

Army offered program reduction ............................................................................. [–85,300 ] 

182 TRAINING DEVICES, NONSYSTEM ..................................................................... 168,392 168,392 

183 CLOSE COMBAT TACTICAL TRAINER ................................................................ 17,760 13,290 

Prior year unobligated funds available .................................................................... [–4,470 ] 

184 AVIATION COMBINED ARMS TACTICAL TRAINER ......................................... 9,413 9,413 

185 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ......................... 0 0 

186 CALIBRATION SETS EQUIPMENT ....................................................................... 13,618 13,618 

187 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................................... 49,437 36,937 

Prior year unobligated funds available .................................................................... [–12,500 ] 

188 TEST EQUIPMENT MODERNIZATION (TEMOD) .............................................. 30,451 30,451 

189 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ................................... 4,923 4,923 

190 PHYSICAL SECURITY SYSTEMS (OPA3) ............................................................ 69,316 19,606 

Prior year unobligated funds available .................................................................... [–49,710 ] 

191 BASE LEVEL COMMON EQUIPMENT ................................................................. 1,591 1,591 

192 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ........................................... 72,271 72,271 

193 PRODUCTION BASE SUPPORT (OTH) ................................................................ 2,325 2,325 

194 SPECIAL EQUIPMENT FOR USER TESTING .................................................... 17,411 17,411 

195 AMC CRITICAL ITEMS OPA3 ................................................................................. 34,500 34,500 

196 TRACTOR YARD ....................................................................................................... 3,740 3,740 

197 BCT UNMANNED GROUND VEHICLE ................................................................ 24,805 0 

Program adjustment ................................................................................................ [–24,805 ] 

198 BCT TRAINING/LOGISTICS/MANAGEMENT ...................................................... 149,308 26,008 

Program cancelation ................................................................................................ [–123,300 ] 

199 BCT TRAINING/LOGISTICS/MANAGEMENT INC 2 ........................................... 57,103 3 

Program cancelation ................................................................................................ [–57,100 ] 

200 BCT UNMANNED GROUND VEHICLE INC 2 ..................................................... 11,924 24 

Program cancelation ................................................................................................ [–11,900 ] 

201 INITIAL SPARES—C&E ........................................................................................... 21,647 21,647 

TOTAL, OTHER PROCUREMENT, ARMY .................................................. 9,682,592 7,050,774 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

1 ATTACK THE NETWORK ....................................................................................... 0 0 

2 DEFEAT THE DEVICE ........................................................................................... 0 0 

3 TRAIN THE FORCE ................................................................................................. 0 0 

4 OPERATIONS ............................................................................................................ 220,634 0 

Transfer to OCO: JIEDDO Operations .................................................................. [–220,634 ] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ..................... 220,634 0 

AIRCRAFT PROCUREMENT, NAVY 

1 EA–18G ....................................................................................................................... 1,134,445 1,127,445 

Reduce Engineering Change Orders (ECO) to fiscal year 2010 levels ................... [–7,000 ] 

1 EA–18G ....................................................................................................................... –55,081 –55,081 

2 EA–18G ....................................................................................................................... 28,119 28,119 

3 F/A–18E/F (FIGHTER) HORNET ........................................................................... 2,369,047 1,774,347 

Funded in H. R. 1473 ............................................................................................. [–495,000 ] 

ECO excess .............................................................................................................. [–21,000 ] 

Government furnished equipment engine cost growth ............................................. [–10,700 ] 

Multi-year procurement savings ............................................................................... [–68,000 ] 

3 F/A–18E/F (FIGHTER) HORNET ........................................................................... –2,295 –2,295 

4 F/A–18E/F (FIGHTER) HORNET ........................................................................... 64,962 63,262 

Airframe termination liability growth ...................................................................... [–1,700 ] 

5 JOINT STRIKE FIGHTER CV ................................................................................ 1,722,991 1,722,991 

5 JOINT STRIKE FIGHTER CV ................................................................................ –219,895 –219,895 
742 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

6 JOINT STRIKE FIGHTER CV ................................................................................ 217,666 217,666 

7 JSF STOVL ................................................................................................................ 1,428,259 1,428,259 

7 JSF STOVL ................................................................................................................ –286,326 –286,326 

8 JSF STOVL ................................................................................................................ 117,229 117,229 

9 V–22 (MEDIUM LIFT) .............................................................................................. 2,365,561 2,365,561 

9 V–22 (MEDIUM LIFT) .............................................................................................. –140,744 –151,244 

Reduce ECO ............................................................................................................. [–10,500] 

10 V–22 (MEDIUM LIFT) .............................................................................................. 84,008 84,008 

11 UH–1Y/AH–1Z ............................................................................................................ 769,666 733,666 

Unjustified support increase .................................................................................... [–30,000 ] 

Reduce ECO ............................................................................................................. [–6,000 ] 

11 UH–1Y/AH–1Z ............................................................................................................ –69,360 –69,360 

12 UH–1Y/AH–1Z ............................................................................................................ 68,310 68,310 

13 MH–60S (MYP) .......................................................................................................... 479,001 479,001 

13 MH–60S (MYP) .......................................................................................................... –70,080 –70,080 

14 MH–60S (MYP) .......................................................................................................... 74,040 74,040 

15 MH–60R ...................................................................................................................... 953,031 948,831 

Reduce ECO ............................................................................................................. [–4,200 ] 

15 MH–60R ...................................................................................................................... –162,006 –162,006 

16 MH–60R ...................................................................................................................... 209,431 209,431 

17 P–8A POSEIDON ....................................................................................................... 2,185,004 2,185,004 

17 P–8A POSEIDON ....................................................................................................... –166,153 –166,153 

18 P–8A POSEIDON ....................................................................................................... 256,594 256,594 

19 E–2D ADV HAWKEYE ............................................................................................. 1,033,511 1,013,511 

Excess funding reserve ............................................................................................. [–20,000 ] 

19 E–2D ADV HAWKEYE ............................................................................................. –118,619 –118,619 

20 E–2D ADV HAWKEYE ............................................................................................. 157,942 157,942

21 C–40A .......................................................................................................................... 0 0 

22 JPATS ......................................................................................................................... 266,906 256,906 

Excess ECO ............................................................................................................. [–10,000] 

23 HC–130J ..................................................................................................................... 0 0 

24 KC–130J ...................................................................................................................... 87,288 87,288 

24 KC–130J ...................................................................................................................... 0 0 

25 RQ–7 UAV ................................................................................................................... 0 0 

26 MQ–8 UAV .................................................................................................................. 191,986 191,986 

27 STUASL0 UAV ........................................................................................................... 12,772 0 

Low rate initial production contract award slip ...................................................... [–12,772 ] 

28 OTHER SUPPORT AIRCRAFT ............................................................................... 0 0 

29 EA–6 SERIES ............................................................................................................. 27,734 27,734 

30 AEA SYSTEMS .......................................................................................................... 34,065 31,765 

Air launched decoy jammer ..................................................................................... [–2,300 ] 

31 AV–8 SERIES ............................................................................................................. 30,762 30,762 

32 F–18 SERIES ............................................................................................................. 499,597 445,597 

Integrated Logistics Support excess to need ........................................................... [–20,900 ] 

Digital Communications System reduce quantities ................................................. [–14,000 ] 

Other support growth .............................................................................................. [–12,800 ] 

Net Centric Operations reduce A kits ..................................................................... [–6,300 ] 

33 H–46 SERIES ............................................................................................................. 27,112 24,612 

Unjustified Request ................................................................................................. [–2,500 ] 

34 AH–1W SERIES ......................................................................................................... 15,828 15,828 

35 H–53 SERIES ............................................................................................................. 62,820 61,820 

DIRCM Other support excess .................................................................................. [–1,000 ] 

36 SH–60 SERIES .......................................................................................................... 83,394 83,394 

37 H–1 SERIES ............................................................................................................... 11,012 8,412 

Obsolescence install unjustified growth ................................................................... [–2,600 ] 

38 EP–3 SERIES ............................................................................................................. 83,181 83,181 

39 P–3 SERIES ............................................................................................................... 171,466 169,766 

Other support growth .............................................................................................. [–1,700 ] 

40 E–2 SERIES ............................................................................................................... 29,215 29,215 

41 TRAINER A/C SERIES ............................................................................................. 22,090 18,790

Training equipment growth ..................................................................................... [–3,300 ] 

42 C–2A ............................................................................................................................ 16,302 16,302 

43 C–130 SERIES ........................................................................................................... 27,139 27,139 

44 FEWSG ....................................................................................................................... 2,773 1,773 

Other support growth .............................................................................................. [–1,000 ] 

45 CARGO/TRANSPORT A/C SERIES ......................................................................... 16,463 16,463 

46 E–6 SERIES ............................................................................................................... 165,253 130,653 

Service life extension program install early to need ................................................ [–7,800 ] 

Block I install cost savings ...................................................................................... [–1,200 ] 

Block II FAB-T non-recurring engineering early to need ...................................... [–5,200 ] 

Block Recapture program delay ............................................................................... [–20,400 ] 

47 EXECUTIVE HELICOPTERS SERIES .................................................................. 58,011 82,011 

Navy requested transfer fromRDT&E, Navy line 98, for VH–3/VH–60 

sustainment.

[24,000 ] 

48 SPECIAL PROJECT AIRCRAFT ............................................................................. 12,248 11,048 

Install equipment nonrecurring unjustified growth ................................................. [–1,200 ] 

49 T–45 SERIES ............................................................................................................. 57,779 45,179 

Correction of Deficiencies contract support growth ................................................ [–6,600 ] 
743 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

Avionics Obsolescence contract support growth ...................................................... [–6,000 ] 

50 POWER PLANT CHANGES ..................................................................................... 21,847 21,847 

51 JPATS SERIES .......................................................................................................... 1,524 524 

Unobligated balances ............................................................................................... [–1,000 ] 

52 AVIATION LIFE SUPPORT MODS ........................................................................ 1,069 1,069 

53 COMMON ECM EQUIPMENT ................................................................................. 92,072 89,272 

DIRCM A kit savings .............................................................................................. [–2,800 ] 

54 COMMON AVIONICS CHANGES ............................................................................ 147,093 138,293 

CNS/ATM Other support growth ............................................................................ [–8,800 ] 

55 COMMON DEFENSIVE WEAPON SYSTEM ......................................................... 0 0 

56 ID SYSTEMS .............................................................................................................. 37,330 32,030 

Other support growth .............................................................................................. [–5,300 ] 

57 P–8 SERIES ............................................................................................................... 2,930 0 

P–8 modifications ahead of need ............................................................................. [–2,930 ] 

58 MAGTF EW FOR AVIATION ................................................................................... 489 489 

59 RQ–7 SERIES ............................................................................................................ 11,419 11,419 

60 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................................... 60,264 55,764 

Deficiencies modifications other support growth ..................................................... [–2,500 ] 

Reliability modifications other support growth ........................................................ [–2,000 ] 

61 SPARES AND REPAIR PARTS ............................................................................... 1,331,961 1,171,994 

F/A–18E/F initial spares cost growth ..................................................................... [–23,967 ] 

F–35 initial spares execution ................................................................................... [–100,000 ] 

P–8A initial spares execution .................................................................................. [–36,000 ] 

62 COMMON GROUND EQUIPMENT ......................................................................... 351,685 363,685 

Transfer from PE 64273N (RDN 98) for VH–60 trainer ............................. [12,000 ] 

63 AIRCRAFT INDUSTRIAL FACILITIES ................................................................. 22,358 22,358 

64 WAR CONSUMABLES .............................................................................................. 27,300 0 

Transfer to OCO ...................................................................................................... [–27,300 ] 

65 OTHER PRODUCTION CHARGES ......................................................................... 10,124 10,124 

66 SPECIAL SUPPORT EQUIPMENT ........................................................................ 24,395 21,395 

Unjustified support increase .................................................................................... [–3,000 ] 

67 FIRST DESTINATION TRANSPORTATION ......................................................... 1,719 1,719 

68 CANCELLED ACCOUNT ADJUSTMENTS ........................................................... 0 0 

TOTAL, AIRCRAFT PROCUREMENT, NAVY ............................................ 18,587,033 17,593,764 

WEAPONS PROCUREMENT, NAVY 

1 TRIDENT II MODS ................................................................................................... 1,309,102 1,309,102 

2 MISSILE INDUSTRIAL FACILITIES .................................................................... 3,492 3,492 

3 TOMAHAWK .............................................................................................................. 303,306 303,306 

4 AMRAAM .................................................................................................................... 188,494 119,494 

Production Backlog .................................................................................................. [–69,000 ] 

5 SIDEWINDER ............................................................................................................ 47,098 47,098 

6 JSOW ........................................................................................................................... 137,722 137,722 

7 STANDARD MISSILE ............................................................................................... 420,324 362,278 

Unit Cost efficiencies ............................................................................................... [–58,046 ] 

8 RAM ............................................................................................................................. 66,197 66,197 

9 HELLFIRE ................................................................................................................. 22,703 22,703 

10 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ............................... 0 0 

11 AERIAL TARGETS ................................................................................................... 46,359 46,359 

12 OTHER MISSILE SUPPORT ................................................................................... 3,561 3,561 

13 ESSM ........................................................................................................................... 48,486 48,486 

14 HARM MODS ............................................................................................................. 73,061 73,061 

15 STANDARD MISSILES MODS ................................................................................ 0 0 

16 WEAPONS INDUSTRIAL FACILITIES ................................................................. 1,979 1,979 

17 FLEET SATELLITE COMM FOLLOW-ON ........................................................... 238,215 33,215 

Booster for SV4 early to need ................................................................................. [–205,000 ] 

17 FLEET SATELLITE COMM FOLLOW-ON ........................................................... 0 0 

18 FLEET SATELLITE COMM FOLLOW-ON ........................................................... 0 0 

19 ORDNANCE SUPPORT EQUIPMENT ................................................................... 52,255 52,255 

20 ASW TARGETS .......................................................................................................... 31,803 31,803 

21 MK–54 TORPEDO MODS ......................................................................................... 78,045 78,045 

22 MK–48 TORPEDO ADCAP MODS ........................................................................... 42,493 42,493 

23 QUICKSTRIKE MINE ............................................................................................... 5,770 5,770 

24 TORPEDO SUPPORT EQUIPMENT ...................................................................... 43,003 43,003 

25 ASW RANGE SUPPORT ........................................................................................... 9,219 9,219 

26 FIRST DESTINATION TRANSPORTATION ......................................................... 3,553 3,553 

27 SMALL ARMS AND WEAPONS .............................................................................. 15,037 15,037 

28 CIWS MODS ............................................................................................................... 37,550 37,550 

29 COAST GUARD WEAPONS ..................................................................................... 17,525 17,525 

30 GUN MOUNT MODS ................................................................................................. 43,957 43,957

31 LCS MODULE WEAPONS ....................................................................................... 0 0 

32 CRUISER MODERNIZATION WEAPONS ............................................................. 50,013 50,013 

33 AIRBORNE MINE NEUTRALIZATION SYSTEMS .............................................. 12,203 12,203 

34 CANCELLED ACCOUNT ADJUSTMENTS ........................................................... 0 0 

35 SPARES AND REPAIR PARTS ............................................................................... 55,953 55,953 

TOTAL, WEAPONS PROCUREMENT, NAVY ............................................. 3,408,478 3,076,432 
744 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

PROCUREMENT OF AMMO, NAVY & MC 

1 GENERAL PURPOSE BOMBS ................................................................................ 64,766 63,666 

BLU–109 cost growth. ............................................................................................ [–1,100 ] 

2 JDAM .......................................................................................................................... 0 0 

3 AIRBORNE ROCKETS, ALL TYPES ...................................................................... 38,264 37,264 

Support funding carryover. ...................................................................................... [–1,000 ] 

4 MACHINE GUN AMMUNITION .............................................................................. 17,788 17,788 

5 PRACTICE BOMBS ................................................................................................... 35,289 35,289 

6 CARTRIDGES & CART ACTUATED DEVICES .................................................... 49,416 49,416 

7 AIR EXPENDABLE COUNTERMEASURES ......................................................... 60,677 60,677 

8 JATOS ......................................................................................................................... 2,766 2,766 

9 5 INCH/54 GUN AMMUNITION .............................................................................. 19,006 10,901 

Excess prior year multi-option fuze support funding. ............................................. [–7,105 ] 

Support funding carryover. ...................................................................................... [–1,000 ] 

10 INTERMEDIATE CALIBER GUN AMMUNITION ............................................... 19,320 1,112 

MK295 cartridge contract delay. ............................................................................. [–18,208 ] 

11 OTHER SHIP GUN AMMUNITION ........................................................................ 21,938 19,018 

Production engineering growth. ............................................................................... [–2,920 ] 

12 SMALL ARMS & LANDING PARTY AMMO .......................................................... 51,819 46,039 

Production engineering growth. ............................................................................... [–1,200 ] 

A131 complete rounds cost growth. ......................................................................... [–2,500 ] 

A576 LAP kit cost growth. ..................................................................................... [–2,080 ] 

13 PYROTECHNIC AND DEMOLITION ..................................................................... 10,199 10,199 

14 AMMUNITION LESS THAN $5 MILLION ............................................................ 4,107 4,107 

15 SMALL ARMS AMMUNITION ................................................................................. 58,812 58,812 

16 LINEAR CHARGES, ALL TYPES ........................................................................... 21,434 17,660 

M913 LAP kit contract delay. ................................................................................. [–3,774 ] 

17 40 MM, ALL TYPES .................................................................................................. 84,864 72,864 

Program execution—USMC offered reduction. ....................................................... [–12,000 ] 

18 60MM, ALL TYPES ................................................................................................... 937 937 

19 81MM, ALL TYPES ................................................................................................... 26,324 18,100 

M913 LAP kit contract delay. ................................................................................. [–8,224 ] 

20 120MM, ALL TYPES ................................................................................................. 9,387 7,387

Program execution—USMC offered reduction. ....................................................... [–2,000 ] 

21 CTG 25MM, ALL TYPES .......................................................................................... 3,889 3,889 

22 GRENADES, ALL TYPES ........................................................................................ 13,452 13,452 

23 ROCKETS, ALL TYPES ........................................................................................... 15,556 15,556 

24 ARTILLERY, ALL TYPES ....................................................................................... 42,526 42,526 

25 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 22,786 1,786 

Program execution—USMC offered reduction. ....................................................... [–21,000 ] 

26 FUZE, ALL TYPES ................................................................................................... 9,266 9,266 

27 NON LETHALS ......................................................................................................... 2,927 2,927 

28 AMMO MODERNIZATION ....................................................................................... 8,557 8,557 

29 ITEMS LESS THAN $5 MILLION .......................................................................... 3,880 3,880 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ................................. 719,952 635,841 

SHIPBUILDING & CONVERSION, NAVY 

1 CARRIER REPLACEMENT PROGRAM ................................................................. 0 0 

2 CARRIER REPLACEMENT PROGRAM ................................................................. 554,798 554,798 

3 VIRGINIA CLASS SUBMARINE ............................................................................. 5,142,765 5,142,765 

3 VIRGINIA CLASS SUBMARINE ............................................................................. –1,910,550 –1,910,550 

4 VIRGINIA CLASS SUBMARINE ............................................................................. 1,524,761 1,524,761 

5 CVN REFUELING OVERHAULS ............................................................................ 0 0 

6 CVN REFUELING OVERHAULS ............................................................................ 529,652 529,652 

7 SSBN ERO .................................................................................................................. 0 0

8 DDG 1000 ................................................................................................................... 453,727 453,727 

9 DDG–51 ....................................................................................................................... 2,028,693 2,028,693 

9 DDG–51 ....................................................................................................................... –47,984 –47,984 

10 DDG–51 ....................................................................................................................... 100,723 100,723 

11 LITTORAL COMBAT SHIP ..................................................................................... 1,921,386 1,921,386

11 LITTORAL COMBAT SHIP ..................................................................................... –119,293 –119,293 

12 LITTORAL COMBAT SHIP ..................................................................................... 0 0 

13 LPD–17 ....................................................................................................................... 2,031,430 2,031,430 

13 LPD–17 ....................................................................................................................... –183,986 –183,986 

14 LPD–17 ....................................................................................................................... 0 0 

15 LHA REPLACEMENT .............................................................................................. 2,018,691 2,018,691 

16 LHA REPLACEMENT .............................................................................................. 0 0 

17 JOINT HIGH SPEED VESSEL ............................................................................... 185,106 185,106 

18 OCEANOGRAPHIC SHIPS ....................................................................................... 89,000 89,000 

19 MOORED TRAINING SHIP ..................................................................................... 155,200 155,200 

20 OUTFITTING ............................................................................................................. 292,871 292,871 

21 SERVICE CRAFT ...................................................................................................... 3,863 3,863 

22 LCAC SLEP ................................................................................................................ 84,076 84,076 

23 COMPLETION OF PY SHIPBUILDING PROGRAMS .......................................... 73,992 73,992 

TOTAL, SHIPBUILDING & CONVERSION, NAVY .................................. 14,928,921 14,928,921 
745 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

OTHER PROCUREMENT, NAVY 

1 LM–2500 GAS TURBINE ......................................................................................... 13,794 13,794 

2 ALLISON 501K GAS TURBINE .............................................................................. 8,643 8,643 

3 OTHER NAVIGATION EQUIPMENT ..................................................................... 22,982 22,982 

4 SUB PERISCOPES & IMAGING EQUIP ................................................................ 60,860 60,860 

5 DDG MOD .................................................................................................................. 119,522 119,522 

6 FIREFIGHTING EQUIPMENT ............................................................................... 17,637 17,637 

7 COMMAND AND CONTROL SWITCHBOARD ...................................................... 3,049 3,049 

8 POLLUTION CONTROL EQUIPMENT .................................................................. 22,266 22,266 

9 SUBMARINE SUPPORT EQUIPMENT .................................................................. 15,892 15,892 

10 VIRGINIA CLASS SUPPORT EQUIPMENT .......................................................... 100,693 100,693 

11 SUBMARINE BATTERIES ...................................................................................... 42,296 42,296 

12 STRATEGIC PLATFORM SUPPORT EQUIP ........................................................ 25,228 25,228 

13 DSSP EQUIPMENT .................................................................................................. 2,600 2,600 

14 CG MODERNIZATION .............................................................................................. 590,349 585,349 

Shore Site Upgrades--Excessive Growth .................................................................. [–5,000 ] 

15 LCAC ........................................................................................................................... 0 0 

16 UNDERWATER EOD PROGRAMS ......................................................................... 18,499 18,499 

17 ITEMS LESS THAN $5 MILLION .......................................................................... 113,809 99,470 

LCS Waterjet Impellers--No Longer Required ........................................................ [–10,859 ] 

Auto Voltage Regulators--Ahead of Need ................................................................ [–3,480 ] 

18 CHEMICAL WARFARE DETECTORS ................................................................... 5,508 5,508 

19 SUBMARINE LIFE SUPPORT SYSTEM ............................................................... 13,397 13,397 

20 REACTOR POWER UNITS ...................................................................................... 436,838 436,838 

21 REACTOR COMPONENTS ....................................................................................... 271,600 271,600 

22 DIVING AND SALVAGE EQUIPMENT .................................................................. 11,244 11,244 

23 STANDARD BOATS .................................................................................................. 39,793 39,793 

24 OTHER SHIPS TRAINING EQUIPMENT ............................................................. 29,913 29,913 

25 OPERATING FORCES IPE ...................................................................................... 54,642 54,642 

26 NUCLEAR ALTERATIONS ...................................................................................... 144,175 144,175 

27 LCS MODULES ......................................................................................................... 79,583 68,163 

AN/AQS–20A--Contract Delay ................................................................................ [–8,920 ] 

Production Support--Excess to Need ....................................................................... [–2,500 ] 

28 LSD MIDLIFE ........................................................................................................... 143,483 143,483 

29 RADAR SUPPORT .................................................................................................... 18,818 18,818 

30 SPQ–9B RADAR ........................................................................................................ 24,613 24,613 

31 AN/SQQ–89 SURF ASW COMBAT SYSTEM .......................................................... 73,829 73,829 

32 SSN ACOUSTICS ....................................................................................................... 212,913 212,913 

33 UNDERSEA WARFARE SUPPORT EQUIPMENT ............................................... 29,686 29,686 

34 SONAR SWITCHES AND TRANSDUCERS ........................................................... 13,537 13,537 

35 ELECTRONIC WARFARE MILDEC ....................................................................... 18,141 18,141 

36 SUBMARINE ACOUSTIC WARFARE SYSTEM .................................................... 20,554 20,554 

37 SSTD ........................................................................................................................... 2,257 2,257 

38 FIXED SURVEILLANCE SYSTEM ........................................................................ 60,141 60,141 

39 SURTASS .................................................................................................................... 29,247 27,047 

Integrated Common Processor [ICP] Procurement--Ahead of Need ...................... [–2,200 ] 

40 MARITIME PATROL AND RECONNAISANCE FORCE ...................................... 13,453 13,453 

41 AN/SLQ–32 ................................................................................................................. 43,096 39,902 

Block 1B3 Units--No Longer Required ................................................................... [–3,194 ] 

42 SHIPBOARD IW EXPLOIT ...................................................................................... 103,645 100,745 

Paragon Systems--Change to Procurement Strategy .............................................. [–2,900 ] 

43 AUTOMATED IDENTIFICATION SYSTEM (AIS) ............................................... 1,364 1,364 

44 SUBMARINE SUPPORT EQUIPMENT PROG ...................................................... 100,793 100,793 

45 COOPERATIVE ENGAGEMENT CAPABILITY .................................................... 23,332 17,032 

PAAA Backfit Installation Funding--No Longer Required .................................... [–2,000 ] 

Signal Data Processors Backfits--Ahead of Need ................................................... [–2,000 ] 

Signal Data Processors Backfits [AN/USG–2A]--Ahead of Need .......................... [–2,300 ] 

46 TRUSTED INFORMATION SYSTEM (TIS) .......................................................... 426 426 

47 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) .......................... 33,017 33,017 

48 ATDLS ........................................................................................................................ 942 942 

49 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ......................................... 7,896 7,896 

50 MINESWEEPING SYSTEM REPLACEMENT ....................................................... 27,868 27,868 

51 SHALLOW WATER MCM ......................................................................................... 1,048 1,048 

52 NAVSTAR GPS RECEIVERS (SPACE) ................................................................... 9,926 9,926 

53 AMERICAN FORCES RADIO AND TV SERVICE ................................................ 4,370 4,370 

54 STRATEGIC PLATFORM SUPPORT EQUIP ........................................................ 4,143 4,143 

55 OTHER TRAINING EQUIPMENT .......................................................................... 45,989 45,989 

56 MATCALS ................................................................................................................... 8,136 8,136 

57 SHIPBOARD AIR TRAFFIC CONTROL ................................................................ 7,394 7,394 

58 AUTOMATIC CARRIER LANDING SYSTEM ........................................................ 18,518 18,518 

59 NATIONAL AIR SPACE SYSTEM .......................................................................... 26,054 26,054 

60 FLEET AIR TRAFFIC CONTROL SYSTEMS ....................................................... 7,213 7,213 

61 LANDING SYSTEMS ................................................................................................ 7,138 7,138 

62 ID SYSTEMS .............................................................................................................. 33,170 31,470 

Mark XII Mode 5–-Ahead of Need .......................................................................... [–1,700 ] 

63 NAVAL MISSION PLANNING SYSTEMS .............................................................. 8,941 8,941 

64 DEPLOYABLE JOINT COMMAND AND CONT ................................................... 8,994 8,994 
746 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

65 MARITIME INTERGRATED BROADCAST SYSTEM .......................................... 13,529 13,529 

66 TACTICAL/MOBILE C4I SYSTEMS ....................................................................... 12,776 10,876 

Tactical/Mobile C4I Systems Increment 2.1 Ahead of Need ................................... [–1,900 ] 

67 DCGS-N ....................................................................................................................... 11,201 11,201 

68 CANES ........................................................................................................................ 195,141 105,541 

Transfer to Ship Communications Automation (OPN 76) per USN request ......... [–77,600 ] 

Transfer to PE 33138N (RDN 201) per USN request .......................................... [–12,000 ] 

69 RADIAC ...................................................................................................................... 6,201 6,201 

70 CANES-INTELL ........................................................................................................ 75,084 75,084 

71 GPETE ........................................................................................................................ 6,010 6,010 

72 INTEG COMBAT SYSTEM TEST FACILITY ........................................................ 4,441 4,441 

73 EMI CONTROL INSTRUMENTATION .................................................................. 4,741 4,741 

74 ITEMS LESS THAN $5 MILLION .......................................................................... 51,716 51,716 

75 SHIPBOARD TACTICAL COMMUNICATIONS ..................................................... 26,197 1,494 

JTRS AMF--Program Delay ................................................................................... [–24,703 ] 

76 SHIP COMMUNICATIONS AUTOMATION ........................................................... 177,510 255,110 

Transfer from CANES (OPN 68) pe USN request ................................................ [77,600 ] 

77 MARITIME DOMAIN AWARENESS (MDA) .......................................................... 24,022 24,022 

78 COMMUNICATIONS ITEMS UNDER $5M ............................................................ 33,644 27,544 

HMS Radios--Contract Delays ................................................................................ [–3,300 ] 

BFTN--Installations Ahead of Need ....................................................................... [–2,800 ] 

79 SUBMARINE BROADCAST SUPPORT .................................................................. 10,357 10,357 

80 SUBMARINE COMMUNICATION EQUIPMENT .................................................. 75,447 75,447 

81 SATELLITE COMMUNICATIONS SYSTEMS ....................................................... 25,522 25,522 

82 NAVY MULTIBAND TERMINAL (NMT) ............................................................... 109,022 94,022 

Revised Pricing ........................................................................................................ [–15,000] 

83 JCS COMMUNICATIONS EQUIPMENT ................................................................ 2,186 2,186 

84 ELECTRICAL POWER SYSTEMS .......................................................................... 1,329 1,329 

85 NAVAL SHORE COMMUNICATIONS .................................................................... 2,418 2,418 

86 INFO SYSTEMS SECURITY PROGRAM (ISSP) ................................................... 119,857 114,257 

EKMS Afloat--KMI Ahead of Need ........................................................................ [–1,000 ] 

VACM Program Delay ............................................................................................. [–4,600 ] 

87 CRYPTOLOGIC COMMUNICATIONS EQUIP ....................................................... 14,820 14,820 

88 COAST GUARD EQUIPMENT ................................................................................. 6,848 6,848 

89 OTHER DRUG INTERDICTION SUPPORT .......................................................... 2,290 2,290 

90 SONOBUOYS—ALL TYPES .................................................................................... 96,314 84,464 

AN/SSQ–125–-Ahead of Need ................................................................................. [–11,850 ] 

91 WEAPONS RANGE SUPPORT EQUIPMENT ....................................................... 40,697 40,697 

92 EXPEDITIONARY AIRFIELDS .............................................................................. 8,561 8,561 

93 AIRCRAFT REARMING EQUIPMENT ................................................................... 8,941 8,941 

94 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ............................................. 19,777 19,777 

95 METEOROLOGICAL EQUIPMENT ........................................................................ 22,003 22,003 

96 DCRS/DPL .................................................................................................................. 1,595 1,595 

97 AVIATION LIFE SUPPORT .................................................................................... 66,031 66,031 

98 AIRBORNE MINE COUNTERMEASURES ............................................................ 49,668 42,765 

AN/AQS–20A--Contract Delay ................................................................................ [–6,903 ] 

99 LAMPS MK III SHIPBOARD EQUIPMENT .......................................................... 18,471 18,471 

100 PORTABLE ELECTRONIC MAINTENANCE AIDS ............................................. 7,875 7,875 

101 OTHER AVIATION SUPPORT EQUIPMENT ....................................................... 12,553 12,553 

102 NAVAL FIRES CONTROL SYSTEM ....................................................................... 2,049 2,049 

103 GUN FIRE CONTROL EQUIPMENT ..................................................................... 4,488 4,488 

104 NATO SEASPARROW ............................................................................................... 8,926 8,926 

105 RAM GMLS ................................................................................................................. 4,321 4,321 

106 SHIP SELF DEFENSE SYSTEM ............................................................................ 60,700 54,381 

SSDS COTS Conversion Kits Ahead of Need ......................................................... [–6,319 ] 

107 AEGIS SUPPORT EQUIPMENT ............................................................................. 43,148 43,148 

108 TOMAHAWK SUPPORT EQUIPMENT .................................................................. 72,861 72,861 

109 VERTICAL LAUNCH SYSTEMS ............................................................................. 732 732 

110 MARITIME INTEGRATED PLANNING SYSTEM-MIPS ..................................... 4,823 4,823 

111 STRATEGIC MISSILE SYSTEMS EQUIP ............................................................. 187,807 187,807 

112 SSN COMBAT CONTROL SYSTEMS ..................................................................... 81,596 81,596 

113 SUBMARINE ASW SUPPORT EQUIPMENT ........................................................ 5,241 5,241 

114 SURFACE ASW SUPPORT EQUIPMENT ............................................................. 5,816 5,816 

115 ASW RANGE SUPPORT EQUIPMENT .................................................................. 7,842 7,842 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...................................................... 98,847 98,847 

117 ITEMS LESS THAN $5 MILLION .......................................................................... 4,073 4,073 

118 ANTI-SHIP MISSILE DECOY SYSTEM ................................................................. 32,716 32,716 

119 SURFACE TRAINING DEVICE MODS .................................................................. 5,814 5,814 

120 SUBMARINE TRAINING DEVICE MODS ............................................................. 36,777 36,777 

121 PASSENGER CARRYING VEHICLES .................................................................... 6,271 3,771 

Unjustified Growth .................................................................................................. [–2,500 ] 

122 GENERAL PURPOSE TRUCKS .............................................................................. 3,202 2,202 

Unjustified Growth .................................................................................................. [–1,000 ] 

123 CONSTRUCTION & MAINTENANCE EQUIP ....................................................... 9,850 6,850 

Contract Delays ....................................................................................................... [–3,000 ] 

124 FIRE FIGHTING EQUIPMENT .............................................................................. 14,315 14,315 

125 TACTICAL VEHICLES ............................................................................................. 16,502 16,502

126 AMPHIBIOUS EQUIPMENT ................................................................................... 3,235 3,235 
747 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

127 POLLUTION CONTROL EQUIPMENT .................................................................. 7,175 7,175 

128 ITEMS UNDER $5 MILLION .................................................................................. 20,727 10,727 

Contract Delays ....................................................................................................... [–10,000 ] 

129 PHYSICAL SECURITY VEHICLES ........................................................................ 1,142 1,142 

130 MATERIALS HANDLING EQUIPMENT ............................................................... 14,972 9,972 

Contract Delays ....................................................................................................... [–5,000 ] 

131 OTHER SUPPLY SUPPORT EQUIPMENT ........................................................... 4,453 4,453 

132 FIRST DESTINATION TRANSPORTATION ......................................................... 6,416 6,416 

133 SPECIAL PURPOSE SUPPLY SYSTEMS .............................................................. 51,894 51,894 

134 TRAINING SUPPORT EQUIPMENT ...................................................................... 16,353 16,353 

135 COMMAND SUPPORT EQUIPMENT ..................................................................... 28,693 27,693 

SPAWAR--Excess to Need ...................................................................................... [–1,000 ] 

136 EDUCATION SUPPORT EQUIPMENT .................................................................. 2,197 2,197 

137 MEDICAL SUPPORT EQUIPMENT ....................................................................... 7,175 4,175 

Unjustified Growth .................................................................................................. [–3,000 ] 

138 NAVAL MIP SUPPORT EQUIPMENT ................................................................... 1,457 1,457 

140 OPERATING FORCES SUPPORT EQUIPMENT .................................................. 15,330 15,330 

141 C4ISR EQUIPMENT ................................................................................................. 136 136 

142 ENVIRONMENTAL SUPPORT EQUIPMENT ....................................................... 18,639 18,639 

143 PHYSICAL SECURITY EQUIPMENT .................................................................... 177,240 177,240 

144 ENTERPRISE INFORMATION TECHNOLOGY ................................................... 143,022 143,022 

147 JUDGMENT FUND REIMBURSEMENT ............................................................... 0 0 

148 CANCELLED ACCOUNT ADJUSTMENTS ........................................................... 0 0 

148A CLASSIFIED PROGRAMS ....................................................................................... 14,402 14,402 

149 SPARES AND REPAIR PARTS ............................................................................... 208,384 208,384 

TOTAL, OTHER PROCUREMENT, NAVY ................................................... 6,285,451 6,122,523 

PROCUREMENT, MARINE CORPS 

1 AAV7A1 PIP ............................................................................................................... 9,894 9,894 

2 LAV PIP ...................................................................................................................... 147,051 147,051 

3 EXPEDITIONARY FIRE SUPPORT SYSTEM ...................................................... 11,961 11,961 

4 155MM LIGHTWEIGHT TOWED HOWITZER ..................................................... 5,552 5,552 

5 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................. 14,695 14,695 

6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ........................... 14,868 14,868 

7 MODIFICATION KITS .............................................................................................. 53,932 53,932 

8 WEAPONS ENHANCEMENT PROGRAM .............................................................. 13,795 13,795 

9 GROUND BASED AIR DEFENSE .......................................................................... 12,287 12,287 

10 JAVELIN .................................................................................................................... 0 0 

11 FOLLOW ON TO SMAW .......................................................................................... 46,563 46,563 

12 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...................................... 19,606 19,606 

13 MODIFICATION KITS .............................................................................................. 4,140 4,140 

14 UNIT OPERATIONS CENTER ................................................................................ 16,755 16,755 

15 REPAIR AND TEST EQUIPMENT ......................................................................... 24,071 24,071 

16 COMBAT SUPPORT SYSTEM ................................................................................. 25,461 25,461 

17 MODIFICATION KITS .............................................................................................. 0 0 

18 ITEMS UNDER $5 MILLION (COMM & ELEC) ................................................... 5,926 5,926 

19 AIR OPERATIONS C2 SYSTEMS ........................................................................... 44,152 44,152 

20 RADAR SYSTEMS ..................................................................................................... 40,352 40,352 

21 FIRE SUPPORT SYSTEM ........................................................................................ 8,793 4,470 

Excess to need ......................................................................................................... [–4,323 ] 

22 INTELLIGENCE SUPPORT EQUIPMENT ........................................................... 64,276 32,276 

Marine Corps recommendation ................................................................................ [–32,000 ] 

24 RQ–11 UAV ................................................................................................................. 2,104 2,104 

25 DCGS-MC .................................................................................................................... 10,789 10,789 

28 NIGHT VISION EQUIPMENT ................................................................................. 6,847 6,847 

29 COMMON COMPUTER RESOURCES .................................................................... 218,869 196,869 

Marine Corps recommendation ................................................................................ [–22,000 ] 

30 COMMAND POST SYSTEMS ................................................................................... 84,856 84,856 

31 RADIO SYSTEMS ...................................................................................................... 89,479 79,770 

Equipment upgrade for CBNIRF (UFR) ............................................................... [1,000 ] 

Marine Corps recommendation ................................................................................ [–10,709 ] 

32 COMM SWITCHING & CONTROL SYSTEMS ....................................................... 16,598 16,598 

33 COMM & ELEC INFRASTRUCTURE SUPPORT .................................................. 47,505 47,505 

33A CLASSIFIED PROGRAMS ....................................................................................... 1,606 1,606 

34 COMMERCIAL PASSENGER VEHICLES .............................................................. 894 894 

35 COMMERCIAL CARGO VEHICLES ........................................................................ 14,231 14,231 

36 5/4T TRUCK HMMWV (MYP) .................................................................................. 0 0 

37 MOTOR TRANSPORT MODIFICATIONS .............................................................. 8,389 8,389 

38 MEDIUM TACTICAL VEHICLE REPLACEMENT ............................................... 5,833 5,833 

39 LOGISTICS VEHICLE SYSTEM REP .................................................................... 972 972 

40 FAMILY OF TACTICAL TRAILERS ...................................................................... 21,848 21,848 

41 TRAILERS .................................................................................................................. 0 0 

42 ITEMS LESS THAN $5 MILLION .......................................................................... 4,503 4,503 

43 ENVIRONMENTAL CONTROL EQUIP ASSORT ................................................. 2,599 2,599 

44 BULK LIQUID EQUIPMENT .................................................................................. 16,255 16,255 

45 TACTICAL FUEL SYSTEMS ................................................................................... 26,853 26,853 

46 POWER EQUIPMENT ASSORTED ........................................................................ 27,247 27,247 
748 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

47 AMPHIBIOUS SUPPORT EQUIPMENT ................................................................ 5,533 5,533 

48 EOD SYSTEMS .......................................................................................................... 61,753 29,753 

Marine Corps recommendation ................................................................................ [–32,000 ] 

49 PHYSICAL SECURITY EQUIPMENT .................................................................... 16,627 16,627 

50 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) .................................. 10,827 10,827 

51 MATERIAL HANDLING EQUIP ............................................................................. 37,055 37,055 

52 FIRST DESTINATION TRANSPORTATION ......................................................... 1,462 1,462 

53 FIELD MEDICAL EQUIPMENT ............................................................................. 24,079 24,079 

54 TRAINING DEVICES ................................................................................................ 10,277 10,277 

55 CONTAINER FAMILY .............................................................................................. 3,123 3,123 

56 FAMILY OF CONSTRUCTION EQUIPMENT ....................................................... 18,137 18,137 

57 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) .............................. 0 0 

58 BRIDGE BOATS ........................................................................................................ 0 0 

59 RAPID DEPLOYABLE KITCHEN .......................................................................... 5,026 5,026 

60 ITEMS LESS THAN $5 MILLION .......................................................................... 5,206 5,206 

61 SPARES AND REPAIR PARTS ............................................................................... 90 90 

TOTAL, PROCUREMENT, MARINE CORPS .............................................. 1,391,602 1,291,570 

AIRCRAFT PROCUREMENT, AIR FORCE 

1 F–35 ............................................................................................................................ 3,597,615 3,597,615 

1 F–35 ............................................................................................................................ –257,000 –257,000 

2 F–35 ............................................................................................................................ 323,477 323,477 

3 F–22A .......................................................................................................................... 104,118 104,118 

3 F–22A .......................................................................................................................... 0 0 

4 C–17A (MYP) .............................................................................................................. 0 0 

5 C–130J ........................................................................................................................ 120,879 120,879 

5 C–130J ........................................................................................................................ –48,000 –48,000 

6 C–130J ........................................................................................................................ 0 0 

7 HC–130J ..................................................................................................................... 342,899 342,899 

7 HC–130J ..................................................................................................................... –10,000 –10,000 

8 HC–130J ..................................................................................................................... 0 0 

9 MC–130J ..................................................................................................................... 642,466 642,466 

9 MC–130J ..................................................................................................................... –60,000 –60,000 

10 MC–130J ..................................................................................................................... 0 0 

11 HC/MC–130 RECAP ................................................................................................... 0 0 

11 HC/MC–130 RECAP ................................................................................................... 0 0 

12 HC/MC–130 RECAP ................................................................................................... 0 0 

13 C–27J .......................................................................................................................... 479,896 479,896 

14 LIGHT MOBILITY AIRCRAFT ............................................................................... 0 0 

15 USAFA POWERED FLIGHT PROGRAM ............................................................... 1,060 1,060 

16 T–6 ............................................................................................................................... 0 0 

17 COMMON VERTICAL LIFT SUPPORT ................................................................. 59,232 59,232 

17 COMMON VERTICAL LIFT SUPPORT ................................................................. –6,432 –6,432 

18 COMMON VERTICAL LIFT SUPPORT ................................................................. 0 0 

19 V22 OSPREY .............................................................................................................. 362,407 362,407 

19 V22 OSPREY .............................................................................................................. –22,542 –22,542 

20 V22 OSPREY .............................................................................................................. 20,000 20,000 

21 C–12 A ......................................................................................................................... 0 0 

22 C–40 ............................................................................................................................. 0 0 

23 CIVIL AIR PATROL A/C .......................................................................................... 2,190 2,190 

24 HH–60M ...................................................................................................................... 104,711 34,811 

Combat losses funded in FY11 ................................................................................ [–69,900 ] 

25 LIGHT ATTACK ARMED RECON ACFT ............................................................... 158,549 0 

Defer production pending R&D completion ............................................................. [–158,549 ] 

26 RQ–11 .......................................................................................................................... 0 0 

27 STUASL0 .................................................................................................................... 0 0 

28 ITERIM GATEWAY ................................................................................................... 0 0 

29 TARGET DRONES .................................................................................................... 64,268 64,268 

30 C–37A .......................................................................................................................... 77,842 77,842 

31 RQ–4 ............................................................................................................................ 414,164 414,164 

31 RQ–4 ............................................................................................................................ –90,200 –90,200 

32 RQ–4 ............................................................................................................................ 71,500 71,500 

33 MC 130 IN BA 04 ....................................................................................................... 108,470 108,470 

34 MQ–9 ........................................................................................................................... 813,092 0 

ASIP 2C early to need ............................................................................................. [–29,500 ] 

Transfer to OCO ...................................................................................................... [–783,592 ] 

35 B–2A ............................................................................................................................ 41,315 41,315 

35 B–2A ............................................................................................................................ 0 0 

36 B–1B ............................................................................................................................ 198,007 198,007 

37 B–52 ............................................................................................................................ 93,897 93,897 

38 A–10 ............................................................................................................................. 153,128 7,328 

Program reduction--Wing replacement program ..................................................... [–145,800 ] 

39 F–15 ............................................................................................................................ 222,386 208,386 

Early to need--Mode 5 IFF ..................................................................................... [–14,000 ] 

40 F–16 ............................................................................................................................ 73,346 56,746 

Mode 5 procurement ahead of need ......................................................................... [–16,600 ] 

41 F–22A .......................................................................................................................... 232,032 232,032 
749 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

42 F–35 MODIFICATIONS ............................................................................................ 0 0 

43 C–5 ............................................................................................................................... 178,641 178,641 

43 C–5 ............................................................................................................................... –166,900 –166,900 

44 C–5 ............................................................................................................................... 0 0 

45 C–5M ........................................................................................................................... 851,859 851,859 

46 C–5M ........................................................................................................................... 112,200 112,200 

47 C–9C ............................................................................................................................ 9 9 

48 C–17A .......................................................................................................................... 202,179 202,179 

49 C–21 ............................................................................................................................. 328 328 

50 C–32A .......................................................................................................................... 12,157 1,757 

Program reduction--SLC3S--A ................................................................................ [–10,400 ] 

51 C–37A .......................................................................................................................... 21,986 486 

Program reduction--SLC3S--A ................................................................................ [–21,500 ] 

52 C–130 AMP ................................................................................................................. 235,635 208,135 

Early to need--kit installs ........................................................................................ [–27,500 ] 

53 GLIDER MODS .......................................................................................................... 123 123

54 T–6 ............................................................................................................................... 15,086 15,086 

55 T–1 ............................................................................................................................... 238 238 

56 T–38 ............................................................................................................................. 31,032 31,032 

57 KC–10A (ATCA) ......................................................................................................... 27,220 9,820 

Early to need--CNS/ATM ........................................................................................ [–17,400 ] 

58 C–12 ............................................................................................................................. 1,777 1,777 

59 MC–12W ...................................................................................................................... 16,767 16,767 

60 C–20 MODS ................................................................................................................ 241 241 

61 VC–25A MOD .............................................................................................................. 387 387 

62 C–40 ............................................................................................................................. 206 206 

63 C–130 ........................................................................................................................... 45,876 45,876 

64 C–130 INTEL ............................................................................................................. 3,593 3,593 

65 C–130J MODS ............................................................................................................ 38,174 38,174 

66 C–135 ........................................................................................................................... 62,210 62,210 

67 COMPASS CALL MODS ........................................................................................... 256,624 256,624 

68 RC–135 ........................................................................................................................ 162,211 162,211 

69 E–3 .............................................................................................................................. 135,031 135,031 

70 E–4 .............................................................................................................................. 57,829 57,829 

71 E–8 .............................................................................................................................. 29,058 29,058 

72 H–1 .............................................................................................................................. 5,280 5,280 

73 H–60 ............................................................................................................................ 34,371 88,971 

Transfer from PE 65299F (RDAF 81) per USAF request ................................... [54,600 ] 

74 RQ–4 MODS ............................................................................................................... 89,177 89,177 

75 HC/MC–130 MODIFICATIONS ................................................................................ 431 10,831 

Transfer from PE 65299F (RDAF 81) per USAF request ................................... [10,400 ] 

76 OTHER AIRCRAFT ................................................................................................... 115,338 68,238 

EHF SATCOM, FAB-T advance procurement-AF program change (non-add) ..... [ ] 

Early to need in FAB-T .......................................................................................... [–47,100 ] 

77 MQ–1 MODS ............................................................................................................... 158,446 158,446 

78 MQ–9 MODS ............................................................................................................... 181,302 181,302 

79 MQ–9 UAS PAYLOADS ............................................................................................. 74,866 74,866 

80 CV–22 MODS .............................................................................................................. 14,715 14,715 

81 INITIAL SPARES/REPAIR PARTS ......................................................................... 1,030,364 927,364 

Program reduction--poor execution .......................................................................... [–103,000 ] 

82 AIRCRAFT REPLACEMENT SUPPORT EQUIP .................................................. 92,394 92,394 

83 B–1 .............................................................................................................................. 4,743 4,743 

84 B–2A ............................................................................................................................ 101 101 

85 B–2A ............................................................................................................................ 49,319 49,319 

86 B–52 ............................................................................................................................ 0 0 

87 C–5 ............................................................................................................................... 521 521 

88 C–5 ............................................................................................................................... 0 0 

89 KC–10A (ATCA) ......................................................................................................... 5,691 5,691 

90 C–17A .......................................................................................................................... 183,696 75,115 

Transition to post production .................................................................................. [–108,581 ] 

91 C–130 ........................................................................................................................... 25,646 25,646 

92 EC–130J ...................................................................................................................... 0 0 

93 C–135 ........................................................................................................................... 2,434 2,434 

94 F–15 ............................................................................................................................ 2,076 2,076 

95 F–16 ............................................................................................................................ 4,537 4,537 

96 T–6 ............................................................................................................................... 0 0 

97 OTHER AIRCRAFT ................................................................................................... 40,025 40,025 

98 INDUSTRIAL RESPONSIVENESS ......................................................................... 21,050 21,050 

99 WAR CONSUMABLES .............................................................................................. 87,220 0 

Transfer to OCO ...................................................................................................... [–87,220 ] 

100 OTHER PRODUCTION CHARGES ......................................................................... 1,072,858 1,072,858 

104 U–2 .............................................................................................................................. 48,875 48,875 

104A CLASSIFIED PROGRAMS ....................................................................................... 16,502 16,502 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ................................ 14,082,527 12,506,885 

MISSILE PROCUREMENT, AIR FORCE 

1 MISSILE REPLACEMENT EQ-BALLISTIC .......................................................... 67,745 67,745 
750 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

2 JASSM ......................................................................................................................... 236,193 236,193 

3 SIDEWINDER (AIM–9X) .......................................................................................... 88,769 88,769 

4 AMRAAM .................................................................................................................... 309,561 208,561 

Production Backlog .................................................................................................. [–101,000 ] 

5 PREDATOR HELLFIRE MISSILE ......................................................................... 46,830 46,830 

6 SMALL DIAMETER BOMB ..................................................................................... 7,523 7,523 

7 INDUSTR’L PREPAREDNS/POL PREVENTION ................................................. 726 726 

8 ADVANCED CRUISE MISSILE ............................................................................... 39 39 

9 MM III MODIFICATIONS ........................................................................................ 125,953 125,953 

10 AGM–65D MAVERICK .............................................................................................. 266 266 

11 AGM–88A HARM ....................................................................................................... 25,642 25,642 

12 AIR LAUNCH CRUISE MISSILE (ALCM) ............................................................. 14,987 14,987 

13 INITIAL SPARES/REPAIR PARTS ......................................................................... 43,241 43,241 

14 ADVANCED EHF ...................................................................................................... 761,353 761,353 

14 ADVANCED EHF ...................................................................................................... –208,520 –208,520 

15 ADVANCED EHF ...................................................................................................... 0 0 

16 WIDEBAND GAPFILLER SATELLITES(SPACE) ............................................... 526,855 526,855 

16 WIDEBAND GAPFILLER SATELLITES(SPACE) ............................................... –58,110 –58,110 

17 WIDEBAND GAPFILLER SATELLITES(SPACE) ............................................... 0 0 

18 GPS III SPACE SEGMENT ...................................................................................... 556,016 556,016 

18 GPS III SPACE SEGMENT ...................................................................................... –122,490 –122,490

19 GPS III SPACE SEGMENT ...................................................................................... 81,811 41,811 

Excess advance procurement—AF program change ............................................... [–40,000 ] 

20 SPACEBORNE EQUIP (COMSEC) .......................................................................... 21,568 21,568 

21 GLOBAL POSITIONING (SPACE) .......................................................................... 67,689 67,689 

22 DEF METEOROLOGICAL SAT PROG(SPACE) .................................................... 101,397 101,397 

23 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ............................................ 1,740,222 1,740,222 

24 SBIR HIGH (SPACE) ................................................................................................ 351,389 351,389 

24 SBIR HIGH (SPACE) ................................................................................................ –270,000 –270,000 

25 SBIR HIGH (SPACE) ................................................................................................ 243,500 243,500 

26 NATL POLAR-ORBITING OP ENV SATELLITE ................................................. 0 0 

29 DEFENSE SPACE RECONN PROGRAM ............................................................... 0 0 

31 SPECIAL UPDATE PROGRAMS ............................................................................. 154,727 154,727 

31A CLASSIFIED PROGRAMS ....................................................................................... 1,159,135 746,980

Classified Adjustment .............................................................................................. [–412,155 ] 

TOTAL, MISSILE PROCUREMENT, AIR FORCE .................................... 6,074,017 5,520,862 

PROCUREMENT OF AMMUNITION, AIR FORCE 

1 ROCKETS ................................................................................................................... 23,919 23,919 

2 CARTRIDGES ............................................................................................................ 89,771 89,771 

3 PRACTICE BOMBS ................................................................................................... 38,756 38,756 

4 GENERAL PURPOSE BOMBS ................................................................................ 168,557 168,557 

5 JOINT DIRECT ATTACK MUNITION ................................................................... 76,649 76,649 

6 CAD/PAD .................................................................................................................... 42,410 42,410 

7 EXPLOSIVE ORDINANCE DISPOSAL (EOD) ...................................................... 3,119 3,119 

8 SPARES AND REPAIR PARTS ............................................................................... 998 998 

9 MODIFICATIONS ...................................................................................................... 1,132 1,132 

10 ITEMS LESS THAN $5,000,000 .............................................................................. 5,075 5,075 

11 FLARES ...................................................................................................................... 46,749 46,749 

12 FUZES ........................................................................................................................ 34,735 34,735 

13 SMALL ARMS ............................................................................................................ 7,195 7,195 

14 ADJ TO MATCH CONTINUING RESOLUTION ................................................... 0 0 

TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ................. 539,065 539,065 

OTHER PROCUREMENT, AIR FORCE 

1 PASSENGER CARRYING VEHICLES .................................................................... 5,621 5,621 

2 MEDIUM TACTICAL VEHICLE ............................................................................. 18,411 18,411 

3 CAP VEHICLES ......................................................................................................... 917 917 

4 ITEMS LESS THAN $5,000,000 (CARGO .............................................................. 18,694 18,694 

5 SECURITY AND TACTICAL VEHICLES .............................................................. 5,982 85 

HMMWV--In Excess of Need .................................................................................. [–2,956 ] 

Guardian Angel Contract Delay .............................................................................. [–2,941 ] 

6 ITEMS LESS THAN $5,000,000 (SPECIA .............................................................. 20,677 20,677 

7 FIRE FIGHTING/CRASH RESCUE VEHICLES ................................................... 22,881 22,881 

8 ITEMS LESS THAT $5,000,000 .............................................................................. 14,978 14,978 

9 RUNWAY SNOW REMOV AND CLEANING EQU ................................................ 16,556 16,556 

10 ITEMS LESS THAN $5M BASE MAINT/CONST .................................................. 30,225 30,225 

11 COMSEC EQUIPMENT ............................................................................................ 135,169 135,169 

12 MODIFICATIONS (COMSEC) .................................................................................. 1,263 1,263 

13 AIR FORCE PHYSICAL SECURITY ....................................................................... 0 0 

14 INTELLIGENCE TRAINING EQUIPMENT .......................................................... 2,645 2,645 

15 INTELLIGENCE COMM EQUIPMENT .................................................................. 21,762 21,762 

16 ADVANCE TECH SENSORS ................................................................................... 899 899 

17 MISSION PLANNING SYSTEMS ............................................................................ 18,529 18,529 

18 AIR TRAFFIC CONTROL & LANDING SYS ......................................................... 32,473 32,473 

19 NATIONAL AIRSPACE SYSTEM ............................................................................ 51,426 51,426 
751 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

20 BATTLE CONTROL SYSTEM—FIXED ................................................................. 32,468 32,468 

21 THEATER AIR CONTROL SYS IMPROVEMEN .................................................. 22,813 22,813 

22 WEATHER OBSERVATION FORECAST ............................................................... 14,619 14,619 

23 STRATEGIC COMMAND AND CONTROL ............................................................. 39,144 39,144 

24 CHEYENNE MOUNTAIN COMPLEX ..................................................................... 25,992 25,992 

25 TAC SIGNIT SPT ...................................................................................................... 217 217 

26 DRUG INTERDICTION SUPPORT ......................................................................... 0 0 

27 GENERAL INFORMATION TECHNOLOGY ......................................................... 52,263 52,263 

28 AF GLOBAL COMMAND & CONTROL SYS .......................................................... 16,951 16,951 

29 MOBILITY COMMAND AND CONTROL ............................................................... 26,433 19,033 

SLICC/Viper II Excess of Need .............................................................................. [–7,400 ] 

30 AIR FORCE PHYSICAL SECURITY SYSTEM ...................................................... 90,015 90,015 

31 COMBAT TRAINING RANGES ............................................................................... 23,955 23,955 

32 C3 COUNTERMEASURES ....................................................................................... 7,518 7,518 

33 GCSS-AF FOS ............................................................................................................ 72,641 72,641 

34 THEATER BATTLE MGT C2 SYSTEM ................................................................. 22,301 22,301 

35 AIR & SPACE OPERATIONS CTR-WPN SYS ........................................................ 15,525 15,525 

36 INFORMATION TRANSPORT SYSTEMS .............................................................. 49,377 49,377 

37 BASE INFO INFRASTRUCTURE ........................................................................... 41,239 41,239 

38 AFNET ........................................................................................................................ 228,978 108,978 

Reduce Program Growth ......................................................................................... [–120,000 ] 

39 VOICE SYSTEMS ...................................................................................................... 43,603 23,603 

Reduce Program Growth ......................................................................................... [–20,000 ] 

40 USCENTCOM ............................................................................................................. 30,983 30,983 

41 SPACE BASED IR SENSOR PGM SPACE ............................................................. 49,570 49,570 

42 NAVSTAR GPS SPACE ............................................................................................. 2,008 2,008 

43 NUDET DETECTION SYS SPACE ......................................................................... 4,863 4,863 

44 AF SATELLITE CONTROL NETWORK SPACE .................................................. 61,386 61,386 

45 SPACELIFT RANGE SYSTEM SPACE .................................................................. 125,947 125,947 

46 MILSATCOM SPACE ................................................................................................ 104,720 36,570 

EHF SATCOM, FAB-T advance procurement-AF program change (non-add) ..... [ ] 

Early to need in FAB-T .......................................................................................... [–68,150 ] 

47 SPACE MODS SPACE ............................................................................................... 28,075 28,075

48 COUNTERSPACE SYSTEM ..................................................................................... 20,718 20,718 

49 TACTICAL C-E EQUIPMENT ................................................................................. 227,866 153,590 

JTRS AMF Milestone C Delay ............................................................................... [–12,636 ] 

JTRS Handheld / Manpack Cost Increases ............................................................ [–44,500 ] 

JTC Training and Rehearsal Schedule Ahead of Need .......................................... [–17,140 ] 

50 COMBAT SURVIVOR EVADER LOCATER ........................................................... 22,184 7,184 

CSEL Contract Delay .............................................................................................. [–15,000 ] 

51 RADIO EQUIPMENT ................................................................................................ 11,408 11,408

52 CCTV/AUDIOVISUAL EQUIPMENT ...................................................................... 11,559 11,559 

53 BASE COMM INFRASTRUCTURE ......................................................................... 105,977 80,977 

Slow Execution ......................................................................................................... [–25,000] 

54 COMM ELECT MODS ............................................................................................... 76,810 76,810 

55 NIGHT VISION GOGGLES ...................................................................................... 20,008 1,008 

Night Vision Cueing and Display Contract Delay ................................................... [–19,000 ] 

56 ITEMS LESS THAN $5,000,000 (SAFETY) ........................................................... 25,499 12,598 

Laser Eye Protection Contract Delay ..................................................................... [–5,800 ] 

MACH Early to Need .............................................................................................. [–7,101 ] 

57 MECHANIZED MATERIAL HANDLING EQUIP ................................................. 37,829 37,829 

58 BASE PROCURED EQUIPMENT ........................................................................... 16,483 16,483 

59 CONTINGENCY OPERATIONS ............................................................................... 16,754 16,754 

60 PRODUCTIVITY CAPITAL INVESTMENT ........................................................... 3,653 903 

Unjustified Program Growth ................................................................................... [–2,750 ] 

61 MOBILITY EQUIPMENT ......................................................................................... 30,345 20,345 

Power Generation--Reduce Growth .......................................................................... [–10,000 ] 

62 ITEMS LESS THAN $5,000,000 (BASE S) ............................................................ 2,819 2,819 

64 DARP RC135 .............................................................................................................. 23,341 23,341 

65 DCGS-AF .................................................................................................................... 212,146 212,146 

67 SPECIAL UPDATE PROGRAM ............................................................................... 410,069 410,069 

68 DEFENSE SPACE RECONNAISSANCE PROG. ................................................... 41,066 41,066 

68A CLASSIFIED PROGRAMS ....................................................................................... 14,618,160 14,788,852 

Classified Adjustment .............................................................................................. [170,692 ] 

69 SPARES AND REPAIR PARTS ............................................................................... 14,630 14,630 

TOTAL, OTHER PROCUREMENT, AIR FORCE ....................................... 17,602,036 17,392,354 

PROCUREMENT, DEFENSE-WIDE 

1 MAJOR EQUIPMENT, BTA ..................................................................................... 0 0 

2 ITEMS LESS THAN $5 MILLION .......................................................................... 1,473 1,473 

3 MAJOR EQUIPMENT ............................................................................................... 2,076 2,076 

4 PERSONNEL ADMINISTRATION .......................................................................... 11,019 11,019 

13 INTERDICTION SUPPORT ..................................................................................... 0 0 

14 INFORMATION SYSTEMS SECURITY .................................................................. 19,952 19,952 

15 GLOBAL COMMAND AND CONTROL SYSTEM .................................................. 5,324 5,324 

16 GLOBAL COMBAT SUPPORT SYSTEM ................................................................ 2,955 2,955 

17 TELEPORT PROGRAM ............................................................................................ 54,743 54,743 
752 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

18 ITEMS LESS THAN $5 MILLION .......................................................................... 174,805 174,805 

19 NET CENTRIC ENTERPRISE SERVICES (NCES) ............................................. 3,429 3,429 

20 DEFENSE INFORMATION SYSTEM NETWORK ................................................ 500,932 200,932 

Other alternatives not evaluated; need to conduct AOA ......................................... [–300,000 ] 

21 PUBLIC KEY INFRASTRUCTURE ........................................................................ 1,788 1,788 

22 CYBER SECURITY INITIATIVE ............................................................................ 24,085 24,085 

23 MAJOR EQUIPMENT ............................................................................................... 11,537 11,537 

24 MAJOR EQUIPMENT ............................................................................................... 14,542 14,542 

25 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ................................. 1,444 1,444 

26 EQUIPMENT ............................................................................................................. 971 971 

27 OTHER CAPITAL EQUIPMENT ............................................................................. 974 974 

28 VEHICLES ................................................................................................................. 200 200 

29 OTHER MAJOR EQUIPMENT ................................................................................ 12,806 12,806 

30 MAJOR EQUIPMENT ............................................................................................... 447 447 

31 THAAD PROCUREMENT ........................................................................................ 0 0 

32 AEGIS BMD PROCUREMENT ................................................................................ 0 0 

33 THAAD ....................................................................................................................... 833,150 713,150 

Excess to production capacity .................................................................................. [–120,000 ] 

34 AEGIS BMD ............................................................................................................... 565,393 250,393 

Production delay; transfer to R&D for fixes ........................................................... [–315,000 ] 

35 BMDS AN/TPY–2 RADARS ...................................................................................... 380,195 380,195 

43 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ................................. 5,787 5,787 

45 MAJOR EQUIPMENT, OSD ..................................................................................... 47,123 47,123 

46 MAJOR EQUIPMENT, INTELLIGENCE ............................................................... 20,176 20,176 

47 MAJOR EQUIPMENT, TJS ...................................................................................... 29,729 29,729 

48 MAJOR EQUIPMENT, WHS .................................................................................... 31,974 31,974 

48A CLASSIFIED PROGRAMS ....................................................................................... 554,408 554,408 

49 ROTARY WING UPGRADES AND SUSTAINMENT ............................................ 41,411 41,411 

50 MH–47 SERVICE LIFE EXTENSION PROGRAM ................................................ 0 0 

51 MH–60 MODERNIZATION PROGRAM .................................................................. 171,456 171,456 

52 NON-STANDARD AVIATION .................................................................................. 272,623 176,023 

NSAV-M Unjustified Requirement .......................................................................... [–50,100 ] 

AvFID Funding ahead of need ................................................................................ [–55,000 ] 

NSAV-L Transfer from OCO .................................................................................. [8,500 ] 

53 TANKER RECAPITALIZATION .............................................................................. 0 0 

54 U–28 ............................................................................................................................ 5,100 5,100 

55 MH–47 CHINOOK ..................................................................................................... 142,783 142,783 

56 RQ–11 UNMANNED AERIAL VEHICLE ............................................................... 486 486 

57 CV–22 MODIFICATION ............................................................................................ 118,002 118,002 

58 MQ–1 UNMANNED AERIAL VEHICLE ................................................................. 3,025 3,025 

59 MQ–9 UNMANNED AERIAL VEHICLE ................................................................. 3,024 3,024 

60 RQ–7 UNMANNED AERIAL VEHICLE ................................................................. 450 450 

61 STUASL0 .................................................................................................................... 12,276 12,276 

62 AC/MC–130J ............................................................................................................... 74,891 74,891 

63 C–130 MODIFICATIONS .......................................................................................... 19,665 19,665 

64 AIRCRAFT SUPPORT .............................................................................................. 6,207 6,207 

65 UNDERWATER SYSTEMS ...................................................................................... 6,999 6,999 

66 SEAL DELIVERY VEHICLE ................................................................................... 0 0 

67 ORDNANCE REPLENISHMENT ............................................................................ 116,009 116,009 

68 ORDNANCE ACQUISITION ..................................................................................... 28,281 28,281 

69 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .................................. 87,489 87,489 

70 INTELLIGENCE SYSTEMS .................................................................................... 74,702 85,702 

VSO/ALP Unfunded Requirement .......................................................................... [15,600 ] 

VSO/ALP Unfunded Requirement .......................................................................... [–4,600 ] 

71 SMALL ARMS AND WEAPONS .............................................................................. 9,196 13,196 

VSO/ALP Unfunded Requirement .......................................................................... [4,000 ] 

72 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............................... 15,621 15,621 

74 MARITIME EQUIPMENT MODIFICATIONS ........................................................ 0 0 

76 COMBATANT CRAFT SYSTEMS ............................................................................ 6,899 21,899 

HSAC Unfunded Requirement ................................................................................ [15,000 ] 

77 SPARES AND REPAIR PARTS ............................................................................... 594 594 

78 TACTICAL VEHICLES ............................................................................................. 33,915 41,315 

VSO/ALP Unfunded Requirement .......................................................................... [27,800 ] 

VSO/ALP Unfunded Requirement .......................................................................... [–20,400 ] 

79 MISSION TRAINING AND PREPARATION SYSTEMS ....................................... 0 0 

80 MISSION TRAINING AND PREPARATION SYSTEMS ....................................... 46,242 46,242 

81 COMBAT MISSION REQUIREMENTS ................................................................... 50,000 20,000 

Reduction to growth ................................................................................................. [–30,000 ] 

82 MILCON COLLATERAL EQUIPMENT .................................................................. 18,723 18,723 

84 CLASSIFIED PROGRAMS ....................................................................................... 0 0 

85 AUTOMATION SYSTEMS ........................................................................................ 51,232 51,232 

86 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ................................................. 7,782 7,782 

87 OPERATIONAL ENHANCEMENTS INTELLIGENCE ........................................ 22,960 22,960 

88 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ........................................ 362 2,962 

VSO/ALP Unfunded Requirement .......................................................................... [2,600 ] 

89 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS ........................ 15,758 15,758 

90 TACTICAL RADIO SYSTEMS ................................................................................. 76,459 76,459 

91 MARITIME EQUIPMENT ........................................................................................ 0 0 
753 

†S 1867 ES

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

92 DRUG INTERDICTION ............................................................................................ 0 0 

93 MISCELLANEOUS EQUIPMENT ........................................................................... 1,895 1,895 

94 OPERATIONAL ENHANCEMENTS ....................................................................... 246,893 246,893 

95 MILITARY INFORMATION SUPPORT OPERATIONS ........................................ 4,142 4,142 

95A CLASSIFIED PROGRAMS ....................................................................................... 4,012 4,012 

96 INSTALLATION FORCE PROTECTION ............................................................... 15,900 14,817 

Underexecution ........................................................................................................ [–1,083 ] 

97 INDIVIDUAL PROTECTION ................................................................................... 71,376 70,484 

Underexecution ........................................................................................................ [–892 ] 

98 DECONTAMINATION ............................................................................................... 6,466 6,208 

Underexecution ........................................................................................................ [–258 ] 

99 JOINT BIO DEFENSE PROGRAM (MEDICAL) ................................................... 11,143 11,019 

Underexecution ........................................................................................................ [–124 ] 

100 COLLECTIVE PROTECTION .................................................................................. 9,414 9,085 

Underexecution ........................................................................................................ [–329 ] 

101 CONTAMINATION AVOIDANCE ............................................................................ 139,948 138,322 

Underexecution ........................................................................................................ [–1,626 ] 

TOTAL, PROCUREMENT, DEFENSE-WIDE .............................................. 5,365,248 4,539,336 

JOINT URGENT OPERATIONAL NEEDS FUND 

1 JOINT URGENT OPERATIONAL NEEDS FUND ............................................... 100,000 100,000 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND .................... 100,000 100,000 

TOTAL, PROCUREMENT .................................................................................. 111,453,792 101,633,483 
754 

†S 1867 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

2 C–12 CARGO AIRPLANE ......................................................................................... 10,500 0 

No justified requirement .......................................................................................... [–10,500 ] 

04 MQ–1 UAV .................................................................................................................. 0 658,798 

Transfer from Base ................................................................................................. [658,798 ] 

05 RQ–11 (RAVEN) ........................................................................................................ 0 0 

8 AH–64 BLOCK II/WRA ............................................................................................. 35,500 0 

Program reduction ................................................................................................... [–35,500 ] 

12 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 72,000 54,500 

Combat Loss funded in FY11 ................................................................................. [–17,500 ] 

17 KIOWA WARRIOR UPGRADE (OH–58 D)/WRA ................................................... 145,500 145,500 

19 MQ–1 PAYLOAD—UAS ............................................................................................ 10,800 117,983 

Transfer from Base ................................................................................................. [107,183 ] 

22 MULTI SENSOR ABN RECON (MIP) .................................................................... 54,500 54,500 

33 RQ–7 UAV MODS ...................................................................................................... 94,600 94,600 

34 RQ–7 UAV MODS ...................................................................................................... –79,000 

VADER ISR payload not compatible with host platform ....................................... [–79,000 ] 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ........................................... 423,400 1,046,881 

MISSILE PROCUREMENT, ARMY 

4 HELLFIRE SYS SUMMARY .................................................................................... 107,556 107,556 

9 GUIDED MLRS ROCKET (GMLRS) ....................................................................... 19,000 19,000 

TOTAL, MISSILE PROCUREMENT, ARMY ............................................... 126,556 126,556 

PROCUREMENT OF W&TCV, ARMY 

19 MACHINE GUN, CAL . 50 M2 ROLL ..................................................................... 0 31,102 

Transfer from Base ................................................................................................. [31,102 ] 

20 LIGHTWEIGHT .50 CALIBER MACHINE GUN ................................................... 5,427 5,427 

29 COMMON REMOTELY OPERATED WEAPONS STATION (CRO ...................... 14,890 14,890 

31 HOWITZER LT WT 155MM (T) .............................................................................. 0 13,066 

Transfer from Base ................................................................................................. [13,066 ] 

33 M4 CARBINE MODS ................................................................................................. 16,800 16,800 

34 M2 50 CAL MACHINE GUN MODS ........................................................................ 0 48,856 

Transfer from Base ................................................................................................. [48,856 ] 

TOTAL, PROCUREMENT OF W&TCV, ARMY .......................................... 37,117 130,141 

PROCUREMENT OF AMMUNITION, ARMY 

4 CTG, HANDGUN, ALL TYPES ............................................................................... 1,200 1,200 

9 CTG, 30MM, ALL TYPES ......................................................................................... 4,800 4,800 

10 CTG, 40MM, ALL TYPES ......................................................................................... 38,000 38,000 

13 81MM MORTAR, ALL TYPES ................................................................................. 8,000 8,000 

14 120MM MORTAR, ALL TYPES ............................................................................... 49,140 49,140 

19 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................... 10,000 10,000 

22 ARTILLERY FUZES, ALL TYPES ......................................................................... 5,000 5,000 

27 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ......................................... 5,000 5,000 

28 ROCKET, HYDRA 70, ALL TYPES ........................................................................ 53,841 53,841 

29 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 16,000 16,000 

31 SIGNALS, ALL TYPES ............................................................................................. 7,000 7,000 

32 SIMULATORS, ALL TYPES .................................................................................... 8,000 8,000 

36 CAD/PAD ALL TYPES ............................................................................................. 2,000 2,000 

37 ITEMS LESS THAN $5 MILLION .......................................................................... 400 400 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ............................. 208,381 208,381 

OTHER PROCUREMENT, ARMY 

5 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................. 11,094 11,094 

7 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ......................................... 47,214 47,214 

10 MINE PROTECTION VEHICLE FAMILY ............................................................. 0 8,671 

Transfer from Base ................................................................................................. [8,671 ] 

15 TACTICAL WHEELED VEHICLE PROTECTION KITS ..................................... 0 39,908 

Transfer from Base ................................................................................................. [39,908 ] 

17 MINE-RESISTANT AMBUSH-PROTECTED MODS ............................................. 0 127,862 

Transfer from Base ................................................................................................. [127,862 ] 

23 NONTACTICAL VEHICLES, OTHER .................................................................... 3,600 3,600 

25 WIN-T—GROUND FORCES TACTICAL NETWORK ........................................... 547 547 

39 JOINT TACTICAL RADIO SYSTEM ....................................................................... 450 450 

42 AMC CRITICAL ITEMS—OPA2 .............................................................................. 8,141 8,141 

49 GUNSHOT DETECTION SYSTEM (GDS) ............................................................. 44,100 0 

Concurrent development and procurement .............................................................. [–44,100 ] 

51 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ....................................... 6,443 6,443 
755 

†S 1867 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

56 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ...................................... 54,730 54,730 

58 BASE SUPPORT COMMUNICATIONS ................................................................... 5,000 5,000 

62 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ........................ 169,500 169,500 

70 DCGS-A (MIP) ............................................................................................................ 83,000 207,548 

Transfer from Base ................................................................................................. [124,548 ] 

72 TROJAN (MIP) .......................................................................................................... 61,100 61,100 

76 LIGHTWEIGHT COUNTER MORTAR RADAR ..................................................... 54,100 54,100 

79 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITES ........................... 53,000 53,000 

80 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ....................... 48,600 48,600 

84 SENSE THROUGH THE WALL (STTW) ............................................................... 10,000 10,000 

90 COUNTER-ROCKET, ARTILLERY & MORTAR ................................................... 0 15,774 

Transfer from Base ................................................................................................. [15,774 ] 

92 GREEN LASER INTERDICTION SYSTEM ........................................................... 0 25,356 

Transfer from Base ................................................................................................. [25,356 ] 

95 PROFILER ................................................................................................................. 2,000 2,000 

96 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ............................................. 30,400 30,400 

98 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ........................................... 148,335 148,335 

102 COUNTERFIRE RADARS ........................................................................................ 110,548 110,548 

105 FIRE SUPPORT C2 FAMILY .................................................................................. 15,081 15,081 

106 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ....................... 10,000 10,000 

108 AIR & MSL DEFENSE PLANNING & CONTROL SYS ........................................ 28,000 28,000 

109 KNIGHT FAMILY ..................................................................................................... 42,000 42,000 

114 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ........................ 32,800 32,800 

115 MANEUVER CONTROL SYSTEM (MCS) .............................................................. 44,000 44,000 

116 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ............................................ 18,000 18,000 

121 AUTOMATED DATA PROCESSING EQUIP ......................................................... 10,000 10,000 

127A CLASSIFIED PROGRAMS ....................................................................................... 795 795 

128 PROTECTIVE SYSTEMS ......................................................................................... 11,472 11,472 

129 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ............................................. 30,000 30,000 

130 BASE DEFENSE SYSTEMS (BDS) ........................................................................ 0 41,204 

Transfer from Base ................................................................................................. [41,204 ] 

131 CBRN SOLDIER PROTECTION ............................................................................. 1,200 1,200 

133 TACTICAL BRIDGING ............................................................................................. 15,000 15,000

134 TACTICAL BRIDGE, FLOAT-RIBBON .................................................................. 26,900 26,900 

137 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ................................................. 0 22,297 

Transfer from Base ................................................................................................. [22,297 ] 

138 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ......................... 3,205 3,205 

149 FORCE PROVIDER ................................................................................................... 68,000 68,000 

158 COMBAT SUPPORT MEDICAL .............................................................................. 15,011 15,011 

159 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ............................................ 25,129 25,129 

180 ALL TERRAIN LIFTING ARMY SYSTEM ............................................................ 1,800 1,800 

189 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ................................... 43,000 22,000 

Prior year unobligated funds available .................................................................... [–21,000 ] 

190 PHYSICAL SECURITY SYSTEMS (OPA3) ............................................................ 4,900 4,900 

TOTAL, OTHER PROCUREMENT, ARMY .................................................. 1,398,195 1,738,715 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

1 ATTACK THE NETWORK ....................................................................................... 1,368,800 1,211,800 

Undistributed efficiencies reduction ........................................................................ [–90,000 ] 

BAA S&T Response—unjustified request ............................................................... [–50,000 ] 

Information Fusion—unjustified program growth .................................................. [–17,000 ] 

2 DEFEAT THE DEVICE ........................................................................................... 961,200 811,200 

Undistributed efficiencies reduction ........................................................................ [–150,000 ] 

3 TRAIN THE FORCE ................................................................................................. 247,500 224,450 

Undistributed efficiencies reduction ........................................................................ [–5,000 ] 

Train the Force Response—unjustified program growth ........................................ [–18,050 ] 

04 OPERATIONS ............................................................................................................ 200,634 

Transfer from Base: Operations .............................................................................. [220,634 ] 

Undistributed efficiencies reduction ........................................................................ [–20,000 ] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ..................... 2,577,500 2,448,084 

AIRCRAFT PROCUREMENT, NAVY 

11 UH–1Y/AH–1Z ............................................................................................................ 30,000 24,875 

Excessive unit cost growth ....................................................................................... [–5,125 ] 

19 E–2D ADV HAWKEYE ............................................................................................. 163,500 0 

Combat loss funded in fiscal year 2011 .................................................................. [–163,500 ] 

28 OTHER SUPPORT AIRCRAFT ............................................................................... 21,882 21,882 

30 AEA SYSTEMS .......................................................................................................... 53,100 53,100 

31 AV–8 SERIES ............................................................................................................. 53,485 53,485 

32 F–18 SERIES ............................................................................................................. 46,992 46,992 

34 AH–1W SERIES ......................................................................................................... 39,418 37,918 

ANVIS HUD install kit pricing ............................................................................... [–1,500 ] 

35 H–53 SERIES ............................................................................................................. 70,747 63,747 

Excess hardware support ......................................................................................... [–2,000 ] 

Excess NRE for Bue Force Tracker modifications ................................................. [–5,000 ] 

37 H–1 SERIES ............................................................................................................... 6,420 6,420 
756 

†S 1867 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

38 EP–3 SERIES ............................................................................................................. 20,800 20,800 

43 C–130 SERIES ........................................................................................................... 59,625 45,825 

LAIRCM install unit cost ........................................................................................ [–3,600 ] 

Targeting Sight Systems exceed requirement ......................................................... [–10,200 ] 

45 CARGO/TRANSPORT A/C SERIES ......................................................................... 25,880 18,280 

Excess C–20G installation NRE .............................................................................. [–4,000 ] 

UC–12W excess to need ........................................................................................... [–3,600 ] 

48 SPECIAL PROJECT AIRCRAFT ............................................................................. 11,184 11,184 

53 COMMON ECM EQUIPMENT ................................................................................. 27,200 24,200 

Other support excess ................................................................................................ [–3,000 ] 

54 COMMON AVIONICS CHANGES ............................................................................ 13,467 11,467 

OSIP 10–11 other support growth .......................................................................... [–2,000 ] 

55 COMMON DEFENSIVE WEAPON SYSTEM ......................................................... 3,300 3,300 

60 V–22 (TILT/ROTOR ACFT) OSPREY ..................................................................... 30,000 25,500 

Deficiencies modifications other support growth ..................................................... [–2,500 ] 

Reliability modifications other support growth ........................................................ [–2,000 ] 

61 SPARES AND REPAIR PARTS ............................................................................... 39,060 39,060 

62 COMMON GROUND EQUIPMENT ......................................................................... 10,800 10,800 

64 WAR CONSUMABLES .............................................................................................. 0 27,300 

Transfer from Base ................................................................................................. [27,300 ] 

65 OTHER PRODUCTION CHARGES ......................................................................... 4,100 4,100 

TOTAL, AIRCRAFT PROCUREMENT, NAVY ............................................ 730,960 550,235 

WEAPONS PROCUREMENT, NAVY 

9 HELLFIRE ................................................................................................................. 14,000 14,000 

10 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ............................... 20,000 20,000 

27 SMALL ARMS AND WEAPONS .............................................................................. 7,070 7,070 

TOTAL, WEAPONS PROCUREMENT, NAVY ............................................. 41,070 41,070 

PROCUREMENT OF AMMO, NAVY & MC 

3 AIRBORNE ROCKETS, ALL TYPES ...................................................................... 80,200 80,200 

4 MACHINE GUN AMMUNITION .............................................................................. 22,400 22,400 

7 AIR EXPENDABLE COUNTERMEASURES ......................................................... 20,000 20,000 

11 OTHER SHIP GUN AMMUNITION ........................................................................ 182 182 

12 SMALL ARMS & LANDING PARTY AMMO .......................................................... 4,545 4,545 

13 PYROTECHNIC AND DEMOLITION ..................................................................... 1,656 1,656 

14 AMMUNITION LESS THAN $5 MILLION ............................................................ 6,000 6,000 

15 SMALL ARMS AMMUNITION ................................................................................. 19,575 19,575 

16 LINEAR CHARGES, ALL TYPES ........................................................................... 6,691 6,691 

17 40 MM, ALL TYPES .................................................................................................. 12,184 12,184 

18 60MM, ALL TYPES ................................................................................................... 10,988 10,988 

19 81MM, ALL TYPES ................................................................................................... 24,515 24,515 

20 120MM, ALL TYPES ................................................................................................. 11,227 11,227 

21 CTG 25MM, ALL TYPES .......................................................................................... 802 802 

22 GRENADES, ALL TYPES ........................................................................................ 5,911 5,911 

23 ROCKETS, ALL TYPES ........................................................................................... 18,871 18,871 

24 ARTILLERY, ALL TYPES ....................................................................................... 57,003 57,003 

25 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 7,831 7,831 

26 FUZE, ALL TYPES ................................................................................................... 5,177 5,177 

27 NON LETHALS ......................................................................................................... 712 712 

29 ITEMS LESS THAN $5 MILLION .......................................................................... 630 630 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ................................. 317,100 317,100 

OTHER PROCUREMENT, NAVY 

23 STANDARD BOATS .................................................................................................. 13,729 13,729 

56 MATCALS ................................................................................................................... 7,232 7,232 

66 TACTICAL/MOBILE C4I SYSTEMS ....................................................................... 4,000 4,000 

92 EXPEDITIONARY AIRFIELDS .............................................................................. 47,000 47,000 

95 METEOROLOGICAL EQUIPMENT ........................................................................ 10,800 10,800 

97 AVIATION LIFE SUPPORT .................................................................................... 14,000 14,000 

101 OTHER AVIATION SUPPORT EQUIPMENT ....................................................... 18,226 18,226 

112 SSN COMBAT CONTROL SYSTEMS ..................................................................... 7,500 7,500 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...................................................... 15,700 15,700 

121 PASSENGER CARRYING VEHICLES .................................................................... 2,628 1,155 

Unjustified Growth .................................................................................................. [–1,473 ] 

123 CONSTRUCTION & MAINTENANCE EQUIP ....................................................... 13,290 13,290 

124 FIRE FIGHTING EQUIPMENT .............................................................................. 3,672 3,672 

128 ITEMS UNDER $5 MILLION .................................................................................. 1,002 1,002 

130 MATERIALS HANDLING EQUIPMENT ............................................................... 3,644 3,644 

134 TRAINING SUPPORT EQUIPMENT ...................................................................... 5,789 0 

Funding No Longer Required ................................................................................. [–5,789 ] 

135 COMMAND SUPPORT EQUIPMENT ..................................................................... 3,310 3,310 

140 OPERATING FORCES SUPPORT EQUIPMENT .................................................. 6,977 6,977 

141 C4ISR EQUIPMENT ................................................................................................. 24,762 24,762 

143 PHYSICAL SECURITY EQUIPMENT .................................................................... 78,241 70,641 
757 

†S 1867 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

Intelligence Kits—Funding No Longer Required Due to Force Structure Reductions.[–7,600 ] 

149 SPARES AND REPAIR PARTS ............................................................................... 473 473 

TOTAL, OTHER PROCUREMENT, NAVY ................................................... 281,975 267,113 

PROCUREMENT, MARINE CORPS 

2 LAV PIP ...................................................................................................................... 23,962 23,962 

4 155MM LIGHTWEIGHT TOWED HOWITZER ..................................................... 16,000 16,000 

5 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................. 10,488 10,488 

6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ........................... 27,373 27,373 

10 JAVELIN .................................................................................................................... 2,527 2,527 

13 MODIFICATION KITS .............................................................................................. 59,730 59,730

15 REPAIR AND TEST EQUIPMENT ......................................................................... 19,040 19,040 

17 MODIFICATION KITS .............................................................................................. 2,331 2,331 

18 ITEMS UNDER $5 MILLION (COMM & ELEC) ................................................... 3,090 3,090 

19 AIR OPERATIONS C2 SYSTEMS ........................................................................... 5,236 5,236 

20 RADAR SYSTEMS ..................................................................................................... 26,506 26,506 

21 FIRE SUPPORT SYSTEM ........................................................................................ 35 35 

22 INTELLIGENCE SUPPORT EQUIPMENT ........................................................... 47,132 47,132 

28 NIGHT VISION EQUIPMENT ................................................................................. 9,850 9,850 

29 COMMON COMPUTER RESOURCES .................................................................... 18,629 18,629 

30 COMMAND POST SYSTEMS ................................................................................... 31,491 31,491 

31 RADIO SYSTEMS ...................................................................................................... 87,027 87,027 

32 COMM SWITCHING & CONTROL SYSTEMS ....................................................... 54,177 124,177 

Digital technical control shelters ............................................................................. [20,000 ] 

Data distribution system modules ........................................................................... [50,000 ] 

33 COMM & ELEC INFRASTRUCTURE SUPPORT .................................................. 2,200 2,200 

37 MOTOR TRANSPORT MODIFICATIONS .............................................................. 95,800 95,800 

38 MEDIUM TACTICAL VEHICLE REPLACEMENT ............................................... 392,391 92,391 

MTVR Reduction ..................................................................................................... [–300,000 ] 

39 LOGISTICS VEHICLE SYSTEM REP .................................................................... 38,382 38,382 

40 FAMILY OF TACTICAL TRAILERS ...................................................................... 24,826 24,826 

43 ENVIRONMENTAL CONTROL EQUIP ASSORT ................................................. 18,775 18,775 

44 BULK LIQUID EQUIPMENT .................................................................................. 7,361 7,361 

46 POWER EQUIPMENT ASSORTED ........................................................................ 51,895 106,895 

Advanced power sources .......................................................................................... [20,000 ] 

Mobile power equipment .......................................................................................... [35,000 ] 

48 EOD SYSTEMS .......................................................................................................... 57,237 57,237 

49 PHYSICAL SECURITY EQUIPMENT .................................................................... 42,900 42,900 

51 MATERIAL HANDLING EQUIP ............................................................................. 42,553 42,553 

53 FIELD MEDICAL EQUIPMENT ............................................................................. 8,307 8,307 

54 TRAINING DEVICES ................................................................................................ 5,200 5,200 

55 CONTAINER FAMILY .............................................................................................. 12 12 

56 FAMILY OF CONSTRUCTION EQUIPMENT ....................................................... 28,533 28,533 

TOTAL, PROCUREMENT, MARINE CORPS .............................................. 1,260,996 1,085,996 

AIRCRAFT PROCUREMENT, AIR FORCE 

19 V22 OSPREY .............................................................................................................. 70,000 0 

Combat Loss funded in FY11 ................................................................................. [–70,000 ] 

24 HH–60M ...................................................................................................................... 39,300 39,300 

27 STUASL0 .................................................................................................................... 2,472 2,472 

34 MQ–9 (REAPER) ....................................................................................................... 0 783,592 

Transfer from Base ................................................................................................. [783,592 ] 

43 C–5 ............................................................................................................................... 59,299 59,299 

59 MC–12W ...................................................................................................................... 17,300 17,300 

63 C–130 ........................................................................................................................... 164,041 164,041 

64 C–130 INTEL ............................................................................................................. 4,600 4,600 

65 C–130J MODS ............................................................................................................ 27,983 27,983 

67 COMPASS CALL MODS ........................................................................................... 12,000 12,000 

75 HC/MC–130 MODIFICATIONS ................................................................................ 34,000 34,000 

76 OTHER AIRCRAFT ................................................................................................... 15,000 15,000 

77 MQ–1 MODS ............................................................................................................... 2,800 2,800 

81 INITIAL SPARES/REPAIR PARTS ......................................................................... 2,800 2,800 

90 C–17A .......................................................................................................................... 10,970 10,970 

99 WAR CONSUMABLES (OCO) .................................................................................. 0 87,220 

Transfer from Base ................................................................................................. [87,220 ] 

100 OTHER PRODUCTION CHARGES ......................................................................... 23,000 23,000 

104 U–2 .............................................................................................................................. 42,300 13,400 

Sensors ..................................................................................................................... [–28,900 ] 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ................................ 527,865 1,299,777 

MISSILE PROCUREMENT, AIR FORCE 

5 PREDATOR HELLFIRE MISSILE ......................................................................... 16,120 16,120 

6 SMALL DIAMETER BOMB ..................................................................................... 12,300 12,300 
758 

†S 1867 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

TOTAL, MISSILE PROCUREMENT, AIR FORCE .................................... 28,420 28,420 

PROCUREMENT OF AMMUNITION, AIR FORCE 

1 ROCKETS ................................................................................................................... 329 329 

2 CARTRIDGES ............................................................................................................ 8,014 8,014 

4 GENERAL PURPOSE BOMBS ................................................................................ 17,385 17,385 

5 JOINT DIRECT ATTACK MUNITION ................................................................... 34,100 34,100 

7 EXPLOSIVE ORDINANCE DISPOSAL (EOD) ...................................................... 1,200 1,200 

11 FLARES ...................................................................................................................... 11,217 11,217 

12 FUZES ........................................................................................................................ 8,765 8,765 

13 SMALL ARMS ............................................................................................................ 11,500 11,500 

TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ................. 92,510 92,510 

OTHER PROCUREMENT, AIR FORCE 

1 PASSENGER CARRYING VEHICLES .................................................................... 2,658 2,658 

4 ITEMS LESS THAN $5,000,000 (CARGO .............................................................. 32,824 32,824 

6 ITEMS LESS THAN $5,000,000 (SPECIA .............................................................. 110 110 

7 FIRE FIGHTING/CRASH RESCUE VEHICLES ................................................... 1,662 1,662 

8 ITEMS LESS THAT $5,000,000 .............................................................................. 772 772 

10 ITEMS LESS THAN $5M BASE MAINT/CONST .................................................. 13,983 13,983 

13 AIR FORCE PHYSICAL SECURITY ....................................................................... 500 500 

22 WEATHER OBSERVATION FORECAST ............................................................... 1,800 1,800 

25 TAC SIGNIT SPT ...................................................................................................... 7,020 7,020 

30 AIR FORCE PHYSICAL SECURITY SYSTEM ...................................................... 25,920 25,920 

49 TACTICAL C-E EQUIPMENT ................................................................................. 9,445 9,445 

55 NIGHT VISION GOGGLES ...................................................................................... 12,900 12,900 

59 CONTINGENCY OPERATIONS ............................................................................... 18,100 18,100 

61 MOBILITY EQUIPMENT ......................................................................................... 9,800 9,800 

62 ITEMS LESS THAN $5,000,000 (BASE S) ............................................................ 8,400 8,400 

65 DCGS-AF .................................................................................................................... 3,000 3,000 

68 DEFENSE SPACE RECONNAISSANCE PROG. ................................................... 64,400 64,400 

68A CLASSIFIED PROGRAMS ....................................................................................... 2,991,347 2,890,685 

Classified Adjustment .............................................................................................. [–100,662 ] 

TOTAL, OTHER PROCUREMENT, AIR FORCE ....................................... 3,204,641 3,103,979 

PROCUREMENT, DEFENSE-WIDE 

17 TELEPORT PROGRAM ............................................................................................ 3,307 3,307 

43 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ................................. 3,000 3,000 

46 MAJOR EQUIPMENT, INTELLIGENCE ............................................................... 8,300 8,300 

48A CLASSIFIED PROGRAMS ....................................................................................... 101,548 101,548 

50 MH–47 SERVICE LIFE EXTENSION PROGRAM ................................................ 40,500 0 

Combat Loss funded in FY11 ................................................................................. [–40,500 ] 

51 MH–60 MODERNIZATION PROGRAM .................................................................. 7,800 0 

Combat Loss funded in FY11 ................................................................................. [–7,800 ] 

52 NON-STANDARD AVIATION .................................................................................. 8,500 0 

NSAV-L Transfer to Base ....................................................................................... [–8,500 ] 

57 CV–22 MODIFICATION ............................................................................................ 15,000 0 

Combat Loss funded in FY11 ................................................................................. [–15,000 ] 

63 C–130 MODIFICATIONS .......................................................................................... 4,800 4,800 

67 ORDNANCE REPLENISHMENT ............................................................................ 71,659 71,659 

68 ORDNANCE ACQUISITION ..................................................................................... 25,400 25,400 

69 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .................................. 2,325 2,325 

70 INTELLIGENCE SYSTEMS .................................................................................... 43,558 36,758 

Funded by reprogramming ................................................................... [–6,800 ] 

71 SMALL ARMS AND WEAPONS .............................................................................. 6,488 6,488 

72 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............................... 2,601 2,601 

78 TACTICAL VEHICLES ............................................................................................. 15,818 15,818 

85 AUTOMATION SYSTEMS ........................................................................................ 13,387 13,387 

87 OPERATIONAL ENHANCEMENTS INTELLIGENCE ........................................ 5,800 4,800 

Funded by reprogramming ................................................................... [–1,000 ] 

88 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ........................................ 34,900 34,900 

89 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS ........................ 3,531 3,531 

90 TACTICAL RADIO SYSTEMS ................................................................................. 2,894 2,894 

93 MISCELLANEOUS EQUIPMENT ........................................................................... 7,220 7,220 

94 OPERATIONAL ENHANCEMENTS ....................................................................... 41,632 41,632 

TOTAL, PROCUREMENT, DEFENSE-WIDE .............................................. 469,968 390,368 

JOINT URGENT OPERATIONAL NEEDS FUND 

1 JOINT URGENT OPERATIONAL NEEDS FUND ............................................... 100,000 100,000 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND .................... 100,000 100,000 

MINE RESISTANT AMBUSH PROT VEH FUND 

1 MINE RESISTANT AMBUSH PROT VEH FUND ................................................ 3,195,170 3,195,170 
759 

†S 1867 ES

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

TOTAL, MINE RESISTANT AMBUSH PROT VEH FUND ..................... 3,195,170 3,195,170 

TOTAL, PROCUREMENT .................................................................................. 15,021,824 16,170,496 
760 

†S 1867 ES

TITLE XLII—RESEARCH, 

DEVELOPMENT, TEST, AND 

EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH, ARMY 

1 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH .................. 21,064 21,064 

2 0601102A DEFENSE RESEARCH SCIENCES ....................................................... 213,942 213,942 

3 0601103A UNIVERSITY RESEARCH INITIATIVES .............................................. 80,977 80,977 

4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS .................... 120,937 120,937 

TOTAL, BASIC RESEARCH, ARMY .............................................. 436,920 436,920 

APPLIED RESEARCH, ARMY 

5 0602105A MATERIALS TECHNOLOGY .................................................................. 30,258 30,258 

6 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ................................ 43,521 43,521 

7 0602122A TRACTOR HIP .......................................................................................... 14,230 14,230 

8 0602211A AVIATION TECHNOLOGY ...................................................................... 44,610 44,610 

9 0602270A ELECTRONIC WARFARE TECHNOLOGY ........................................... 15,790 15,790 

10 0602303A MISSILE TECHNOLOGY ......................................................................... 50,685 50,685 

11 0602307A ADVANCED WEAPONS TECHNOLOGY ............................................... 20,034 20,034 

12 0602308A ADVANCED CONCEPTS AND SIMULATION ...................................... 20,933 20,933 

13 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ................. 64,306 64,306 

14 0602618A BALLISTICS TECHNOLOGY .................................................................. 59,214 59,214 

15 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY.4,877 4,877 

16 0602623A JOINT SERVICE SMALL ARMS PROGRAM ......................................... 8,244 8,244 

17 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ..................................... 39,813 39,813 

18 0602705A ELECTRONICS AND ELECTRONIC DEVICES ................................... 62,962 62,962 

19 0602709A NIGHT VISION TECHNOLOGY .............................................................. 57,203 57,203 

20 0602712A COUNTERMINE SYSTEMS ..................................................................... 20,280 20,280 

21 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY .......................... 21,801 21,801 

22 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY .................................... 20,837 20,837 

23 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY .......... 26,116 26,116 

24 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ................................... 8,591 8,591 

25 0602784A MILITARY ENGINEERING TECHNOLOGY ......................................... 80,317 80,317 

26 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ..................... 18,946 18,946 

27 0602786A WARFIGHTER TECHNOLOGY .............................................................. 29,835 29,835 

28 0602787A MEDICAL TECHNOLOGY ....................................................................... 105,929 105,929 

TOTAL, APPLIED RESEARCH, ARMY ........................................ 869,332 869,332 

ADVANCED TECHNOLOGY DEVELOPMENT, ARMY 

29 0603001A WARFIGHTER ADVANCED TECHNOLOGY ........................................ 52,979 52,979 

30 0603002A MEDICAL ADVANCED TECHNOLOGY ................................................ 68,171 68,171 

31 0603003A AVIATION ADVANCED TECHNOLOGY ................................................ 62,193 62,193 

32 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY .............. 77,077 77,077 

33 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY.106,145 106,145 

34 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY.5,312 5,312 

35 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.10,298 10,298 

36 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY ..................... 57,963 53,963 

Program Decrease .................................................................................... [–4,000 ] 

37 0603009A TRACTOR HIKE ....................................................................................... 8,155 8,155 

38 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS .......... 17,936 17,936 

39 0603020A TRACTOR ROSE ....................................................................................... 12,597 12,597 

40 0603105A MILITARY HIV RESEARCH ................................................................... 6,796 6,796 

41 0603125A COMBATING TERRORISM, TECHNOLOGY DEVELOPMENT ......... 12,191 12,191 

42 0603130A TRACTOR NAIL ........................................................................................ 4,278 4,278 

43 0603131A TRACTOR EGGS ....................................................................................... 2,261 2,261 

44 0603270A ELECTRONIC WARFARE TECHNOLOGY ........................................... 23,677 23,677 

45 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ....................... 90,602 90,602 
761 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

46 0603322A TRACTOR CAGE ....................................................................................... 10,315 10,315 

47 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.183,150 183,150 

48 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY.31,541 31,541 

49 0603607A JOINT SERVICE SMALL ARMS PROGRAM ......................................... 7,686 7,686 

50 0603710A NIGHT VISION ADVANCED TECHNOLOGY ....................................... 42,414 42,414 

51 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS 15,959 15,959 

52 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY .................. 36,516 36,516 

53 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR 

TECHNOLOGY.

30,600 30,600 

TOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, 

ARMY.

976,812 972,812 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, ARMY 

54 0603024A UNIQUE ITEM IDENTIFICATION (UID) ............................................. 0 0 

55 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION(NON 

SPACE).

36,009 24,009 

Excess growth and delays ........................................................................ [–12,000 ] 

56 0603308A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION (SPACE) ..... 9,612 9,612 

57 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ............... 0 0 

58 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV .......................... 35,383 19,293 

Excess to Army requirement ................................................................... [–16,090 ] 

59 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV 9,501 5,265 

Projected and Generated Obscuration System unexecutable .................. [–4,236 ] 

60 0603639A TANK AND MEDIUM CALIBER AMMUNITION ................................. 39,693 39,693 

61 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ............................. 101,408 64,408 

Program growth adjustment .................................................................... [–37,000 ] 

62 0603747A SOLDIER SUPPORT AND SURVIVABILITY ....................................... 9,747 9,747 

63 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV .. 5,766 5,766 

64 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ................. 0 0 

65 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY .................................... 4,946 4,946 

66 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL .................... 297,955 182,955 

Program reduction Increment III ............................................................ [–115,000 ] 

67 0603790A NATO RESEARCH AND DEVELOPMENT ........................................... 4,765 4,765 

68 0603801A AVIATION—ADV DEV ............................................................................. 7,107 7,107 

69 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ................... 19,509 12,509 

Army requested transfer LAMPS to RDTE Army line 109 ................... [–7,000 ] 

70 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION 

AND ANALYSIS.

5,258 5,258 

71 0603807A MEDICAL SYSTEMS—ADV DEV ........................................................... 34,997 34,997 

72 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ........................ 19,598 19,598 

73 0603850A INTEGRATED BROADCAST SERVICE ................................................. 1,496 1,496 

74 0604115A TECHNOLOGY MATURATION INITIATIVES ...................................... 10,181 10,181 

75 0604131A TRACTOR JUTE ....................................................................................... 15,609 0 

Unjustified requirement ........................................................................... [–15,609 ] 

76 0604284A JOINT COOPERATIVE TARGET IDENTIFICATION—GROUND 

(JCTI-G) / TECHNOLOGY DEVELOPME.

41,652 0 

Army offered program reduction ............................................................. [–41,652 ] 

77 0305205A ENDURANCE UAVS ................................................................................. 42,892 42,892 

TOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES, ARMY.

753,084 504,497 

SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY 

78 0604201A AIRCRAFT AVIONICS .............................................................................. 144,687 119,187 

JTRS AMF delays and JPALS excessive growth ................................... [–25,500 ] 

79 0604220A ARMED, DEPLOYABLE HELOS ............................................................ 166,132 92,203 

Army offered program reduction ............................................................. [–73,929 ] 

80 0604270A ELECTRONIC WARFARE DEVELOPMENT ........................................ 101,265 26,872 

Army offered program reduction ............................................................. [–74,393 ] 

81 0604280A JOINT TACTICAL RADIO ....................................................................... 0 0 

82 0604321A ALL SOURCE ANALYSIS SYSTEM ....................................................... 17,412 7,412 

Machine—Foreign Language Translation System contract delay .......... [–10,000 ] 

83 0604328A TRACTOR CAGE ....................................................................................... 26,577 26,577 

84 0604601A INFANTRY SUPPORT WEAPONS ......................................................... 73,728 91,474 

Transfer at Army request from WTCV line 17 ....................................... [16,000 ] 

Transfer at Army request from WTCV line 20 ....................................... [1,700 ] 

Army requested transfer from WTCV Army line 17 ............................... [46 ] 

85 0604604A MEDIUM TACTICAL VEHICLES ........................................................... 3,961 3,961 

86 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-SDD ......... 0 0 

87 0604611A JAVELIN .................................................................................................... 17,340 9,940 

Excess to requirement ............................................................................. [–7,400 ] 

88 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ....................................... 5,478 5,478 

89 0604633A AIR TRAFFIC CONTROL ........................................................................ 22,922 22,922 

90 0604642A LIGHT TACTICAL WHEELED VEHICLES .......................................... 0 20,000 
762 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

Army requested transfer from RDTE line 109 ....................................... [20,000 ] 

91 0604646A NON-LINE OF SIGHT LAUNCH SYSTEM ........................................... 0 0 

92 0604660A FCS MANNED GRD VEHICLES & COMMON GRD VEHICLE .......... 0 0 

93 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT ................ 383,872 283,872 

Unjustified requirement ........................................................................... [–100,000 ] 

94 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS .................................... 0 0 

95 0604663A FCS UNMANNED GROUND VEHICLES .............................................. 143,840 26,840 

Program adjustment ................................................................................ [–117,000 ] 

96 0604664A FCS UNATTENDED GROUND SENSORS ............................................ 499 0 

Program termination ............................................................................... [–499 ] 

97 0604665A FCS SUSTAINMENT & TRAINING R&D ............................................... 0 0 

98 0604710A NIGHT VISION SYSTEMS—SDD ........................................................... 59,265 59,265 

99 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ....................... 2,075 2,075 

100 0604715A NON-SYSTEM TRAINING DEVICES—SDD ......................................... 30,021 30,021 

101 0604716A TERRAIN INFORMATION—SDD ........................................................... 1,596 1,596 

102 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE— 

SDD.

83,010 83,010 

103 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ........... 28,305 28,305 

104 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ........................... 14,375 14,375 

105 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—SDD .......... 15,803 15,803 

106 0604778A POSITIONING SYSTEMS DEVELOPMENT (SPACE) ......................... 0 0 

107 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ................... 22,226 22,226 

108 0604802A WEAPONS AND MUNITIONS—SDD ..................................................... 13,828 13,828 

109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—SDD ............................ 251,104 238,104 

Army requested transfer to RDTE Army line 90 ................................... [–20,000 ] 

Army request transfer from RDTE line 69 ............................................ [7,000 ] 

110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—SDD ....... 137,811 81,811 

Excessive growth Joint Battle Command-Platform ................................ [–56,000 ] 

111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—SDD.27,160 27,160 

112 0604808A LANDMINE WARFARE/BARRIER—SDD ............................................. 87,426 66,326 

Explosive Hazard Pre-Detonation (EHP) Roller contract delay ............ [–21,100 ] 

113 0604814A ARTILLERY MUNITIONS ....................................................................... 42,627 35,627 

Program growth adjustment .................................................................... [–7,000 ] 

114 0604817A COMBAT IDENTIFICATION ................................................................... 0 0 

115 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE.123,935 93,935 

Excessive Growth ..................................................................................... [–30,000 ] 

116 0604820A RADAR DEVELOPMENT ......................................................................... 2,890 2,890 

117 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ..... 794 794 

118 0604823A FIREFINDER ............................................................................................ 10,358 10,358 

119 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ........................................ 48,309 55,909 

Transfer at Army request from OPA line 147 ........................................ [7,600 ] 

120 0604854A ARTILLERY SYSTEMS ............................................................................ 120,146 120,146 

121 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP) ...... 406,605 0 

Program Decrease .................................................................................... [–406,605 ] 

122 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR NETWORK .. 7,398 7,398 

123 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .............................. 37,098 32,098 

Unjustified cost growth ............................................................................ [–5,000 ] 

124 0605018A ARMY INTEGRATED MILITARY HUMAN RESOURCES SYSTEM 

(A-IMHRS).

68,693 68,693 

125 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ......................................... 127,095 127,095 

126 0605455A SLAMRAAM ............................................................................................... 19,931 1,531 

Excess to program termination requrements .......................................... [–18,400 ] 

127 0605456A PAC–3/MSE MISSILE ............................................................................... 88,993 88,993 

128 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ........ 270,607 270,607 

129 0605625A MANNED GROUND VEHICLE ............................................................... 884,387 884,387 

130 0605626A AERIAL COMMON SENSOR ................................................................... 31,465 0 

Program termination 

131 0303032A TROJAN—RH12 ........................................................................................ 3,920 3,920 

132 0304270A ELECTRONIC WARFARE DEVELOPMENT ........................................ 13,819 13,819 

TOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, 

ARMY.

4,190,788 3,238,843 

RDT&E MANAGEMENT SUPPORT, ARMY 

133 0604256A THREAT SIMULATOR DEVELOPMENT .............................................. 16,992 16,992 

134 0604258A TARGET SYSTEMS DEVELOPMENT ................................................... 11,247 11,247 

135 0604759A MAJOR T&E INVESTMENT .................................................................... 49,437 49,437 

136 0605103A RAND ARROYO CENTER ........................................................................ 20,384 20,384 

137 0605301A ARMY KWAJALEIN ATOLL .................................................................... 145,606 145,606 

138 0605326A CONCEPTS EXPERIMENTATION PROGRAM ..................................... 28,800 28,800 

139 0605502A SMALL BUSINESS INNOVATIVE RESEARCH ................................... 0 0 

140 0605601A ARMY TEST RANGES AND FACILITIES ............................................. 262,456 312,456 

Program Increase ..................................................................................... [50,000 ] 

141 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS .. 70,227 70,227 

142 0605604A SURVIVABILITY/LETHALITY ANALYSIS ........................................... 43,483 43,483 

143 0605605A DOD HIGH ENERGY LASER TEST FACILITY ................................... 18 18 
763 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

144 0605606A AIRCRAFT CERTIFICATION .................................................................. 5,630 5,630 

145 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ................. 7,182 7,182 

146 0605706A MATERIEL SYSTEMS ANALYSIS ......................................................... 19,669 19,669 

147 0605709A EXPLOITATION OF FOREIGN ITEMS ................................................. 5,445 5,445 

148 0605712A SUPPORT OF OPERATIONAL TESTING ............................................. 68,786 68,786 

149 0605716A ARMY EVALUATION CENTER .............................................................. 63,302 63,302 

150 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ...... 3,420 3,420 

151 0605801A PROGRAMWIDE ACTIVITIES ................................................................ 83,054 83,054 

152 0605803A TECHNICAL INFORMATION ACTIVITIES .......................................... 63,872 63,872 

153 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY.57,142 57,142 

154 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT .... 4,961 4,961 

155 0605898A MANAGEMENT HQ—R&D ...................................................................... 17,558 17,558 

156 0909980A JUDGMENT FUND REIMBURSEMENT ............................................... 0 0 

157 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ........... 0 0 

TOTAL, RDT&E MANAGEMENT SUPPORT, ARMY ............... 1,048,671 1,098,671 

OPERATIONAL SYSTEMS DEVELOPMENT, ARMY 

158 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM .................................... 66,641 66,641 

159 0603820A WEAPONS CAPABILITY MODIFICATIONS UAV ................................ 24,142 7,500 

Excess funds only to the analysis of alternatives .................................... [–16,642 ] 

160 0102419A AEROSTAT JOINT PROJECT OFFICE ................................................. 344,655 327,855 

Excess program growth ........................................................................... [–16,800 ] 

161 0203347A INTELLIGENCE SUPPORT TO CYBER (ISC) MIP ............................ 0 0 

162 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ....................... 29,546 29,546 

163 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ............................. 53,307 53,307 

164 0203740A MANEUVER CONTROL SYSTEM .......................................................... 65,002 42,414 

Unjustified program growth .................................................................... [–22,588 ] 

165 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.163,205 149,705 

Excess funds to Black Hawk Recapitalization/Modernization for analysis of alternatives.[–13,500 ] 

166 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM .... 823 823 

167 0203758A DIGITIZATION .......................................................................................... 8,029 8,029 

168 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND BELOW 

(FBCB2).

0 0 

169 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ... 44,560 59,060 

Transfer at Army Request from MPA line 13 ........................................ [14,500 ] 

170 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ............. 0 0 

171 0203808A TRACTOR CARD ....................................................................................... 42,554 42,554 

172 0208053A JOINT TACTICAL GROUND SYSTEM .................................................. 27,630 27,630 

173 0208058A JOINT HIGH SPEED VESSEL (JHSV) ................................................. 3,044 3,044 

175 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .................................. 2,854 2,854 

176 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ............................. 61,220 58,720 

Army offered program reduction ............................................................. [–2,500 ] 

177 0303141A GLOBAL COMBAT SUPPORT SYSTEM ................................................ 100,505 160,745 

Army requested transfer for GCSS-Army from OPA line 116 ............... [47,240 ] 

Army requested transfer for AESIP from OPA line 116 ....................... [13,000 ] 

178 0303142A SATCOM GROUND ENVIRONMENT (SPACE) .................................... 12,104 12,104 

179 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ................ 23,937 23,937 

181 0305204A TACTICAL UNMANNED AERIAL VEHICLES ..................................... 40,650 26,550 

Contract award delays ............................................................................. [–14,100 ] 

182 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............... 44,198 31,699 

Unjustified requirements growth ............................................................. [–12,499 ] 

183 0305219A MQ–1 SKY WARRIOR A UAV .................................................................. 137,038 122,038 

Excessive growth ...................................................................................... [–15,000 ] 

184 0305232A RQ–11 UAV ................................................................................................ 1,938 1,938 

185 0305233A RQ–7 UAV .................................................................................................. 31,940 31,940 

186 0307207A AERIAL COMMON SENSOR (ACS) ........................................................ 0 0 

187 0307665A BIOMETRICS ENABLED INTELLIGENCE .......................................... 15,018 15,018 

188 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ................ 59,297 59,297 

999 9999999999 CLASSIFIED PROGRAMS ....................................................................... 4,536 4,536 

TOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, 

ARMY.

1,408,373 1,369,484 

TOTAL, RDT&E ARMY ....................................................................... 9,683,980 8,490,559 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH, NAVY 

1 0601103N UNIVERSITY RESEARCH INITIATIVES .............................................. 113,157 113,157 

2 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH .................. 18,092 18,092 

3 0601153N DEFENSE RESEARCH SCIENCES ....................................................... 446,123 446,123 

TOTAL, BASIC RESEARCH, NAVY ............................................... 577,372 577,372 
764 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

APPLIED RESEARCH, NAVY 

4 0602114N POWER PROJECTION APPLIED RESEARCH .................................... 104,804 64,804 

Program Decrease- Free Electron Laser ................................................. [–30,000 ] 

Program Decrease- Electromagnetic railgun ........................................... [–10,000 ] 

5 0602123N FORCE PROTECTION APPLIED RESEARCH ..................................... 156,901 156,901 

6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .......................... 44,845 44,845 

7 0602234N MATERIALS, ELECTRONICS AND COMPUTER TECHNOLOGY .... 0 0 

8 0602235N COMMON PICTURE APPLIED RESEARCH ......................................... 65,448 65,448 

9 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH .................... 101,205 101,205 

10 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH .................. 108,329 108,329 

11 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ... 50,076 50,076 

12 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ................. 5,937 5,937 

13 0602747N UNDERSEA WARFARE APPLIED RESEARCH .................................. 108,666 108,666 

14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH .. 37,583 37,583 

TOTAL, APPLIED RESEARCH, NAVY ......................................... 783,794 743,794 

ADVANCED TECHNOLOGY DEVELOPMENT 

15 0603114N POWER PROJECTION ADVANCED TECHNOLOGY .......................... 114,270 59,370 

Program Decrease- Electromagnetic railgun ........................................... [–16,900 ] 

Underexecution—Navy recommendation ................................................. [–38,000 ] 

16 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ........................... 64,057 45,234 

Transfer MRMUAS to line 220 ............................................................... [–18,823 ] 

17 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ............................... 49,068 49,068 

18 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY .......... 71,232 71,232 

19 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ........ 102,535 102,535 

20 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ........ 124,324 124,324 

21 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 11,286 11,286 

22 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ............. 18,119 18,119 

23 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ........................ 37,121 37,121 

24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 50,157 50,157 

25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.6,048 6,048 

TOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, 

NAVY.

648,217 574,494 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY 

26 0603207N AIR/OCEAN TACTICAL APPLICATIONS .............................................. 94,972 73,672 

JMAPS unjustified request ..................................................................... [–21,300 ] 

27 0603216N AVIATION SURVIVABILITY ................................................................... 10,893 10,893 

28 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ........................... 3,702 3,702 

29 0603251N AIRCRAFT SYSTEMS .............................................................................. 10,497 10,497 

30 0603254N ASW SYSTEMS DEVELOPMENT ........................................................... 7,915 7,915 

31 0603261N TACTICAL AIRBORNE RECONNAISSANCE ........................................ 5,978 5,978 

32 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ............................... 1,418 1,418 

33 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 142,657 142,657 

34 0603506N SURFACE SHIP TORPEDO DEFENSE ................................................ 118,764 118,764 

35 0603512N CARRIER SYSTEMS DEVELOPMENT .................................................. 54,072 54,072 

36 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT .................... 0 0 

37 0603525N PILOT FISH .............................................................................................. 96,012 96,012 

38 0603527N RETRACT LARCH .................................................................................... 73,421 73,421 

39 0603536N RETRACT JUNIPER ................................................................................ 130,267 130,267 

40 0603542N RADIOLOGICAL CONTROL .................................................................... 1,338 1,338 

41 0603553N SURFACE ASW ......................................................................................... 29,797 29,797 

42 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ....................... 856,326 856,326 

43 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .................................. 9,253 9,253 

44 0603563N SHIP CONCEPT ADVANCED DESIGN ................................................. 14,308 14,308 

45 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ............... 22,213 22,213 

46 0603570N ADVANCED NUCLEAR POWER SYSTEMS ......................................... 463,683 463,683 

47 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ................................ 18,249 18,249 

48 0603576N CHALK EAGLE ......................................................................................... 584,159 584,159

49 0603581N LITTORAL COMBAT SHIP (LCS) .......................................................... 286,784 282,784 

Defer development of Irregular Warfare mission package ...................... [–4,000 ] 

50 0603582N COMBAT SYSTEM INTEGRATION ........................................................ 34,157 34,157 

51 0603609N CONVENTIONAL MUNITIONS .............................................................. 4,753 4,753 

52 0603611M MARINE CORPS ASSAULT VEHICLES ................................................ 12,000 12,000 

53 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ................ 79,858 79,858 

54 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .......... 33,654 33,654 

55 0603658N COOPERATIVE ENGAGEMENT ............................................................. 54,783 54,783 

56 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ............... 9,996 9,996 

57 0603721N ENVIRONMENTAL PROTECTION ........................................................ 21,714 21,714 

58 0603724N NAVY ENERGY PROGRAM ..................................................................... 70,538 70,538 

59 0603725N FACILITIES IMPROVEMENT ................................................................ 3,754 3,754 

60 0603734N CHALK CORAL ......................................................................................... 79,415 79,415 

61 0603739N NAVY LOGISTIC PRODUCTIVITY ......................................................... 4,137 4,137 
765 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

62 0603746N RETRACT MAPLE .................................................................................... 276,383 276,383 

63 0603748N LINK PLUMERIA ..................................................................................... 52,721 52,721 

64 0603751N RETRACT ELM ......................................................................................... 160,964 160,964

65 0603755N SHIP SELF DEFENSE ............................................................................ 0 0 

66 0603764N LINK EVERGREEN .................................................................................. 144,985 144,985 

67 0603787N SPECIAL PROCESSES ............................................................................. 43,704 43,704 

68 0603790N NATO RESEARCH AND DEVELOPMENT ........................................... 9,140 9,140 

69 0603795N LAND ATTACK TECHNOLOGY ............................................................. 421 421 

70 0603851M NONLETHAL WEAPONS ........................................................................ 40,992 40,992 

71 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS ............. 121,455 121,455 

72 0603879N SINGLE INTEGRATED AIR PICTURE (SIAP) SYSTEM ENGINEER (SE).0 0 

73 0603889N COUNTERDRUG RDT&E PROJECTS ................................................... 0 0 

74 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ............ 0 0 

75 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES 

(TADIRCM).

64,107 64,107 

76 0604279N ASE SELF-PROTECTION OPTIMIZATION .......................................... 711 711 

77 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC 

WARFARE (JCREW).

62,044 62,044 

78 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ......... 22,665 4,450 

FMU–164 fuze program termination ...................................................... [–18,215 ] 

79 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ 

ENGINEERING SUPPORT.

33,621 33,621 

80 0303354N ASW SYSTEMS DEVELOPMENT—MIP ................................................ 1,078 1,078 

81 0303562N SUBMARINE TACTICAL WARFARE SYSTEMS—MIP ....................... 0 0 

82 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ............................. 625 625 

TOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES, NAVY.

4,481,053 4,437,538 

SYSTEM DEVELOPMENT & DEMONSTRATION, NAVY 

83 0604212N OTHER HELO DEVELOPMENT ............................................................ 35,651 42,651 

Navy requested transfer from line 98 for VH–3/VH–60 sustainment .... [7,000 ] 

84 0604214N AV–8B AIRCRAFT—ENG DEV ............................................................... 30,676 30,676 

85 0604215N STANDARDS DEVELOPMENT .............................................................. 51,191 51,191 

86 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ......... 17,673 17,673 

87 0604218N AIR/OCEAN EQUIPMENT ENGINEERING .......................................... 5,922 5,922 

88 0604221N P–3 MODERNIZATION PROGRAM ........................................................ 3,417 3,417 

89 0604230N WARFARE SUPPORT SYSTEM .............................................................. 9,944 9,944 

90 0604231N TACTICAL COMMAND SYSTEM ............................................................ 81,257 77,257 

NTCSS--reduce program growth ............................................................. [–4,000 ] 

91 0604234N ADVANCED HAWKEYE ........................................................................... 110,994 110,994 

92 0604245N H–1 UPGRADES ........................................................................................ 72,569 72,569 

93 0604261N ACOUSTIC SEARCH SENSORS .............................................................. 56,509 56,509 

94 0604262N V–22A .......................................................................................................... 84,477 84,477 

95 0604264N AIR CREW SYSTEMS DEVELOPMENT ................................................ 3,249 3,249 

96 0604269N EA–18 .......................................................................................................... 17,100 17,100 

97 0604270N ELECTRONIC WARFARE DEVELOPMENT ........................................ 89,418 89,418 

98 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ................................... 180,070 60,770 

Navy requested transfer to line 83 .......................................................... [–7,000 ] 

Navy requested transfer to APN line 47 ................................................. [–24,000 ] 

Navy requested transfer to APN line 62 ................................................. [–12,000 ] 

Early to need ........................................................................................... [–76,300 ] 

99 0604274N NEXT GENERATION JAMMER (NGJ) ................................................. 189,919 154,919 

Technology Development late contract award ......................................... [–35,000 ] 

100 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ............... 688,146 568,146 

Unjustified request: HMS capability enhancements ................................ [–120,000 ] 

101 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING .......... 223,283 223,283 

102 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .......................................... 884 884 

103 0604329N SMALL DIAMETER BOMB (SDB) ......................................................... 47,635 29,635 

Defer Integration on Joint Strike Fighter .............................................. [–18,000 ] 

104 0604366N STANDARD MISSILE IMPROVEMENTS .............................................. 46,705 46,705 

105 0604373N AIRBORNE MCM ...................................................................................... 41,142 41,142 

106 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING.24,898 24,898 

107 0604404N FUTURE UNMANNED CARRIER-BASED STRIKE SYSTEM ........... 121,150 51,150 

Delay to Technology Development contract award ................................. [–70,000 ] 

108 0604501N ADVANCED ABOVE WATER SENSORS ............................................... 227,358 227,358 

109 0604503N SSN–688 AND TRIDENT MODERNIZATION ....................................... 100,591 95,671 

TB–33 program cancellation ................................................................... [–4,920 ] 

110 0604504N AIR CONTROL .......................................................................................... 5,521 5,521 

111 0604512N SHIPBOARD AVIATION SYSTEMS ....................................................... 45,445 45,445 

112 0604518N COMBAT INFORMATION CENTER CONVERSION ............................ 3,400 3,400 

113 0604558N NEW DESIGN SSN ................................................................................... 97,235 97,235 

114 0604562N SUBMARINE TACTICAL WARFARE SYSTEM .................................... 48,466 48,466 

115 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ...................................... 161,099 98,099 

Ship-to-Shore Connector--contract award delay ...................................... [–63,000 ] 

116 0604574N NAVY TACTICAL COMPUTER RESOURCES ....................................... 3,848 3,848 
766 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

117 0604601N MINE DEVELOPMENT ............................................................................ 3,933 3,933 

118 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ...................................... 32,592 32,592 

119 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .......... 9,960 9,960 

120 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 12,992 12,992 

121 0604727N JOINT STANDOFF WEAPON SYSTEMS .............................................. 7,506 7,506 

122 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ................................. 71,222 71,222 

123 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ................................ 6,631 6,631 

124 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) .......................... 184,095 184,095 

125 0604761N INTELLIGENCE ENGINEERING .......................................................... 2,217 2,217 

126 0604771N MEDICAL DEVELOPMENT .................................................................... 12,984 12,984 

127 0604777N NAVIGATION/ID SYSTEM ....................................................................... 50,178 50,178 

128 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ............................................... 670,723 651,786 

Block IV development ahead of need ....................................................... [–18,937 ] 

129 0604800N JOINT STRIKE FIGHTER (JSF) ........................................................... 677,486 658,549 

Block IV development ahead of need ....................................................... [–18,937 ] 

130 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .............................. 27,461 19,461 

Prgram underexecution ............................................................................ [–8,000 ] 

131 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .............................. 58,764 29,764 

Reduction to fourth quarter contract awards .......................................... [–29,000 ] 

132 0605018N NAVY INTEGRATED MILITARY HUMAN RESOURCES SYSTEM 

(N-IMHRS).

55,050 55,050 

133 0605212N CH–53K RDTE ........................................................................................... 629,461 629,461 

134 0605430N C/KC–130 AVIONICS MODERNIZATION PROGRAM (AMP) .............. 0 0 

135 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ......................................... 118,395 118,395 

136 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ................................ 622,713 608,713 

Increment 3–-development ahead of need ................................................ [–14,000 ] 

137 0204201N CG(X) .......................................................................................................... 0 0

138 0204202N DDG–1000 ................................................................................................... 261,604 261,604 

139 0304231N TACTICAL COMMAND SYSTEM—MIP ................................................. 979 979 

140 0304503N SSN–688 AND TRIDENT MODERNIZATION—MIP ............................ 0 0 

141 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .................................................. 31,740 31,740 

TOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, 

NAVY.

6,475,528 5,959,434 

RDT&E MANAGEMENT SUPPORT, NAVY 

142 0604256N THREAT SIMULATOR DEVELOPMENT .............................................. 28,318 28,318 

143 0604258N TARGET SYSTEMS DEVELOPMENT ................................................... 44,700 44,700 

144 0604759N MAJOR T&E INVESTMENT .................................................................... 37,957 37,957 

145 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION 2,970 2,970 

146 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY .................................... 23,454 17,454 

Reduction to growth ................................................................................ [–6,000 ] 

147 0605154N CENTER FOR NAVAL ANALYSES ........................................................ 47,127 47,127 

148 0605502N SMALL BUSINESS INNOVATIVE RESEARCH ................................... 10 10 

149 0605804N TECHNICAL INFORMATION SERVICES ............................................. 571 571 

150 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ....... 68,301 58,301 

OASUW--defer new start ......................................................................... [–10,000 ] 

151 0605856N STRATEGIC TECHNICAL SUPPORT .................................................... 3,277 3,277 

152 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ................... 73,917 73,917 

153 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ............................................ 136,531 136,531 

154 0605864N TEST AND EVALUATION SUPPORT ................................................... 335,367 335,367 

155 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ................. 16,634 16,634 

156 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ..... 4,228 4,228 

157 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ..................... 7,642 7,642 

158 0605873M MARINE CORPS PROGRAM WIDE SUPPORT .................................... 25,655 25,655 

159 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES .............................................. 2,764 2,764 

160 0804758N SERVICE SUPPORT TO JFCOM, JNTC ................................................ 0 0 

161 0909980N JUDGMENT FUND REIMBURSEMENT ............................................... 0 0 

162 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ........... 0 0 

TOTAL, RDT&E MANAGEMENT SUPPORT, NAVY ............... 859,423 843,423 

OPERATIONAL SYSTEMS DEVELOPMENT, NAVY 

164 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT.198,298 198,298 

165 0604717M MARINE CORPS COMBAT SERVICES SUPPORT ............................... 400 400 

166 0604766M MARINE CORPS DATA SYSTEMS ......................................................... 1,650 1,650 

167 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .......................... 88,873 88,873 

168 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ...................................... 33,553 33,553 

169 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...................... 6,360 6,360 

170 0101402N NAVY STRATEGIC COMMUNICATIONS .............................................. 23,208 23,208 

171 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ........................................ 30,021 30,021 

172 0204136N F/A–18 SQUADRONS ................................................................................ 151,030 151,030 

173 0204152N E–2 SQUADRONS ..................................................................................... 6,696 6,696 

174 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ................................. 1,739 1,739 

175 0204228N SURFACE SUPPORT ................................................................................ 3,377 3,377 

176 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER 

(TMPC).

8,819 8,819 
767 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

177 0204311N INTEGRATED SURVEILLANCE SYSTEM ........................................... 21,259 21,259 

178 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT 

CRAFT).

5,214 5,214 

179 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ................ 42,244 42,244 

180 0204574N CRYPTOLOGIC DIRECT SUPPORT ...................................................... 1,447 1,447 

181 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT .................. 18,142 18,142 

182 0205601N HARM IMPROVEMENT ........................................................................... 11,147 11,147 

183 0205604N TACTICAL DATA LINKS ......................................................................... 69,224 69,224 

184 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ........................... 22,010 22,010 

185 0205632N MK–48 ADCAP ........................................................................................... 39,288 39,288 

186 0205633N AVIATION IMPROVEMENTS .................................................................. 123,012 123,012 

187 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ........................................... 1,957 1,957 

188 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ................................... 82,705 82,705 

189 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ................................ 320,864 320,864 

190 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.209,396 184,396 

Amphibious Combat Vehicle (non-add) ................................................... [ ] 

Excess funds for Marine Personnel Carrier & AAV Upgrade ................. [–25,000 ] 

191 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ............................... 45,172 45,172 

192 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 14,101 14,101 

193 0207161N TACTICAL AIM MISSILES ...................................................................... 8,765 8,765 

194 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ... 2,913 2,913 

195 0208058N JOINT HIGH SPEED VESSEL (JHSV) ................................................. 4,108 4,108 

200 0303109N SATELLITE COMMUNICATIONS (SPACE) .......................................... 263,712 263,712 

201 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES).

12,906 24,906 

Transfer from CANES (OPN 68) per USN request .............................. [12,000 ] 

202 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ............................. 25,229 25,229 

203 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ................ 1,250 1,250 

204 0303238N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES)—MIP.

6,602 6,602 

206 0305149N COBRA JUDY ............................................................................................ 40,605 40,605 

207 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE 

(METOC).

904 904 

208 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ............ 4,099 4,099 

209 0305204N TACTICAL UNMANNED AERIAL VEHICLES ..................................... 9,353 9,353 

210 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ......................................... 0 0 

211 0305207N MANNED RECONNAISSANCE SYSTEMS ............................................ 0 0 

212 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............... 23,785 23,785 

213 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............... 25,487 25,487 

214 0305220N RQ–4 UAV .................................................................................................. 548,482 548,482 

215 0305231N MQ–8 UAV .................................................................................................. 108,248 3,648 

ECP for SOCOM urgent needs statement--transfer to Title XV ............ [–104,600 ] 

216 0305232M RQ–11 UAV ................................................................................................ 979 979 

217 0305233N RQ–7 UAV .................................................................................................. 872 872 

218 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................. 0 0 

219 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................. 22,698 22,698 

220 0305237N MEDIUM RANGE MARITIME UAS ........................................................ 15,000 33,823 

Transfer from line 16 .............................................................................. [18,823 ] 

221 0305239M RQ–21A ....................................................................................................... 26,301 21,301 

Program delays ........................................................................................ [–5,000 ] 

222 0307217N EP–3E REPLACEMENT (EPX) .............................................................. 0 0 

223 0308601N MODELING AND SIMULATION SUPPORT ......................................... 8,292 8,292 

224 0702207N DEPOT MAINTENANCE (NON-IF) ........................................................ 21,609 21,609 

225 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM ...................... 0 0 

226 0708011N INDUSTRIAL PREPAREDNESS ............................................................ 54,031 54,031 

227 0708730N MARITIME TECHNOLOGY (MARITECH) ............................................ 5,000 5,000 

227A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 1,308,608 1,306,945 

Classified Adjustment .............................................................................. [–1,663 ] 

TOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, 

NAVY.

4,131,044 4,025,604 

TOTAL, RDT&E NAVY ........................................................................ 17,956,431 17,161,659 

RESEARCH, DEVELOPMENT, TEST & EVAL, AIR FORCE 

BASIC RESEARCH, AIR FORCE 

1 0601102F DEFENSE RESEARCH SCIENCES ....................................................... 364,328 364,328 

2 0601103F UNIVERSITY RESEARCH INITIATIVES .............................................. 140,273 140,273 

3 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ............................ 14,258 14,258 

TOTAL, BASIC RESEARCH, AIR FORCE ................................... 518,859 518,859 

APPLIED RESEARCH, AIR FORCE 

4 0602102F MATERIALS .............................................................................................. 136,230 136,230 

5 0602201F AEROSPACE VEHICLE TECHNOLOGIES ........................................... 147,628 147,628 
768 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

6 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ............................ 86,663 86,663 

7 0602203F AEROSPACE PROPULSION .................................................................... 207,508 207,508 

8 0602204F AEROSPACE SENSORS ........................................................................... 134,787 134,787 

9 0602601F SPACE TECHNOLOGY ............................................................................ 115,285 115,285 

10 0602602F CONVENTIONAL MUNITIONS .............................................................. 60,692 60,692 

11 0602605F DIRECTED ENERGY TECHNOLOGY ................................................... 111,156 111,156 

12 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ................ 127,866 127,866 

13 0602890F HIGH ENERGY LASER RESEARCH ..................................................... 54,059 54,059 

TOTAL, APPLIED RESEARCH, AIR FORCE ............................. 1,181,874 1,181,874 

ADVANCED TECHNOLOGY DEVELOPMENT, AIR FORCE 

14 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS .......................... 39,738 49,738 

Program Increase- Metals Affordability Initiative .................................. [10,000 ] 

15 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...................... 5,780 5,780 

16 0603203F ADVANCED AEROSPACE SENSORS .................................................... 53,075 53,075 

17 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ............................................ 67,474 67,474 

18 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ............... 120,953 120,953 

19 0603270F ELECTRONIC COMBAT TECHNOLOGY .............................................. 22,268 22,268 

20 0603401F ADVANCED SPACECRAFT TECHNOLOGY ......................................... 74,636 74,636 

21 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ............................... 13,555 13,555 

22 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.25,319 25,319 

23 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ...................................... 54,042 34,042 

Program Decrease- Unjustified growth ................................................... [–20,000 ] 

24 0603605F ADVANCED WEAPONS TECHNOLOGY ............................................... 28,683 28,683 

25 0603680F MANUFACTURING TECHNOLOGY PROGRAM .................................. 40,103 40,103 

26 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.38,656 38,656 

27 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM .... 1,122 1,122 

TOTAL ADVANCED TECHNOLOGY DEVELOPMENT, AIR 

FORCE.

585,404 575,404 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, AIR FORCE 

28 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ................................. 4,013 4,013 

29 0603287F PHYSICAL SECURITY EQUIPMENT .................................................... 3,586 3,586 

30 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL 

SEGMENT.

0 0 

31 0603430F ADVANCED EHF MILSATCOM (SPACE) ............................................. 421,687 421,687 

32 0603432F POLAR MILSATCOM (SPACE) ............................................................... 122,991 122,991 

33 0603438F SPACE CONTROL TECHNOLOGY ......................................................... 45,755 45,755 

34 0603742F COMBAT IDENTIFICATION TECHNOLOGY ....................................... 38,496 38,496 

35 0603790F NATO RESEARCH AND DEVELOPMENT ........................................... 4,424 4,424 

36 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ................................. 642 642 

37 0603830F SPACE PROTECTION PROGRAM (SPP) ............................................... 9,819 9,819 

38 0603850F INTEGRATED BROADCAST SERVICE ................................................. 20,046 20,046 

39 0603851F INTERCONTINENTAL BALLISTIC MISSILE ..................................... 67,202 72,202 

Program Increase ..................................................................................... [20,000 ] 

ICBM ....................................................................................................... [–15,000 ] 

40 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ............................... 12,804 12,804 

41 0603859F POLLUTION PREVENTION ................................................................... 2,075 2,075 

42 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS ............. 20,112 20,112 

43 0604015F NEXT GENERATION BOMBER ............................................................. 197,023 197,023 

44 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT ................ 60,250 31,250 

3DELRR Contract Delays ....................................................................... [–29,000 ] 

45 0604317F TECHNOLOGY TRANSFER .................................................................... 2,553 2,553 

46 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM.

38,248 38,248 

47 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ............................... 29,759 29,759 

48 0604337F REQUIREMENTS ANALYSIS AND MATURATION ............................ 24,217 24,217 

49 0604436F NEXT-GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT.0 0 

50 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT .................... 24,467 24,467 

51 0604796F ALTERNATIVE FUELS ........................................................................... 0 0 

52 0604830F AUTOMATED AIR-TO-AIR REFUELING .............................................. 0 0 

53 0604857F OPERATIONALLY RESPONSIVE SPACE ............................................. 86,543 86,543 

54 0604858F TECH TRANSITION PROGRAM ............................................................. 2,773 2,773 

55 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS).444,900 444,900 

TOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES, AIR FORCE.

1,684,385 1,660,385 

SYSTEM DEVELOPMENT & DEMONSTRATION, AIR 

FORCE 

56 0603840F GLOBAL BROADCAST SERVICE (GBS) ............................................... 5,680 5,680 
769 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

57 0604222F NUCLEAR WEAPONS SUPPORT ........................................................... 18,538 18,538 

58 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING .................. 21,780 21,780 

59 0604270F ELECTRONIC WARFARE DEVELOPMENT ........................................ 26,880 16,880 

MALD-J Increment 2–-Technology Development Contract Delay ......... [–10,000 ] 

60 0604280F JOINT TACTICAL RADIO ....................................................................... 0 0 

61 0604281F TACTICAL DATA NETWORKS ENTERPRISE .................................... 52,355 48,105 

STRATCOM DNC2 Contract Delays ...................................................... [–3,000 ] 

CLIP--Contract Delays ............................................................................ [–1,250 ] 

62 0604287F PHYSICAL SECURITY EQUIPMENT .................................................... 51 51 

63 0604329F SMALL DIAMETER BOMB (SDB) ......................................................... 132,891 132,891 

64 0604421F COUNTERSPACE SYSTEMS ................................................................... 31,913 31,913 

65 0604425F SPACE SITUATION AWARENESS SYSTEMS ...................................... 273,689 273,689 

Space Surveillance Telescope military utility assessment ....................... [6,000 ] 

Space Surveillance Telescope ................................................................... [–6,000 ] 

66 0604429F AIRBORNE ELECTRONIC ATTACK ..................................................... 47,100 39,000 

Electronic Attack Pod--Delayed Start ..................................................... [–3,500 ] 

AEA SoS--Contract Delays ...................................................................... [–4,600 ] 

67 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ............... 621,629 621,629 

Data explotation ...................................................................................... [15,000 ] 

SABRS integration on SV 5 and 6 ......................................................... [20,000 ] 

SSABRS integration on SV 5 and 6 ....................................................... [–20,000 ] 

Data exploitation ..................................................................................... [–15,000 ] 

68 0604443F THIRD GENERATION INFRARED SURVEILLANCE (3GIRS) ......... 0 0 

69 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ......................................... 10,055 6,055 

Universal Armament Interface Contract Delay ....................................... [–4,000 ] 

70 0604604F SUBMUNITIONS ....................................................................................... 2,427 2,427 

71 0604617F AGILE COMBAT SUPPORT .................................................................... 11,878 3,920 

BEAR--Ahead of Need ............................................................................ [–3,900 ] 

Airfield Damage Repair--Ahead of Need ................................................. [–4,058 ] 

72 0604618F JOINT DIRECT ATTACK MUNITION ................................................... 0 0 

73 0604706F LIFE SUPPORT SYSTEMS ..................................................................... 11,280 9,280 

Integrated Aircrew Ensemble--Contract Award Delays .......................... [–2,000 ] 

74 0604735F COMBAT TRAINING RANGES ............................................................... 28,106 8,106 

Joint Threat Emitter Increment 2–-Rephased Program ........................ [–12,000 ] 

Air Combat Training Systems (P5) Upgrades--Contract Deleay ............ [–8,000 ] 

75 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A) .... 10 10 

76 0604750F INTELLIGENCE EQUIPMENT .............................................................. 995 995 

77 0604800F JOINT STRIKE FIGHTER (JSF) ........................................................... 1,387,926 1,387,926 

78 0604851F INTERCONTINENTAL BALLISTIC MISSILE ..................................... 158,477 158,477 

79 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM 

(SPACE).

20,028 20,028 

80 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT .................. 877,084 742,084 

Align funding to signed KC–46A contract .............................................. [–127,100 ] 

Excess to Requirement ............................................................................ [–7,900 ] 

81 0605229F CSAR HH–60 RECAPITALIZATION ...................................................... 94,113 11,000 

Transfer to HC–130 modifications (APAF 75) per USAF request ....... [–10,400 ] 

Transfer to HH–60 modifications (APAF 73) per USAF request ......... [–54,600 ] 

Program reduction to reflect new acquisition strategy ........................... [–18,113 ] 

82 0605277F CSAR-X RDT&E ......................................................................................... 0 0 

83 0605278F HC/MC–130 RECAP RDT&E .................................................................... 27,071 22,071 

Contract Savings ...................................................................................... [–5,000 ] 

84 0605452F JOINT SIAP EXECUTIVE PROGRAM OFFICE ................................... 0 0 

85 0101125F NUCLEAR WEAPONS MODERNIZATION ............................................ 93,867 93,867 

86 0207100F LIGHT ATTACK ARMED RECONNAISSANCE (LAAR) SQUADRONS.23,721 23,721 

87 0207451F SINGLE INTEGRATED AIR PICTURE (SIAP) .................................... 0 0 

88 0207701F FULL COMBAT MISSION TRAINING ................................................... 39,826 25,826 

Block 40/50 Mission Training Center--Excess to need ........................... [–14,000 ] 

89 0401138F JOINT CARGO AIRCRAFT (JCA) ........................................................... 27,089 27,089 

90 0401318F CV–22 .......................................................................................................... 20,723 10,723 

Contract Delay ......................................................................................... [–10,000 ] 

91 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) .......................................... 12,535 0 

Program Termination .............................................................................. [–12,535 ] 

TOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, 

AIR FORCE.

4,079,717 3,763,761 

RDT&E MANAGEMENT SUPPORT, AIR FORCE 

92 0604256F THREAT SIMULATOR DEVELOPMENT .............................................. 22,420 22,420 

93 0604759F MAJOR T&E INVESTMENT .................................................................... 62,206 62,206 

94 0605101F RAND PROJECT AIR FORCE ................................................................. 27,579 27,579 

95 0605502F SMALL BUSINESS INNOVATION RESEARCH ................................... 0 0 

96 0605712F INITIAL OPERATIONAL TEST & EVALUATION ............................... 17,767 17,767 

97 0605807F TEST AND EVALUATION SUPPORT ................................................... 654,475 704,475 

Program Increase ..................................................................................... [50,000 ] 

98 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ............................ 158,096 158,096 

99 0605864F SPACE TEST PROGRAM (STP) .............................................................. 47,926 47,926 
770 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

100 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND 

EVALUATION SUPPORT.

44,547 44,547 

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.27,953 27,953 

102 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE ............... 13,953 13,953 

103 0702806F ACQUISITION AND MANAGEMENT SUPPORT ................................. 31,966 31,966 

104 0804731F GENERAL SKILL TRAINING ................................................................. 1,510 1,510 

105 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ........... 0 0 

106 1001004F INTERNATIONAL ACTIVITIES ............................................................. 3,798 3,798 

TOTAL, RDT&E MANAGEMENT SUPPORT, AIR FORCE ... 1,114,196 1,164,196 

OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE 

107 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL 

SEGMENT.

390,889 366,889 

Slow execution .......................................................................................... [–24,000 ] 

108 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ........................... 5,365 5,365 

109 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ..... 91,866 91,866 

110 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ..................... 35,467 35,467 

112 0101113F B–52 SQUADRONS ................................................................................... 133,261 133,261 

113 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ....................................... 803 803 

114 0101126F B–1B SQUADRONS ................................................................................... 33,011 33,011 

115 0101127F B–2 SQUADRONS ..................................................................................... 340,819 226,836 

Delay in EHF communications development due to FAB-T delay ......... [–113,983 ] 

116 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM .......................... 23,072 23,072 

117 0101314F NIGHT FIST—USSTRATCOM ................................................................ 5,421 5,421 

119 0102325F ATMOSPHERIC EARLY WARNING SYSTEM ...................................... 4,485 4,485 

120 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.12,672 12,672 

121 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES 14 14 

122 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID 

TRANSITION FUND.

19,934 19,934 

123 0205219F MQ–9 UAV .................................................................................................. 146,824 126,824 

Contract Delays ....................................................................................... [–20,000 ] 

124 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT .......... 0 0 

125 0207131F A–10 SQUADRONS ................................................................................... 11,051 11,051 

126 0207133F F–16 SQUADRONS ................................................................................... 143,869 131,069 

SLEP Contract Delay .............................................................................. [–12,800 ] 

127 0207134F F–15E SQUADRONS ................................................................................. 207,531 194,831 

ADCP--Excess to Requirement ................................................................ [–12,700 ] 

128 0207136F MANNED DESTRUCTIVE SUPPRESSION ........................................... 13,253 13,253 

129 0207138F F–22A SQUADRONS ................................................................................. 718,432 511,432 

Provide funds that Air Force can execute in FY12 ................................ [–140,000 ] 

Program Growth ...................................................................................... [–67,000 ] 

130 0207142F F–35 SQUADRONS ................................................................................... 47,841 0 

Block IV Development--Ahead of need .................................................... [–47,841 ] 

131 0207161F TACTICAL AIM MISSILES ...................................................................... 8,023 8,023 

132 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ... 77,830 77,830 

133 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) ................ 1,436 1,436 

134 0207224F COMBAT RESCUE AND RECOVERY .................................................... 2,292 2,292 

135 0207227F COMBAT RESCUE—PARARESCUE ...................................................... 927 927 

136 0207247F AF TENCAP ............................................................................................... 20,727 20,727 

137 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ............................. 3,128 3,128 

138 0207253F COMPASS CALL ........................................................................................ 18,509 18,509 

139 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM .... 182,967 172,967 

Excess to Requirement ............................................................................ [–10,000 ] 

140 0207277F ISR INNOVATIONS .................................................................................. 0 0 

141 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ................ 5,796 5,796 

142 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ...................................... 121,880 121,880 

143 0207412F CONTROL AND REPORTING CENTER (CRC) .................................... 3,954 3,954 

144 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ............. 135,961 91,961 

NGIFF--Contract Delays ......................................................................... [–20,000 ] 

DRAGON--Contract Delays ..................................................................... [–24,000 ] 

145 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ..................................... 8,309 8,309 

146 0207423F ADVANCED COMMUNICATIONS SYSTEMS ........................................ 90,083 44,883 

JTRS Integration and Engineering Support--Schedule Delays .............. [–5,200 ] 

Common Processing Environment--Schedule Delays ............................... [–40,000 ] 

148 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...................... 5,428 5,428 

149 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ................................ 15,528 15,528 

150 0207444F TACTICAL AIR CONTROL PARTY-MOD .............................................. 15,978 9,678 

VCS--Program Termination and Restructure ......................................... [–4,300 ] 

JETS Contract Delays ............................................................................ [–2,000 ] 

151 0207445F FIGHTER TACTICAL DATA LINK ........................................................ 0 0 

152 0207448F C2ISR TACTICAL DATA LINK ............................................................... 1,536 1,536 

153 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ......................... 18,102 18,102 

154 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM 

(JSTARS).

121,610 88,610 

Unjustified Request Based on Program Restructure .............................. [–33,000 ] 
771 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

155 0207590F SEEK EAGLE ............................................................................................ 18,599 18,599 

156 0207601F USAF MODELING AND SIMULATION ................................................. 23,091 23,091 

157 0207605F WARGAMING AND SIMULATION CENTERS ...................................... 5,779 5,779 

158 0207697F DISTRIBUTED TRAINING AND EXERCISES ..................................... 5,264 3,264 

Unjustified growth ................................................................................... [–2,000 ] 

159 0208006F MISSION PLANNING SYSTEMS ............................................................ 69,918 63,418 

CAF Increment IV--Critical Change Delay ............................................. [–6,500 ] 

160 0208021F INFORMATION WARFARE SUPPORT .................................................. 2,322 2,322 

161 0208059F CYBER COMMAND ACTIVITIES ........................................................... 702 702 

168 0301400F SPACE SUPERIORITY INTELLIGENCE .............................................. 11,866 8,866 

Program underexecution due to schedule delays ..................................... [–3,000 ] 

169 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ...... 5,845 5,845 

170 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).43,811 43,811 

171 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ............................. 101,788 92,788 

Delay due to protest ................................................................................ [–9,000 ] 

172 0303141F GLOBAL COMBAT SUPPORT SYSTEM ................................................ 449 449 

173 0303150F GLOBAL COMMAND AND CONTROL SYSTEM .................................. 3,854 3,854 

174 0303158F JOINT COMMAND AND CONTROL PROGRAM (JC2) ........................ 0 0 

175 0303601F MILSATCOM TERMINALS ...................................................................... 238,729 188,729 

Transfer to FAB-T alternative line 175a ................................................ [–50,000 ] 

175a 0303601F FAB-T ALTERNATIVE ............................................................................ 0 50,000 

Transfer from FAB-T line 175 ............................................................... [50,000 ] 

177 0304260F AIRBORNE SIGINT ENTERPRISE ........................................................ 121,748 108,248 

Contract/Program Delays ........................................................................ [–13,500 ] 

180 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ............................... 4,604 4,604 

181 0305103F CYBER SECURITY INITIATIVE ............................................................ 2,026 2,026 

182 0305105F DOD CYBER CRIME CENTER ............................................................... 282 282 

183 0305110F SATELLITE CONTROL NETWORK (SPACE) ...................................... 18,337 18,337 

184 0305111F WEATHER SERVICE ............................................................................... 31,084 31,084 

185 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM 

(ATCALS).

63,367 9,867 

D--RAPCON Contract Delay .................................................................. [–53,500 ] 

186 0305116F AERIAL TARGETS ................................................................................... 50,620 45,620 

QF–16–-Excess to Need .......................................................................... [–5,000 ] 

189 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ................................. 366 366 

190 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ............ 39 39 

191 0305159F ENTERPRISE QUERY & CORRELATION ............................................ 0 10,000 

Enterprise query & correlation ................................................................ [20,000 ] 

Classified Adjustment .............................................................................. [–10,000 ] 

192 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) 

(SPACE).

133,601 42,601 

Contract delay .......................................................................................... [–91,000 ] 

193 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS).17,893 17,893 

195 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ............. 196,254 196,254 

196 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER ..................... 2,961 2,961 

197 0305182F SPACELIFT RANGE SYSTEM (SPACE) ............................................... 9,940 9,940 

198 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS 

(IO).

1,271 1,271 

199 0305202F DRAGON U–2 ............................................................................................ 0 0 

200 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ............................... 52,425 15,925 

Funded via reprogramming action .......................................................... [–6,500 ] 

Program reduction ................................................................................... [–30,000 ] 

201 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ......................................... 106,877 99,677 

Unjustified request .................................................................................. [–7,200 ] 

202 0305207F MANNED RECONNAISSANCE SYSTEMS ............................................ 13,049 13,049 

203 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............... 90,724 85,724 

Contract delays ........................................................................................ [–5,000 ] 

204 0305219F MQ–1 PREDATOR A UAV ........................................................................ 14,112 11,642 

Common Sensor Payload--Ahead of Need ............................................... [–2,470 ] 

205 0305220F RQ–4 UAV .................................................................................................. 423,462 383,462 

Contract delays ........................................................................................ [–40,000 ] 

206 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ..................... 7,348 7,348 

207 0305265F GPS III SPACE SEGMENT ...................................................................... 463,081 463,081 

208 0305614F JSPOC MISSION SYSTEM ....................................................................... 118,950 83,950 

JMS program restructure ........................................................................ [–35,000 ] 

209 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE ............ 14,736 14,736 

210 0305913F NUDET DETECTION SYSTEM (SPACE) .............................................. 81,989 81,989 

211 0305924F NATIONAL SECURITY SPACE OFFICE .............................................. 0 0 

212 0305940F SPACE SITUATION AWARENESS OPERATIONS ............................... 31,956 31,956 

213 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & 

TOOL DEVELOPMENT.

23,931 23,931 

214 0308699F SHARED EARLY WARNING (SEW) ...................................................... 1,663 1,663 

215 0401115F C–130 AIRLIFT SQUADRON ................................................................... 24,509 6,509 

Contract Delays ....................................................................................... [–18,000 ] 

216 0401119F C–5 AIRLIFT SQUADRONS (IF) ............................................................ 24,941 12,941 

RERP Program Rephased ....................................................................... [–12,000 ] 
772 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

217 0401130F C–17 AIRCRAFT (IF) ................................................................................ 128,169 94,269 

Contract Delays ....................................................................................... [–33,900 ] 

218 0401132F C–130J PROGRAM .................................................................................... 39,537 39,537 

219 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ................. 7,438 7,438 

220 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) ................................................. 1,308 0 

Funded in Public Law 112–10 ................................................................ [–1,308 ] 

221 0401218F KC–135S ..................................................................................................... 6,161 6,161 

222 0401219F KC–10S ....................................................................................................... 30,868 30,868 

223 0401314F OPERATIONAL SUPPORT AIRLIFT ..................................................... 82,591 37,591 

VC–25A--Funding Ahead of Need ........................................................... [–45,000 ] 

224 0401315F C-STOL AIRCRAFT .................................................................................. 0 0 

225 0408011F SPECIAL TACTICS / COMBAT CONTROL ........................................... 7,118 5,218 

Line of Sight--Contract Delay ................................................................. [–1,900 ] 

226 0702207F DEPOT MAINTENANCE (NON-IF) ........................................................ 1,531 1,531 

227 0702976F FACILITIES RESTORATION & MODERNIZATION—LOGISTICS .... 0 0 

228 0708012F LOGISTICS SUPPORT ACTIVITIES ...................................................... 944 944 

229 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ....................... 140,284 140,284 

230 0708611F SUPPORT SYSTEMS DEVELOPMENT ................................................. 10,990 10,990 

231 0801711F RECRUITING ACTIVITIES ..................................................................... 0 0 

232 0804743F OTHER FLIGHT TRAINING ................................................................... 322 322 

233 0804757F JOINT NATIONAL TRAINING CENTER .............................................. 11 11 

234 0804772F TRAINING DEVELOPMENTS ................................................................ 0 0 

235 0808716F OTHER PERSONNEL ACTIVITIES ....................................................... 113 113 

236 0901202F JOINT PERSONNEL RECOVERY AGENCY ......................................... 2,483 2,483 

237 0901218F CIVILIAN COMPENSATION PROGRAM ............................................... 1,508 1,508 

238 0901220F PERSONNEL ADMINISTRATION .......................................................... 8,041 1,041 

Contract Delays ....................................................................................... [–7,000 ] 

239 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ............................... 928 928 

240 0901279F FACILITIES OPERATION—ADMINISTRATIVE ................................. 12,118 12,118 

241 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.101,317 76,317 

DEAMS--Excess to Requirement ............................................................ [–25,000 ] 

242 0902998F MANAGEMENT HQ—ADP SUPPORT (AF) .......................................... 299 299 

242A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 12,063,140 11,829,329

Classified Adjustment .............................................................................. [–233,811 ] 

TOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR 

FORCE.

18,573,266 17,318,853 

TOTAL, RDT&E AIR FORCE ........................................................... 27,737,701 26,183,332 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH, DW 

1 0601000BR DTRA BASIC RESEARCH INITIATIVE ................................................ 47,737 47,737 

2 0601101E DEFENSE RESEARCH SCIENCES ....................................................... 290,773 290,773 

3 0601110D8Z BASIC RESEARCH INITIATIVES .......................................................... 14,731 14,731 

4 0601111D8Z GOVERNMENT/INDUSTRY COSPONSORSHIP OF UNIVERSITY 

RESEARCH.

0 0 

5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ................. 37,870 37,870 

6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ................................ 101,591 86,591 

Program Decrease .................................................................................... [–15,000 ] 

7 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...................... 52,617 52,617 

TOTAL, BASIC RESEARCH, DW .................................................... 545,319 530,319 

APPLIED RESEARCH, DW 

8 0602000D8Z JOINT MUNITIONS TECHNOLOGY ..................................................... 21,592 20,592 

Excessive growth ...................................................................................... [–1,000 ] 

9 0602115E BIOMEDICAL TECHNOLOGY ................................................................ 110,000 110,000 

10 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 

(HBCU) SCIENCE.

0 0 

11 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM .............................. 37,916 37,916 

12 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ................................................. 4,381 4,381 

13 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ..................... 400,499 400,499 

14 0602304E COGNITIVE COMPUTING SYSTEMS .................................................... 49,365 49,365 

15 0602305E MACHINE INTELLIGENCE .................................................................... 61,351 61,351 

16 0602383E BIOLOGICAL WARFARE DEFENSE ..................................................... 30,421 30,421 

17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...................... 219,873 219,873 

18 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ..................................... 9,235 5,235 

Program Decrease .................................................................................... [–4,000 ] 

19 0602668D8Z CYBER SECURITY RESEARCH ............................................................. 9,735 4,735 

Program Decrease .................................................................................... [–5,000 ] 

20 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING 

(HSCB) APPLIED RESEARCH.

14,923 10,923 

Excessive growth ...................................................................................... [–4,000 ] 
773 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

21 0602702E TACTICAL TECHNOLOGY ...................................................................... 206,422 206,422 

22 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ................................ 237,837 237,837 

23 0602716E ELECTRONICS TECHNOLOGY ............................................................. 215,178 215,178 

24 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES 196,954 186,501 

Due to slow execution .............................................................................. [–10,453 ] 

25 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT ............... 26,591 26,591 

26 1160407BB SOF MEDICAL TECHNOLOGY DEVELOPMENT ............................... 0 0 

TOTAL, APPLIED RESEARCH, DW .............................................. 1,852,273 1,827,820 

ADVANCED TECHNOLOGY DEVELOPMENT (ATD), DW 

27 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ............................... 24,771 20,271 

Excessive growth ...................................................................................... [–4,500 ] 

28 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ................................................... 45,028 45,028 

29 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ...................... 77,019 77,019 

30 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION 

PREVENTION AND DEFEAT.

283,073 271,123 

Due to slow execution .............................................................................. [–11,950 ] 

31 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ............................... 75,003 75,003 

32 0603200D8Z JOINT ADVANCED CONCEPTS ............................................................. 7,903 7,903 

33 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ... 20,372 20,372 

34 0603250D8Z SYSTEMS 2020 ADVANCED TECHNOLOGY DEVELOPMENT ........ 4,381 4,381 

35 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)— 

THEATER CAPABILITY.

998 998 

36 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ........................................ 61,458 61,458 

37 0603286E ADVANCED AEROSPACE SYSTEMS .................................................... 98,878 98,878 

38 0603287E SPACE PROGRAMS AND TECHNOLOGY ............................................ 97,541 97,541 

39 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.229,235 229,235 

40 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ............................ 7,287 7,287 

41 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ............... 187,707 177,707 

Program Decrease- Unjustified growth ................................................... [–10,000 ] 

42 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .......................... 23,890 23,890 

43 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT.9,235 5,235 

Program Decrease .................................................................................... [–4,000 ] 

44 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ..................................... 10,762 10,762 

45 0603668D8Z CYBER SECURITY ADVANCED RESEARCH ...................................... 10,709 5,709 

Program Decrease .................................................................................... [–5,000 ] 

46 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING 

(HSCB) ADVANCED DEVELOPMENT.

18,179 14,179 

Excessive growth ...................................................................................... [–4,000 ] 

47 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.17,888 47,888 

Program Increase- Industrial Base Innovation Fund program .............. [30,000 ] 

48 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ........ 26,972 13,972 

Cargo airship demonstration ................................................................... [2,000 ] 

Pelican ...................................................................................................... [–15,000 ] 

49 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS ................. 9,756 9,756 

50 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ... 23,887 23,887 

51 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY.41,976 35,976 

Excessive growth ...................................................................................... [–6,000 ] 

52 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ................. 66,409 66,409 

53 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.91,132 61,132 

Program reduction ................................................................................... [–30,000 ] 

54 0603727D8Z JOINT WARFIGHTING PROGRAM ........................................................ 10,547 10,547 

55 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ................................... 160,286 160,286 

56 0603745D8Z SYNTHETIC APERTURE RADAR (SAR) COHERENT CHANGE 

DETECTION (CDD).

0 0 

57 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.0 0 

58 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ........... 296,537 296,537 

59 0603765E CLASSIFIED DARPA PROGRAMS ......................................................... 107,226 107,226 

60 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .............................. 235,245 235,245 

61 0603767E SENSOR TECHNOLOGY ......................................................................... 271,802 271,802 

61A 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ....................................... 0 200,000 

Program Increase ..................................................................................... [200,000 ] 

62 0603768E GUIDANCE TECHNOLOGY .................................................................... 0 0 

63 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.13,579 13,579 

64 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ............................................ 30,424 30,424 

65 0603826D8Z QUICK REACTION SPECIAL PROJECTS ............................................ 89,925 79,925 

Program Decrease .................................................................................... [–10,000 ] 

66 0603828D8Z JOINT EXPERIMENTATION .................................................................. 58,130 48,130 

Program adjustment ................................................................................ [–10,000 ] 

67 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE ...... 37,029 31,029 
774 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

Program Decrease .................................................................................... [–6,000 ] 

68 0603901C DIRECTED ENERGY RESEARCH ......................................................... 96,329 36,329 

Program Decrease—ALTB ..................................................................... [–60,000 ] 

69 0603902C NEXT GENERATION AEGIS MISSILE ................................................. 123,456 123,456 

70 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ........................... 99,593 99,593 

71 0603942D8Z TECHNOLOGY TRANSFER .................................................................... 0 0 

Program Increase- Technology Transition Initiative ............................... [10,000 ] 

Technology Transition Initiative .............................................................. [–10,000 ] 

72 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ................. 20,444 20,444 

73 0303310D8Z CWMD SYSTEMS ...................................................................................... 7,788 7,788 

74 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT.35,242 30,242 

Excess to need ......................................................................................... [–5,000 ] 

75 1160422BB AVIATION ENGINEERING ANALYSIS ................................................. 837 837 

76 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED 

TECHNOLOGY.

4,924 4,924 

TOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 

(ATD), DW.

3,270,792 3,321,342 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, DW 

77 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.36,798 36,798 

78 0603527D8Z RETRACT LARCH .................................................................................... 21,040 21,040 

79 0603600D8Z WALKOFF .................................................................................................. 112,142 112,142 

80 0603709D8Z JOINT ROBOTICS PROGRAM ................................................................ 11,129 11,129 

81 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ............................. 18,408 18,408 

82 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION 

PROGRAM.

63,606 63,606 

83 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.290,452 310,452 

THAAD production improvements .......................................................... [20,000 ] 

84 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.1,161,001 1,161,001 

85 0603883C BALLISTIC MISSILE DEFENSE BOOST DEFENSE SEGMENT ..... 0 0 

86 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...................... 261,143 234,155 

JPID program restructure ...................................................................... [–13,988 ] 

INATS schedule delays ............................................................................ [–13,000 ] 

87 0603884C BALLISTIC MISSILE DEFENSE SENSORS ........................................ 222,374 222,374 

88 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ......................... 1,071,039 1,022,039 

Program Decrease—Excess funds ........................................................... [–40,000 ] 

Excess to need ......................................................................................... [–9,000 ] 

89 0603890C BMD ENABLING PROGRAMS ................................................................ 373,563 373,563 

90 0603891C SPECIAL PROGRAMS—MDA .................................................................. 296,554 296,554 

91 0603892C AEGIS BMD ............................................................................................... 960,267 1,250,267 

SM–3 Block IB production improvements .............................................. [30,000 ] 

Transfer from procurement to correct test failures ................................ [260,000 ] 

92 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ............................... 96,353 96,353 

93 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ...... 7,951 7,951 

94 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, 

BATTLE MANAGEMENT AND COMMUNICATI.

364,103 364,103 

95 0603897C BALLISTIC MISSILE DEFENSE HERCULES ..................................... 0 0 

96 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 41,225 41,225 

97 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC).

69,325 69,325 

98 0603906C REGARDING TRENCH ............................................................................ 15,797 15,797 

99 0603907C SEA BASED X-BAND RADAR (SBX) ..................................................... 177,058 157,058 

Program Decrease—Excess funds ........................................................... [–20,000 ] 

100 0603911C BMD EUROPEAN CAPABILITY ............................................................. 0 0 

101 0603913C ISRAELI COOPERATIVE PROGRAMS .................................................. 106,100 156,100 

David’s Sling development ....................................................................... [25,000 ] 

Arrow System Improvement Program ..................................................... [20,000 ] 

Arrow–3 interceptor development ............................................................ [5,000 ] 

102 0603920D8Z HUMANITARIAN DEMINING ................................................................. 14,996 14,996 

103 0603923D8Z COALITION WARFARE ........................................................................... 12,743 12,743 

104 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ................... 3,221 35,321 

Program increase—funding shortfall ....................................................... [32,100 ] 

105 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT 

SYSTEM (UAS) COMMON DEVELOPMENT.

25,120 25,120 

106 0604648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ............... 0 0 

107 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING 

(HSCB) RESEARCH AND ENGINEERING.

10,309 8,309 

Program Decrease .................................................................................... [–2,000 ] 

108 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) ........................ 13,024 8,024 

Program Decrease .................................................................................... [–5,000 ] 

109 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM .. 9,290 9,290 

110 0604880C LAND-BASED SM–3 (LBSM3) ................................................................ 306,595 306,595 
775 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

111 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT .................................... 424,454 444,454 

Program Increase- software Integration .................................................. [20,000 ] 

112 0604883C PRECISION TRACKING SPACE SENSOR RDT&E .............................. 160,818 160,818 

113 0604884C AIRBORNE INFRARED (ABIR) ............................................................. 46,877 46,877 

114 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ..................................... 0 0 

115 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ..... 3,358 3,358 

TOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES, DW.

6,808,233 7,117,345 

SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD), 

DW 

116 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM (DACP) ............ 0 0 

117 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.7,220 7,220 

118 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ............ 204,824 204,824 

119 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...................... 400,608 390,608 

Decontamination FOS delays .................................................................. [–10,000 ] 

120 0604709D8Z JOINT ROBOTICS PROGRAM ................................................................ 2,782 2,782 

121 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) 49,198 44,198 

Cyber threat discovery ............................................................................. [20,000 ] 

Program growth ....................................................................................... [–25,000 ] 

122 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM 

(JTIDS).

17,395 17,395 

123 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ..... 5,888 5,285 

Due to slow execution .............................................................................. [–603 ] 

124 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .............................. 12,228 12,228 

125 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS).0 0 

126 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES ........... 0 0 

127 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE .......................... 389 389 

128 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ............................................. 1,929 1,929 

129 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ....................................... 4,993 4,993 

130 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION.134,285 84,285 

Program Growth ...................................................................................... [–50,000 ] 

131 0605075D8Z DCMO POLICY AND INTEGRATION .................................................... 41,808 31,808 

Program Growth ...................................................................................... [–10,000 ] 

132 0605140D8Z TRUSTED FOUNDRY .............................................................................. 0 0 

133 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 14,950 14,950 

134 0605648D8Z DEFENSE ACQUISITION EXECUTIVE (DAE) PILOT PROGRAM .. 0 0 

135 0303141K GLOBAL COMBAT SUPPORT SYSTEM ................................................ 19,837 19,837 

136 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE (WII-SOC) STAFF OFFICE.0 0 

TOTAL, SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD), DW.918,334 842,731 

RDT&E MANAGEMENT SUPPORT, DW 

137 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ................... 6,658 6,658 

138 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ....................... 4,731 4,731 

139 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).140,231 140,231 

140 0604942D8Z ASSESSMENTS AND EVALUATIONS ................................................... 2,757 2,757 

141 0604943D8Z THERMAL VICAR ..................................................................................... 7,827 7,827 

142 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) .... 10,479 10,479 

143 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS .......................... 34,213 28,213 

OSD recommendation due to underexecution ......................................... [–6,000 ] 

144 0605110D8Z USD(A&T)--CRITICAL TECHNOLOGY SUPPORT ............................... 1,486 1,486 

145 0605117D8Z FOREIGN MATERIAL ACQUISITION AND EXPLOITATION ........... 64,524 64,524 

146 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).79,859 61,490 

Underexecution ........................................................................................ [–18,369 ] 

147 0605128D8Z CLASSIFIED PROGRAM USD(P) ........................................................... 0 0 

148 0605130D8Z FOREIGN COMPARATIVE TESTING .................................................... 19,080 19,080 

149 0605142D8Z SYSTEMS ENGINEERING ...................................................................... 41,884 41,884 

150 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ..................................... 4,261 4,261 

151 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION .. 9,437 9,437 

152 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ............................. 6,549 6,549 

153 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...................... 92,806 92,806 

154 0605502BP SMALL BUSINESS INNOVATIVE RESEARCH—CHEMICAL BIOLOGICAL DEF.0 0 

155 0605502BR SMALL BUSINESS INNOVATION RESEARCH ................................... 0 0 

156 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA ....................... 0 0 

157 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH ................................... 0 0 

158 0605502E SMALL BUSINESS INNOVATIVE RESEARCH ................................... 0 0 

159 0605502S SMALL BUSINESS INNOVATIVE RESEARCH ................................... 0 0 

160 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL 

BUSINESS TECHNOLOGY TRANSFER (S.

1,924 1,924 
776 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

161 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS .................................................. 16,135 16,135 

162 0605799D8Z EMERGING CAPABILITIES ................................................................... 0 0 

163 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ............... 56,269 52,269 

Program Decrease .................................................................................... [–4,000 ] 

164 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION.49,810 49,810 

165 0605804D8Z DEVELOPMENT TEST AND EVALUATION ........................................ 15,805 20,805 

Program Increase ..................................................................................... [5,000 ] 

166 0605897E DARPA AGENCY RELOCATION ............................................................ 1,000 1,000 

167 0605898E MANAGEMENT HQ—R&D ...................................................................... 66,689 66,689 

168 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS .......................................... 4,528 4,528 

169 0606301D8Z AVIATION SAFETY TECHNOLOGIES .................................................. 6,925 6,925 

170 0203345D8Z OPERATIONS SECURITY (OPSEC) ....................................................... 1,777 1,777 

171 0204571J JOINT STAFF ANALYTICAL SUPPORT .............................................. 18 18 

174 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 12,209 12,209 

175 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION ..................... 4,288 4,288 

176 0305103E CYBER SECURITY INITIATIVE ............................................................ 10,000 5,000 

Execution delays ...................................................................................... [–5,000 ] 

177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS 

(IO).

15,002 15,002 

179 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT ......... 861 861 

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2).59,958 59,958 

181 0901585C PENTAGON RESERVATION ................................................................... 0 0 

182 0901598C MANAGEMENT HQ—MDA ...................................................................... 28,908 28,908 

183 0901598D8W IT SOFTWARE DEV INITIATIVES ........................................................ 167 167 

184A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 82,627 82,627 

TOTAL, RDT&E MANAGEMENT SUPPORT, DW .................... 961,682 933,313 

OPERATIONAL SYSTEMS DEVELOPMENT, DW 

185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ........................................... 8,706 8,706 

186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA.2,165 2,165 

187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS).288 288 

188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).15,956 15,956 

189 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY ........................... 29,880 29,880 

190 0208043J CLASSIFIED PROGRAMS ....................................................................... 2,402 2,402 

191 0208045K C4I INTEROPERABILITY ....................................................................... 72,403 72,403 

193 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ................... 7,093 7,093 

200 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT ........ 481 481 

201 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.8,366 18,366 

Cybersecurity pilots .................................................................................. [20,000 ] 

Cybersecurity pilots .................................................................................. [–10,000 ] 

202 0303126K LONG-HAUL COMMUNICATIONS—DCS ............................................. 11,324 11,324 

203 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).12,514 12,514 

204 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ............................................. 6,548 6,548 

205 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ............................... 33,751 33,751 

206 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ............................. 11,753 11,753 

207 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ............................. 348,593 351,593 

File sanitization tool (FiST) .................................................................... [3,000 ] 

208 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ............................. 5,500 5,500 

209 0303148K DISA MISSION SUPPORT OPERATIONS ............................................. 0 0 

210 0303149J C4I FOR THE WARRIOR ......................................................................... 0 0 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .................................. 54,739 54,739 

212 0303153K DEFENSE SPECTRUM ORGANIZATION ............................................. 29,154 29,154 

213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) ............................. 1,830 1,830 

214 0303260D8Z JOINT MILITARY DECEPTION INITIATIVE ...................................... 1,241 1,241 

215 0303610K TELEPORT PROGRAM ............................................................................ 6,418 6,418 

217 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ............................ 5,045 5,045 

220 0305103D8Z CYBER SECURITY INITIATIVE ............................................................ 411 411 

222 0305103K CYBER SECURITY INITIATIVE ............................................................ 4,341 4,341 

223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ......................... 13,008 13,008 

227 0305186D8Z POLICY R&D PROGRAMS ....................................................................... 6,603 2,892 

OSD recommendation due to underexecution ......................................... [–3,711 ] 

229 0305199D8Z NET CENTRICITY .................................................................................... 14,926 11,693 

OSD recommendation due to underexecution ......................................... [–3,233 ] 

232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............... 4,303 4,303 

235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ............... 3,154 3,154 

237 0305219BB MQ–1 PREDATOR A UAV ........................................................................ 2,499 2,499 

239 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM .... 2,660 2,660 

240 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.1,444 1,444 
777 

†S 1867 ES

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

248 0708011S INDUSTRIAL PREPAREDNESS ............................................................ 23,103 23,103 

249 0708012S LOGISTICS SUPPORT ACTIVITIES ...................................................... 2,466 2,466 

250 0902298J MANAGEMENT HEADQUARTERS (JCS) ............................................. 2,730 2,730 

251 1001018D8Z NATO AGS .................................................................................................. 0 0 

252 1105219BB MQ–9 UAV .................................................................................................. 2,499 2,499 

253 1105232BB RQ–11 UAV ................................................................................................ 3,000 3,000 

254 1105233BB RQ–7 UAV .................................................................................................. 450 450

255 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH 

TRANSFER PILOT PROG.

0 0 

256 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT.89,382 89,382 

257 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT .... 799 799 

258 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT.27,916 27,916 

259 1160408BB SOF OPERATIONAL ENHANCEMENTS .............................................. 60,915 60,915 

260 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ............................... 10,775 10,775 

261 1160423BB JOINT MULTI-MISSION SUBMERSIBLE ............................................ 0 0 

262 1160426BB OPERATIONS ADVANCED SEAL DELIVERY SYSTEM (ASDS) 

DEVELOPMENT.

0 0 

263 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS (MTPS) ........ 4,617 4,617 

264 1160428BB UNMANNED VEHICLES (UV) ................................................................ 0 0 

265 1160429BB AC/MC–130J ............................................................................................... 18,571 18,571 

266 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS.1,392 1,392 

267 1160476BB SOF TACTICAL RADIO SYSTEMS ........................................................ 0 0 

268 1160477BB SOF WEAPONS SYSTEMS ...................................................................... 2,610 2,610 

269 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS ............... 2,971 2,971 

270 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS 3,000 3,000 

271 1160480BB SOF TACTICAL VEHICLES .................................................................... 3,522 3,522 

272 1160481BB SOF MUNITIONS ...................................................................................... 1,500 1,500 

273 1160482BB SOF ROTARY WING AVIATION ............................................................. 51,123 51,123 

274 1160483BB SOF UNDERWATER SYSTEMS ............................................................. 92,424 92,424 

275 1160484BB SOF SURFACE CRAFT ............................................................................ 14,475 14,475 

276 1160488BB SOF MILITARY INFORMATION SUPPORT OPERATIONS ............... 2,990 2,990 

277 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ........................ 8,923 8,923 

278 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ............... 9,473 9,473 

278A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 4,227,920 4,263,700 

Classified Adjustment .............................................................................. [35,780 ] 

TOTAL OPERATIONAL SYSTEMS DEVELOPMENT, DW .... 5,399,045 5,440,881 

DARPA--UNDISTRIBUTED .............................................................. 0 –200,000 

Undistributed reduction--Underexecution ................................................ [–150,000 ] 

Undistributed reduction--additional unrestricted cut to DARPA topline [–50,000 ] 

TOTAL, RDT&E DW ............................................................................ 19,755,678 19,813,751 

OPERATIONAL TEST & EVAL, DEFENSE 

1 0605118OTE OPERATIONAL TEST AND EVALUATION .......................................... 60,444 60,444 

2 0605131OTE LIVE FIRE TEST AND EVALUATION ................................................. 12,126 12,126 

3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ....................... 118,722 118,722 

TOTAL, OPERATIONAL TEST & EVAL, DEFENSE ............... 191,292 191,292 

TOTAL RDT&E ...................................................................................... 75,325,082 71,840,593 
778 

†S 1867 ES

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY 

OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

RDT&E MANAGEMENT SUPPORT, ARMY 

140 0605601A ARMY TEST RANGES AND FACILITIES ............................................. 8,513 8,513 

TOTAL, RDT&E MANAGEMENT SUPPORT, ARMY ............... 8,513 8,513 

TOTAL, RDT&E ARMY ....................................................................... 8,513 8,513 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY 

54 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .......... 1,500 1,500 

TOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES, NAVY.

1,500 1,500 

SYSTEM DEVELOPMENT & DEMONSTRATION, NAVY 

97 0604270N ELECTRONIC WARFARE DEVELOPMENT ........................................ 5,600 5,600 

119 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .......... 3,500 3,500 

126 0604771N MEDICAL DEVELOPMENT .................................................................... 1,950 1,950 

TOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, 

NAVY.

11,050 11,050 

OPERATIONAL SYSTEMS DEVELOPMENT, NAVY 

172 0204136N F/A–18 SQUADRONS ................................................................................ 2,000 2,000 

189 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ................................ 1,500 1,500 

192 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 4,050 4,050 

216 0305231N MQ–8 UAV .................................................................................................. 0 104,600 

ECP for SOCOM urgent needs statement—transfer from Title II ........ [104,600 ] 

227A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 33,784 33,784 

TOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, 

NAVY.

41,334 145,934 

TOTAL, RDT&E NAVY ........................................................................ 53,884 158,484 

RESEARCH, DEVELOPMENT, TEST & EVAL, AIR FORCE 

OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE 

200 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ............................... 73,000 58,000 

Blue Devil ARGUS Sensors—Already Funded Through Reprogramming Actions.[–15,000 ] 

242A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 69,000 69,000 

TOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR 

FORCE.

142,000 127,000 

TOTAL, RDT&E AIR FORCE ........................................................... 142,000 127,000 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

RDT&E MANAGEMENT SUPPORT, DW 

152 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ............................. 9,200 9,200 

TOTAL, RDT&E MANAGEMENT SUPPORT, DW .................... 9,200 9,200 

OPERATIONAL SYSTEMS DEVELOPMENT, DW 

202 0303126K LONG-HAUL COMMUNICATIONS—DCS ............................................. 10,500 10,500 

207 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ............................. 32,850 32,850 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .................................. 2,000 2,000 

254 1105233BB RQ–7 UAV .................................................................................................. 2,450 2,450 

278A 9999999999 CLASSIFIED PROGRAMS ....................................................................... 135,361 120,581 

Classified Adjustment .............................................................................. [–14,780 ] 

TOTAL OPERATIONAL SYSTEMS DEVELOPMENT, DW .... 183,161 168,381 

TOTAL, RDT&E DW ............................................................................ 192,361 177,581 
779 

†S 1867 ES

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY 

OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Senate 

Authorized 

TOTAL RDT&E ...................................................................................... 396,758 471,578 
780 

†S 1867 ES

TITLE XLIII—OPERATION AND 

MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, ARMY 

BA 01: OPERATING FORCES 

010 MANEUVER UNITS ................................................................... 1,399,804 1,249,071 

Transfer to OCO: MRAP Vehicle Sustainment. ....................... [–2,539 ] 

Transfer to OCO: Theater Demand Reduction. ........................ [–148,194 ] 

020 MODULAR SUPPORT BRIGADES ........................................... 104,629 102,347 

Transfer to OCO: Theater Demand Reduction. ........................ [–2,282 ] 

030 ECHELONS ABOVE BRIGADE ................................................ 815,920 815,920 

040 THEATER LEVEL ASSETS ...................................................... 825,587 796,595 

Transfer to OCO: Theater Demand Reduction. ........................ [–18,692 ] 

Transfer to OCO: UAS--Gray Eagle Satellite Service. ............. [–10,300 ] 

050 LAND FORCES OPERATIONS SUPPORT .............................. 1,245,231 1,199,827 

Transfer to OCO: MRAP Vehicle Sustainment at Combat 

Training Centers. ................................................................... [–6,420 ] 

Transfer to OCO: National Training Center Tier Two Level 

Maintenance Contract. ........................................................... [–24,000 ] 

Transfer to OCO: Theater Demand Reduction. ........................ [–14,984 ] 

060 AVIATION ASSETS .................................................................... 1,199,340 1,137,835 

Transfer to OCO: Theater Demand Reduction. ........................ [–61,505 ] 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 2,939,455 2,847,795 

FOB Baseline Not Taken into Account in Requested Program 

Growth. .................................................................................. [–20,000 ] 

Transfer to OCO: Body Armor Sustainment. ........................... [–71,660 ] 

080 LAND FORCES SYSTEMS READINESS ................................. 451,228 431,228 

Deny Requested Growth for Civilian and Contractor Positions. [–20,000 ] 

090 LAND FORCES DEPOT MAINTENANCE ............................... 1,179,675 1,179,675 

100 BASE OPERATIONS SUPPORT ............................................... 7,637,052 7,329,552 

Budget Justification Does Not Match Summary of Price and 

Program Changes for Utilities. .............................................. [–37,500 ] 

Removal of FY11 Costs Budgeted for Detainee Operations 

(Full FY12 Requirement Funded in OCO). .......................... [–70,000 ] 

Transfer to OCO: Overseas Security Guards. ........................... [–200,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ........................................................................... 2,495,667 2,495,667 

120 MANAGEMENT AND OPERATIONAL HQ ............................. 397,952 397,952 

130 COMBATANT COMMANDERS CORE OPERATIONS ............ 171,179 171,179 

140 ADDITIONAL ACTIVITIES ....................................................... 0 0 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ....... 0 0 

160 RESET .......................................................................................... 0 0 

170 COMBATANT COMMANDERS ANCILLARY MISSIONS ....... 459,585 459,585 

TOTAL, BA 01: OPERATING FORCES ........................... 21,322,304 20,614,228 

BA 02: MOBILIZATION 

180 STRATEGIC MOBILITY ............................................................ 390,394 390,394 

190 ARMY PREPOSITIONING STOCKS ......................................... 169,535 169,535 

200 INDUSTRIAL PREPAREDNESS .............................................. 6,675 6,675 

TOTAL, BA 02: MOBILIZATION ....................................... 566,604 566,604 

BA 03: TRAINING AND RECRUITING 

210 OFFICER ACQUISITION ........................................................... 113,262 113,262 

220 RECRUIT TRAINING ................................................................. 71,012 71,012 

230 ONE STATION UNIT TRAINING ............................................. 49,275 49,275 

240 SENIOR RESERVE OFFICERS TRAINING CORPS .............. 417,071 417,071 

250 SPECIALIZED SKILL TRAINING ........................................... 1,045,948 1,045,948 

260 FLIGHT TRAINING ................................................................... 1,083,808 1,083,808 

270 PROFESSIONAL DEVELOPMENT EDUCATION .................. 191,073 191,073 

280 TRAINING SUPPORT ................................................................ 607,896 607,896 

290 RECRUITING AND ADVERTISING ......................................... 523,501 523,501 

300 EXAMINING ................................................................................ 139,159 139,159 
781 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

310 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 238,978 238,978 

320 CIVILIAN EDUCATION AND TRAINING ............................... 221,156 221,156 

330 JUNIOR ROTC ............................................................................ 170,889 170,889 

TOTAL, BA 03: TRAINING AND RECRUITING .......... 4,873,028 4,873,028 

BA 04: ADMIN & SRVWIDE ACTIVITIES 

340 SECURITY PROGRAMS ............................................................. 995,161 995,161 

350 SERVICEWIDE TRANSPORTATION ....................................... 524,334 524,334 

360 CENTRAL SUPPLY ACTIVITIES ............................................. 705,668 705,668 

370 LOGISTIC SUPPORT ACTIVITIES .......................................... 484,075 484,075 

380 AMMUNITION MANAGEMENT ................................................ 457,741 387,741 

Requested Growth Unjustified by Metrics Provided in Performance Criteria. .................................................................. [–70,000 ] 

390 ADMINISTRATION ..................................................................... 775,313 775,313 

400 SERVICEWIDE COMMUNICATIONS ....................................... 1,534,706 1,504,706 

Budget Justification Does Not Match Summary of Price and 

Program Changes for DISA. ................................................. [–30,000 ] 

410 MANPOWER MANAGEMENT ................................................... 316,924 316,924 

420 OTHER PERSONNEL SUPPORT ............................................. 214,356 214,356 

430 OTHER SERVICE SUPPORT .................................................... 1,093,877 1,033,877 

Unjustified program growth-Joint DOD Support ..................... [–5,000 ] 

Unjustified program growth-PA Strategic Communications ..... [–5,000 ] 

Budget Justification Does Not Match Summary of Price and 

Program Changes for DFAS. ................................................ [–50,000 ] 

440 ARMY CLAIMS ACTIVITIES ..................................................... 216,621 216,621 

450 REAL ESTATE MANAGEMENT ............................................... 180,717 157,813 

Budget Justification Does Not Match Summary of Price and 

Program Changes for the Pentagon Reservation Maintenance Revolving Fund. .......................................................... [–10,000 ] 

BA–4 Adjustment for Defense Efficiency—Civilian Staffing 

Reduction. .............................................................................. [–12,904 ] 

460 SUPPORT OF NATO OPERATIONS ........................................ 449,901 449,901 

470 MISC. SUPPORT OF OTHER NATIONS ................................. 23,886 23,886 

TOTAL, BA 04: ADMIN & SRVWIDE ACTIVITIES .... 6,978,119 6,795,215 

UNDISTRIBUTED 

480 UNDISTRIBUTED ...................................................................... –3,942,465 

Reduction in funding for contract services ................................ [–121,700 ] 

Reduction in funding for DoD business systems ...................... [–46,000 ] 

Management efficiencies in the military intelligence program .. [–29,900 ] 

Unobligated balances ................................................................. [–275,000 ] 

Adjustment for Defense Efficiency—Civilian Staffing Reduction. ........................................................................................ [–166,365 ] 

Transfer to OCO: Readiness and Depot Maintenance (BA–1 

Undistributed). ....................................................................... [–3,000,000 ] 

Printing & Reproduction (10% cut)—Efficiency. ..................... [–10,600 ] 

Studies, Analysis & Evaluations (10% cut)—Efficiency. .......... [–1,400 ] 

Decrease in OPTEMPO as cited by Army. ............................... [–291,500 ] 

999 CLASSIFIED ................................................................................ 1,600 

Classified adjustment ................................................................. [1,600 ] 

TOTAL, OPERATION & MAINTENANCE, ARMY ...... 34,735,216 29,903,371 

OPERATION & MAINTENANCE, ARMY RES 

BA 01: OPERATING FORCES 

010 MANEUVER UNITS ................................................................... 1,091 1,091 

020 MODULAR SUPPORT BRIGADES ........................................... 18,129 18,129 

030 ECHELONS ABOVE BRIGADE ................................................ 492,705 492,705 

040 THEATER LEVEL ASSETS ...................................................... 137,304 137,304 

050 LAND FORCES OPERATIONS SUPPORT .............................. 597,786 597,786 

060 AVIATION ASSETS .................................................................... 67,366 67,366 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 474,966 474,966 

080 LAND FORCES SYSTEMS READINESS ................................. 69,841 69,841 

090 LAND FORCES DEPOT MAINTENANCE ............................... 247,010 247,010 

100 BASE OPERATIONS SUPPORT ............................................... 590,078 583,078 

Reduction in Payments to the GSA for Standard Level Service 

Charges Not Properly Accounted for in Budget Documentation. ........................................................................................ [–7,000 ] 
782 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ........................................................................... 255,618 255,618 

120 ADDITIONAL ACTIVITIES ....................................................... 0 0 

UNDISTRIBUTED ...................................................................... –91,000 

Decrease in OPTEMPO as cited by Army. ............................... [–87,000 ] 

Deny Increase Budgeted for FY12 Price Growth for Civilian 

Compensation. ........................................................................ [–4,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 2,951,894 2,853,894 

BA 02: ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ....................................... 14,447 14,447 

140 ADMINISTRATION ..................................................................... 76,393 76,393 

150 SERVICEWIDE COMMUNICATIONS ....................................... 3,844 3,844 

160 MANPOWER MANAGEMENT ................................................... 9,033 9,033 

170 RECRUITING AND ADVERTISING ......................................... 53,565 53,565 

TOTAL, BA 02: ADMIN & SRVWD ACTIVITIES ......... 157,282 

TOTAL, OPERATION & MAINTENANCE, ARMY 

RES .......................................................................................... 3,109,176 3,011,176 

OPERATION & MAINTENANCE, ARNG 

BA 01: OPERATING FORCES 

010 MANEUVER UNITS ................................................................... 634,181 634,181 

020 MODULAR SUPPORT BRIGADES ........................................... 189,899 189,899 

030 ECHELONS ABOVE BRIGADE ................................................ 751,899 751,899 

040 THEATER LEVEL ASSETS ...................................................... 112,971 112,971 

050 LAND FORCES OPERATIONS SUPPORT .............................. 33,972 33,972 

060 AVIATION ASSETS .................................................................... 854,048 854,048 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 706,299 706,299 

080 LAND FORCES SYSTEMS READINESS ................................. 50,453 50,453 

090 LAND FORCES DEPOT MAINTENANCE ............................... 646,608 646,608 

100 BASE OPERATIONS SUPPORT ............................................... 1,028,126 988,626 

Unjustified Growth for Travel. .................................................. [–25,000 ] 

Unjustified Growth for Utilities Based on Metrics Provided in 

Budget Documentation. ......................................................... [–10,000 ] 

Unjustified Growth for Public Affairs. ...................................... [–4,500 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ........................................................................... 618,513 618,513 

120 MANAGEMENT AND OPERATIONAL HQ ............................. 792,575 787,575 

Army National Guard-Identified Excess. .................................. [–5,000 ] 

130 ADDITIONAL ACTIVITIES ....................................................... 0 0 

TOTAL, BA 01: OPERATING FORCES ........................... 6,419,544 6,375,044 

BA 04: ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION ....................................... 11,703 11,703 

150 ADMINISTRATION ..................................................................... 178,655 178,655 

160 SERVICEWIDE COMMUNICATIONS ....................................... 42,073 42,073 

170 MANPOWER MANAGEMENT ................................................... 6,789 6,789 

180 RECRUITING AND ADVERTISING ......................................... 382,668 382,668 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 621,888 

UNDISTRIBUTED 

190 UNDISTRIBUTED ...................................................................... –156,500 

Reduction in non-dual status technician limitation ................... [–20,000 ] 

Deny Increase Budgeted for FY12 Price Growth for Civilian 

Compensation. ........................................................................ [–11,000 ] 

Decrease in OPTEMPO as cited by Army. ............................... [–125,500 ] 

TOTAL, OPERATION & MAINTENANCE, ARNG ...... 7,041,432 6,840,432 

OPERATION & MAINTENANCE, NAVY 

BA 01: OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................... 4,762,887 4,762,887 

020 FLEET AIR TRAINING ............................................................. 1,771,644 1,771,644 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES .......................................................................................... 46,321 46,321 

040 AIR OPERATIONS AND SAFETY SUPPORT ......................... 104,751 104,751 

050 AIR SYSTEMS SUPPORT .......................................................... 431,576 431,576 

060 AIRCRAFT DEPOT MAINTENANCE ....................................... 1,030,303 1,030,303 
783 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ....................... 37,403 37,403 

080 AVIATION LOGISTICS .............................................................. 238,007 238,007 

090 MISSION AND OTHER SHIP OPERATIONS ......................... 3,820,186 3,820,186 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................ 734,866 734,866 

110 SHIP DEPOT MAINTENANCE ................................................. 4,972,609 4,972,609 

120 SHIP DEPOT OPERATIONS SUPPORT ................................. 1,304,271 1,304,271 

130 COMBAT COMMUNICATIONS .................................................. 583,659 583,659 

140 ELECTRONIC WARFARE ......................................................... 97,011 97,011 

150 SPACE SYSTEMS AND SURVEILLANCE .............................. 162,303 137,303 

Budget Justification Does Not Match Summary of Price and 

Program Changes. ................................................................. [–25,000 ] 

160 WARFARE TACTICS .................................................................. 423,187 423,187 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 320,141 320,141 

180 COMBAT SUPPORT FORCES ................................................... 1,076,478 1,076,478 

190 EQUIPMENT MAINTENANCE ................................................. 187,037 187,037 

200 DEPOT OPERATIONS SUPPORT ............................................ 4,352 4,352 

210 COMBATANT COMMANDERS CORE OPERATIONS ............ 103,830 103,830 

220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................................................ 180,800 180,800 

230 CRUISE MISSILE ....................................................................... 125,333 125,333 

240 FLEET BALLISTIC MISSILE ................................................... 1,209,410 1,209,410 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...................... 99,063 99,063 

260 WEAPONS MAINTENANCE ...................................................... 450,454 450,454 

270 OTHER WEAPON SYSTEMS SUPPORT ................................. 358,002 358,002 

280 ENTERPRISE INFORMATION ................................................. 971,189 971,189 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION 1,946,779 1,946,779 

300 BASE OPERATING SUPPORT ................................................. 4,610,525 4,590,525 

Savings from In-sourcing Security Contractor Positions Not 

Properly Accounted for in Budget Documentation. .............. [–20,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 32,164,377 32,119,377 

BA 02: MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE ................................... 493,326 493,326 

320 AIRCRAFT ACTIVATIONS/INACTIVATIONS ......................... 6,228 6,228 

330 SHIP ACTIVATIONS/INACTIVATIONS ................................... 205,898 205,898 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ............. 68,634 68,634 

350 INDUSTRIAL READINESS ....................................................... 2,684 2,684 

360 COAST GUARD SUPPORT ........................................................ 25,192 25,192 

TOTAL, BA 02: MOBILIZATION ....................................... 801,962 801,962 

BA 03: TRAINING AND RECRUITING 

370 OFFICER ACQUISITION ........................................................... 147,540 147,540 

380 RECRUIT TRAINING ................................................................. 10,655 10,655 

390 RESERVE OFFICERS TRAINING CORPS .............................. 151,147 151,147 

400 SPECIALIZED SKILL TRAINING ........................................... 594,799 594,799 

410 FLIGHT TRAINING ................................................................... 9,034 9,034 

420 PROFESSIONAL DEVELOPMENT EDUCATION .................. 173,452 173,452 

430 TRAINING SUPPORT ................................................................ 168,025 168,025 

440 RECRUITING AND ADVERTISING ......................................... 254,860 254,860 

450 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 140,279 140,279 

460 CIVILIAN EDUCATION AND TRAINING ............................... 107,561 107,561 

470 JUNIOR ROTC ............................................................................ 52,689 52,689 

TOTAL, BA 03: TRAINING AND RECRUITING .......... 1,810,041 1,810,041 

BA 04: ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ..................................................................... 754,483 754,483 

490 EXTERNAL RELATIONS .......................................................... 14,275 14,275 

500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 112,616 112,616 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 216,483 216,483 

520 OTHER PERSONNEL SUPPORT ............................................. 282,295 282,295 

530 SERVICEWIDE COMMUNICATIONS ....................................... 534,873 534,873 

540 MEDICAL ACTIVITIES .............................................................. 0 0 

550 SERVICEWIDE TRANSPORTATION ....................................... 190,662 190,662 

560 ENVIRONMENTAL PROGRAMS .............................................. 0 0 

570 PLANNING, ENGINEERING AND DESIGN ........................... 303,636 303,636 

580 ACQUISITION AND PROGRAM MANAGEMENT .................. 903,885 903,885 

590 HULL, MECHANICAL AND ELECTRICAL SUPPORT ......... 54,880 54,880 

600 COMBAT/WEAPONS SYSTEMS ................................................ 20,687 20,687 
784 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

610 SPACE AND ELECTRONIC WARFARE SYSTEMS ............... 68,374 68,374 

620 NAVAL INVESTIGATIVE SERVICE ........................................ 572,928 572,928 

630 CONSOLIDATED CRYPTOLOGICAL PROGRAM .................. 0 0 

650 FOREIGN COUNTERINTELLIGENCE ................................... 0 0 

680 INTERNATIONAL HEADQUARTERS AND AGENCIES ...... 5,516 5,516 

690 CANCELLED ACCOUNT ADJUSTMENTS ............................. 0 0 

700 JUDGEMENT FUND .................................................................. 0 0 

700A CLASSIFIED PROGRAMS ......................................................... 552,715 546,715 

Classified adjustment ................................................................. [–6,000 ] 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 4,588,308 4,582,308 

UNDISTRIBUTED 

710 UNDISTRIBUTED ...................................................................... –1,320,600 

Reduction in funding for contract services ................................ [–122,800 ] 

Reduction in funding for DoD business systems ...................... [–52,900 ] 

Management efficiencies in the military intelligence program .. [–11,300 ] 

Unobligated balances ................................................................. [–123,800 ] 

Transfer to OCO: Readiness and Depot Maintenance (BA–1 

Undistributed). ....................................................................... [–495,000 ] 

Deny FY12 Budget Price Growth for Civilian Personnel Compensation. ............................................................................... [–5,000 ] 

Printing & Reproduction (10% cut)—Efficiency. ..................... [–7,100 ] 

Studies, Analysis & Evaluations (10% cut)—Efficiency. .......... [–2,700 ] 

Target area for reduction as cited by Navy. ............................. [–500,000 ] 

TOTAL, OPERATION & MAINTENANCE, NAVY ....... 39,364,688 37,993,088 

OPERATION & MAINTENANCE, MARINE CORPS 

BA 01: OPERATING FORCES 

010 OPERATIONAL FORCES .......................................................... 715,196 715,196 

020 FIELD LOGISTICS ..................................................................... 677,608 677,608 

030 DEPOT MAINTENANCE ........................................................... 190,713 78,713 

Transfer to OCO: Depot Maintenance. ..................................... [–112,000 ] 

040 MARITIME PREPOSITIONING ................................................ 101,464 101,464 

050 NORWAY PREPOSITIONING ................................................... 0 0 

060 SUSTAINMENT, RESTORATION, & MODERNIZATION ...... 823,390 823,390 

070 BASE OPERATING SUPPORT ................................................. 2,208,949 1,973,949 

Transfer to OCO: Readiness and Depot Maintenance (BA–1 

Undistributed). ....................................................................... [–235,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 4,717,320 4,370,320 

BA 03: TRAINING AND RECRUITING 

080 RECRUIT TRAINING ................................................................. 18,280 18,280 

090 OFFICER ACQUISITION ........................................................... 820 820 

100 SPECIALIZED SKILL TRAINING ........................................... 85,816 85,816 

110 FLIGHT TRAINING ................................................................... 0 0 

120 PROFESSIONAL DEVELOPMENT EDUCATION .................. 33,142 33,142 

130 TRAINING SUPPORT ................................................................ 324,643 324,643 

140 RECRUITING AND ADVERTISING ......................................... 184,432 184,432 

150 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 43,708 43,708 

160 JUNIOR ROTC ............................................................................ 19,671 19,671 

TOTAL, BA03: TRAINING AND RECRUITING ........... 710,512 

BA 04: ADMIN & SRVWD ACTIVITIES 

170 SPECIAL SUPPORT ................................................................... 0 0 

180 SERVICEWIDE TRANSPORTATION ....................................... 36,021 31,021 

Incorrect Price Growth Rate Used for Commercial Transportation. ..................................................................................... [–5,000 ] 

190 ADMINISTRATION ..................................................................... 405,431 405,431 

200 ACQUISITION & PROGRAM MANAGEMENT ........................ 91,153 91,153 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 532,605 527,605 

UNDISTRIBUTED 

210 UNDISTRIBUTED ...................................................................... –199,300 

Reduction in funding for DoD business systems ...................... [–5,700 ] 

Unobligated balances ................................................................. [–21,600 ] 

OMMC Request Inconsistent with Information Technology 

Budget Justification for the Operational Support Systems— 

Command and Control. .......................................................... [–20,000 ] 
785 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

Printing & Reproduction (10% cut)—Efficiency. ..................... [–6,500 ] 

Studies, Analysis & Evaluations (10% cut)—Efficiency. .......... [–500 ] 

Target area for reduction as cited by Marine Corps. ................ [–145,000 ] 

TOTAL, OPERATION & MAINTENANCE, MARINE 

CORPS .................................................................................... 5,960,437 5,409,137 

OPERATION & MAINTENANCE, NAVY RES 

BA 01: OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................... 622,868 622,868 

020 INTERMEDIATE MAINTENANCE .......................................... 16,041 16,041 

030 AIR OPERATIONS AND SAFETY SUPPORT ......................... 1,511 1,511 

040 AIRCRAFT DEPOT MAINTENANCE ....................................... 123,547 123,547 

050 AIRCRAFT DEPOT OPERATIONS SUPPORT ....................... 379 379 

060 MISSION AND OTHER SHIP OPERATIONS ......................... 49,701 49,701 

070 SHIP OPERATIONS SUPPORT & TRAINING ........................ 593 593 

080 SHIP DEPOT MAINTENANCE ................................................. 53,916 53,916 

090 COMBAT COMMUNICATIONS .................................................. 15,445 15,445 

100 COMBAT SUPPORT FORCES ................................................... 153,942 153,942 

110 WEAPONS MAINTENANCE ...................................................... 7,292 7,292 

120 ENTERPRISE INFORMATION ................................................. 75,131 75,131 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION 72,083 72,083 

140 BASE OPERATING SUPPORT ................................................. 109,024 109,024 

TOTAL, BA 01: OPERATING FORCES ........................... 1,301,473 1,301,473 

BA 04: ADMIN & SRVWD ACTIVITIES 

150 ADMINISTRATION ..................................................................... 1,857 1,857 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 14,438 14,438 

170 SERVICEWIDE COMMUNICATIONS ....................................... 2,394 2,394 

180 ACQUISITION AND PROGRAM MANAGEMENT .................. 2,972 2,972 

190 CANCELLED ACCOUNT ADJUSTMENTS ............................. 0 0 

200 JUDGMENT FUND .................................................................... 0 0 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 21,661 21,661 

TOTAL, OPERATION & MAINTENANCE, NAVY 

RES .......................................................................................... 1,323,134 1,323,134 

OPERATION & MAINTENANCE, MC RESERVE 

BA 01: OPERATING FORCES 

010 OPERATING FORCES ............................................................... 94,604 94,604 

020 DEPOT MAINTENANCE ........................................................... 16,382 16,382 

030 TRAINING SUPPORT ................................................................ 0 0 

040 SUSTAINMENT, RESTORATION AND MODERNIZATION 31,520 31,520 

050 BASE OPERATING SUPPORT ................................................. 105,809 105,809 

TOTAL, BA 01: OPERATING FORCES ........................... 248,315 248,315 

BA 04: ADMIN & SRVWD ACTIVITIES 

060 SPECIAL SUPPORT ................................................................... 0 0 

070 SERVICEWIDE TRANSPORTATION ....................................... 852 852 

080 ADMINISTRATION ..................................................................... 13,257 13,257 

090 RECRUITING AND ADVERTISING ......................................... 9,019 9,019 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 23,128 23,128 

TOTAL, OPERATION & MAINTENANCE, MC RESERVE .................................................................................... 271,443 271,443 

OPERATION & MAINTENANCE, AIR FORCE 

BA 01: OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................... 4,224,400 4,154,400 

Transfer to OCO: Theater Security Package. ........................... [–70,000 ] 

020 COMBAT ENHANCEMENT FORCES ...................................... 3,417,731 3,379,731 

Unjustified Increase in Travel. .................................................. [–10,000 ] 

Removal of One-Time FY11 Costs for Administrative Support 

for Contractor to Civilian Conversions. ................................. [–4,000 ] 

Removal of One-Time FY11 Costs for Software Maintenance 

Requirements. ........................................................................ [–24,000 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,482,814 1,482,814 

040 MISSION SUPPORT OPERATIONS ......................................... 0 0 

050 DEPOT MAINTENANCE ........................................................... 2,204,131 2,204,131 
786 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

060 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 1,652,318 1,652,318 

070 BASE SUPPORT ......................................................................... 2,507,179 2,482,179 

Budget Justification Does Not Match Summary of Price and 

Program Changes for Utilities. .............................................. [–25,000 ] 

080 GLOBAL C3I AND EARLY WARNING .................................... 1,492,459 1,492,459 

090 OTHER COMBAT OPS SPT PROGRAMS ................................ 1,046,226 1,032,226 

Removal of One-Time FY11 Costs for Administrative Support 

for Contractor to Civilian Conversions. ................................. [–14,000 ] 

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ..... 696,188 696,188 

110 LAUNCH FACILITIES ............................................................... 321,484 321,484 

120 SPACE CONTROL SYSTEMS .................................................... 633,738 626,738 

Removal of One-Time FY11 Costs for Administrative Support 

for Contractor to Civilian Conversions. ................................. [–7,000 ] 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................................................ 735,488 698,128 

Strategic Command Program Decreases Not Accounted for in 

Budget Documentation. ......................................................... [–20,000 ] 

Transfer to OCO: CENTCOM HQ C4. .................................... [–12,500 ] 

Transfer to OCO: CENTCOM Public Affairs. .......................... [–4,860 ] 

140 COMBATANT COMMANDERS CORE OPERATIONS ............ 170,481 170,481 

TOTAL, BA 01: OPERATING FORCES ........................... 20,584,637 20,393,277 

BA 02: MOBILIZATION 

150 AIRLIFT OPERATIONS ............................................................. 2,988,221 2,988,221 

160 MOBILIZATION PREPAREDNESS .......................................... 150,724 150,724 

170 DEPOT MAINTENANCE ........................................................... 373,568 373,568 

180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 388,103 388,103 

190 BASE SUPPORT ......................................................................... 674,230 634,230 

Budget Justification Does Not Match Summary of Price and 

Program Changes for Utilities. .............................................. [–25,000 ] 

Unjustified Growth for Competitive Sourcing and 

Privitization. .......................................................................... [–15,000 ] 

TOTAL, BA 02: MOBILIZATION ....................................... 4,574,846 4,534,846 

BA 03: TRAINING AND RECRUITING 

200 OFFICER ACQUISITION ........................................................... 114,448 114,448 

210 RECRUIT TRAINING ................................................................. 22,192 22,192 

220 RESERVE OFFICERS TRAINING CORPS (ROTC) ............... 90,545 90,545 

230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 430,090 430,090 

240 BASE SUPPORT ......................................................................... 789,654 789,654 

250 SPECIALIZED SKILL TRAINING ........................................... 481,357 471,357 

Budget Justification Does Not Match Summary of Price and 

Program Changes for Equipment Maintenance by Contract. [–10,000 ] 

260 FLIGHT TRAINING ................................................................... 957,538 957,538 

270 PROFESSIONAL DEVELOPMENT EDUCATION .................. 198,897 198,897 

280 TRAINING SUPPORT ................................................................ 108,248 108,248 

290 DEPOT MAINTENANCE ........................................................... 6,386 6,386 

300 RECRUITING AND ADVERTISING ......................................... 136,102 136,102 

310 EXAMINING ................................................................................ 3,079 3,079 

320 OFF-DUTY AND VOLUNTARY EDUCATION ........................ 167,660 167,660 

330 CIVILIAN EDUCATION AND TRAINING ............................... 202,767 202,767 

340 JUNIOR ROTC ............................................................................ 75,259 75,259 

TOTAL, BA 03: TRAINING AND RECRUITING .......... 3,784,222 3,774,222 

BA 04: ADMIN & SRVWD ACTIVITIES 

350 LOGISTICS OPERATIONS ........................................................ 1,112,878 1,112,878 

360 TECHNICAL SUPPORT ACTIVITIES ..................................... 785,150 785,150 

370 DEPOT MAINTENANCE ........................................................... 14,356 14,356 

380 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 416,588 416,588 

390 BASE SUPPORT ......................................................................... 1,219,043 1,219,043 

400 ADMINISTRATION ..................................................................... 662,180 497,180 

Program decrease ...................................................................... [–165,000 ] 

410 SERVICEWIDE COMMUNICATIONS ....................................... 650,689 650,689 

420 OTHER SERVICEWIDE ACTIVITIES ..................................... 1,078,769 953,769 

Air Force funds for Space Shuttle (for museum) ..................... [–14,000 ] 

Program decrease ...................................................................... [–104,000 ] 
787 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

Budget Justification Does Not Match Summary of Price and 

Program Changes for DFAS. ................................................ [–7,000 ] 

430 CIVIL AIR PATROL .................................................................... 23,338 23,338 

440 JUDGMENT FUND REIMBURSEMENT ................................ 0 0 

460 INTERNATIONAL SUPPORT ................................................... 72,589 72,589 

460A CLASSIFIED PROGRAMS ......................................................... 1,215,848 1,217,348 

Classified adjustment ................................................................. [1,500 ] 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 7,251,428 6,962,928 

UNDISTRIBUTED 

470 UNDISTRIBUTED ...................................................................... –1,204,400 

Reduction in funding for contract services ................................ [–144,200 ] 

Reduction in funding for DoD business systems ...................... [–26,200 ] 

Management efficiencies in the military intelligence program .. [–46,600 ] 

Unobligated balances ................................................................. [–143,700 ] 

Transfer to OCO: Readiness and Depot Maintenance (BA–1 

Undistributed). ....................................................................... [–470,000 ] 

Printing & Reproduction (10% cut)—Efficiency. ..................... [–7,200 ] 

Studies, Analysis & Evaluations (10% cut)—Efficiency. .......... [–2,500 ] 

Target area for reduction as cited by Air Force. ...................... [–364,000 ] 

TOTAL, OPERATION & MAINTENANCE, AIR 

FORCE .................................................................................... 36,195,133 34,460,873 

OPERATION & MAINTENANCE, AF RESERVE 

BA 01: OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................... 2,171,853 2,171,853 

020 MISSION SUPPORT OPERATIONS ......................................... 116,513 116,513 

030 DEPOT MAINTENANCE ........................................................... 471,707 471,707 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 77,161 77,161 

050 BASE SUPPORT ......................................................................... 308,974 308,974 

TOTAL, BA 01: OPERATING FORCES ........................... 3,146,208 3,146,208 

BA 04: ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ..................................................................... 84,423 84,423 

070 RECRUITING AND ADVERTISING ......................................... 17,076 17,076 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) ............ 19,688 19,688 

090 OTHER PERS SUPPORT (DISABILITY COMP) .................... 6,170 6,170 

100 AUDIOVISUAL ............................................................................ 794 794 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 128,151 128,151 

TOTAL, OPERATION & MAINTENANCE, AF RESERVE .................................................................................... 3,274,359 3,274,359 

OPERATION & MAINTENANCE, ANG 

BA 01: OPERATING FORCES 

010 AIRCRAFT OPERATIONS ......................................................... 3,651,900 3,651,900 

020 MISSION SUPPORT OPERATIONS ......................................... 751,519 751,519 

030 DEPOT MAINTENANCE ........................................................... 753,525 753,525 

040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 284,348 284,348 

050 BASE SUPPORT ......................................................................... 621,942 588,442 

O&M Air National Guard Request Inconsistent with Information Technology Budget Justification for Base Level Communication Infrastructure. ..................................................... [–23,500 ] 

O&M Air National Guard Request Inconsistent with MIP 

Budget Justification for Air Intelligence Systems. ............... [–10,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 6,063,234 6,029,734 

BA 04: ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ..................................................................... 39,387 39,387 

070 RECRUITING AND ADVERTISING ......................................... 33,659 33,659 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 73,046 73,046 

TOTAL, OPERATION & MAINTENANCE, ANG .......... 6,136,280 6,102,780 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

BA 01: OPERATING FORCES 
788 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

020 SPECIAL OPERATIONS COMMAND ....................................... 3,986,766 3,893,859 

Civilian pay freeze and projected personnel reductions ............. [–10,000 ] 

Sustaining Base Communications—Excessive Gowth ............... [–8,000 ] 

Aviation Foreign Internal Defense ............................................ [–17,607 ] 

Military Information Support Activities—Transfer to OCO ..... [–57,300 ] 

010 JOINT CHIEFS OF STAFF ....................................................... 563,787 558,287 

Reduce Civilian Personnel FY12 Average Salary Growth. ....... [–5,500 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 4,550,553 4,452,146 

BA 03: TRAINING AND RECRUITING 

030 DEFENSE ACQUISITION UNIVERSITY ................................ 124,075 124,075 

040 NATIONAL DEFENSE UNIVERSITY ..................................... 93,348 93,348 

TOTAL, BA 03: TRAINING AND RECRUITING .......... 217,423 217,423 

BA 04: ADMIN & SRVWD ACTIVITIES 

070 DEFENSE BUSINESS TRANSFORMATION AGENCY ......... 0 0 

050 CIVIL MILITARY PROGRAMS .................................................. 159,692 159,692 

080 DEFENSE CONTRACT AUDIT AGENCY ............................... 508,822 508,822 

090 DEFENSE CONTRACT MANAGEMENT AGENCY ................ 1,147,366 1,147,366 

100 DEFENSE FINANCE AND ACCOUNTING SERVICE ........... 12,000 12,000 

110 DEFENSE HUMAN RESOURCES ACTIVITY ........................ 676,419 646,419 

Overstatement of FY12 Costs for Civilian Personnel ............... [–30,000 ] 

120 DEFENSE INFORMATION SYSTEMS AGENCY ................... 1,360,392 1,360,392 

150 DEFENSE LOGISTICS AGENCY ............................................. 450,863 450,863 

140 DEFENSE LEGAL SERVICES AGENCY ................................ 37,367 37,367 

160 DEFENSE MEDIA ACTIVITY ................................................... 256,133 256,133 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ..... 2,768,677 2,648,677 

DoD recommended reduction to MyCAA .................................. [–120,000 ] 

170 DEFENSE POW/MIA OFFICE .................................................. 22,372 22,372 

180 DEFENSE SECURITY COOPERATION AGENCY ................. 682,831 530,551 

Reduction to Global Train and Equip ....................................... [–150,000 ] 

Program decrease—Security Cooperation Assessment Office ... [–2,280 ] 

190 DEFENSE SECURITY SERVICE ............................................. 505,366 505,366 

210 DEFENSE THREAT REDUCTION AGENCY ......................... 432,133 432,133 

200 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 33,848 33,848 

230 MISSILE DEFENSE AGENCY .................................................. 202,758 202,758 

250 OFFICE OF ECONOMIC ADJUSTMENT ................................ 81,754 48,754 

Ahead of need—Guam FSRM ................................................... [–33,000 ] 

260 OFFICE OF THE SECRETARY OF DEFENSE ..................... 2,201,964 2,181,964 

Unjustified Growth for Equipment Maintenance by Contract. [–10,000 ] 

Additional Efficiences Based on Disestablishment of the ASD/ 

NII. ........................................................................................ [–10,000 ] 

270 WASHINGTON HEADQUARTERS SERVICE ......................... 563,184 550,684 

Removal of FY11 Costs Budgeted for Boards, Commissions 

and Task Forces. ................................................................... [–6,000 ] 

Removal of FY11 Costs Budgeted for the Defense Agencies 

Initiative. ................................................................................ [–6,500 ] 

270A CLASSIFIED PROGRAMS ......................................................... 14,068,492 13,911,653 

Classified adjustment ................................................................. [–156,839 ] 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 26,172,433 25,647,814 

UNDISTRIBUTED 

280 UNDISTRIBUTED ...................................................................... –874,800 

Reduction in funding for contract services ................................ [–694,800 ] 

Reduction in funding for DoD business systems ...................... [–27,600 ] 

Management efficiencies in the military intelligence program .. [–41,300 ] 

Impact Aid ................................................................................. [25,000 ] 

Severe disabilities ....................................................................... [5,000 ] 

Unobligated balances ................................................................. [–119,900 ] 

Printing & Reproduction (10% cut)—Efficiency. ..................... [–4,300 ] 

Studies, Analysis & Evaluations (10% cut)—Efficiency. .......... [–16,900 ] 

TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE ....................................................................... 30,940,409 29,442,583 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, 

DEFENSE ................................................................................ 13,861 13,861 

010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 107,662 107,662 
789 

†S 1867 ES

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

010 FORMER SOVIET UNION (FSU) THREAT REDUCTION ... 508,219 508,219 

010 ACQ WORKFORCE DEV FD ..................................................... 305,501 305,501 

030 ENVIRONMENTAL RESTORATION, ARMY .......................... 346,031 346,031 

050 ENVIRONMENTAL RESTORATION, NAVY ........................... 308,668 308,668 

070 ENVIRONMENTAL RESTORATION, AIR FORCE ................ 525,453 525,453 

090 ENVIRONMENTAL RESTORATION, DEFENSE ................... 10,716 10,716 

110 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ........................................................................................ 276,495 276,495 

130 OVERSEAS CONTINGENCY OPERATIONS TRANSFER 

FUND ........................................................................................ 5,000 5,000 

TOTAL, MISCELLANEOUS APPROPRIATIONS ........ 2,407,606 2,407,606 

DEFERRED EXPENSES FOR FOREIGN OPERATIONS .................................................................................. 406,605 

Deferred Expenses for foreign operations ................................. [406,605 ] 

TOTAL, OPERATION & MAINTENANCE ..................... 170,759,313 160,846,587 
790 

†S 1867 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

OPERATION & MAINTENANCE, ARMY 

BA 01: OPERATING FORCES 

040 THEATER LEVEL ASSETS ...................................................... 3,424,314 3,453,306 

Transfer from Base: Theater Demand Reduction. .................... [18,692 ] 

Transfer from Base: UAS—Gray Eagle Satellite Service. ....... [10,300 ] 

050 LAND FORCES OPERATIONS SUPPORT .............................. 1,534,886 1,580,290 

Transfer from Base: MRAP Vehicle Sustainment at Combat 

Training Centers. ................................................................... [6,420 ] 

Transfer from Base: National Training Center Tier Two Level 

Maintenance Contract. ........................................................... [24,000 ] 

Transfer from Base: Theater Demand Reduction. .................... [14,984 ] 

060 AVIATION ASSETS .................................................................... 87,166 148,671 

Transfer from Base: Theater Demand Reduction. .................... [61,505 ] 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 2,675,821 2,747,481 

Transfer from Base: Body Armor Sustainment. ....................... [71,660 ] 

080 LAND FORCES SYSTEMS READINESS ................................. 579,000 579,000 

090 LAND FORCES DEPOT MAINTENANCE ............................... 1,000,000 1,000,000 

100 BASE OPERATIONS SUPPORT ............................................... 951,371 1,151,371 

Transfer from Base: Overseas Security Guards. ....................... [200,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ........................................................................... 250,000 250,000 

140 ADDITIONAL ACTIVITIES ....................................................... 22,998,441 23,099,456 

Transfer from Base, SAG 111: MRAP Vehicle Sustainment. .. [2,539 ] 

Transfer from Base, SAG 111: Theater Demand Reduction. ... [148,194 ] 

Transfer from Base, SAG 112: Theater Demand Reduction. ... [2,282 ] 

Sychronization Pre-Deployment and Operational Tracker 

(SPOT) Fully funded in FY12 OMDW Base Request. ........ [–12,000 ] 

ARGUS A–160 Deployment Delays. ......................................... [–40,000 ] 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ....... 425,000 400,000 

Termination of CERP in Iraq ................................................... [–25,000 ] 

160 RESET .......................................................................................... 3,955,429 3,955,429 

UNDISTRIBUTED ...................................................................... 0 3,000,000 

Transfer from Base: Readiness and Depot Maintenance (BA– 

1 Undistributed). ................................................................... [3,000,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 37,881,428 41,365,004 

BA 04: ADMIN & SRVWIDE ACTIVITIES 

340 SECURITY PROGRAMS ............................................................. 2,476,766 2,476,766 

350 SERVICEWIDE TRANSPORTATION ....................................... 3,507,186 3,507,186 

360 CENTRAL SUPPLY ACTIVITIES ............................................. 50,740 50,740 

380 AMMUNITION MANAGEMENT ................................................ 84,427 84,427 

400 SERVICEWIDE COMMUNICATIONS ....................................... 66,275 66,275 

420 OTHER PERSONNEL SUPPORT ............................................. 143,391 143,391 

430 OTHER SERVICE SUPPORT .................................................... 92,067 92,067 

TOTAL, BA 04: ADMIN & SRVWIDE ACTIVITIES .... 6,420,852 6,420,852 

TOTAL, OPERATION & MAINTENANCE, ARMY ...... 44,302,280 47,785,856 

OPERATION & MAINTENANCE, ARMY RES 

BA 01: OPERATING FORCES 

030 ECHELONS ABOVE BRIGADE ................................................ 84,200 84,200 

050 LAND FORCES OPERATIONS SUPPORT .............................. 28,100 28,100 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 20,700 10,700 

Duplicate Request for Military Pay Support Contract (requested both in SAG 121 and 131). ...................................... [–10,000 ] 

100 BASE OPERATIONS SUPPORT ............................................... 84,500 84,500 

TOTAL, BA 01: OPERATING FORCES ........................... 217,500 207,500 

TOTAL, OPERATION & MAINTENANCE, ARMY 

RES .......................................................................................... 217,500 207,500 

OPERATION & MAINTENANCE, ARNG 

BA 01: OPERATING FORCES 

010 MANEUVER UNITS ................................................................... 89,930 89,930 

060 AVIATION ASSETS .................................................................... 130,848 130,848 
791 

†S 1867 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

070 FORCE READINESS OPERATIONS SUPPORT ..................... 110,011 110,011 

100 BASE OPERATIONS SUPPORT ............................................... 34,788 34,788 

120 MANAGEMENT AND OPERATIONAL HQ ............................. 21,967 21,967 

TOTAL, BA 01: OPERATING FORCES ........................... 387,544 387,544 

TOTAL, OPERATION & MAINTENANCE, ARNG ...... 387,544 387,544 

AFGHANISTAN SECURITY FORCES FUND 

BA 01: MINISTRY OF DEFENSE 

010 INFRASTRUCTURE ................................................................... 1,304,350 1,304,350 

020 EQUIPMENT AND TRANSPORTATION ................................. 1,667,905 1,432,490 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement .................................................. [–235,415 ] 

030 TRAINING AND OPERATIONS ................................................ 751,073 751,073 

040 SUSTAINMENT ........................................................................... 3,331,774 3,033,984 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement .................................................. [–297,790 ] 

TOTAL, BA 01: MINISTRY OF DEFENSE ..................... 7,055,102 6,521,897 

BA 01: MINISTRY OF INTERIOR 

060 INFRASTRUCTURE ................................................................... 1,128,584 1,128,584 

070 EQUIPMENT AND TRANSPORTATION ................................. 1,530,420 601,915 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement .................................................. [–928,505 ] 

080 TRAINING AND OPERATIONS ................................................ 1,102,430 1,102,430 

090 SUSTAINMENT ........................................................................... 1,938,715 1,800,425 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement .................................................. [–138,290 ] 

TOTAL, BA 01: MINISTRY OF INTERIOR .................... 5,700,149 4,633,354 

BA 03: ASSOCIATED ACTIVITIES 

110 SUSTAINMENT ........................................................................... 21,187 21,187 

120 TRAINING AND OPERATIONS ................................................ 7,344 7,344 

130 INFRASTRUCTURE ................................................................... 15,000 15,000 

150 EQUIPMENT AND TRANSPORTATION ................................. 1,218 1,218 

TOTAL, BA 03: ASSOCIATED ACTIVITIES .................. 44,749 44,749 

TOTAL, AFGHANISTAN SECURITY FORCES 

FUND ...................................................................................... 12,800,000 11,200,000 

AFGHANISTAN INFRASTRUCTURE FUND 

BA 01: AFGHANISTAN INFRASTRUCTURE FUND 

010 POWER ......................................................................................... 300,000 300,000 

020 TRANSPORTATION ................................................................... 100,000 100,000 

030 WATER ......................................................................................... 50,000 50,000 

040 OTHER RELATED ACTIVITIES .............................................. 25,000 25,000 

TOTAL, BA 01: AFGHANISTAN INFRASTRUCTURE 

FUND ...................................................................................... 475,000 400,000 

UNDISTRIBUTED 

050 UNDISTRIBUTED ...................................................................... –75,000 

Undistributed Reduction ............................................................ [–75,000 ] 

TOTAL, AFGHANISTAN INFRASTRUCTURE FUND 475,000 400,000 

OPERATION & MAINTENANCE, NAVY 

BA 01: OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................... 1,058,114 1,038,114 

Unjustified Growth for TAD/TDY. ........................................... [–20,000 ] 

020 FLEET AIR TRAINING ............................................................. 7,700 7,700 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES .......................................................................................... 9,200 9,200 

040 AIR OPERATIONS AND SAFETY SUPPORT ......................... 12,934 12,934 

050 AIR SYSTEMS SUPPORT .......................................................... 39,566 39,566 

060 AIRCRAFT DEPOT MAINTENANCE ....................................... 174,052 174,052 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ....................... 1,586 1,586 

080 AVIATION LOGISTICS .............................................................. 50,852 50,852 

090 MISSION AND OTHER SHIP OPERATIONS ......................... 1,132,948 1,132,948 

100 SHIP OPERATIONS SUPPORT & TRAINING ........................ 26,822 26,822 

110 SHIP DEPOT MAINTENANCE ................................................. 998,172 998,172 
792 

†S 1867 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

130 COMBAT COMMUNICATIONS .................................................. 26,533 26,533 

160 WARFARE TACTICS .................................................................. 22,657 22,657 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 28,141 28,141 

180 COMBAT SUPPORT FORCES ................................................... 1,932,640 1,932,640 

190 EQUIPMENT MAINTENANCE ................................................. 19,891 19,891 

210 COMBATANT COMMANDERS CORE OPERATIONS ............ 5,465 5,465 

220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................................................ 2,093 2,093 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...................... 125,460 125,460 

260 WEAPONS MAINTENANCE ...................................................... 201,083 201,083 

270 OTHER WEAPON SYSTEMS SUPPORT ................................. 1,457 1,457 

280 ENTERPRISE INFORMATION ................................................. 5,095 5,095 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION 26,793 26,793 

300 BASE OPERATING SUPPORT ................................................. 352,210 344,880 

Civilian Pay Overstatement Due to No Requirement for FTE 

in this SAG. ........................................................................... [–7,330 ] 

UNDISTRIBUTED ...................................................................... 0 495,000 

Transfer from Base: Readiness and Depot Maintenance (BA– 

1 Undistributed). ................................................................... [495,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 6,261,464 6,729,134 

BA 02: MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE ................................... 29,010 29,010 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ............. 34,300 34,300 

360 COAST GUARD SUPPORT ........................................................ 258,278 0 

Transfer to Department of Homeland Security. ....................... [–258,278 ] 

TOTAL, BA 02: MOBILIZATION ....................................... 321,588 63,310 

BA 03: TRAINING AND RECRUITING 

400 SPECIALIZED SKILL TRAINING ........................................... 69,961 69,961 

430 TRAINING SUPPORT ................................................................ 5,400 5,400 

TOTAL, BA 03: TRAINING AND RECRUITING .......... 75,361 75,361 

BA 04: ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ..................................................................... 2,348 2,348 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........................................................................................ 6,142 6,142 

520 OTHER PERSONNEL SUPPORT ............................................. 5,849 5,849 

530 SERVICEWIDE COMMUNICATIONS ....................................... 28,511 28,511 

550 SERVICEWIDE TRANSPORTATION ....................................... 263,593 263,593 

580 ACQUISITION AND PROGRAM MANAGEMENT .................. 17,414 17,414 

610 SPACE AND ELECTRONIC WARFARE SYSTEMS ............... 1,075 1,075 

620 NAVAL INVESTIGATIVE SERVICE ........................................ 6,564 6,564 

650 FOREIGN COUNTERINTELLIGENCE ................................... 14,598 14,598 

700A CLASSIFIED PROGRAMS ......................................................... 2,060 2,060 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 348,154 348,154 

TOTAL, OPERATION & MAINTENANCE, NAVY ....... 7,006,567 7,215,959 

OPERATION & MAINTENANCE, MARINE CORPS 

BA 01: OPERATING FORCES 

010 OPERATIONAL FORCES .......................................................... 2,069,485 2,096,485 

Family of Shelters and Shelters Equipment ............................. [27,000 ] 

020 FIELD LOGISTICS ..................................................................... 575,843 575,843 

030 DEPOT MAINTENANCE ........................................................... 251,100 363,100 

Tranfer from Base: Depot Maintenance. .................................. [112,000 ] 

070 BASE OPERATING SUPPORT ................................................. 82,514 82,514 

UNDISTRIBUTED ...................................................................... 0 235,000 

Transfer from Base: Readiness and Depot Maintenance (BA– 

1 Undistributed). ................................................................... [235,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 12,455,768 3,352,942 

BA 03: TRAINING AND RECRUITING 

130 TRAINING SUPPORT ................................................................ 209,784 209,784 

TOTAL, BA03: TRAINING AND RECRUITING ........... 209,784 209,784 

BA 04: ADMIN & SRVWD ACTIVITIES 

180 SERVICEWIDE TRANSPORTATION ....................................... 376,495 376,495 

190 ADMINISTRATION ..................................................................... 5,989 5,989 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 382,484 382,484 
793 

†S 1867 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

TOTAL, OPERATION & MAINTENANCE, MARINE 

CORPS .................................................................................... 3,571,210 3,945,210 

OPERATION & MAINTENANCE, NAVY RES 

BA 01: OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS .................... 38,402 38,402 

020 INTERMEDIATE MAINTENANCE .......................................... 400 400 

040 AIRCRAFT DEPOT MAINTENANCE ....................................... 11,330 11,330 

060 MISSION AND OTHER SHIP OPERATIONS ......................... 10,137 10,137 

100 COMBAT SUPPORT FORCES ................................................... 13,827 13,827 

140 BASE OPERATING SUPPORT ................................................. 52 52 

TOTAL, BA 01: OPERATING FORCES ........................... 74,148 74,148 

TOTAL, OPERATION & MAINTENANCE, NAVY 

RES .......................................................................................... 74,148 74,148 

OPERATION & MAINTENANCE, MC RESERVE 

BA 01: OPERATING FORCES 

010 OPERATING FORCES ............................................................... 31,284 31,284 

050 BASE OPERATING SUPPORT ................................................. 4,800 4,800 

TOTAL, BA 01: OPERATING FORCES ........................... 36,084 36,084 

TOTAL, OPERATION & MAINTENANCE, MC RESERVE .................................................................................... 36,084 36,084 

OPERATION & MAINTENANCE, AIR FORCE 

BA 01: OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................... 2,115,901 2,185,901 

Transfer from Base: Theater Security Package. ....................... [70,000 ] 

020 COMBAT ENHANCEMENT FORCES ...................................... 2,033,929 2,033,929 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 46,844 46,844 

050 DEPOT MAINTENANCE ........................................................... 312,361 312,361 

060 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 334,950 334,950 

070 BASE SUPPORT ......................................................................... 641,404 641,404 

080 GLOBAL C3I AND EARLY WARNING .................................... 69,330 69,330 

090 OTHER COMBAT OPS SPT PROGRAMS ................................ 297,015 297,015 

120 SPACE CONTROL SYSTEMS .................................................... 16,833 16,833 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........................................................................................ 46,390 63,750 

Transfer from Base: CENTCOM HQ C4. ................................ [12,500 ] 

Transfer from Base: CENTCOM Public Affairs. ..................... [4,860 ] 

UNDISTRIBUTED ...................................................................... 0 470,000 

Transfer from Base: Readiness and Depot Maintenance (BA– 

1 Undistributed). ................................................................... [470,000 ] 

TOTAL, BA 01: OPERATING FORCES ........................... 5,914,957 6,472,317 

BA 02: MOBILIZATION 

150 AIRLIFT OPERATIONS ............................................................. 3,533,338 3,533,338 

160 MOBILIZATION PREPAREDNESS .......................................... 85,416 85,416 

170 DEPOT MAINTENANCE ........................................................... 161,678 161,678 

180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 9,485 9,485 

190 BASE SUPPORT ......................................................................... 30,033 30,033 

TOTAL, BA 02: MOBILIZATION ....................................... 3,819,950 3,819,950 

BA 03: TRAINING AND RECRUITING 

230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................... 908 908 

240 BASE SUPPORT ......................................................................... 2,280 2,280 

250 SPECIALIZED SKILL TRAINING ........................................... 29,592 29,592 

260 FLIGHT TRAINING ................................................................... 154 154 

270 PROFESSIONAL DEVELOPMENT EDUCATION .................. 691 691 

280 TRAINING SUPPORT ................................................................ 753 753 

TOTAL, BA 03: TRAINING AND RECRUITING .......... 34,378 34,378 

BA 04: ADMIN & SRVWD ACTIVITIES 

350 LOGISTICS OPERATIONS ........................................................ 155,121 155,121 
794 

†S 1867 ES

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

390 BASE SUPPORT ......................................................................... 20,677 20,677 

400 ADMINISTRATION ..................................................................... 3,320 3,320 

410 SERVICEWIDE COMMUNICATIONS ....................................... 111,561 111,561 

420 OTHER SERVICEWIDE ACTIVITIES ..................................... 605,223 605,223 

460A CLASSIFIED PROGRAMS ......................................................... 54,000 54,000 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 949,902 949,902 

UNDISTRIBUTED ...................................................................... –25,000 

Unjustified Growth in Civilian Personnel Costs. ....................... [–25,000 ] 

TOTAL, OPERATION & MAINTENANCE, AIR 

FORCE .................................................................................... 10,719,187 11,251,547 

OPERATION & MAINTENANCE, AF RESERVE 

BA 01: OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................... 4,800 4,800 

030 DEPOT MAINTENANCE ........................................................... 131,000 131,000 

050 BASE SUPPORT ......................................................................... 6,250 6,250 

TOTAL, BA 01: OPERATING FORCES ........................... 142,050 142,050 

TOTAL, OPERATION & MAINTENANCE, AF RESERVE .................................................................................... 142,050 142,050 

OPERATION & MAINTENANCE, ANG 

BA 01: OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ......................................... 34,050 34,050 

TOTAL, BA 01: OPERATING FORCES ........................... 34,050 34,050 

TOTAL, OPERATION & MAINTENANCE, ANG .......... 34,050 34,050 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

BA 01: OPERATING FORCES 

020 SPECIAL OPERATIONS COMMAND ....................................... 3,269,939 3,283,939 

Trans Regional Web Initiative .................................................. [–11,300 ] 

Unjustified Program Growth in Operating Support for Operation New Dawn .................................................................... [–25,000 ] 

Military Information Support Activities—Transfer from Base [50,300 ] 

010 JOINT CHIEFS OF STAFF ....................................................... 2,000 2,000 

TOTAL, BA 01: OPERATING FORCES ........................... 3,271,939 3,285,939 

BA 04: ADMIN & SRVWD ACTIVITIES 

080 DEFENSE CONTRACT AUDIT AGENCY ............................... 23,478 23,478 

090 DEFENSE CONTRACT MANAGEMENT AGENCY ................ 87,925 87,925 

120 DEFENSE INFORMATION SYSTEMS AGENCY ................... 164,520 164,520 

140 DEFENSE LEGAL SERVICES AGENCY ................................ 102,322 67,322 

Unjustified Program Growth. .................................................... [–35,000 ] 

160 DEFENSE MEDIA ACTIVITY ................................................... 15,457 15,457 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ..... 194,100 194,100 

180 DEFENSE SECURITY COOPERATION AGENCY ................. 2,200,000 2,140,000 

Coalition Support Funds: Excess to Need for Contract Renewal ...................................................................................... [–60,000 ] 

260 OFFICE OF THE SECRETARY OF DEFENSE ..................... 143,870 143,870 

270A CLASSIFIED PROGRAMS ......................................................... 3,065,800 3,065,800 

TOTAL, BA 04: ADMIN & SRVWD ACTIVITIES ......... 5,997,472 5,902,472 

TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE ....................................................................... 9,269,411 9,188,411 

UNDISTRIBUTED .................................................................. –4,000,000 

Reduction to reflect policy change on troop strength in Afghanistan ............................................................................... [–4,000,000 ] 

TOTAL, OPERATION & MAINTENANCE ..................... 89,035,031 87,868,359 
795 

†S 1867 ES

TITLE XLIV—OTHER 

AUTHORIZATIONS 

SEC. 4401. OTHER AUTHORIZATIONS. 

SEC. 4401. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND, ARMY 

010 PREPOSITIONED WAR RESERVE STOCKS ......................................... 101,194 91,594 

Reduction in funding for DoD business systems ...................................... [–9,600 ] 

020 PREPOSITIONED WAR RESERVE STOCKS ......................................... 0 0 

TOTAL, WORKING CAPITAL FUND, ARMY ............................... 101,194 91,594 

WORKING CAPITAL FUND, AIR FORCE 

010 TRANSPORTATION FALLEN HEROES ................................................ 0 0 

020 CONTAINER DECONSOLIDATION ........................................................ 0 0 

030 WAR RESERVE MATERIAL ..................................................................... 65,372 55,872 

Reduction in funding for DoD business systems ...................................... [–9,500 ] 

TOTAL, WORKING CAPITAL FUND, AIR FORCE ................... 65,372 55,872 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE LOGISTICS AGENCY (DLA) ................................................. 31,614 31,614 

TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE .......... 31,614 31,614 

WORKING CAPITAL FUND, DECA 

010 WORKING CAPITAL FUND, DECA ........................................................ 1,376,830 1,376,830 

TOTAL, WORKING CAPITAL FUND, DECA ............................... 1,376,830 1,376,830 

NATIONAL DEFENSE SEALIFT FUND 

010 T-AKE .......................................................................................................... 0 0 

020 MPF MLP .................................................................................................... 425,865 425,865 

030 POST DELIVERY AND OUTFITTING .................................................... 24,161 24,161 

040 NATIONAL DEF SEALIFT VESSEL ...................................................... 1,138 1,138 

050 LG MED SPD RO/RO MAINTENANCE ................................................... 92,567 92,567 

060 DOD MOBILIZATION ALTERATIONS ................................................... 184,109 184,109 

070 TAH MAINTENANCE ................................................................................ 40,831 40,831 

080 STRATEGIC SEALIFT SUPPORT ........................................................... 0 0 

090 RESEARCH AND DEVELOPMENT ........................................................ 48,443 48,443 

100 READY RESERVE FORCE ....................................................................... 309,270 309,270 

TOTAL, NATIONAL DEFENSE SEALIFT FUND ....................... 1,126,384 1,126,384 

DEFENSE HEALTH PROGRAM (DHP) 

DHP, OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ....................................................................................... 8,148,856 8,148,856 

020 PRIVATE SECTOR CARE ......................................................................... 16,377,272 16,047,272 

TRICARE Historical Underexecution ...................................................... [–330,000 ] 

030 CONSOLIDATED HEALTH SUPPORT ................................................... 2,193,821 2,193,821 

040 INFORMATION MANAGEMENT ............................................................. 1,422,697 1,422,697 

050 MANAGEMENT ACTIVITIES ................................................................... 312,102 307,102 

Strategic Communications ........................................................................ [–3,000 ] 

Contract savings from Web site consolidation .......................................... [–2,000 ] 

060 EDUCATION AND TRAINING ................................................................. 705,347 693,647 

Unjustified Growth for Travel .................................................................. [–11,700 ] 

070 BASE OPERATIONS/COMMUNICATIONS ............................................. 1,742,451 1,742,451 

SUBTOTAL, DHP, OPERATION & MAINTENANCE ................ 30,902,546 30,555,846 

DHP, RDT&E 

1 IN-HOUSE LABORATORY INDEPENDENT RESEARCH ................... 2,935 2,935 

3 APPLIED BIOMEDICAL TECHNOLOGY ............................................... 33,805 33,805 

4 MEDICAL TECHNOLOGY ........................................................................ 3,694 3,694 

5 MEDICAL ADVANCED TECHNOLOGY .................................................. 767 767 

6 MEDICAL TECHNOLOGY DEVELOPMENT ......................................... 181,042 181,042 

7 MEDICAL PRODUCTS SUPPORT AND ADVANCED CONCEPT DEVELOPMENT .......................................................................................... 167,481 167,481 

8 INFORMATION TECHNOLOGY DEVELOPMENT ............................... 176,345 176,345 

9 MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 34,559 34,559 
796 

†S 1867 ES

SEC. 4401. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

11 MEDICAL PROGRAM-WIDE ACTIVITIES ............................................. 48,313 48,313 

12 MEDICAL PRODUCTS AND CAPABILITIES ENHANCEMENT ACTIVITIES ................................................................................................. 14,765 14,765 

SUBTOTAL, DHP, RDT&E ................................................................. 663,706 663,706 

DHP, PROCUREMENT 

090 PROCUREMENT ........................................................................................ 632,518 632,518 

SUBTOTAL, DHP, PROCUREMENT .............................................. 632,518 632,518 

TOTAL, DEFENSE HEALTH PROGRAM (DHP) ........................ 32,198,770 31,852,070 

CHEM AGENTS & MUNITIONS DESTRUCTION 

01 OPERATION & MAINTENANCE .............................................................. 1,147,691 1,147,691 

02 RDT&E ......................................................................................................... 406,731 406,731 

TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION ..... 1,554,422 1,554,422 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 

010 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ..................................................................................................... 1,156,282 989,282 

Undistributed reduction for contractor support ....................................... [–30,000 ] 

Undistributed reduction to U.S. European Command’s counterdrug activities .................................................................................................... [–5,000 ] 

Office of Naval Intelligence (PC 3359) .................................................... [–3,500 ] 

Strategic communications/program termination (PC 9220) ..................... [–500 ] 

Undistributed Reduction—Excess to Need ............................................... [–128,000 ] 

TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 1,156,282 989,282 

OFFICE OF THE INSPECTOR GENERAL 

010 OFFICE OF THE INSPECTOR GENERAL, O&M .................................. 286,919 327,419 

Program increase—Growth plan ............................................................... [40,500 ] 

020 OFFICE OF THE INSPECTOR GENERAL, RDT&E ............................. 1,600 4,500 

Program increase—Growth plan ............................................................... [2,900 ] 

030 OFFICE OF THE INSPECTOR GENERAL, PROCUREMENT ............ 1,000 1,000 

TOTAL, OFFICE OF THE INSPECTOR GENERAL .................. 289,519 332,919 

TOTAL OTHER AUTHORIZATIONS .............................................. 37,900,387 37,410,987 
797 

†S 1867 ES

SEC. 4402. OTHER AUTHORIZATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND, ARMY 

020 PREPOSITIONED WAR RESERVE STOCKS ..................................... 54,000 54,000 

TOTAL, WORKING CAPITAL FUND, ARMY ........................... 54,000 54,000 

WORKING CAPITAL FUND, AIR FORCE 

010 TRANSPORTATION FALLEN HEROES ............................................ 10,000 10,000 

020 CONTAINER DECONSOLIDATION ..................................................... 2,000 2,000 

TOTAL, WORKING CAPITAL FUND, AIR FORCE ............... 12,000 12,000 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE LOGISTICS AGENCY (DLA) ............................................. 369,013 316,413 

Reduction in funding for DoD business systems .................................. [–52,600 ] 

TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE ...... 369,013 316,413 

DEFENSE HEALTH PROGRAM 

OPERATION & MAINTENANCE 

010 IN-HOUSE CARE .................................................................................... 641,996 641,996 

020 PRIVATE SECTOR CARE ..................................................................... 464,869 464,869 

030 CONSOLIDATED HEALTH SUPPORT ............................................... 95,994 95,994 

040 INFORMATION MANAGEMENT ......................................................... 5,548 5,548 

050 MANAGEMENT ACTIVITIES ............................................................... 751 751 

060 EDUCATION AND TRAINING ............................................................. 16,859 16,859 

070 BASE OPERATIONS/COMMUNICATIONS ......................................... 2,271 2,271 

DEFENSE HEALTH PROGRAM ................................................... 1,228,288 1,228,288 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 

010 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ................................................................................................. 486,458 486,458 

TOTAL, DRUG INTERDICTION AND COUNTER-DRUG 

ACTIVITIES, DEFENSE .............................................................. 486,458 486,458 

OFFICE OF THE INSPECTOR GENERAL 

010 OFFICE OF THE INSPECTOR GENERAL ........................................ 11,055 11,055 

TOTAL, OFFICE OF THE INSPECTOR GENERAL .............. 11,055 11,055 

TOTAL OTHER AUTHORIZATIONS .......................................... 2,160,814 2,108,214 
798 

†S 1867 ES

TITLE XLV—MILITARY 

CONSTRUCTION 

SEC. 4501. MILITARY CONSTRUCTION. 

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Military Construction, Army 

Alaska 

Army Fort Wainwright Aviation Complex, Ph 3a .............................................. 114,000 57,000 

Army Jb Elmendorf-Richardson Physical Fitness Facility .............................................. 26,000 26,000 

Army Jb Elmendorf-Richardson Brigade Complex, Ph 2 ................................................. 74,000 74,000 

Army Jb Elmendorf-Richardson Organizational Parking ................................................. 3,600 3,600 

Alabama 

Army Fort Rucker Combat Readiness Center ............................................. 11,600 11,600 

California 

Army Fort Irwin Qualification Training Range ....................................... 15,500 15,500 

Army Fort Irwin Infantry Squad Battle Course ...................................... 7,500 7,500 

Army Presidio Monterey General Instruction Building ........................................ 3,000 3,000 

Colorado 

Army Fort Carson Brigade Headquarters .................................................. 14,400 14,400 

Army Fort Carson Barracks ........................................................................ 67,000 67,000 

Army Fort Carson Barracks ........................................................................ 46,000 46,000 

Army Fort Carson Control Tower ............................................................... 14,200 14,200 

Army Fort Carson Aircraft Maintenance Hangar ....................................... 63,000 63,000 

Army Fort Carson Aircraft Loading Area .................................................. 34,000 34,000 

Georgia 

Army Fort Benning Rail Loading Facility .................................................... 13,600 13,600 

Army Fort Benning Trainee Barracks Complex, Ph 3 ................................. 23,000 23,000 

Army Fort Gordon Hand Grenade Familiarization Range .......................... 1,450 1,450 

Army Fort Stewart Dog Kennel ................................................................... 2,600 2,600 

Army Fort Benning Land Acquisition ........................................................... 5,100 5,100 

Army Fort Benning Land Acquisition ........................................................... 25,000 25,000 

Hawaii 

Army Fort Shafter Child Development Center ............................................ 17,500 17,500 

Army Schofield Barracks Centralized Wash Facility ............................................. 32,000 32,000 

Army Schofield Barracks Combat Aviation Brigade Complex, Ph 1 ..................... 73,000 73,000 

Kansas 

Army Fort Riley Physical Fitness Facility .............................................. 13,000 13,000 

Army Fort Riley Chapel ........................................................................... 10,400 10,400 

Army Fort Riley Unmanned Aerial Vehicle Maintenance Hangar .......... 60,000 60,000 

Army Forbes Air Field Deployment Support Facility ........................................ 5,300 5,300 

Kentucky 

Army Fort Campbell Vehicle Maintenance Facility ........................................ 16,000 16,000 

Army Fort Campbell Vehicle Maintenance Facility ........................................ 40,000 40,000 

Army Fort Campbell Physical Fitness Facility .............................................. 18,500 18,500 

Army Fort Campbell Unmanned Aerial Vehicle Maintenance Hangar .......... 67,000 67,000 

Army Fort Campbell Scout/Recce Gunnery Range ......................................... 18,000 18,000 

Army Fort Campbell Barracks Complex ......................................................... 65,000 65,000 

Army Fort Campbell Barracks ........................................................................ 23,000 23,000 

Army Fort Knox Automated Infantry Platoon Battle Course ................. 7,000 7,000 

Army Fort Knox Battalion Complex ........................................................ 48,000 48,000 

Louisiana 

Army Fort Polk Fire Station .................................................................. 9,200 9,200 

Army Fort Polk Military Working Dog Facility ..................................... 2,600 2,600 

Army Fort Polk Brigade Complex ........................................................... 23,000 23,000 

Army Fort Polk Multipurpose Machine Gun Range ............................... 8,300 8,300 

Army Fort Polk Land Acquisition ........................................................... 27,000 27,000 

Maryland 

Army Aberdeen Proving 

Ground 

Auto Technology Evaluation Fac, Ph 3 ....................... 15,500 15,500 

Army Aberdeen Proving 

Ground 

Command and Control Facility .................................... 63,000 63,000 

Army Fort Meade Applied Instruction Facility .......................................... 43,000 43,000 

Army Fort Meade Brigade Complex ........................................................... 36,000 36,000 

Missouri 

Army Fort Leonard Wood Vehicle Maintenance Facility ........................................ 49,000 49,000 

North Carolina 

Army Fort Bragg Nco Academy ................................................................ 42,000 42,000 

Army Fort Bragg Access Roads, Ph 2 ....................................................... 18,000 18,000 
799 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Army Fort Bragg Unmanned Aerial Vehicle Maintenance Hangar .......... 54,000 54,000 

Army Fort Bragg Brigade Complex Facilities ........................................... 49,000 49,000 

Army Fort Bragg Battle Command Training Center ................................ 23,000 23,000 

New York 

Army Fort Drum Ammunition Supply Point ............................................ 5,700 5,700 

Army Fort Drum Chapel ........................................................................... 7,600 7,600 

Oklahoma 

Army Fort Sill Physical Fitness Facility .............................................. 25,000 25,000 

Army Fort Sill Chapel ........................................................................... 13,200 13,200 

Army Fort Sill Reception Station, Ph 1 ................................................ 36,000 36,000 

Army Fort Sill Rail Deployment Facility .............................................. 3,400 3,400 

Army Fort Sill Vehicle Maintenance Facility ........................................ 51,000 51,000 

Army Fort Sill Battle Command Training Center ................................ 23,000 23,000 

Army Fort Sill Thaad Instruction Facility ........................................... 33,000 33,000 

Army Mcalester Railroad Tracks ............................................................ 6,300 6,300 

Army Mcalester Ammunition Loading Pads ........................................... 1,700 1,700 

South Carolina 

Army Fort Jackson Trainee Barracks Complex, Ph 2 ................................. 59,000 59,000 

Army Fort Jackson Modified Record Fire Range ........................................ 4,900 4,900 

Texas 

Army Fort Bliss Vehicle Maintenance Facility ........................................ 24,000 0 

Army Fort Bliss Electronics Maintenance Facility ................................. 14,600 14,600 

Army Fort Bliss Infrastructure ............................................................... 14,600 0 

Army Fort Bliss Vehicle Maintenance Facility ........................................ 14,600 14,600 

Army Fort Bliss Barracks Complex ......................................................... 13,000 13,000 

Army Fort Bliss Vehicle Maintenance Facility ........................................ 19,000 19,000 

Army Fort Bliss Jlens Tactical Training Facility ................................... 39,000 39,000 

Army Fort Bliss Water Well, Potable ...................................................... 2,400 2,400 

Army Fort Bliss Applied Instruction Building ........................................ 8,300 8,300 

Army Fort Hood Operational Readiness Training Complex .................... 51,000 51,000 

Army Fort Hood Unmanned Aerial Vehicle Maintenance Hangar .......... 47,000 47,000 

Army Fort Hood Vehicle Maintenance Facility ........................................ 15,500 15,500 

Army Fort Hood Vehicle Maintenance Facility ........................................ 18,500 18,500 

Army Red River Army Depot Maneuver Systems Sustainment Ctr, Ph 3 .................. 44,000 44,000 

Army Jb San Antonio Vehicle Maintenance Facility ........................................ 10,400 10,400 

Utah 

Army Dugway Proving 

Ground 

Life Sciences Test Facility Addition ............................ 32,000 32,000 

Virginia 

Army Fort Belvoir Information Dominance Center, Ph 1 .......................... 52,000 52,000 

Army Fort Belvoir Road and Infrastucture Improvements ......................... 31,000 0 

Army Jb Langley Eustis Aviation Training Facility ............................................ 26,000 26,000 

Washington 

Army Jb Lewis Mcchord Brigade Complex, Ph 2 ................................................. 56,000 56,000 

Army Jb Lewis Mcchord Operational Readiness Training Cplx, Ph 1 ................. 28,000 28,000 

Army Jb Lewis Mcchord Air Support Operations Facilities ................................ 7,300 7,300 

Army Jb Lewis Mcchord Battalion Complex ........................................................ 59,000 59,000 

Army Jb Lewis Mcchord Infrastructure, Ph 1 ..................................................... 64,000 64,000 

Army Jb Lewis Mcchord Aviation Unit Complex, Ph 1a ...................................... 34,000 34,000 

Army Jb Lewis Mcchord Aviation Complex, Ph 1b .............................................. 48,000 48,000 

Afghanistan 

Army Bagram Air Base Entry Control Point ...................................................... 20,000 20,000 

Army Bagram Air Base Construct Drainage System, Ph 3 ................................ 31,000 31,000 

Army Bagram Air Base Barracks, Ph 5 ............................................................. 29,000 29,000 

Germany 

Army Germersheim Infrastructure ............................................................... 16,500 0 

Army Germersheim Central Distribution Facility ........................................ 21,000 0 

Army Grafenwoehr Chapel ........................................................................... 15,500 0 

Army Grafenwoehr Convoy Live Fire Range ............................................... 5,000 5,000 

Army Grafenwoehr Barracks ........................................................................ 17,500 17,500 

Army Landstuhl Satellite Communications Center .................................. 24,000 24,000 

Army Landstuhl Satellite Communications Center .................................. 39,000 39,000 

Army Stuttgart Access Control Point ..................................................... 12,200 12,200 

Army Vilseck Barracks ........................................................................ 20,000 20,000 

Army Oberdachstetten Automated Record Fire Range ..................................... 12,200 12,200 

Honduras 

Army Honduras Various Barracks ........................................................................ 25,000 0 

Korea 

Army Camp Carroll Barracks ........................................................................ 41,000 41,000 

Army Camp Henry Barracks Complex ......................................................... 48,000 48,000 

Worldwide Unspecified 

Army Unspecified Minor Construction ....................................................... 20,000 20,000 

Army Unspecified Host Nation Support .................................................... 25,500 25,500 

Army Unspecified Planning & Design ........................................................ 229,741 169,741 

Total Military Construction, Army ................. 3,235,991 2,971,391 

Military Construction, Navy 
800 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Arizona 

Navy Yuma Double Aircraft Maintenance Hangar .......................... 81,897 81,897 

Navy Yuma Aircraft Maintenance Hangar ....................................... 39,515 39,515 

Navy Yuma JSF Auxiliary Landing Field ....................................... 41,373 41,373 

California 

Navy Barstow Dip Tank Cleaning Facility .......................................... 8,590 8,590 

Navy Bridgeport Multi-Purpose Building—Addition ............................... 19,238 16,138 

Navy Camp Pendleton New Potable Water Conveyance ................................... 113,091 113,091 

Navy Camp Pendleton North Area Waste Water Conveyance .......................... 78,271 78,271 

Navy Camp Pendleton Armory, 1st Marine Division ........................................ 12,606 12,606 

Navy Camp Pendleton Infantry Squad Defense Range .................................... 29,187 29,187 

Navy Camp Pendleton Intersection Bridge and Improvements ........................ 12,476 12,476 

Navy Camp Pendleton Individual Equipment Issue Warehouse ....................... 16,411 16,411 

Navy Camp Pendleton Mv–22 Double Hangar Replacement ............................ 48,345 48,345 

Navy Camp Pendleton Mv–22 Aviation Pavement ............................................ 18,530 18,530 

Navy Camp Pendleton Mv–22 Aviation Fuel Storage ....................................... 6,163 6,163 

Navy Point Mugu E–2d Aircrew Training Facility ................................... 15,377 15,377 

Navy Twentynine Palms Multi-Use Operational Fitness Area ............................. 18,819 18,819 

Navy Twentynine Palms Tracked Vehicle Maintenance Cover ............................. 15,882 15,882 

Navy Twentynine Palms Child Development Center ............................................ 23,743 23,743 

Navy Twentynine Palms Land Expansion ............................................................ 8,665 8,665 

Navy Coronado Fitness Center North Island ......................................... 46,763 32,063 

Navy Coronado Rotary Aircraft Depot Maint Fac (North Is.) ............. 61,672 61,672 

Florida 

Navy Jacksonville P–8a Training Facility ................................................. 25,985 25,985 

Navy Jacksonville P–8a Hangar Upgrades ................................................ 6,085 6,085 

Navy Jacksonville Bams UAS Operator Training Facility ........................ 4,482 4,482 

Navy Mayport Massey Avenue Corridor Improvements ....................... 14,998 14,998 

Navy Whiting Field Applied Instruction Facilities, EOD Course ................ 20,620 20,620 

Georgia 

Navy Kings Bay Crab Island Security Enclave ....................................... 52,913 52,913 

Navy Kings Bay Wra Land/Water Interface ........................................... 33,150 33,150 

Hawaii 

Navy Barking Sands North Loop Electrical Replacement ............................. 9,679 9,679 

Navy Kaneohe Bay MCAS Operations Complex .......................................... 57,704 57,704 

Navy Joint Base Pearl Harbor-Hickam Navy Information Operations Command Fes Fac ....... 7,492 7,492 

Illinois 

Navy Great Lakes Decentralize Steam System .......................................... 91,042 91,042 

Maryland 

Navy Indian Head Decentralize Steam System .......................................... 67,779 67,779 

Navy Patuxent River Aircraft Prototype Facility, Ph 2 ................................. 45,844 45,844 

North Carolina 

Navy Camp Lejeune Bachelor Enlisted Quarters—Wallace Creek ................ 27,439 27,439 

Navy Camp Lejeune Squad Battle Course ..................................................... 16,821 16,821 

Navy Camp Lejeune 2nd Combat Engineer Maintenance/Ops Complex ....... 75,214 75,214 

Navy Camp Lejeune Base Entry Point and Road ......................................... 81,008 81,008 

Navy Cherry Point Marine 

Corps Air Station 

H–1 Helicopter Gearbox Repair & Test Facility .......... 17,760 17,760 

Navy New River Aircraft Maintenance Hangar and Apron .................... 69,511 69,511 

Navy New River Ordnance Loading Area Additiion ................................ 9,419 9,419 

South Carolina 

Navy Beaufort Vertical Landing Pads .................................................. 21,096 21,096 

Virginia 

Navy Norfolk Bachelor Quarters, Homeport Ashore .......................... 81,304 81,304 

Navy Norfolk Decentralize Steam System .......................................... 26,924 26,924 

Navy Portsmouth Controlled Industrial Facility ....................................... 74,864 74,864 

Navy Quantico Waste Water Treatment Plant—Upshur ..................... 9,969 9,969 

Navy Quantico Realign Purvis Rd/Russell Rd Intersection .................. 6,442 6,442 

Navy Quantico Bachelor Enlisted Quarters .......................................... 31,374 31,374 

Navy Quantico Enlisted Dining Facility ............................................... 5,034 5,034 

Navy Quantico the Basic School Student Quarters, Ph 6 .................... 28,488 28,488 

Navy Quantico Embassy Security Group Facilities .............................. 27,079 27,079 

Navy Quantico Academic Instruction Facility ....................................... 75,304 75,304 

Washington 

Navy Bremerton Integrated Dry Dock Water Treatment Fac, Ph1 ....... 13,341 13,341 

Navy Kitsap Waterfront Restricted Area Vehicle Barriers ............... 17,894 17,894 

Navy Kitsap Ehw Security Force Facility (Bangor) ......................... 25,948 25,948 

Navy Kitsap Explosives Handling Wharf #2, Inc 1 ......................... 78,002 78,002 

Bahrain Island 

Navy Sw Asia Bachelor Enlisted Quarters .......................................... 55,010 0 

Navy Sw Asia Waterfront Development, Ph 4 ..................................... 45,194 0 

Diego Garcia 

Navy Diego Garcia Potable Water Plant Modernization ............................. 35,444 35,444 

Djibouti 

Navy Camp Lemonier Bachelor Quarters ......................................................... 43,529 43,529 

Navy Camp Lemonier Aircraft Logistics Apron ............................................... 35,170 35,170 

Navy Camp Lemonier Taxiway Enhancement .................................................. 10,800 10,800 
801 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Guam 

Navy Joint Region Marianas North Ramp Utilities—Anderson AFB, Inc 2 ............. 78,654 0 

Navy Joint Region Marianas Finegayan Water Utilities ............................................ 77,267 0 

Worldwide Unspecified 

Navy Unspecified Unspecified Minor Constr ............................................. 21,495 21,495 

Navy Unspecified Planning and Design .................................................... 84,362 69,362 

Total Military Construction, Navy ................. 2,461,547 2,172,622 

Military Construction, Air Force 

Alaska 

AF Eielson AFB Dormitory (168 Rm) ..................................................... 45,000 45,000 

AF Jb Elmendorf-Richardson Brigade Combat Team (Light) Complex, (480 Rm) .... 97,000 97,000 

Arizona 

AF Davis-Monthan AFB Ec–130h Simulator/Training Operations ..................... 20,500 20,500 

AF Davis-Monthan AFB HC–130J Joint Use Fuel Cell ...................................... 12,500 12,500 

AF Luke AFB F–35 Adal Aircraft Maintenance Unit ......................... 6,000 6,000 

AF Luke AFB F–35 Squad Ops/AMU 2 .............................................. 18,000 18,000 

California 

AF Travis AFB Dormitory (144 Rm) ..................................................... 22,000 22,000 

AF Vandenberg AFB Education Center .......................................................... 14,200 14,200 

Colorado 

AF U.S. Air Force Academy Construct Large Vehicle Inspection Facility ................ 13,400 13,400 

Delaware 

AF Dover AFB C–5m Formal Training Unit Facility ........................... 2,800 2,800 

Florida 

AF Patrick AFB Air Force Technical Applications Ctr, Inc 2 ................ 79,000 79,000 

Kansas 

AF Fort Riley Air Support Operations Center .................................... 7,600 7,600 

Louisiana 

AF Barksdale AFB Mission Support Group Complex .................................. 23,500 23,500 

Missouri 

AF Whiteman AFB Wsa Security Control Facility ...................................... 4,800 4,800 

North Carolina 

AF Pope AFB C–130 Flight Simulator ................................................ 6,000 6,000 

North Dakota 

AF Minot AFB Dormitory (168 Rm) ..................................................... 22,000 22,000 

AF Minot AFB B–52 3–Bay Conventional Munitions Maintenance ..... 11,800 11,800 

AF Minot AFB B–52 Two-Bay Phase Maintenance Dock .................... 34,000 34,000 

Nebraska 

AF Offutt AFB STRATCOM Replacement Facility, Inc 1 ................... 150,000 120,000 

New Mexico 

AF Cannon AFB Dormitory (96 Rm) ....................................................... 15,000 15,000 

AF Cannon AFB Adal Wastewater Treatment Plant ............................... 7,598 7,598 

AF Holloman AFB Child Development Center ............................................ 11,200 11,200 

AF Holloman AFB Parallel Taxiway 07/25 ................................................. 8,000 8,000 

AF Holloman AFB F–16 Academic Facility ................................................ 5,800 5,800 

AF Holloman AFB F–16 Sead Training Facility ........................................ 4,200 4,200 

AF Kirtland AFB Afnwc Sustainment Center ........................................... 25,000 25,000 

Nevada 

AF Nellis AFB F–35a Age Facility ....................................................... 21,500 21,500 

AF Nellis AFB Communications Network Control Center .................... 11,600 11,600 

AF Nellis AFB F–35 Add/Alter Engine Shop ....................................... 2,750 2,750 

Texas 

AF Jb San Antonio Bmt Recruit Dormitory 4, Ph 4 ................................... 64,000 64,000 

AF Joint Base San Antonio Adv Indiv Training (Ait) Barracks (300 Rm) .............. 46,000 46,000 

Utah 

AF Hill AFB F–35 Adal Hangar 45e/AMU ....................................... 6,800 0 

AF Hill AFB F–22 System Support Facility ..................................... 16,500 16,500 

Virginia 

AF Jb Langley Eustis Ait Barracks Complex, Ph 2 ........................................ 50,000 50,000 

Washington 

AF Fairchild AFB Wing Headquarters ....................................................... 13,600 13,600 

AF Fairchild AFB Sere Force Support, Ph 2 ............................................ 14,000 14,000 

Greenland 

AF Thule AFB Dormitory (72 Pn) ........................................................ 28,000 28,000 

Guam 

AF Joint Region Marianas Prtc Red Horse Cantonment Operations Facility ........ 14,000 14,000 

AF Joint Region Marianas Prtc Combat Communications Transmission Syst ....... 5,600 5,600 

AF Joint Region Marianas Prtc Combat Communications Combat Support .......... 9,800 9,800 

AF Joint Region Marianas Guam Strike Clear Water Rinse Facility ..................... 7,500 0 

AF Joint Region Marianas Guam Strike Fuel Systems Maintenance Hangar ........ 128,000 0 

AF Joint Region Marianas Guam Strike Conventional Munitions Maintenance ..... 11,700 0 

AF Joint Region Marianas Air Freight Terminal Complex ..................................... 35,000 35,000 

Germany 

AF Ramstein Ab Dormitory (192 Rm) ..................................................... 34,697 34,697 

Italy 
802 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

AF Sigonella UAS SATCOM Relay Pads and Facility ...................... 15,000 15,000 

Korea 

AF Osan Ab Dormitory (156 Rm) ..................................................... 23,000 23,000 

Qatar 

AF AL Udeid Blatchford Preston Complex, Ph 4 ............................... 37,000 0 

Worldwide Unspecified 

AF Unspecified Unspecified Minor Construction ................................... 20,000 20,000 

AF Unspecified Planning & Design ........................................................ 81,913 67,913 

Total Military Construction, Air Force ......... 1,364,858 1,129,858 

Military Consruction, Defense-Wide 

District of Columbia 

Def-Wide Bolling AFB Diac Parking Garage .................................................... 13,586 13,586 

Def-Wide Bolling AFB Electrical Upgrades ...................................................... 1,080 1,080 

Def-Wide Bolling AFB Cooling Tower Expansion ............................................. 2,070 2,070 

Virginia 

Def-Wide Charlottesville Remote Delivery Facility .............................................. 10,805 10,805 

Germany 

Def-Wide Stuttgart-Patch Barracks DISA Europe Facility Upgrades .................................. 2,434 2,434 

Alaska 

Def-Wide Eielson AFB Upgrade Rail Line ........................................................ 14,800 14,800 

Arizona 

Def-Wide Davis-Monthan AFB Replace Hydrant Fuel System ...................................... 23,000 23,000 

California 

Def-Wide Defense Distribution 

Depot-Tracy 

Replace Public Safety Center ....................................... 15,500 15,500 

Def-Wide Point Loma Annex Replace Fuel Storage Facilities, Inc 4 ......................... 27,000 27,000 

Def-Wide San Clemente Replace Fuel Storage Tanks & Pipeline ....................... 21,800 21,800 

Florida 

Def-Wide Whiting Field Truck Load/Unload Facility ......................................... 3,800 3,800 

Hawaii 

Def-Wide Joint Base Pearl Harbor-Hickam Upgrade Refueler Truck Parking Area ........................ 5,200 5,200 

Def-Wide Joint Base Pearl Harbor-Hickam Alter Warehouse Space ................................................. 9,200 9,200 

Louisiana 

Def-Wide Barksdale AFB Hydrant Fuel System ................................................... 6,200 6,200 

Massachusetts 

Def-Wide Westover ARB Replace Hydrant Fuel System ...................................... 23,300 23,300 

Mississippi 

Def-Wide Columbus AFB Replace Refueler Parking Facility ................................ 2,600 2,600 

Ohio 

Def-Wide Columbus AFB Security Enhancements ................................................ 10,000 10,000 

Oklahoma 

Def-Wide Altus AFB Replace Fuel Transfer Pipeline .................................... 8,200 8,200 

Pennsylvania 

Def-Wide Def Distribution Depot 

New Cumberland 

Enclose Open-Sided Shed ............................................. 3,000 0 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace General Purpose Warehouse ........................... 25,500 0 

Def-Wide Def Distribution Depot 

New Cumberland 

Upgrade Access Control Points .................................... 17,500 17,500 

Def-Wide Philadelphia Upgrade Hvac System .................................................. 8,000 8,000 

South Carolina 

Def-Wide Joint Base Charleston Replace Fuel Storage & Distribution Facility .............. 24,868 24,868 

Washington 

Def-Wide Whidbey Island Replace Fuel Pipeline ................................................... 25,000 25,000 

Def-Wide Joint Base LewisMcchord Replace Fuel Distribution Facilities ............................. 14,000 14,000 

West Virginia 

Def-Wide Camp Dawson Replace Hydrant Fuel System ...................................... 2,200 2,200 

Georgia 

Def-Wide Fort Benning Replace Mcbride Elementary School ............................ 37,205 37,205 

Kentucky 

Def-Wide Fort Knox Replace Kingsolver-Pierce Elementary Schools ............ 38,845 38,845 

Massachusetts 

Def-Wide Hanscom AFB Replace Hanscom Middle School .................................. 34,040 34,040 

North Carolina 

Def-Wide Fort Bragg Replace District Superintendant’s Office ..................... 3,138 3,138 

Def-Wide New River Replace Delalio Elementary School .............................. 22,687 22,687 

Virginia 

Def-Wide Dahlgren Dahlgren E/MS School Addition .................................. 1,988 1,988 

Germany 

Def-Wide Ansbach Ansbach Middle/High School Addition ......................... 11,672 11,672 

Def-Wide Baumholder Replace Wetzel-Smith Elementary Schools .................. 59,419 0 

Def-Wide Grafenwoehr Netzaberg MS School Addition ..................................... 6,529 6,529 
803 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Def-Wide Spangdahlem Ab Replace Bitburg Elementary School ............................. 41,876 41,876 

Def-Wide Spangdahlem Ab Replace Bitburg Middle & High School ........................ 87,167 87,167 

Italy 

Def-Wide Vicenza Replace Vicenza High School ....................................... 41,864 41,864 

Japan 

Def-Wide Yokota Ab Replace Temp Classrm/Joan K. Mendel Es ................. 12,236 12,236 

Def-Wide Yokota Ab Replace Yokota High School ........................................ 49,606 49,606 

United Kingdom 

Def-Wide Royal Air Force 

Alconbury 

Replace Alconbury High School .................................... 35,030 35,030 

Virginia 

Def-Wide Quantico Dss Headquarters Addition .......................................... 42,727 42,727 

Def-Wide Quantico Defense Access Road Improvements-Telegraph Rd ..... 4,000 4,000 

Alabama 

Def-Wide Redstone Arsenal Von Braun Complex, Ph 4 ........................................... 58,800 58,800 

Missouri 

Def-Wide Arnold Data Ctr West #1 Power & Cooling Upgrade ............. 9,253 9,253 

Virginia 

Def-Wide Fort Belvior Technology Center Third Floor Fit-Out ...................... 54,625 0 

Colorado 

Def-Wide Buckley Air Force Base Mountainview Operations Facility ................................ 140,932 70,432 

Georgia 

Def-Wide Fort Gordon Whitelaw Wedge Building Addition .............................. 11,340 17,705 

Maryland 

Def-Wide Fort Meade High Performance Computing Capacity, Inc 1 ............ 29,640 0 

Utah 

Def-Wide Camp Williams Ic Cnci Data Center 1, Inc 3 ....................................... 246,401 123,201 

United Kingdom 

Def-Wide Menwith Hill Station Mhs Psc Construction Generator Plant ........................ 68,601 68,601 

Alaska 

Def-Wide Anchorage SOF Cold Weather Maritime Training Facility ........... 18,400 18,400 

California 

Def-Wide Camp Pendleton SOF Range 130 Support Projects ................................ 8,641 8,641 

Def-Wide Camp Pendleton SOF Military Working Dog Facility ............................ 3,500 3,500 

Def-Wide Coronado SOF Support Activity Operations Facility ................... 42,000 42,000 

Florida 

Def-Wide Eglin AFB SOF Company Operations Facility (Gstb) ................... 19,000 19,000 

Def-Wide Eglin AFB SOF Company Operations Facility (Gsb) .................... 21,000 21,000 

Def-Wide Eglin Aux 9 SOF Enclosed Engine Noise Suppressors .................... 3,200 3,200 

Def-Wide Eglin Aux 9 SOF Simulator Facility ................................................ 6,300 6,300 

Def-Wide Macdill AFB SOF Acquisition Center, Ph 2 ...................................... 15,200 15,200 

Kentucky 

Def-Wide Fort Campbell SOF Rotary Wing Hangar ........................................... 38,900 38,900 

Def-Wide Fort Campbell SOF Mh47 Aviation Facility ........................................ 43,000 43,000 

North Carolina 

Def-Wide Camp Lejeune SOF Armory Facility Expansion .................................. 6,670 6,670 

Def-Wide Fort Bragg SOF Communications Training Complex ..................... 10,758 10,758 

Def-Wide Fort Bragg SOF Squadron HQ Addition ........................................ 11,000 11,000 

Def-Wide Fort Bragg SOF Entry Control Point ............................................. 2,300 2,300 

Def-Wide Fort Bragg SOF Battalion Operations Complex ............................. 23,478 23,478 

Def-Wide Fort Bragg SOF Brigade Headquarters .......................................... 19,000 19,000 

Def-Wide Fort Bragg SOF Group Headquarters ............................................ 26,000 26,000 

Def-Wide Fort Bragg SOF Battalion Operations Facility .............................. 41,000 41,000 

Def-Wide Fort Bragg SOF Administrative Annex ........................................... 12,000 12,000 

Def-Wide Pope AFB SOF Training Facility .................................................. 5,400 5,400 

New Mexico 

Def-Wide Cannon AFB SOF C–130 Squadron Operations Facility .................. 10,941 10,941 

Def-Wide Cannon AFB SOF C–130 Wash Rack Hangar .................................. 10,856 10,856 

Def-Wide Cannon AFB SOF Aircraft Maintenance Squadron Facility ............. 15,000 15,000 

Def-Wide Cannon AFB SOF Apron and Taxiway .............................................. 28,100 28,100 

Def-Wide Cannon AFB SOF Hangar Aircraft Maintenance Unit ..................... 41,200 41,200 

Def-Wide Cannon AFB SOF Adal Simulator Facility ....................................... 9,600 9,600 

Def-Wide Cannon AFB SOF Squadron Operations Facility .............................. 17,300 17,300 

Virginia 

Def-Wide Dam Neck SOF Logistic Support Facility ..................................... 14,402 14,402 

Def-Wide Dam Neck SOF Building Renovation ............................................. 3,814 3,814 

Def-Wide Dam Neck SOF Military Working Dog Facility ............................ 4,900 4,900 

Def-Wide Joint Expeditionary 

Base Little Creek— 

Story 

SOF Seal Team Operations Facility ............................ 37,000 37,000 

Washington 

Def-Wide Jb Lewis Mcchord SOF Company Operations Facility .............................. 21,000 21,000 

Florida 

Def-Wide Eglin AFB Medical Clinic ............................................................... 11,600 11,600 

Georgia 

Def-Wide Fort Stewart Hospital Addition/Alteration, Ph 2 ............................... 72,300 72,300 

Illinois 

Def-Wide Great Lakes Health Clinic Demolition .............................................. 16,900 16,900 
804 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Kentucky 

Def-Wide Fort Campbell Hospital Addition/Alteration ......................................... 56,600 56,600 

Maryland 

Def-Wide Aberdeen Proving 

Ground 

USAMRICD Replacement, Inc 4 ................................. 22,850 22,850 

Def-Wide Bethesda Naval Hospital Child Development Center Addition/Alteration ............ 18,000 18,000 

Def-Wide Fort Detrick USAMRIID Stage I, Inc 6 ........................................... 137,600 137,600 

Def-Wide Joint Base Andrews Dental Clinic Replacement ........................................... 22,800 22,800 

Def-Wide Joint Base Andrews Ambulatory Care Center ............................................... 242,900 121,400 

Mississippi 

Def-Wide Gulfport Medical Clinic Replacement .......................................... 34,700 34,700 

North Carolina 

Def-Wide Fort Bragg Hospital Alteration ....................................................... 57,600 57,600 

New York 

Def-Wide Fort Drum Medical Clinic ............................................................... 15,700 15,700 

Def-Wide Fort Drum Dental Clinic Addition/Alteration ................................. 4,700 4,700 

Texas 

Def-Wide Fort Bliss Hospital Replacement, Inc 3 ........................................ 136,700 109,400 

Def-Wide Joint Base San Antonio Hospital Nutrition Care Department Add/Alt .............. 33,000 33,000 

Def-Wide Joint Base San Antonio Ambulatory Care Center, Ph 3 ..................................... 161,300 80,600 

Germany 

Def-Wide Rhine Ordance Barracks Medical Center Replacement, Inc 1 .............................. 70,592 0 

Virginia 

Def-Wide Pentagon Heliport Control Tower/Fire Station ............................ 6,457 6,457 

Def-Wide Pentagon Pentagon Memorial Pedestrian Plaza ........................... 2,285 2,285 

Belgium 

Def-Wide Brussels NATO Headquarters Facility ....................................... 24,118 0 

Worldwide Unspecified 

Def-Wide Unspecified Energy Conservation Investment Program .................. 135,000 135,000 

Def-Wide Unspecified Contingency Construction ............................................. 10,000 10,000 

Def-Wide Unspecified Exercise Related Construction ...................................... 8,417 8,417 

Def-Wide Unspecified Unspecified Minor Construction ................................... 6,571 6,571 

Def-Wide Unspecified Unspecified Minor Milcon ............................................. 6,365 0 

Def-Wide Unspecified Unspecified Minor Construction ................................... 8,876 8,876 

Def-Wide Unspecified Minor Construction ....................................................... 6,100 6,100 

Def-Wide Unspecified Unspecified Minor Construction ................................... 3,000 3,000 

Def-Wide Unspecified Planning and Design .................................................... 1,993 1,993 

Def-Wide Unspecified Planning and Design .................................................... 3,043 3,043 

Def-Wide Unspecified Planning and Design .................................................... 6,000 6,000 

Def-Wide Unspecified Planning and Design .................................................... 3,000 3,000 

Def-Wide Unspecified Planning and Design .................................................... 66,974 61,974 

Def-Wide Unspecified Planning and Design .................................................... 8,368 8,368 

Def-Wide Unspecified Planning and Design .................................................... 52,974 35,474 

Def-Wide Unspecified Planning and Design .................................................... 31,468 28,968 

Def-Wide Unspecified Planning and Design .................................................... 227,498 202,498 

Def-Wide Unspecified Planning and Design .................................................... 48,007 43,007 

Def-Wide Unspecified Planning and Design .................................................... 5,277 5,277 

Total Military Consruction, Defense-Wide .. 3,848,757 3,103,663 

Military Construction, Army NG 

Alabama 

Army NG Fort MC Clellan Readiness Center, Ph 2 ................................................ 16,500 16,500 

Arkansas 

Army NG Fort Chaffee Convoy Live Fire/Entry Control Point Range .............. 3,500 3,500 

Arizona 

Army NG Papago Military Reservation Readiness Center .......................................................... 17,800 17,800 

California 

Army NG Camp Roberts Utilities Replacement, Ph 1 .......................................... 32,000 32,000 

Army NG Camp Roberts Tactical Unmanned Aircraft System Facility ............... 6,160 6,160 

Army NG Camp San Luis Obispo Field Maintenance Shop ............................................... 8,000 8,000 

Colorado 

Army NG Fort Carson, Colorado Barracks Complex (Ortc) .............................................. 43,000 43,000 

Army NG Aurora Tactical Unmanned Aircraft System Facility ............... 3,600 3,600 

Army NG Alamosa Readiness Center .......................................................... 6,400 6,400 

District of Columbia 

Army NG Anacostia US Property & Fiscal Office Add/Alt ........................... 5,300 5,300 

Florida 

Army NG Camp Blanding Convoy Live Fire/Entry Control Point Range .............. 2,400 2,400 

Army NG Camp Blanding Live Fire Shoot House ................................................. 3,100 3,100 

Georgia 

Army NG Atlanta Readiness Center .......................................................... 11,000 11,000 

Army NG Hinesville Maneuver Area Training & Equipment Site Ph1 ......... 17,500 17,500 

Army NG Macon Readiness Center, Ph 1 ................................................ 14,500 14,500 

Hawaii 

Army NG Kalaeloa Readiness Center, Ph 1 ................................................ 33,000 33,000 
805 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Illinois 

Army NG Normal Readiness Center .......................................................... 10,000 10,000 

Indiana 

Army NG Camp Atterbury Railhead Expansion & Container Facility .................... 21,000 21,000 

Army NG Camp Atterbury Deployment Processing Facility ................................... 8,900 8,900 

Army NG Camp Atterbury Operations Readiness Training Complex 1 .................. 25,000 25,000 

Army NG Camp Atterbury Operations Readiness Training Complex 2 .................. 27,000 27,000 

Army NG Indianapolis JFHQ Add/Alt .............................................................. 25,700 25,700 

Massachusetts 

Army NG Natick Readiness Center .......................................................... 9,000 9,000 

Maryland 

Army NG Dundalk Readiness Center Add/Alt ............................................. 16,000 16,000 

Army NG Westminster Readiness Center Add/Alt ............................................. 10,400 10,400 

Army NG LA Plata Readiness Center .......................................................... 9,000 9,000 

Maine 

Army NG Bangor Readiness Center .......................................................... 15,600 15,600 

Army NG Brunswick Armed Forces Reserve Center ...................................... 23,000 23,000 

Minnesota 

Army NG Camp Ripley Multipurpose Machine Gun Range ............................... 8,400 8,400 

Mississippi 

Army NG Camp Shelby Troop Housing (Ortc), Ph 1 ......................................... 25,000 25,000 

Army NG Camp Shelby Deployment Processing Facility ................................... 12,600 12,600 

Army NG Camp Shelby Operational Readiness Training Complex, Ph1 ............ 27,000 27,000 

North Carolina 

Army NG Greensboro Readiness Center Add/Alt ............................................. 3,700 3,700 

Nebraska 

Army NG Mead Readiness Center .......................................................... 9,100 9,100 

Army NG Grand Island Readiness Center .......................................................... 22,000 22,000 

New Jersey 

Army NG Lakehurst Army Aviation Suport Facility ..................................... 49,000 49,000 

New Mexico 

Army NG Santa Fe Readiness Center Add/Alt ............................................. 5,200 5,200 

Nevada 

Army NG Las Vegas Field Maintenance Shop ............................................... 23,000 23,000 

Oklahoma 

Army NG Camp Gruber Upgrade-Combined Arms Collective Training Facility 10,361 10,361 

Army NG Camp Gruber Live Fire Shoot House ................................................. 3,000 3,000 

Oregon 

Army NG the Dalles Readiness Center .......................................................... 13,800 13,800 

South Carolina 

Army NG Allendale Readiness Center Add/Alt ............................................. 4,300 4,300 

Utah 

Army NG Camp Williams Multi Purpose Machine Gun Range ............................. 6,500 6,500 

Virginia 

Army NG Fort Pickett Combined Arms Collective Training Facility ................ 11,000 11,000 

Wisconsin 

Army NG Camp Williams Tactical Unmanned Aircraft System Facility ............... 7,000 7,000 

West Virginia 

Army NG Buckhannon Readiness Center, Ph1 .................................................. 10,000 10,000 

Wyoming 

Army NG Cheyenne Readiness Center .......................................................... 8,900 8,900 

Puerto Rico 

Army NG Fort Buchanan Readiness Center .......................................................... 57,000 57,000 

Worldwide Unspecified 

Army NG Unspecified Unspecified Minor Construction ................................... 11,700 11,700 

Army NG Unspecified Planning and Design .................................................... 20,671 20,671 

Total Military Construction, Army NG ......... 773,592 773,592 

Military Construction, Air NG 

California 

Air NG Beale AFB Wing Operations and Training Facility ....................... 6,100 6,100 

Air NG Moffett Field Replace Pararescue Training Facility .......................... 26,000 26,000 

Hawaii 

Air NG Joint Base Pearl Harbor-Hickam TFI—F–22 Flight Simulator Facility ......................... 19,800 19,800 

Air NG Joint Base Pearl Harbor-Hickam TFI—F–22 Weapons Load Crew Training Facilit ...... 7,000 7,000 

Air NG Joint Base Pearl Harbor-Hickam TFI—F–22 Combat Aircraft Parking Apron .............. 12,721 12,721 

Indiana 

Air NG Fort Wayne IAP a–10 Facility Conversion—Munitions .......................... 4,000 4,000 

Massachusetts 

Air NG Otis ANGB TFI—CNAF Beddown—Upgrade Facility .................. 7,800 7,800 

Maryland 

Air NG Martin State Airport TFI—C–27 Conversion—Squadron Operations ........... 4,900 4,900 

Ohio 

Air NG Springfield Beckley-Map Alter Predator Operations Center ................................ 6,700 6,700 
806 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Worldwide Unspecified 

Air NG Unspecified Minor Construction ....................................................... 9,000 9,000 

Air NG Unspecified Planning and Design .................................................... 12,225 12,225 

Total Military Construction, Air NG .............. 116,246 116,246 

Military Construction, Army Reserve 

California 

Army Res Fort Hunter Liggett Automated Multipurpose Machine Gun (Mpmg) .......... 5,200 5,200 

Colorado 

Army Res Fort Collins Army Reserve Center .................................................... 13,600 13,600 

Illinois 

Army Res Homewood Army Reserve Center .................................................... 16,000 16,000 

Army Res Rockford Army Reserve Center/Land .......................................... 12,800 12,800 

Indiana 

Army Res Fort Benjamin Harrison Army Reserve Center .................................................... 57,000 57,000 

Kansas 

Army Res Kansas City Army Reserve Center/Land .......................................... 13,000 13,000 

Massachusetts 

Army Res Attleboro Army Reserve Center/Land .......................................... 22,000 22,000 

Minnesota 

Army Res Saint Joseph Army Reserve Center .................................................... 11,800 11,800 

Missouri 

Army Res Saint Charles Army Reserve Center .................................................... 19,000 19,000 

North Carolina 

Army Res Greensboro Army Reserve Center/Land .......................................... 19,000 19,000 

New York 

Army Res Schenectady Army Reserve Center .................................................... 20,000 20,000 

South Carolina 

Army Res Orangeburg Army Reserve Center/Land .......................................... 12,000 12,000 

Wisconsin 

Army Res Fort Mccoy Container Loading Facility ........................................... 5,300 5,300 

Army Res Fort Mccoy Modified Record Fire Known Distance Range ............. 5,400 5,400 

Army Res Fort Mccoy Automated Record Fire Range ..................................... 4,600 4,600 

Army Res Fort Mccoy Ncoa Phase Iii—Billeting ............................................. 12,000 12,000 

Worldwide Unspecified 

Army Res Unspecified Unspecified Minor Construction ................................... 2,925 2,925 

Army Res Unspecified Planning and Design .................................................... 28,924 28,924 

Total Military Construction, Army Reserve 280,549 280,549 

Military Construction, Navy and MC Reserve 

Pennsylvania 

N/MC Res Pittsburgh Armed Forces Reserve Center (Pittsburgh) ................. 13,759 13,759 

Tennessee 

N/MC Res Memphis Reserve Training Center ............................................... 7,949 7,949 

Worldwide Unspecified 

N/MC Res Unspecified Mcnr Unspecified Minor Construction ......................... 2,000 2,000 

N/MC Res Unspecified Planning and Design .................................................... 2,591 2,591 

.......................................................................................

Total Military Construction, Navy and MC 

Reserve.

26,299 26,299 

Military Construction, Air Force Reserve 

California 

AF Res March AFB Airfield Control Tower/Base Ops .................................. 16,393 16,393 

South Carolina 

AF Res Charleston AFB TFI Red Horse Readiness & Trng Center ................... 9,593 9,593 

Worldwide Unspecified 

AF Res Unspecified Unspecified Minor Construction ................................... 5,434 5,434 

AF Res Unspecified Planning & Design ........................................................ 2,200 2,200 

Total Military Construction, Air Force Reserve.33,620 33,620 

Homeowners Assistance Program 

Worldwide Unspecified 

HAP Unspecified Homeowers Assistance Program ................................... 1,284 1,284 

Total Homeowners Assistance Program ....... 1,284 1,284 

NATO Security Investment Program 

Worldwide Unspecified 

NATO Unspecified NATO Security Investment Program ........................... 272,611 240,611 

Total NATO Security Investment Program 272,611 240,611 
807 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Housing Improvement Fund 

Worldwide Unspecified 

FHIF Unspecified Family Housing Improvement Fund ............................ 2,184 2,184 

Total Housing Improvement Fund ................. 2,184 2,184 

Chemical Demilitarization Construction, 

Defense 

Colorado 

Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph Xiii ............ 15,338 15,338 

Kentucky 

Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph Xii ........................... 59,974 59,974 

Total Chemical Demilitarization Construction, Defense.75,312 75,312 

Family Housing O&m, Defense-Wide 

Worldwide Unspecified 

FH Ops DW Unspecified Utilities Account ........................................................... 280 280 

FH Ops DW Unspecified Utilities Account ........................................................... 10 10 

FH Ops DW Unspecified Furnishings Account ..................................................... 2,699 2,699 

FH Ops DW Unspecified Furnishings Account ..................................................... 19 19 

FH Ops DW Unspecified Services Account ........................................................... 30 30 

FH Ops DW Unspecified Management Account ................................................... 347 347 

FH Ops DW Unspecified Furnishings Account ..................................................... 70 70 

FH Ops DW Unspecified Leasing .......................................................................... 36,552 36,552 

FH Ops DW Unspecified Leasing .......................................................................... 10,100 10,100 

FH Ops DW Unspecified Maintenance of Real Property ...................................... 546 546 

FH Ops DW Unspecified Maintenance of Real Property ...................................... 70 70 

Total Family Housing O&m, Defense-Wide 50,723 50,723 

BRAC Account 1990 

Worldwide Unspecified 

BRAC IV Unspecified Base Realignment & Closure ........................................ 129,351 129,351 

BRAC IV Unspecified Base Realignment & Closure ........................................ 70,716 70,716 

BRAC IV Unspecified Base Realignment & Closure ........................................ 123,476 123,476 

Total BRAC Account 1990 .................................. 323,543 323,543 

BRAC Account 2005 

Worldwide Unspecified 

BRAC 05 Unspecified Usa–121: Fort Gillem, GA ........................................... 8,903 8,903 

BRAC 05 Unspecified Usa–222: Fort Mcpherson, GA .................................... 9,921 9,921 

BRAC 05 Unspecified Program Management Various Locations .................... 32,298 32,298 

BRAC 05 Unspecified Usa–223: Fort Monmouth, NJ ..................................... 21,908 21,908 

BRAC 05 Unspecified Usa–36: Red River Army Depot ................................... 1,207 1,207 

BRAC 05 Unspecified Usa–113: Fort Monroe, VA .......................................... 23,601 23,601 

BRAC 05 Unspecified Usa–242: Rc Transformation in NY ............................ 259 259 

BRAC 05 Unspecified Usa–63: U.S. Army Garrison (Selfridge) ..................... 1,609 1,609 

BRAC 05 Unspecified Usa–167: USAR Command and Control—NE ............ 250 250 

BRAC 05 Unspecified Usa–166: USAR Command and Control—Nw ............ 1,000 1,000 

BRAC 05 Unspecified Usa–131: USAR Command and Control -Se ............... 250 250 

BRAC 05 Unspecified Usa–168: USAR Command and Control—Sw ............. 250 250 

BRAC 05 Unspecified Ind–112: River Bank Army Ammo Plant, CA ............. 320 320 

BRAC 05 Unspecified Ind–119: Newport Chemical Depot, in ......................... 467 467 

BRAC 05 Unspecified Ind–106: Kansas Army Ammunition Plant, KS .......... 45,769 45,769 

BRAC 05 Unspecified Ind–110: Mississippi Army Ammo Plant, MS .............. 122 122 

BRAC 05 Unspecified Ind–120: Umatilla Chemical Depot, OR ...................... 9,092 9,092 

BRAC 05 Unspecified Ind–122: Lone Star Army Ammo Plant, TX ............... 19,367 19,367 

BRAC 05 Unspecified Ind–117: Deseret Chemical Depot, UT ........................ 34,011 34,011 

BRAC 05 Unspecified Int–4: NGA Activities ................................................... 1,791 1,791 

BRAC 05 Unspecified Med–2: Walter Reed Nmmc, Bethesda, MD ................ 18,586 18,586 

BRAC 05 Unspecified Don–172: NWS Seal Beach, Concord, CA ................... 9,763 9,763 

BRAC 05 Unspecified Don–126: Nscs, Athens, GA ......................................... 325 325 

BRAC 05 Unspecified Don–158: NSA New Orleans, LA ................................ 2,056 2,056 

BRAC 05 Unspecified Don–138: NAS Brunswick, ME ................................... 421 421 

BRAC 05 Unspecified Don–157: Mcsa Kansas City, MO ................................ 1,442 1,442 

BRAC 05 Unspecified Don–2: Ns Pascagoula, MS .......................................... 515 515 

BRAC 05 Unspecified Don–84: JRB Willow Grove & Cambria Reg Ap ......... 196 196 

BRAC 05 Unspecified Don–100: Planing, Design and Management ............... 6,090 6,090 

BRAC 05 Unspecified Don–101: Various Locations ........................................ 5,021 5,021 

BRAC 05 Unspecified Program Management Various Locations .................... 828 828 

BRAC 05 Unspecified Med–57: Brooks City Base, TX ................................... 205 205 

BRAC 05 Unspecified Comm Add 3: Galena Fol, AK ..................................... 933 933 

Total BRAC Account 2005 .................................. 258,776 258,776 
808 

†S 1867 ES

SEC. 4501. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

Family Housing Construction, Army 

Belgium 

FH Con Army Brussels Land Purchase for Gfoq (10 Units) ............................. 10,000 0 

Germany 

FH Con Army Grafenwoehr Family Housing New Construction (26 Units) ............ 13,000 13,000 

FH Con Army Illesheim Family Housing Replacement Construc(80 Units) ...... 41,000 41,000 

FH Con Army Vilseck Family Housing New Construction (22 Units) ............ 12,000 12,000 

Worldwide Unspecified 

FH Con Army Unspecified Construction Improvements (276 Units) ...................... 103,000 103,000 

FH Con Army Unspecified Family Housing P&d .................................................... 7,897 7,897 

Total Family Housing Construction, Army 186,897 176,897 

Family Housing O&m, Army 

Worldwide Unspecified 

FH Ops Army Unspecified Utilities Account ........................................................... 73,637 73,637 

FH Ops Army Unspecified Services Account ........................................................... 15,797 15,797 

FH Ops Army Unspecified Management Account ................................................... 54,728 54,728 

FH Ops Army Unspecified Miscellaneous Account .................................................. 605 605 

FH Ops Army Unspecified Furnishings Account ..................................................... 14,256 14,256 

FH Ops Army Unspecified Leasing .......................................................................... 204,426 204,426 

FH Ops Army Unspecified Maintenance of Real Property ...................................... 105,668 105,668 

FH Ops Army Unspecified Privatization Support Costs .......................................... 25,741 25,741 

Total Family Housing O&m, Army ................. 494,858 494,858 

Family Housing Construction, Navy 

Worldwide Unspecified 

FH Con Navy Unspecified Improvements ................................................................ 97,773 97,773 

FH Con Navy Unspecified Design ........................................................................... 3,199 3,199 

Total Family Housing Construction, Navy .. 100,972 100,972 

Family Housing O&m, Navy 

Worldwide Unspecified 

FH Ops Navy Unspecified Utilities Account ........................................................... 70,197 70,197 

FH Ops Navy Unspecified Furnishings Account ..................................................... 15,979 15,979 

FH Ops Navy Unspecified Management Account .................................................... 61,090 61,090 

FH Ops Navy Unspecified Miscellaneous Account .................................................. 476 476 

FH Ops Navy Unspecified Services Account ........................................................... 14,510 14,510 

FH Ops Navy Unspecified Leasing .......................................................................... 79,798 79,798 

FH Ops Navy Unspecified Maintenance of Real Property ...................................... 97,231 97,231 

FH Ops Navy Unspecified Privatization Support Costs .......................................... 28,582 28,582 

Total Family Housing O&m, Navy .................. 367,863 367,863 

Family Housing Construction, Air Force 

Worldwide Unspecified 

FH Con AF Unspecified Construction Improvements .......................................... 80,546 80,546 

FH Con AF Unspecified Classified Improvements ............................................... 50 50 

FH Con AF Unspecified Planning and Design .................................................... 4,208 4,208 

Total Family Housing Construction, Air 

Force.

84,804 84,804 

Family Housing O&m, Air Force 

Worldwide Unspecified 

FH Ops AF Unspecified Utilities Account ........................................................... 67,639 67,639 

FH Ops AF Unspecified Management Account ................................................... 1,996 1,996 

FH Ops AF Unspecified Management Account ................................................... 55,395 55,395 

FH Ops AF Unspecified Services Account ........................................................... 13,675 13,675 

FH Ops AF Unspecified Furnishings Account ..................................................... 35,290 35,290 

FH Ops AF Unspecified Miscellaneous Account .................................................. 2,165 2,165 

FH Ops AF Unspecified Leasing Account ........................................................... 122 122 

FH Ops AF Unspecified Leasing .......................................................................... 80,775 80,775 

FH Ops AF Unspecified Maintenance Account .................................................... 2,001 2,001 

FH Ops AF Unspecified Maintenance (Rpma & Rpmc) ...................................... 98,132 98,132 

FH Ops AF Unspecified Housing Privatization ................................................... 47,571 47,571 

Total Family Housing O&m, Air Force ......... 404,761 404,761 
809 

†S 1867 ES

TITLE XLVI—DEPARTMENT OF 

ENERGY NATIONAL 

SECURITY PROGRAMS 

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS. 

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Senate 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Electricity delivery and energy reliability ......................................... 6,187 0 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities ..................................................................... 7,629,716 7,628,716 

Defense nuclear nonproliferation .............................................. 2,549,492 2,378,679 

Naval reactors ........................................................................... 1,153,662 1,153,662 

Office of the administrator ....................................................... 450,060 405,092 

Total, National nuclear security administration .......... 11,782,930 11,566,149 

Environmental and other defense activities: 

Defense environmental cleanup ................................................. 5,406,781 5,060,126 

Other defense activities ............................................................. 859,952 859,952 

Total, Environmental & other defense activities .......... 6,266,733 5,920,078 

Total, Atomic Energy Defense Activities ................................. 18,049,663 17,486,227 

Total, Discretionary Funding ...................................................................... 18,055,850 17,486,227 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration ............................................ 6,187 0 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program ............................................................. 223,562 223,562 

W76 Life extension program ............................................................ 257,035 257,035 

Total, Life extension programs .................................................... 480,597 480,597 

Stockpile systems 

B61 Stockpile systems ...................................................................... 72,396 72,396 

W76 Stockpile systems ..................................................................... 63,383 63,383 

W78 Stockpile systems ..................................................................... 109,518 107,518 

W80 Stockpile systems ..................................................................... 44,444 44,444 

B83 Stockpile systems ...................................................................... 48,215 48,215 

W87 Stockpile systems ..................................................................... 83,943 83,943 

W88 Stockpile systems ..................................................................... 75,728 75,728 

Total, Stockpile systems ................................................................. 497,627 495,627 

Weapons dismantlement and disposition 

Operations and maintenance ............................................................ 56,770 56,770 

Stockpile services 

Production support ........................................................................... 354,502 354,502 

Research and development support .................................................. 30,264 30,264 

R&D certification and safety ............................................................ 190,892 190,892 

Management, technology, and production ........................................ 198,700 198,700 

Plutonium sustainment ..................................................................... 154,231 154,231 

Total, Stockpile services ................................................................ 928,589 928,589 

Total, Directed stockpile work ............................................................ 1,963,583 1,961,583 

Campaigns: 

Science campaign 
810 

†S 1867 ES

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Senate 

Authorized 

Advanced certification ....................................................................... 94,929 94,929 

Primary assessment technologies ...................................................... 86,055 86,055 

Dynamic materials properties ........................................................... 111,836 111,836 

Advanced radiography ...................................................................... 27,058 27,058 

Secondary assessment technologies .................................................. 86,061 86,061 

Total, Science campaign ................................................................. 405,939 405,939 

Engineering campaign 

Enhanced surety ............................................................................... 41,696 41,696 

Weapon systems engineering assessment technology ....................... 15,663 15,663 

Nuclear survivability ......................................................................... 19,545 19,545 

Enhanced surveillance ....................................................................... 66,174 66,174 

Total, Engineering campaign ....................................................... 143,078 143,078 

Inertial confinement fusion ignition and high yield campaign 

Ignition ............................................................................................. 109,888 109,888 

Diagnostics, cryogenics and experimental support ........................... 86,259 91,259 

Pulsed power inertial confinement fusion ......................................... 4,997 4,997 

Joint program in high energy density laboratory plasmas ............... 9,100 9,100 

Facility operations and target production ........................................ 266,030 266,030 

Total, Inertial confinement fusion and high yield campaign ................................................................................................... 476,274 481,274 

Advanced simulation and computing campaign ................... 628,945 628,945 

Readiness Campaign 

Nonnuclear readiness ........................................................................ 65,000 65,000 

Tritium readiness .............................................................................. 77,491 70,491 

Total, Readiness campaign ............................................................ 142,491 135,491 

Total, Campaigns ...................................................................................... 1,796,727 1,794,727 

Readiness in technical base and facilities (RTBF) 

Operations of facilities 

Kansas City Plant ..................................................................... 156,217 151,217 

Lawrence Livermore National Laboratory ............................... 83,990 83,990 

Los Alamos National Laboratory ............................................. 318,526 318,526 

Nevada Test Site ....................................................................... 97,559 97,559 

Pantex ....................................................................................... 164,848 164,848 

Sandia National Laboratory ..................................................... 120,708 120,708 

Savannah River Site .................................................................. 97,767 97,767 

Y–12 National security complex ............................................... 246,001 246,001 

Institutional site support .......................................................... 199,638 199,638 

Total, Operations of facilities ....................................................... 1,485,254 1,480,254 

Program readiness .................................................................................... 74,180 74,180 

Material recycle and recovery ................................................................... 85,939 85,939 

Containers ................................................................................................. 28,979 28,979 

Storage ...................................................................................................... 31,272 31,272 

Subtotal, Readiness in technical base and facilities .................. 1,705,624 1,700,624 

Construction: 

12–D–301 TRU waste facilities, LANL ........................................... 9,881 9,881 

11–D–801 TA–55 Reinvestment project, LANL ............................. 19,402 19,402 

10-D–501 Nuclear facilities risk reduction Y–12 National security 

complex, Oakridge, TN ................................................................. 35,387 35,387 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM .......................................................... 25,168 25,168 

08–D–802 High explosive pressing facility Pantex Plant, Amerillo, 

TX ................................................................................................. 66,960 66,960 

07–D–140 Project engineering and design (PED) various locations 3,518 3,518 

06–D–141 Project engineering & design (PED) Y–12 National Security Complex, Oakridge, TN ...................................................... 160,194 160,194 

04–D–125 Chemistry and metallurgy facility replacement project, 

Los Alamos National Laboratory, Los Alamos, NM .................... 300,000 300,000 

Total, Construction .......................................................................... 620,510 620,510 

Total, Readiness in technical base and facilities ......................... 2,326,134 2,321,134 

Secure transportation asset 

Operations and equipment ........................................................................ 149,274 149,274 

Program direction ..................................................................................... 101,998 101,998 

Total, Secure transportation asset ..................................................... 251,272 251,272 
811 

†S 1867 ES

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Senate 

Authorized 

Nuclear counterterrorism incident response ................................ 222,147 222,147 

Facilities and infrastructure recapitalization program 

Operations and maintenance .................................................................... 96,380 96,380 

Total, Facilities and infrastructure recapitalization program 96,380 96,380 

Site stewardship 

Operations and maintenance .................................................................... 104,002 104,002 

Total, Site stewardship ........................................................................... 104,002 104,002 

Safeguards and security 

Defense nuclear security 

Operations and maintenance ............................................................ 711,105 711,105 

Construction: 

08–D–701 Nuclear materials S&S upgrade project Los Alamos National Laboratory ...................................................... 11,752 9,752 

Total, Construction ................................................................... 11,752 9,752 

Total, Defense nuclear security ................................................... 722,857 720,857 

Cyber security ........................................................................................... 126,614 126,614 

Total, Safeguards and security ............................................................ 849,471 847,471 

National security applications .......................................................................... 20,000 30,000 

Subtotal, Weapons activities ........................................................................ 7,629,716 7,628,716 

Total, Weapons Activities .............................................................................. 7,629,716 7,628,716 

Defense Nuclear Nonproliferation 

Nonproliferation and verification R&D 

Operations and maintenance .................................................................... 417,598 426,959 

Total, Operations and maintenance .......................................... 417,598 426,959 

Total, Nonproliferation and verification R&D 

Nonproliferation and international security ................................. 161,833 159,833 

GIPP ................................................................................................

International nuclear materials protection and cooperation 571,639 571,639 

Fissile materials disposition 

U.S. surplus fissile materials disposition 

Operations and maintenance 

U.S. plutonium disposition ........................................................ 274,790 234,790 

U.S. uranium disposition .......................................................... 26,435 26,435 

Total, Operations and maintenance ................................... 301,225 261,225 

Construction: 

99–D–143 Mixed oxide fuel fabrication facility, Savannah 

River, SC ............................................................................... 385,172 385,172 

99–D–141–01 Pit disassembly and conversion facility, Savannah River, SC ........................................................................ 176,000 48,000 

99–D–141–02 Waste Solidification Building, Savannah River, 

SC .......................................................................................... 17,582 17,582 

Total, Construction ................................................................... 578,754 450,754 

Total, U.S. surplus fissile materials disposition .................... 879,979 711,979 

Russian surplus materials disposition ...................................................... 10,174 0 

Total, Fissile materials disposition .................................................... 890,153 711,979 

Global threat reduction initiative ..................................................................... 508,269 508,269 

Total, Defense Nuclear Nonproliferation ................................................ 2,549,492 2,378,679 

Naval Reactors 

Naval reactors development 

Operation and maintenance 

Operation and maintenance .............................................................. 1,069,262 1,069,262 

Construction: 

10-D–903, Security upgrades, KAPL .............................................. 100 100 

10-D–904, NRF infrastructure upgrades, Idaho ............................. 12,000 12,000 

08–D–190 Expended Core Facility M–290 recovering discharge 

station, Naval Reactor Facility, ID .............................................. 27,800 27,800 

Total, Construction .......................................................................... 39,900 39,900 

Total, Naval reactors development .................................................... 1,109,162 1,109,162 
812 

†S 1867 ES

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Senate 

Authorized 

Program direction ............................................................................................ 44,500 44,500 

Total, Naval Reactors ...................................................................................... 1,153,662 1,153,662 

Office Of The Administrator 

Office of the administrator ............................................................................... 450,060 405,092 

Total, Office Of The Administrator ........................................................... 450,060 405,092 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ..................................................................... 5,375 5,375 

Total, Closure sites ................................................................................... 5,375 5,375 

Hanford site: 

Nuclear facility D&D—remainder of Hanford ......................................... 56,288 56,288 

Nuclear facility D&D river corridor closure project ................................. 330,534 330,534 

Nuclear material stabilization and disposition PFP ................................ 48,458 48,458 

SNF stabilization and disposition ............................................................ 112,250 112,250 

Soil and water remediation—groundwater vadose zone ........................... 222,285 222,285 

Solid waste stabilization and disposition 200 area .................................. 143,897 143,897 

Total, Hanford site ................................................................................... 913,712 913,712 

Idaho National Laboratory: 

SNF stabilization and disposition—2012 ................................................ 20,114 20,114 

Solid waste stabilization and disposition .................................................. 165,035 165,035 

Radioactive liquid tank waste stabilization and disposition ..................... 110,169 110,169 

Soil and water remediation—2012 ........................................................... 87,451 87,451 

Total, Idaho National Laboratory ...................................................... 382,769 382,769 

NNSA sites 

Lawrence Livermore National Laboratory ............................................... 873 873 

Nuclear facility D & D Separations Process Research Unit .................... 1,500 1,500 

Nevada ...................................................................................................... 63,380 63,380 

Los Alamos National Laboratory ............................................................. 357,939 188,939 

Total, NNSA sites and Nevada off-sites ............................................ 423,692 254,692 

Oak Ridge Reservation: 

Nuclear facility D & D ORNL ................................................................. 44,000 44,000 

Nuclear facility D & D Y–12 ................................................................... 30,000 30,000 

Nuclear facility D & D, E. Tennessee technology park ........................... 100 100 

Soil and water remediation—offsites ....................................................... 3,000 3,000 

Solid waste stabilization and disposition—2012 ...................................... 99,000 99,000 

Total, Oak Ridge Reservation .............................................................. 176,100 176,100 

Office of River Protection: 

Waste treatment and immobilization plant 

ORP-0060 / Major construction Waste treatment plant (WTP) ..... 840,000 740,000 

Total, Waste treatment and immobilization plant ............... 840,000 740,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ......................... 521,391 467,001 

Total, Office of River protection ......................................................... 1,361,391 1,207,001 

Savannah River sites: 

Nuclear material stabilization and disposition ......................................... 235,000 245,000 

Radioactive liquid tank waste stabilization and disposition ..................... 748,896 715,631 

05–D–405 Salt waste processing facility, Savannah River ...................... 170,071 170,071 

SNF stabilization and disposition ............................................................ 40,137 40,137 

Solid waste stabilization and disposition .................................................. 30,040 30,040 

Total, Savannah River site .................................................................... 1,224,144 1,200,879 

Waste Isolation Pilot Plant 

Waste isolation pilot plant ........................................................................ 147,136 147,136 

Central characterization project ............................................................... 23,975 23,975 

Transportation .......................................................................................... 29,044 29,044 

Community and regulatory support ......................................................... 28,771 28,771 

Total, Waste Isolation Pilot Plant ...................................................... 228,926 228,926 
813 

†S 1867 ES

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Senate 

Authorized 

Program direction ............................................................................................ 321,628 321,628 

Community, regulatory and program support ................................................. 91,279 91,279 

Safeguards and Security: 

Oak Ridge Reservation ............................................................................. 17,300 17,300 

Paducah .................................................................................................... 9,435 9,435 

Portsmouth ............................................................................................... 16,412 16,412 

Richland/Hanford Site .............................................................................. 69,234 69,234 

Savannah River Site ................................................................................. 130,000 130,000 

Waste Isolation Pilot Project ................................................................... 4,845 4,845 

West Valley ............................................................................................... 1,600 1,600 

Total, Safeguards and Security ........................................................... 248,826 248,826 

Technology development ................................................................................... 32,320 32,320 

Subtotal, Defense environmental cleanup .............................................. 5,410,162 5,063,507 

Use of prior year balances ............................................................................... –3,381 –3,381 

Total, Defense Environmental Cleanup ................................................... 5,406,781 5,060,126 

Other Defense Activities 

Health, safety and security 

Health, safety and security ...................................................................... 349,445 349,445 

Program direction ..................................................................................... 107,037 107,037 

Total, Health, safety and security ...................................................... 456,482 456,482 

Office of Legacy Management 

Legacy management ................................................................................. 157,514 157,514 

Program direction ..................................................................................... 12,586 12,586 

Total, Office of Legacy Management ................................................. 170,100 170,100 

Defense-related activities 

Infrastructure 

Idaho facilities management 

Idaho sitewide safeguards and security ............................................ 98,500 98,500 

Total, Defense-related activities ......................................................... 98,500 98,500 

Defense related administrative support ........................................................... 118,836 118,836 

Acquisitions workforce improvement ................................................................ 11,892 11,892 

Office of hearings and appeals ......................................................................... 4,142 4,142 

Total, Other Defense Activities ................................................................... 859,952 859,952 

1 DIVISION E—SBIR AND STTR 

2 REAUTHORIZATION 

3 SEC. 5001. SHORT TITLE. 

4 This division may be cited as the ‘‘SBIR/STTR Re5 authorization Act of 2011’’. 

6 SEC. 5002. DEFINITIONS. 

7 In this division— 

8 (1) the terms ‘‘Administration’’ and ‘‘Adminis9 trator’’ mean the Small Business Administration 

10 and the Administrator thereof, respectively; 
814 

†S 1867 ES

1 (2) the terms ‘‘extramural budget’’, ‘‘Federal 

2 agency’’, ‘‘Small Business Innovation Research Pro3 gram’’, ‘‘SBIR’’, ‘‘Small Business Technology 

4 Transfer Program’’, and ‘‘STTR’’ have the mean5 ings given such terms in section 9 of the Small Busi6 ness Act (15 U.S.C. 638); and 

7 (3) the term ‘‘small business concern’’ has the 

8 meaning given that term under section 3 of the 

9 Small Business Act (15 U.S.C. 632). 

10 SEC. 5003. REPEAL. 

11 Subtitle E of title VIII of this Act is amended by 

12 striking section 885. 

13 TITLE LI—REAUTHORIZATION 

14 OF THE SBIR AND STTR PRO15 GRAMS 

16 SEC. 5101. EXTENSION OF TERMINATION DATES. 

17 (a) SBIR.—Section 9(m) of the Small Business Act 

18 (15 U.S.C. 638(m)) is amended by striking ‘‘2011’’ and 

19 inserting ‘‘2019, except as provided in subsection (cc)’’. 

20 (b) STTR.—Section 9(n)(1)(A) of the Small Busi21 ness Act (15 U.S.C. 638(n)(1)(A)) is amended by striking 

22 ‘‘2011’’ and inserting ‘‘2019’’. 

23 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The Continuing Appropriations Act, 2012 (Public Law 

25 112–36), as amended by division D of the Consolidated 
815 

†S 1867 ES

1 and Further Continuing Appropriations Act, 2012 (Public 

2 Law 112–55), is amended by striking section 123. 

3 SEC. 5102. STATUS OF THE OFFICE OF TECHNOLOGY. 

4 Section 9(b) of the Small Business Act (15 U.S.C. 

5 638(b)) is amended— 

6 (1) in paragraph (7), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (8), by striking the period at 

9 the end and inserting ‘‘; and’’; 

10 (3) by redesignating paragraph (8) as para11 graph (9); and 

12 (4) by adding at the end the following: 

13 ‘‘(10) to maintain an Office of Technology to 

14 carry out the responsibilities of the Administration 

15 under this section, which shall be— 

16 ‘‘(A) headed by the Assistant Adminis17 trator for Technology, who shall report directly 

18 to the Administrator; and 

19 ‘‘(B) independent from the Office of Gov20 ernment Contracting of the Administration and 

21 sufficiently staffed and funded to comply with 

22 the oversight, reporting, and public database re23 sponsibilities assigned to the Office of Tech24 nology by the Administrator.’’. 
816 

†S 1867 ES

1 SEC. 5103. SBIR ALLOCATION INCREASE. 

2 Section 9(f) of the Small Business Act (15 U.S.C. 

3 638(f)) is amended— 

4 (1) in paragraph (1)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘Each’’ and inserting ‘‘Except 

7 as provided in paragraph (2)(B), each’’; 

8 (B) in subparagraph (B), by striking 

9 ‘‘and’’ at the end; and 

10 (C) by striking subparagraph (C) and in11 serting the following: 

12 ‘‘(C) not less than 2.5 percent of such 

13 budget in fiscal year 2013; 

14 ‘‘(D) not less than 2.6 percent of such 

15 budget in fiscal year 2014; 

16 ‘‘(E) not less than 2.7 percent of such 

17 budget in fiscal year 2015; 

18 ‘‘(F) not less than 2.8 percent of such 

19 budget in fiscal year 2016; 

20 ‘‘(G) not less than 2.9 percent of such 

21 budget in fiscal year 2017; 

22 ‘‘(H) not less than 3.0 percent of such 

23 budget in fiscal year 2018; 

24 ‘‘(I) not less than 3.1 percent of such 

25 budget in fiscal year 2019; 
817 

†S 1867 ES

1 ‘‘(J) not less than 3.2 percent of such 

2 budget in fiscal year 2020; 

3 ‘‘(K) not less than 3.3 percent of such 

4 budget in fiscal year 2021; 

5 ‘‘(L) not less than 3.4 percent of such 

6 budget in fiscal year 2022; and 

7 ‘‘(M) not less than 3.5 percent of such 

8 budget in fiscal year 2023 and each fiscal year 

9 thereafter,’’; 

10 (2) in paragraph (2)— 

11 (A) by redesignating subparagraphs (A) 

12 and (B) as clauses (i) and (ii), respectively, and 

13 adjusting the margins accordingly; 

14 (B) by striking ‘‘A Federal agency’’ and 

15 inserting the following: 

16 ‘‘(A) IN GENERAL.—A Federal agency’’; 

17 and 

18 (C) by adding at the end the following: 

19 ‘‘(B) DEPARTMENT OF DEFENSE AND DE20 PARTMENT OF ENERGY.—For the Department 

21 of Defense and the Department of Energy, to 

22 the greatest extent practicable, the percentage 

23 of the extramural budget in excess of 2.5 per24 cent required to be expended with small busi-
818 

†S 1867 ES

1 ness concerns under subparagraphs (D) 

2 through (M) of paragraph (1)— 

3 ‘‘(i) may not be used for new Phase I 

4 or Phase II awards; and 

5 ‘‘(ii) shall be used for activities that 

6 further the readiness levels of technologies 

7 developed under Phase II awards, includ8 ing conducting testing and evaluation to 

9 promote the transition of such technologies 

10 into commercial or defense products, or 

11 systems furthering the mission needs of 

12 the Department of Defense or the Depart13 ment of Energy, as the case may be.’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

16 this subsection may be construed to prohibit a Fed17 eral agency from expending with small business con18 cerns an amount of the extramural budget for re19 search or research and development of the Federal 

20 agency that exceeds the amount required under 

21 paragraph (1).’’. 

22 SEC. 5104. STTR ALLOCATION INCREASE. 

23 Section 9(n)(1)(B) of the Small Business Act (15 

24 U.S.C. 638(n)(1)(B)) is amended— 

25 (1) in clause (i), by striking ‘‘and’’ at the end; 
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1 (2) in clause (ii), by striking ‘‘thereafter.’’ and 

2 inserting ‘‘through fiscal year 2012;’’; 

3 (3) by adding at the end the following: 

4 ‘‘(iii) 0.4 percent for fiscal years 2013 

5 and 2014; 

6 ‘‘(iv) 0.5 percent for fiscal years 2015 

7 and 2016; and 

8 ‘‘(v) 0.6 percent for fiscal year 2017 

9 and each fiscal year thereafter.’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

12 this subsection may be construed to prohibit a Fed13 eral agency from expending with small business con14 cerns an amount of the extramural budget for re15 search or research and development of the Federal 

16 agency that exceeds the amount required under 

17 paragraph (1).’’. 

18 SEC. 5105. SBIR AND STTR AWARD LEVELS. 

19 (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) of the 

20 Small Business Act (15 U.S.C. 638(j)(2)(D)) is amend21 ed— 

22 (1) by striking ‘‘$100,000’’ and inserting 

23 ‘‘$150,000’’; and 

24 (2) by striking ‘‘$750,000’’ and inserting 

25 ‘‘$1,000,000’’. 
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1 (b) STTR ADJUSTMENTS.—Section 9(p)(2)(B)(ix) of 

2 the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is 

3 amended— 

4 (1) by striking ‘‘$100,000’’ and inserting 

5 ‘‘$150,000’’; and 

6 (2) by striking ‘‘$750,000’’ and inserting 

7 ‘‘$1,000,000’’. 

8 (c) ANNUAL ADJUSTMENTS.—Section 9 of the Small 

9 Business Act (15 U.S.C. 638) is amended— 

10 (1) in subsection (j)(2)(D), by striking ‘‘once 

11 every 5 years to reflect economic adjustments and 

12 programmatic considerations’’ and inserting ‘‘every 

13 year for inflation’’; and 

14 (2) in subsection (p)(2)(B)(ix), as amended by 

15 subsection (b) of this section, by inserting ‘‘(each of 

16 which the Administrator shall adjust for inflation 

17 annually)’’ after ‘‘$1,000,000,’’. 

18 (d) LIMITATION ON SIZE OF AWARDS.—Section 9 of 

19 the Small Business Act (15 U.S.C. 638) is amended by 

20 adding at the end the following: 

21 ‘‘(aa) LIMITATION ON SIZE OF AWARDS.— 

22 ‘‘(1) LIMITATION.—No Federal agency may 

23 issue an award under the SBIR program or the 

24 STTR program if the size of the award exceeds the 
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1 award guidelines established under this section by 

2 more than 50 percent. 

3 ‘‘(2) MAINTENANCE OF INFORMATION.—Par4 ticipating agencies shall maintain information on 

5 awards exceeding the guidelines established under 

6 this section, including— 

7 ‘‘(A) the amount of each award; 

8 ‘‘(B) a justification for exceeding the 

9 award amount; 

10 ‘‘(C) the identity and location of each 

11 award recipient; and 

12 ‘‘(D) whether an award recipient has re13 ceived any venture capital investment and, if so, 

14 whether the recipient is majority-owned by mul15 tiple venture capital operating companies. 

16 ‘‘(3) REPORTS.—The Administrator shall in17 clude the information described in paragraph (2) in 

18 the annual report of the Administrator to Congress. 

19 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

20 this subsection shall be construed to prevent a Fed21 eral agency from supplementing an award under the 

22 SBIR program or the STTR program using funds of 

23 the Federal agency that are not part of the SBIR 

24 program or the STTR program of the Federal agen25 cy.’’. 
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1 SEC. 5106. AGENCY AND PROGRAM FLEXIBILITY. 

2 Section 9 of the Small Business Act (15 U.S.C. 638), 

3 as amended by this Act, is amended by adding at the end 

4 the following: 

5 ‘‘(bb) SUBSEQUENT PHASE II AWARDS.— 

6 ‘‘(1) AGENCY FLEXIBILITY.—A small business 

7 concern that received an award from a Federal 

8 agency under this section shall be eligible to receive 

9 a subsequent Phase II award from another Federal 

10 agency, if the head of each relevant Federal agency 

11 or the relevant component of the Federal agency 

12 makes a written determination that the topics of the 

13 relevant awards are the same and both agencies re14 port the awards to the Administrator for inclusion in 

15 the public database under subsection (k). 

16 ‘‘(2) SBIR AND STTR PROGRAM FLEXIBILITY.— 

17 A small business concern that received an award 

18 under this section under the SBIR program or the 

19 STTR program may receive a subsequent Phase II 

20 award in either the SBIR program or the STTR 

21 program and the participating agency or agencies 

22 shall report the awards to the Administrator for in23 clusion in the public database under subsection (k). 

24 ‘‘(3) PREVENTING DUPLICATIVE AWARDS.—Be25 fore making an award under paragraph (1) or (2), 

26 the head of a Federal agency shall verify that the 
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1 project to be performed with the award has not been 

2 funded under the SBIR program or STTR program 

3 of another Federal agency.’’. 

4 SEC. 5107. ELIMINATION OF PHASE II INVITATIONS. 

5 (a) IN GENERAL.—Section 9(e) of the Small Busi6 ness Act (15 U.S.C. 638(e)) is amended— 

7 (1) in paragraph (4)(B), by striking ‘‘to fur8 ther’’ and inserting: ‘‘which shall not include any in9 vitation, pre-screening, pre-selection, or down-selec10 tion process for eligibility for the second phase, that 

11 will further’’; and 

12 (2) in paragraph (6)(B), by striking ‘‘to further 

13 develop proposed ideas to’’ and inserting ‘‘which 

14 shall not include any invitation, pre-screening, pre15 selection, or down-selection process for eligibility for 

16 the second phase, that will further develop proposals 

17 that’’. 

18 SEC. 5108. PARTICIPATION BY FIRMS WITH SUBSTANTIAL 

19 INVESTMENT FROM MULTIPLE VENTURE 

20 CAPITAL OPERATING COMPANIES IN A POR21 TION OF THE SBIR PROGRAM. 

22 (a) IN GENERAL.—Section 9 of the Small Business 

23 Act (15 U.S.C. 638), as amended by this Act, is amended 

24 by adding at the end the following: 
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1 ‘‘(cc) PARTICIPATION OF SMALL BUSINESS CON2 CERNS MAJORITY-OWNED BY VENTURE CAPITAL OPER3 ATING COMPANIES IN THE SBIR PROGRAM.— 

4 ‘‘(1) AUTHORITY.—Upon a written determina5 tion described in paragraph (2) provided to the Ad6 ministrator and to the Committee on Small Business 

7 and Entrepreneurship of the Senate and the Com8 mittee on Small Business of the House of Rep9 resentatives not later than 30 days before the date 

10 on which an award is made— 

11 ‘‘(A) the Director of the National Insti12 tutes of Health, the Secretary of Energy, and 

13 the Director of the National Science Founda14 tion may award not more than 25 percent of 

15 the funds allocated for the SBIR program of 

16 the Federal agency to small business concerns 

17 that are owned in majority part by multiple 

18 venture capital operating companies through 

19 competitive, merit-based procedures that are 

20 open to all eligible small business concerns; and 

21 ‘‘(B) the head of a Federal agency other 

22 than a Federal agency described in subpara23 graph (A) that participates in the SBIR pro24 gram may award not more than 15 percent of 

25 the funds allocated for the SBIR program of 
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1 the Federal agency to small business concerns 

2 that are owned in majority part by multiple 

3 venture capital operating companies through 

4 competitive, merit-based procedures that are 

5 open to all eligible small business concerns. 

6 ‘‘(2) DETERMINATION.—A written determina7 tion described in this paragraph is a written deter8 mination by the head of a Federal agency that ex9 plains how the use of the authority under paragraph 

10 (1) will— 

11 ‘‘(A) induce additional venture capital 

12 funding of small business innovations; 

13 ‘‘(B) substantially contribute to the mis14 sion of the Federal agency; 

15 ‘‘(C) demonstrate a need for public re16 search; and 

17 ‘‘(D) otherwise fulfill the capital needs of 

18 small business concerns for additional financing 

19 for the SBIR project. 

20 ‘‘(3) REGISTRATION.—A small business concern 

21 that is majority-owned by multiple venture capital 

22 operating companies and qualified for participation 

23 in the program authorized under paragraph (1) 

24 shall— 
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1 ‘‘(A) register with the Administrator on 

2 the date that the small business concern sub3 mits an application for an award under the 

4 SBIR program; and 

5 ‘‘(B) indicate in any SBIR proposal that 

6 the small business concern is registered under 

7 subparagraph (A) as majority-owned by mul8 tiple venture capital operating companies. 

9 ‘‘(4) COMPLIANCE.— 

10 ‘‘(A) IN GENERAL.—The head of a Federal 

11 agency that makes an award under this sub12 section during a fiscal year shall collect and 

13 submit to the Administrator data relating to 

14 the number and dollar amount of Phase I 

15 awards, Phase II awards, and any other cat16 egory of awards by the Federal agency under 

17 the SBIR program during that fiscal year. 

18 ‘‘(B) ANNUAL REPORTING.—The Adminis19 trator shall include as part of each annual re20 port by the Administration under subsection 

21 (b)(7) any data submitted under subparagraph 

22 (A) and a discussion of the compliance of each 

23 Federal agency that makes an award under this 

24 subsection during the fiscal year with the max25 imum percentages under paragraph (1). 
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1 ‘‘(5) ENFORCEMENT.—If a Federal agency 

2 awards more than the percent of the funds allocated 

3 for the SBIR program of the Federal agency author4 ized under paragraph (1) for a purpose described in 

5 paragraph (1), the head of the Federal agency shall 

6 transfer an amount equal to the amount awarded in 

7 excess of the amount authorized under paragraph 

8 (1) to the funds for general SBIR programs from 

9 the non-SBIR and non-STTR research and develop10 ment funds of the Federal agency not later than 180 

11 days after the date on which the Federal agency 

12 made the award that caused the total awarded under 

13 paragraph (1) to be more than the amount author14 ized under paragraph (1) for a purpose described in 

15 paragraph (1). 

16 ‘‘(6) FINAL DECISIONS ON APPLICATIONS

17 UNDER THE SBIR PROGRAM.— 

18 ‘‘(A) DEFINITION.—In this paragraph, the 

19 term ‘covered small business concern’ means a 

20 small business concern that— 

21 ‘‘(i) was not majority-owned by mul22 tiple venture capital operating companies 

23 on the date on which the small business 

24 concern submitted an application in re-
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1 sponse to a solicitation under the SBIR 

2 programs; and 

3 ‘‘(ii) on the date of the award under 

4 the SBIR program is majority-owned by 

5 multiple venture capital operating compa6 nies. 

7 ‘‘(B) IN GENERAL.—If a Federal agency 

8 does not make an award under a solicitation 

9 under the SBIR program before the date that 

10 is 9 months after the date on which the period 

11 for submitting applications under the solicita12 tion ends— 

13 ‘‘(i) a covered small business concern 

14 is eligible to receive the award, without re15 gard to whether the covered small business 

16 concern meets the requirements for receiv17 ing an award under the SBIR program for 

18 a small business concern that is majority19 owned by multiple venture capital oper20 ating companies, if the covered small busi21 ness concern meets all other requirements 

22 for such an award; and 

23 ‘‘(ii) the head of the Federal agency 

24 shall transfer an amount equal to any 

25 amount awarded to a covered small busi-
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1 ness concern under the solicitation to the 

2 funds for general SBIR programs from the 

3 non-SBIR and non-STTR research and de4 velopment funds of the Federal agency, not 

5 later than 90 days after the date on which 

6 the Federal agency makes the award. 

7 ‘‘(7) EVALUATION CRITERIA.—A Federal agen8 cy may not use investment of venture capital as a 

9 criterion for the award of contracts under the SBIR 

10 program or STTR program. 

11 ‘‘(8) TERMINATION.—The authority under this 

12 subsection shall terminate on September 30, 2016.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 Section 3 of the Small Business Act (15 U.S.C. 632) is 

15 amended by adding at the end the following: 

16 ‘‘(aa) VENTURE CAPITAL OPERATING COMPANY.—In 

17 this Act, the term ‘venture capital operating company’ 

18 means an entity described in clause (i), (v), or (vi) of sec19 tion 121.103(b)(5) of title 13, Code of Federal Regula20 tions (or any successor thereto).’’. 

21 (c) RULEMAKING TO ENSURE THAT FIRMS THAT

22 ARE MAJORITY-OWNED BY MULTIPLE VENTURE CAPITAL

23 OPERATING COMPANIES ARE ABLE TO PARTICIPATE IN

24 A PORTION OF THE SBIR PROGRAM.— 
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1 (1) STATEMENT OF CONGRESSIONAL INTENT.— 

2 It is the stated intent of Congress that the Adminis3 trator should promulgate regulations to carry out 

4 the authority under section 9(cc) of the Small Busi5 ness Act, as added by this section, that— 

6 (A) permit small business concerns that 

7 are majority-owned by multiple venture capital 

8 operating companies to participate in the SBIR 

9 program in accordance with section 9(cc) of the 

10 Small Business Act; 

11 (B) provide specific guidance for small 

12 business concerns that are majority-owned by 

13 multiple venture capital operating companies 

14 with regard to eligibility, participation, and af15 filiation rules; and 

16 (C) preserve and maintain the integrity of 

17 the SBIR program as a program for small busi18 ness concerns in the United States, prohibiting 

19 large businesses or large entities or foreign20 owned businesses or entities from participation 

21 in the program established under section 9 of 

22 the Small Business Act. 

23 (2) RULEMAKING REQUIRED.— 

24 (A) PROPOSED REGULATIONS.—Not later 

25 than 4 months after the date of enactment of 
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1 this Act, the Administrator shall issue proposed 

2 regulations to amend section 121.103 (relating 

3 to determinations of affiliation applicable to the 

4 SBIR program) and section 121.702 (relating 

5 to ownership and control standards and size 

6 standards applicable to the SBIR program) of 

7 title 13, Code of Federal Regulations, for firms 

8 that are majority-owned by multiple venture 

9 capital operating companies and participating 

10 in the SBIR program solely under the authority 

11 under section 9(cc) of the Small Business Act, 

12 as added by this section. 

13 (B) FINAL REGULATIONS.—Not later than 

14 1 year after the date of enactment of this Act, 

15 and after providing notice of and opportunity 

16 for comment on the proposed regulations issued 

17 under subparagraph (A), the Administrator 

18 shall issue final or interim final regulations 

19 under this subsection. 

20 (3) CONTENTS.— 

21 (A) IN GENERAL.—The regulations issued 

22 under this subsection shall permit the participa23 tion of applicants majority-owned by multiple 

24 venture capital operating companies in the 

25 SBIR program in accordance with section 9(cc) 
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1 of the Small Business Act, as added by this sec2 tion, unless the Administrator determines— 

3 (i) in accordance with the size stand4 ards established under subparagraph (B), 

5 that the applicant is— 

6 (I) a large business or large enti7 ty; or 

8 (II) majority-owned or controlled 

9 by a large business or large entity; or 

10 (ii) in accordance with the criteria es11 tablished under subparagraph (C), that the 

12 applicant— 

13 (I) is a foreign business or a for14 eign entity or is not a citizen of the 

15 United States or alien lawfully admit16 ted for permanent residence; or 

17 (II) is majority-owned or con18 trolled by a foreign business, foreign 

19 entity, or person who is not a citizen 

20 of the United States or alien lawfully 

21 admitted for permanent residence. 

22 (B) SIZE STANDARDS.—Under the author23 ity to establish size standards under paragraphs 

24 (2) and (3) of section 3(a) of the Small Busi25 ness Act (15 U.S.C. 632(a)), the Administrator 
833 

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1 shall, in accordance with paragraph (1) of this 

2 subsection, establish size standards for appli3 cants seeking to participate in the SBIR pro4 gram solely under the authority under section 

5 9(cc) of the Small Business Act, as added by 

6 this section. 

7 (C) CRITERIA FOR DETERMINING FOREIGN

8 OWNERSHIP.—The Administrator shall establish 

9 criteria for determining whether an applicant 

10 meets the requirements under subparagraph 

11 (A)(ii), and, in establishing the criteria, shall 

12 consider whether the criteria should include— 

13 (i) whether the applicant is at least 51 

14 percent owned or controlled by citizens of 

15 the United States or domestic venture cap16 ital operating companies; 

17 (ii) whether the applicant is domiciled 

18 in the United States; and 

19 (iii) whether the applicant is a direct 

20 or indirect subsidiary of a foreign-owned 

21 firm, including whether the criteria should 

22 include that an applicant is a direct or in23 direct subsidiary of a foreign-owned entity 

24 if— 
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1 (I) any venture capital operating 

2 company that owns more than 20 per3 cent of the applicant is a direct or in4 direct subsidiary of a foreign-owned 

5 entity; or 

6 (II) in the aggregate, entities 

7 that are direct or indirect subsidiaries 

8 of foreign-owned entities own more 

9 than 49 percent of the applicant. 

10 (D) CRITERIA FOR DETERMINING AFFILI11 ATION.—The Administrator shall establish cri12 teria, in accordance with paragraph (1), for de13 termining whether an applicant is affiliated 

14 with a venture capital operating company or 

15 any other business that the venture capital op16 erating company has financed and, in estab17 lishing the criteria, shall specify that— 

18 (i) if a venture capital operating com19 pany that is determined to be affiliated 

20 with an applicant is a minority investor in 

21 the applicant, the portfolio companies of 

22 the venture capital operating company 

23 shall not be determined to be affiliated 

24 with the applicant, unless— 
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1 (I) the venture capital operating 

2 company owns a majority of the port3 folio company; or 

4 (II) the venture capital operating 

5 company holds a majority of the seats 

6 on the board of directors of the port7 folio company; 

8 (ii) subject to clause (i), the Adminis9 trator retains the authority to determine 

10 whether a venture capital operating com11 pany is affiliated with an applicant, includ12 ing establishing other criteria; 

13 (iii) the Administrator may not deter14 mine that a portfolio company of a venture 

15 capital operating company is affiliated with 

16 an applicant based solely on one or more 

17 shared investors; and 

18 (iv) subject to clauses (i), (ii), and 

19 (iii), the Administrator retains the author20 ity to determine whether a portfolio com21 pany of a venture capital operating com22 pany is affiliated with an applicant based 

23 on factors independent of whether there is 

24 a shared investor, such as whether there 
836 

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1 are contractual obligations between the 

2 portfolio company and the applicant. 

3 (4) ENFORCEMENT.—If the Administrator does 

4 not issue final or interim final regulations under this 

5 subsection on or before the date that is 1 year after 

6 the date of enactment of this Act, the Administrator 

7 may not carry out any activities under section 4(h) 

8 of the Small Business Act (15 U.S.C. 633(h)) (as 

9 continued in effect pursuant to the Act entitled ‘‘An 

10 Act to extend temporarily certain authorities of the 

11 Small Business Administration’’, approved October 

12 10, 2006 (Public Law 109–316; 120 Stat. 1742)) 

13 during the period beginning on the date that is 1 

14 year and 1 day after the date of enactment of this 

15 Act, and ending on the date on which the final or 

16 interim final regulations are issued. 

17 (5) DEFINITION.—In this subsection, the term 

18 ‘‘venture capital operating company’’ has the same 

19 meaning as in section 3(aa) of the Small Business 

20 Act, as added by this section. 

21 (d) ASSISTANCE FOR DETERMINING AFFILIATES.— 

22 (1) CLEAR EXPLANATION REQUIRED.—Not 

23 later than 30 days after the date of enactment of 

24 this Act, the Administrator shall post on the Web 

25 site of the Administration (with a direct link dis-
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1 played on the homepage of the Web site of the Ad2 ministration or the SBIR and STTR Web sites of 

3 the Administration)— 

4 (A) a clear explanation of the SBIR and 

5 STTR affiliation rules under part 121 of title 

6 13, Code of Federal Regulations; and 

7 (B) contact information for officers or em8 ployees of the Administration who— 

9 (i) upon request, shall review an issue 

10 relating to the rules described in subpara11 graph (A); and 

12 (ii) shall respond to a request under 

13 clause (i) not later than 20 business days 

14 after the date on which the request is re15 ceived. 

16 (2) INCLUSION OF AFFILIATION RULES FOR

17 CERTAIN SMALL BUSINESS CONCERNS.—On and 

18 after the date on which the final regulations under 

19 subsection (c) are issued, the Administrator shall 

20 post on the Web site of the Administration informa21 tion relating to the regulations, in accordance with 

22 paragraph (1). 
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1 SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION PREF2 ERENCE. 

3 Section 9(r) of the Small Business Act (15 U.S.C. 

4 638(r)) is amended by adding at the end the following: 

5 ‘‘(4) PHASE III AWARDS.—To the greatest ex6 tent practicable, Federal agencies and Federal prime 

7 contractors shall issue Phase III awards relating to 

8 technology, including sole source awards, to the 

9 SBIR and STTR award recipients that developed 

10 the technology.’’. 

11 SEC. 5110. COLLABORATING WITH FEDERAL LABORA12 TORIES AND RESEARCH AND DEVELOPMENT 

13 CENTERS. 

14 Section 9 of the Small Business Act (15 U.S.C. 638), 

15 as amended by this Act, is amended by adding at the end 

16 the following: 

17 ‘‘(dd) COLLABORATING WITH FEDERAL LABORA18 TORIES AND RESEARCH AND DEVELOPMENT CENTERS.— 

19 ‘‘(1) AUTHORIZATION.—Subject to the limita20 tions under this section, the head of each partici21 pating Federal agency may make SBIR and STTR 

22 awards to any eligible small business concern that— 

23 ‘‘(A) intends to enter into an agreement 

24 with a Federal laboratory or federally funded 

25 research and development center for portions of 
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1 the activities to be performed under that award; 

2 or 

3 ‘‘(B) has entered into a cooperative re4 search and development agreement (as defined 

5 in section 12(d) of the Stevenson-Wydler Tech6 nology Innovation Act of 1980 (15 U.S.C. 

7 3710a(d))) with a Federal laboratory. 

8 ‘‘(2) PROHIBITION.—No Federal agency shall— 

9 ‘‘(A) condition an SBIR or STTR award 

10 upon entering into agreement with any Federal 

11 laboratory or any federally funded laboratory or 

12 research and development center for any por13 tion of the activities to be performed under that 

14 award; 

15 ‘‘(B) approve an agreement between a 

16 small business concern receiving a SBIR or 

17 STTR award and a Federal laboratory or feder18 ally funded laboratory or research and develop19 ment center, if the small business concern per20 forms a lesser portion of the activities to be 

21 performed under that award than required by 

22 this section and by the SBIR Policy Directive 

23 and the STTR Policy Directive of the Adminis24 trator; or 
840 

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1 ‘‘(C) approve an agreement that violates 

2 any provision, including any data rights protec3 tions provision, of this section or the SBIR and 

4 the STTR Policy Directives. 

5 ‘‘(3) IMPLEMENTATION.—Not later than 180 

6 days after the date of enactment of this subsection, 

7 the Administrator shall modify the SBIR Policy Di8 rective and the STTR Policy Directive issued under 

9 this section to ensure that small business concerns— 

10 ‘‘(A) have the flexibility to use the re11 sources of the Federal laboratories and feder12 ally funded research and development centers; 

13 and 

14 ‘‘(B) are not mandated to enter into agree15 ment with any Federal laboratory or any feder16 ally funded laboratory or research and develop17 ment center as a condition of an award.’’. 

18 SEC. 5111. NOTICE REQUIREMENT. 

19 (a) SBIR PROGRAM.—Section 9(g) of the Small 

20 Business Act (15 U.S.C. 638(g)) is amended— 

21 (1) in paragraph (10), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (11), by striking the period at 

24 the end and inserting a semicolon; and 

25 (3) by adding at the end the following: 
841 

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1 ‘‘(12) provide timely notice to the Adminis2 trator of any case or controversy before any Federal 

3 judicial or administrative tribunal concerning the 

4 SBIR program of the Federal agency; and’’. 

5 (b) STTR PROGRAM.—Section 9(o) of the Small 

6 Business Act (15 U.S.C. 638(o)) is amended— 

7 (1) by striking paragraph (15); 

8 (2) in paragraph (16), by striking the period at 

9 the end and inserting ‘‘; and’’; 

10 (3) by redesignating paragraph (16) as para11 graph (15); and 

12 (4) by adding at the end the following: 

13 ‘‘(16) provide timely notice to the Adminis14 trator of any case or controversy before any Federal 

15 judicial or administrative tribunal concerning the 

16 STTR program of the Federal agency.’’. 

17 SEC. 5112. EXPRESS AUTHORITY FOR AN AGENCY TO 

18 AWARD SEQUENTIAL PHASE II AWARDS FOR 

19 SBIR OR STTR FUNDED PROJECTS. 

20 Section 9 of the Small Business Act (15 U.S.C. 638), 

21 as amended by this Act, is amended by adding at the end 

22 the following: 

23 ‘‘(ee) ADDITIONAL PHASE II SBIR AND STTR 

24 AWARDS.—A small business concern that receives a Phase 

25 II SBIR award or a Phase II STTR award for a project 
842 

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1 remains eligible to receive an additional Phase II SBIR 

2 award or Phase II STTR award for that project.’’. 

3 TITLE LII—OUTREACH AND 

4 COMMERCIALIZATION INITIA5 TIVES 

6 SEC. 5201. RURAL AND STATE OUTREACH. 

7 (a) IN GENERAL.—Section 9 of the Small Business 

8 Act (15 U.S.C. 638) is amended by inserting after sub9 section (r) the following: 

10 ‘‘(s) FEDERAL AND STATE TECHNOLOGY PARTNER11 SHIP PROGRAM.— 

12 ‘‘(1) DEFINITIONS.—In this subsection, the fol13 lowing definitions apply: 

14 ‘‘(A) APPLICANT.—The term ‘applicant’ 

15 means an entity, organization, or individual 

16 that submits a proposal for an award or a coop17 erative agreement under this subsection. 

18 ‘‘(B) FAST PROGRAM.—The term ‘FAST 

19 program’ means the Federal and State Tech20 nology Partnership Program established under 

21 this subsection. 

22 ‘‘(C) RECIPIENT.—The term ‘recipient’ 

23 means a person that receives an award or be24 comes party to a cooperative agreement under 

25 this subsection. 
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1 ‘‘(D) STATE.—The term ‘State’ means 

2 each of the several States, the District of Co3 lumbia, the Commonwealth of Puerto Rico, the 

4 Virgin Islands, Guam, and American Samoa. 

5 ‘‘(E) DEFINITIONS RELATING TO MEN6 TORING NETWORKS.—The terms ‘business ad7 vice and counseling’, ‘mentor’, and ‘mentoring 

8 network’ have the meanings given those terms 

9 in section 34(e). 

10 ‘‘(2) ESTABLISHMENT OF PROGRAM.—The Ad11 ministrator shall establish a program to be known as 

12 the Federal and State Technology Partnership Pro13 gram, the purpose of which shall be to strengthen 

14 the technological competitiveness of small business 

15 concerns in the States. 

16 ‘‘(3) GRANTS AND COOPERATIVE AGREE17 MENTS.— 

18 ‘‘(A) JOINT REVIEW.—In carrying out the 

19 FAST program, the Administrator and the pro20 gram managers for the SBIR program and 

21 STTR program at the National Science Foun22 dation, the Department of Defense, and any 

23 other Federal agency determined appropriate by 

24 the Administrator shall jointly review proposals 

25 submitted by applicants and may make awards 
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1 or enter into cooperative agreements under this 

2 subsection based on the factors for consider3 ation set forth in subparagraph (B), in order to 

4 enhance or develop in a State— 

5 ‘‘(i) technology research and develop6 ment by small business concerns; 

7 ‘‘(ii) technology transfer from univer8 sity research to technology-based small 

9 business concerns; 

10 ‘‘(iii) technology deployment and dif11 fusion benefitting small business concerns; 

12 ‘‘(iv) the technological capabilities of 

13 small business concerns through the estab14 lishment or operation of consortia com15 prised of entities, organizations, or individ16 uals, including— 

17 ‘‘(I) State and local development 

18 agencies and entities; 

19 ‘‘(II) representatives of tech20 nology-based small business concerns; 

21 ‘‘(III) industries and emerging 

22 companies; 

23 ‘‘(IV) universities; and 

24 ‘‘(V) small business development 

25 centers; and 
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1 ‘‘(v) outreach, financial support, and 

2 technical assistance to technology-based 

3 small business concerns participating in or 

4 interested in participating in an SBIR pro5 gram or STTR program, including initia6 tives— 

7 ‘‘(I) to make grants or loans to 

8 companies to pay a portion or all of 

9 the cost of developing SBIR or STTR 

10 proposals; 

11 ‘‘(II) to establish or operate a 

12 Mentoring Network within the FAST 

13 program to provide business advice 

14 and counseling that will assist small 

15 business concerns that have been 

16 identified by FAST program partici17 pants, program managers of partici18 pating SBIR agencies, the Adminis19 tration, or other entities that are 

20 knowledgeable about the SBIR and 

21 STTR programs as good candidates 

22 for the SBIR and STTR programs, 

23 and that would benefit from men24 toring, in accordance with section 34; 
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1 ‘‘(III) to create or participate in 

2 a training program for individuals 

3 providing SBIR or STTR outreach 

4 and assistance at the State and local 

5 levels; and 

6 ‘‘(IV) to encourage the commer7 cialization of technology developed 

8 through funding under the SBIR pro9 gram or the STTR program. 

10 ‘‘(B) SELECTION CONSIDERATIONS.—In 

11 making awards or entering into cooperative 

12 agreements under this subsection, the Adminis13 trator and the program managers referred to in 

14 subparagraph (A)— 

15 ‘‘(i) may only consider proposals by 

16 applicants that intend to use a portion of 

17 the Federal assistance provided under this 

18 subsection to provide outreach, financial 

19 support, or technical assistance to tech20 nology-based small business concerns par21 ticipating in or interested in participating 

22 in the SBIR program or STTR program; 

23 and 

24 ‘‘(ii) shall consider, at a minimum— 
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1 ‘‘(I) whether the applicant has 

2 demonstrated that the assistance to 

3 be provided would address unmet 

4 needs of small business concerns in 

5 the community, and whether it is im6 portant to use Federal funding for the 

7 proposed activities; 

8 ‘‘(II) whether the applicant has 

9 demonstrated that a need exists to in10 crease the number or success of small 

11 high-technology businesses in the 

12 State or an area of the State, as 

13 measured by the number of Phase I 

14 and Phase II SBIR awards that have 

15 historically been received by small 

16 business concerns in the State or area 

17 of the State; 

18 ‘‘(III) whether the projected costs 

19 of the proposed activities are reason20 able; 

21 ‘‘(IV) whether the proposal inte22 grates and coordinates the proposed 

23 activities with other State and local 

24 programs assisting small high-tech25 nology firms in the State; 
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1 ‘‘(V) the manner in which the ap2 plicant will measure the results of the 

3 activities to be conducted; and 

4 ‘‘(VI) whether the proposal ad5 dresses the needs of small business 

6 concerns— 

7 ‘‘(aa) owned and controlled 

8 by women; 

9 ‘‘(bb) that are socially and 

10 economically disadvantaged small 

11 business concerns (as defined in 

12 section 8(a)(4)(A)); 

13 ‘‘(cc) that are HUBZone 

14 small business concerns; 

15 ‘‘(dd) located in areas that 

16 have historically not participated 

17 in the SBIR and STTR pro18 grams; 

19 ‘‘(ee) owned and controlled 

20 by service-disabled veterans; 

21 ‘‘(ff) owned and controlled 

22 by Native Americans; and 

23 ‘‘(gg) located in geographic 

24 areas with an unemployment rate 

25 that exceeds the national unem-
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1 ployment rate, based on the most 

2 recently available monthly publi3 cations of the Bureau of Labor 

4 Statistics of the Department of 

5 Labor. 

6 ‘‘(C) PROPOSAL LIMIT.—Not more than 1 

7 proposal may be submitted for inclusion in the 

8 FAST program under this subsection to provide 

9 services in any one State in any 1 fiscal year. 

10 ‘‘(D) PROCESS.—Proposals and applica11 tions for assistance under this subsection shall 

12 be in such form and subject to such procedures 

13 as the Administrator shall establish. The Ad14 ministrator shall promulgate regulations estab15 lishing standards for the consideration of pro16 posals under subparagraph (B), including 

17 standards regarding each of the considerations 

18 identified in subparagraph (B)(ii). 

19 ‘‘(4) COOPERATION AND COORDINATION.—In 

20 carrying out the FAST program, the Administrator 

21 shall cooperate and coordinate with— 

22 ‘‘(A) Federal agencies required by this sec23 tion to have an SBIR program; and 

24 ‘‘(B) entities, organizations, and individ25 uals actively engaged in enhancing or devel-
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1 oping the technological capabilities of small 

2 business concerns, including— 

3 ‘‘(i) State and local development agen4 cies and entities; 

5 ‘‘(ii) State committees established 

6 under the Experimental Program to Stim7 ulate Competitive Research of the National 

8 Science Foundation (as established under 

9 section 113 of the National Science Foun10 dation Authorization Act of 1988 (42 

11 U.S.C. 1862g)); 

12 ‘‘(iii) State science and technology 

13 councils; and 

14 ‘‘(iv) representatives of technology15 based small business concerns. 

16 ‘‘(5) ADMINISTRATIVE REQUIREMENTS.— 

17 ‘‘(A) COMPETITIVE BASIS.—Awards and 

18 cooperative agreements under this subsection 

19 shall be made or entered into, as applicable, on 

20 a competitive basis. 

21 ‘‘(B) MATCHING REQUIREMENTS.— 

22 ‘‘(i) IN GENERAL.—The non-Federal 

23 share of the cost of an activity (other than 

24 a planning activity) carried out using an 
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1 award or under a cooperative agreement 

2 under this subsection shall be— 

3 ‘‘(I) except as provided in clause 

4 (iii), 35 cents for each Federal dollar, 

5 in the case of a recipient that will 

6 serve small business concerns located 

7 in 1 of the 18 States receiving the 

8 fewest Phase I SBIR awards; 

9 ‘‘(II) except as provided in clause 

10 (ii) or (iii), 1 dollar for each Federal 

11 dollar, in the case of a recipient that 

12 will serve small business concerns lo13 cated in 1 of the 16 States receiving 

14 the greatest number of Phase I SBIR 

15 awards; and 

16 ‘‘(III) except as provided in 

17 clause (ii) or (iii), 50 cents for each 

18 Federal dollar, in the case of a recipi19 ent that will serve small business con20 cerns located in a State that is not de21 scribed in subclause (I) or (II) that is 

22 receiving Phase I SBIR awards. 

23 ‘‘(ii) LOW-INCOME AREAS.—The non24 Federal share of the cost of the activity 

25 carried out using an award or under a co-
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1 operative agreement under this subsection 

2 shall be 35 cents for each Federal dollar 

3 that will be directly allocated by a recipient 

4 described in clause (i) to serve small busi5 ness concerns located in a qualified census 

6 tract, as that term is defined in section 

7 42(d)(5)(B)(ii)(I) of the Internal Revenue 

8 Code of 1986. Federal dollars not so allo9 cated by that recipient shall be subject to 

10 the matching requirements of clause (i). 

11 ‘‘(iii) RURAL AREAS.— 

12 ‘‘(I) IN GENERAL.—Except as 

13 provided in subclause (II), the non14 Federal share of the cost of the activ15 ity carried out using an award or 

16 under a cooperative agreement under 

17 this subsection shall be 35 cents for 

18 each Federal dollar that will be di19 rectly allocated by a recipient de20 scribed in clause (i) to serve small 

21 business concerns located in a rural 

22 area. 

23 ‘‘(II) ENHANCED RURAL

24 AWARDS.—For a recipient located in a 

25 rural area that is located in a State 
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1 described in clause (i)(I), the non2 Federal share of the cost of the activ3 ity carried out using an award or 

4 under a cooperative agreement under 

5 this subsection shall be 15 cents for 

6 each Federal dollar that will be di7 rectly allocated by a recipient de8 scribed in clause (i) to serve small 

9 business concerns located in the rural 

10 area. 

11 ‘‘(III) DEFINITION OF RURAL

12 AREA.—In this clause, the term ‘rural 

13 area’ has the meaning given that term 

14 in section 1393(a)(2) of the Internal 

15 Revenue Code of 1986. 

16 ‘‘(iv) TYPES OF FUNDING.—The non17 Federal share of the cost of an activity 

18 carried out by a recipient shall be com19 prised of not less than 50 percent cash and 

20 not more than 50 percent of indirect costs 

21 and in-kind contributions, except that no 

22 such costs or contributions may be derived 

23 from funds from any other Federal pro24 gram. 
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1 ‘‘(v) RANKINGS.—For the first full 

2 fiscal year after the date of enactment of 

3 the SBIR/STTR Reauthorization Act of 

4 2011, and each fiscal year thereafter, 

5 based on the statistics for the most recent 

6 full fiscal year for which the Administrator 

7 has compiled statistics, the Administrator 

8 shall reevaluate the ranking of each State 

9 for purposes of clause (i). 

10 ‘‘(C) DURATION.—Awards may be made or 

11 cooperative agreements entered into under this 

12 subsection for multiple years, not to exceed 5 

13 years in total. 

14 ‘‘(6) ANNUAL REPORTS.—The Administrator 

15 shall submit an annual report to the Committee on 

16 Small Business of the Senate and the Committee on 

17 Science and the Committee on Small Business of the 

18 House of Representatives regarding— 

19 ‘‘(A) the number and amount of awards 

20 provided and cooperative agreements entered 

21 into under the FAST program during the pre22 ceding year; 

23 ‘‘(B) a list of recipients under this sub24 section, including their location and the activi25 ties being performed with the awards made or 
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1 under the cooperative agreements entered into; 

2 and 

3 ‘‘(C) the Mentoring Networks and the 

4 mentoring database, as provided for under sec5 tion 34, including— 

6 ‘‘(i) the status of the inclusion of 

7 mentoring information in the database re8 quired by subsection (k); and 

9 ‘‘(ii) the status of the implementation 

10 and description of the usage of the Men11 toring Networks. 

12 ‘‘(7) PROGRAM LEVELS.— 

13 ‘‘(A) IN GENERAL.—There is authorized to 

14 be appropriated to carry out the FAST pro15 gram, including Mentoring Networks, under 

16 this subsection and section 34, $15,000,000 for 

17 each of fiscal years 2011 through 2016. 

18 ‘‘(B) MENTORING DATABASE.—Of the 

19 total amount made available under subpara20 graph (A) for fiscal years 2011 through 2016, 

21 a reasonable amount, not to exceed a total of 

22 $500,000, may be used by the Administration 

23 to carry out section 34(d). 
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1 ‘‘(8) TERMINATION.—The authority to carry 

2 out the FAST program under this subsection shall 

3 terminate on September 30, 2016.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 The Small Business Act (15 U.S.C. 631 et seq.) is amend6 ed— 

7 (1) by striking section 34 (15 U.S.C. 657d); 

8 (2) by redesignating sections 35 through 43 as 

9 sections 34 through 42, respectively; 

10 (3) in section 9(k)(1)(D) (15 U.S.C. 

11 638(k)(1)(D)), by striking ‘‘section 35(d)’’ and in12 serting ‘‘section 34(d)’’; 

13 (4) in section 34 (15 U.S.C. 657e), as so redes14 ignated— 

15 (A) in subsection (c)(1), by striking ‘‘sec16 tion 34(c)(1)(E)(ii)’’ and inserting ‘‘section 

17 9(s)(3)(A)(v)(II)’’; 

18 (B) by striking ‘‘section 34’’ each place it 

19 appears and inserting ‘‘section 9(s)’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(e) DEFINITIONS.—In this section, the following 

22 definitions apply: 

23 ‘‘(1) BUSINESS ADVICE AND COUNSELING.— 

24 The term ‘business advice and counseling’ means 

25 providing advice and assistance on matters described 
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1 in subsection (c)(2)(B) to small business concerns to 

2 guide them through the SBIR and STTR program 

3 process, from application to award and successful 

4 completion of each phase of the program. 

5 ‘‘(2) FAST PROGRAM.—The term ‘FAST pro6 gram’ means the Federal and State Technology 

7 Partnership Program established under section 9(s). 

8 ‘‘(3) MENTOR.—The term ‘mentor’ means an 

9 individual described in subsection (c)(2). 

10 ‘‘(4) MENTORING NETWORK.—The term ‘Men11 toring Network’ means an association, organization, 

12 coalition, or other entity (including an individual) 

13 that meets the requirements of subsection (c). 

14 ‘‘(5) RECIPIENT.—The term ‘recipient’ means a 

15 person that receives an award or becomes party to 

16 a cooperative agreement under this section. 

17 ‘‘(6) SBIR PROGRAM.—The term ‘SBIR pro18 gram’ has the same meaning as in section 9(e)(4). 

19 ‘‘(7) STATE.—The term ‘State’ means each of 

20 the several States, the District of Columbia, the 

21 Commonwealth of Puerto Rico, the Virgin Islands, 

22 Guam, and American Samoa. 

23 ‘‘(8) STTR PROGRAM.—The term ‘STTR pro24 gram’ has the same meaning as in section 9(e)(6).’’; 
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1 (5) in section 36(d) (15 U.S.C. 657i(d)), as so 

2 redesignated, by striking ‘‘section 43’’ and inserting 

3 ‘‘section 42’’; 

4 (6) in section 39(d) (15 U.S.C. 657l(d)), as so 

5 redesignated, by striking ‘‘section 43’’ and inserting 

6 ‘‘section 42’’; and 

7 (7) in section 40(b) (15 U.S.C. 657m(b)), as so 

8 redesignated, by striking ‘‘section 43’’ and inserting 

9 ‘‘section 42’’. 

10 SEC. 5202. TECHNICAL ASSISTANCE FOR AWARDEES. 

11 Section 9(q) of the Small Business Act (15 U.S.C. 

12 638(q)) is amended— 

13 (1) in paragraph (1)— 

14 (A) by inserting ‘‘or STTR program’’ after 

15 ‘‘SBIR program’’; and 

16 (B) by striking ‘‘SBIR projects’’ and in17 serting ‘‘SBIR or STTR projects’’; 

18 (2) in paragraph (2), by striking ‘‘3 years’’ and 

19 inserting ‘‘5 years’’; and 

20 (3) in paragraph (3)— 

21 (A) in subparagraph (A)— 

22 (i) by inserting ‘‘or STTR’’ after 

23 ‘‘SBIR’’; and 

24 (ii) by striking ‘‘$4,000’’ and insert25 ing ‘‘$5,000’’; 
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1 (B) by striking subparagraph (B) and in2 serting the following: 

3 ‘‘(B) PHASE II.—A Federal agency de4 scribed in paragraph (1) may— 

5 ‘‘(i) provide to the recipient of a 

6 Phase II SBIR or STTR award, through a 

7 vendor selected under paragraph (2), the 

8 services described in paragraph (1), in an 

9 amount equal to not more than $5,000 per 

10 year; or 

11 ‘‘(ii) authorize the recipient of a 

12 Phase II SBIR or STTR award to pur13 chase the services described in paragraph 

14 (1), in an amount equal to not more than 

15 $5,000 per year, which shall be in addition 

16 to the amount of the recipient’s award.’’; 

17 and 

18 (C) by adding at the end the following: 

19 ‘‘(C) FLEXIBILITY.—In carrying out sub20 paragraphs (A) and (B), each Federal agency 

21 shall provide the allowable amounts to a recipi22 ent that meets the eligibility requirements 

23 under the applicable subparagraph, if the re24 cipient requests to seek technical assistance 

25 from an individual or entity other than the ven-
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1 dor selected under paragraph (2) by the Fed2 eral agency. 

3 ‘‘(D) LIMITATION.—A Federal agency may 

4 not— 

5 ‘‘(i) use the amounts authorized under 

6 subparagraph (A) or (B) unless the vendor 

7 selected under paragraph (2) provides the 

8 technical assistance to the recipient; or 

9 ‘‘(ii) enter a contract with a vendor 

10 under paragraph (2) under which the 

11 amount provided for technical assistance is 

12 based on total number of Phase I or Phase 

13 II awards.’’. 

14 SEC. 5203. COMMERCIALIZATION READINESS PROGRAM AT 

15 DEPARTMENT OF DEFENSE. 

16 (a) IN GENERAL.—Section 9(y) of the Small Busi17 ness Act (15 U.S.C. 638(y)) is amended— 

18 (1) in the subsection heading, by striking 

19 ‘‘PILOT’’ and inserting ‘‘READINESS’’; 

20 (2) by striking ‘‘Pilot’’ each place that term ap21 pears and inserting ‘‘Readiness’’; 

22 (3) in paragraph (1)— 

23 (A) by inserting ‘‘or Small Business Tech24 nology Transfer Program’’ after ‘‘Small Busi25 ness Innovation Research Program’’; and 
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1 (B) by adding at the end the following: 

2 ‘‘The authority to create and administer a Com3 mercialization Readiness Program under this 

4 subsection may not be construed to eliminate or 

5 replace any other SBIR program or STTR pro6 gram that enhances the insertion or transition 

7 of SBIR or STTR technologies, including any 

8 such program in effect on the date of enact9 ment of the National Defense Authorization Act 

10 for Fiscal Year 2006 (Public Law 109–163; 

11 119 Stat. 3136).’’; 

12 (4) in paragraph (2), by inserting ‘‘or Small 

13 Business Technology Transfer Program’’ after 

14 ‘‘Small Business Innovation Research Program’’; 

15 (5) by striking paragraphs (5) and (6); and 

16 (6) by inserting after paragraph (4) the fol17 lowing: 

18 ‘‘(5) INSERTION INCENTIVES.—For any con19 tract with a value of not less than $100,000,000, the 

20 Secretary of Defense is authorized to— 

21 ‘‘(A) establish goals for the transition of 

22 Phase III technologies in subcontracting plans; 

23 and 

24 ‘‘(B) require a prime contractor on such a 

25 contract to report the number and dollar 
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1 amount of contracts entered into by that prime 

2 contractor for Phase III SBIR or STTR 

3 projects. 

4 ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY

5 INSERTION.—The Secretary of Defense shall— 

6 ‘‘(A) set a goal to increase the number of 

7 Phase II SBIR contracts and the number of 

8 Phase II STTR contracts awarded by that Sec9 retary that lead to technology transition into 

10 programs of record or fielded systems; 

11 ‘‘(B) use incentives in effect on the date of 

12 enactment of the SBIR/STTR Reauthorization 

13 Act of 2011, or create new incentives, to en14 courage agency program managers and prime 

15 contractors to meet the goal under subpara16 graph (A); and 

17 ‘‘(C) include in the annual report to Con18 gress the percentage of contracts described in 

19 subparagraph (A) awarded by that Secretary, 

20 and information on the ongoing status of 

21 projects funded through the Commercialization 

22 Readiness Program and efforts to transition 

23 these technologies into programs of record or 

24 fielded systems.’’. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 Section 9(i)(1) of the Small Business Act (15 U.S.C. 

3 638(i)(1)) is amended by inserting ‘‘(including awards 

4 under subsection (y))’’ after ‘‘the number of awards’’. 

5 SEC. 5204. COMMERCIALIZATION READINESS PILOT PRO6 GRAM FOR CIVILIAN AGENCIES. 

7 Section 9 of the Small Business Act (15 U.S.C. 638), 

8 as amended by this Act, is amended by adding at the end 

9 the following: 

10 ‘‘(ff) PILOT PROGRAM.— 

11 ‘‘(1) AUTHORIZATION.—The head of each cov12 ered Federal agency may allocate not more than 10 

13 percent of the funds allocated to the SBIR program 

14 and the STTR program of the covered Federal agen15 cy— 

16 ‘‘(A) for awards for technology develop17 ment, testing, and evaluation of SBIR and 

18 STTR Phase II technologies; or 

19 ‘‘(B) to support the progress of research or 

20 research and development conducted under the 

21 SBIR or STTR programs to Phase III. 

22 ‘‘(2) APPLICATION BY FEDERAL AGENCY.— 

23 ‘‘(A) IN GENERAL.—A covered Federal 

24 agency may not establish a pilot program unless 

25 the covered Federal agency makes a written ap-
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1 plication to the Administrator, not later than 

2 90 days before to the first day of the fiscal year 

3 in which the pilot program is to be established, 

4 that describes a compelling reason that addi5 tional investment in SBIR or STTR tech6 nologies is necessary, including unusually high 

7 regulatory, systems integration, or other costs 

8 relating to development or manufacturing of 

9 identifiable, highly promising small business 

10 technologies or a class of such technologies ex11 pected to substantially advance the mission of 

12 the agency. 

13 ‘‘(B) DETERMINATION.—The Adminis14 trator shall— 

15 ‘‘(i) make a determination regarding 

16 an application submitted under subpara17 graph (A) not later than 30 days before 

18 the first day of the fiscal year for which 

19 the application is submitted; 

20 ‘‘(ii) publish the determination in the 

21 Federal Register; and 

22 ‘‘(iii) make a copy of the determina23 tion and any related materials available to 

24 the Committee on Small Business and En25 trepreneurship of the Senate and the Com-
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1 mittee on Small Business of the House of 

2 Representatives. 

3 ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The head 

4 of a covered Federal agency may not make an award 

5 under a pilot program in excess of 3 times the dollar 

6 amounts generally established for Phase II awards 

7 under subsection (j)(2)(D) or (p)(2)(B)(ix). 

8 ‘‘(4) REGISTRATION.—Any applicant that re9 ceives an award under a pilot program shall register 

10 with the Administrator in a registry that is available 

11 to the public. 

12 ‘‘(5) REPORT.—The head of each covered Fed13 eral agency shall include in the annual report of the 

14 covered Federal agency to the Administrator an 

15 analysis of the various activities considered for inclu16 sion in the pilot program of the covered Federal 

17 agency and a statement of the reasons why each ac18 tivity considered was included or not included, as the 

19 case may be. 

20 ‘‘(6) TERMINATION.—The authority to establish 

21 a pilot program under this section expires at the end 

22 of fiscal year 2014. 

23 ‘‘(7) DEFINITIONS.—In this subsection— 

24 ‘‘(A) the term ‘covered Federal agency’— 
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1 ‘‘(i) means a Federal agency partici2 pating in the SBIR program or the STTR 

3 program; and 

4 ‘‘(ii) does not include the Department 

5 of Defense; and 

6 ‘‘(B) the term ‘pilot program’ means the 

7 program established under paragraph (1).’’. 

8 SEC. 5205. ACCELERATING CURES. 

9 (a) IN GENERAL.—The Small Business Act (15 

10 U.S.C. 631 et seq.) is amended by inserting after section 

11 42, as redesignated by section 5201 of this Act, the fol12 lowing: 

13 ‘‘SEC. 43. SMALL BUSINESS INNOVATION RESEARCH PRO14 GRAM. 

15 ‘‘(a) NIH CURES PILOT.— 

16 ‘‘(1) ESTABLISHMENT.—An independent advi17 sory board shall be established at the National Acad18 emy of Sciences (in this section referred to as the 

19 ‘advisory board’) to conduct periodic evaluations of 

20 the SBIR program (as that term is defined in sec21 tion 9) of each of the National Institutes of Health 

22 (referred to in this section as the ‘NIH’) institutes 

23 and centers for the purpose of improving the man24 agement of the SBIR program through data-driven 

25 assessment. 
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1 ‘‘(2) MEMBERSHIP.— 

2 ‘‘(A) IN GENERAL.—The advisory board 

3 shall consist of— 

4 ‘‘(i) the Director of the NIH; 

5 ‘‘(ii) the Director of the SBIR pro6 gram of the NIH; 

7 ‘‘(iii) senior NIH agency managers, 

8 selected by the Director of NIH; 

9 ‘‘(iv) industry experts, selected by the 

10 Council of the National Academy of 

11 Sciences in consultation with the Associate 

12 Administrator for Technology of the Ad13 ministration and the Director of the Office 

14 of Science and Technology Policy; and 

15 ‘‘(v) owners or operators of small 

16 business concerns that have received an 

17 award under the SBIR program of the 

18 NIH, selected by the Associate Adminis19 trator for Technology of the Administra20 tion. 

21 ‘‘(B) NUMBER OF MEMBERS.—The total 

22 number of members selected under clauses (iii), 

23 (iv), and (v) of subparagraph (A) shall not ex24 ceed 10. 
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1 ‘‘(C) EQUAL REPRESENTATION.—The total 

2 number of members of the advisory board se3 lected under clauses (i), (ii), (iii), and (iv) of 

4 subparagraph (A) shall be equal to the number 

5 of members of the advisory board selected 

6 under subparagraph (A)(v). 

7 ‘‘(b) ADDRESSING DATA GAPS.—In order to enhance 

8 the evidence-base guiding SBIR program decisions and 

9 changes, the Director of the SBIR program of the NIH 

10 shall address the gaps and deficiencies in the data collec11 tion concerns identified in the 2007 report of the National 

12 Academy of Science entitled ‘An Assessment of the Small 

13 Business Innovation Research Program at the NIH’. 

14 ‘‘(c) PILOT PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Director of the SBIR 

16 program of the NIH may initiate a pilot program, 

17 under a formal mechanism for designing, imple18 menting, and evaluating pilot programs, to spur in19 novation and to test new strategies that may en20 hance the development of cures and therapies. 

21 ‘‘(2) CONSIDERATIONS.—The Director of the 

22 SBIR program of the NIH may consider conducting 

23 a pilot program to include individuals with success24 ful SBIR program experience in study sections, hir25 ing individuals with small business development ex-
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1 perience for staff positions, separating the commer2 cial and scientific review processes, and examining 

3 the impact of the trend toward larger awards on the 

4 overall program. 

5 ‘‘(d) REPORT TO CONGRESS.—The Director of the 

6 NIH shall submit an annual report to Congress and the 

7 advisory board on the activities of the SBIR program of 

8 the NIH under this section. 

9 ‘‘(e) SBIR GRANTS AND CONTRACTS.— 

10 ‘‘(1) IN GENERAL.—In awarding grants and 

11 contracts under the SBIR program of the NIH each 

12 SBIR program manager shall emphasize applica13 tions that identify products, processes, technologies, 

14 and services that may enhance the development of 

15 cures and therapies. 

16 ‘‘(2) EXAMINATION OF COMMERCIALIZATION

17 AND OTHER METRICS.—The advisory board shall 

18 evaluate the implementation of the requirement 

19 under paragraph (1) by examining increased com20 mercialization and other metrics, to be determined 

21 and collected by the SBIR program of the NIH. 

22 ‘‘(3) PHASE I AND II.—To the greatest extent 

23 practicable, the Director of the SBIR program of 

24 the NIH shall reduce the time period between Phase 
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1 I and Phase II funding of grants and contracts 

2 under the SBIR program of the NIH to 90 days. 

3 ‘‘(f) LIMIT.—Not more than a total of 1 percent of 

4 the extramural budget (as defined in section 9 of the 

5 Small Business Act (15 U.S.C. 638)) of the NIH for re6 search or research and development may be used for the 

7 pilot program under subsection (c) and to carry out sub8 section (e).’’. 

9 (b) PROSPECTIVE REPEAL.—Effective 5 years after 

10 the date of enactment of this Act, the Small Business Act 

11 (15 U.S.C. 631 et seq.) is amended— 

12 (1) by striking section 43, as added by sub13 section (a); and 

14 (2) by redesignating sections 44 and 45 as sec15 tions 43 and 44, respectively. 

16 SEC. 5206. FEDERAL AGENCY ENGAGEMENT WITH SBIR 

17 AND STTR AWARDEES THAT HAVE BEEN 

18 AWARDED MULTIPLE PHASE I AWARDS BUT 

19 HAVE NOT BEEN AWARDED PHASE II 

20 AWARDS. 

21 Section 9 of the Small Business Act (15 U.S.C. 638), 

22 as amended by this Act, is amended by adding at the end 

23 the following: 
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1 ‘‘(gg) REQUIREMENTS RELATING TO FEDERAL

2 AGENCY ENGAGEMENT WITH CERTAIN PHASE I SBIR 

3 AND STTR AWARDEES.— 

4 ‘‘(1) DEFINITION.—In this subsection, the term 

5 ‘covered awardee’ means a small business concern 

6 that— 

7 ‘‘(A) has received multiple Phase I awards 

8 over multiple years, as determined by the head 

9 of a Federal agency, under the SBIR program 

10 or the STTR program of the Federal agency; 

11 and 

12 ‘‘(B) has not received a Phase II award— 

13 ‘‘(i) under the SBIR program or 

14 STTR program, as the case may be, of the 

15 Federal agency described in subparagraph 

16 (A); or 

17 ‘‘(ii) relating to a Phase I award de18 scribed in subparagraph (A) under the 

19 SBIR program or the STTR program of 

20 another Federal agency. 

21 ‘‘(2) PERFORMANCE MEASURES.—The head of 

22 each Federal agency that participates in the SBIR 

23 program or the STTR program shall develop per24 formance measures for any covered awardee relating 

25 to commercializing research or research and develop-
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1 ment activities under the SBIR program or the 

2 STTR program of the Federal agency.’’. 

3 SEC. 5207. CLARIFYING THE DEFINITION OF ‘‘PHASE III’’. 

4 (a) PHASE III AWARDS.—Section 9(e) of the Small 

5 Business Act (15 U.S.C. 638(e)) is amended— 

6 (1) in paragraph (4)(C), in the matter pre7 ceding clause (i), by inserting ‘‘for work that derives 

8 from, extends, or completes efforts made under prior 

9 funding agreements under the SBIR program’’ after 

10 ‘‘phase’’; 

11 (2) in paragraph (6)(C), in the matter pre12 ceding clause (i), by inserting ‘‘for work that derives 

13 from, extends, or completes efforts made under prior 

14 funding agreements under the STTR program’’ after 

15 ‘‘phase’’; 

16 (3) in paragraph (8), by striking ‘‘and’’ at the 

17 end; 

18 (4) in paragraph (9), by striking the period at 

19 the end and inserting a semicolon; and 

20 (5) by adding at the end the following: 

21 ‘‘(10) the term ‘commercialization’ means— 

22 ‘‘(A) the process of developing products, 

23 processes, technologies, or services; and 

24 ‘‘(B) the production and delivery of prod25 ucts, processes, technologies, or services for sale 
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1 (whether by the originating party or by others) 

2 to or use by the Federal Government or com3 mercial markets;’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 The Small Business Act (15 U.S.C. 631 et seq.) is amend6 ed— 

7 (1) in section 9 (15 U.S.C. 638)— 

8 (A) in subsection (e)— 

9 (i) in paragraph (4)(C)(ii), by striking 

10 ‘‘scientific review criteria’’ and inserting 

11 ‘‘merit-based selection procedures’’; 

12 (ii) in paragraph (9), by striking ‘‘the 

13 second or the third phase’’ and inserting 

14 ‘‘Phase II or Phase III’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(11) the term ‘Phase I’ means— 

18 ‘‘(A) with respect to the SBIR program, 

19 the first phase described in paragraph (4)(A); 

20 and 

21 ‘‘(B) with respect to the STTR program, 

22 the first phase described in paragraph (6)(A); 

23 ‘‘(12) the term ‘Phase II’ means— 
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1 ‘‘(A) with respect to the SBIR program, 

2 the second phase described in paragraph 

3 (4)(B); and 

4 ‘‘(B) with respect to the STTR program, 

5 the second phase described in paragraph 

6 (6)(B); and 

7 ‘‘(13) the term ‘Phase III’ means— 

8 ‘‘(A) with respect to the SBIR program, 

9 the third phase described in paragraph (4)(C); 

10 and 

11 ‘‘(B) with respect to the STTR program, 

12 the third phase described in paragraph 

13 (6)(C).’’; 

14 (B) in subsection (j)— 

15 (i) in paragraph (1)(B), by striking 

16 ‘‘phase two’’ and inserting ‘‘Phase II’’; 

17 (ii) in paragraph (2)— 

18 (I) in subparagraph (B)— 

19 (aa) by striking ‘‘the third 

20 phase’’ each place it appears and 

21 inserting ‘‘Phase III’’; and 

22 (bb) by striking ‘‘the second 

23 phase’’ and inserting ‘‘Phase II’’; 

24 (II) in subparagraph (D)— 
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1 (aa) by striking ‘‘the first 

2 phase’’ and inserting ‘‘Phase I’’; 

3 and 

4 (bb) by striking ‘‘the second 

5 phase’’ and inserting ‘‘Phase II’’; 

6 (III) in subparagraph (F), by 

7 striking ‘‘the third phase’’ and insert8 ing ‘‘Phase III’’; 

9 (IV) in subparagraph (G)— 

10 (aa) by striking ‘‘the first 

11 phase’’ and inserting ‘‘Phase I’’; 

12 and 

13 (bb) by striking ‘‘the second 

14 phase’’ and inserting ‘‘Phase II’’; 

15 and 

16 (V) in subparagraph (H)— 

17 (aa) by striking ‘‘the first 

18 phase’’ and inserting ‘‘Phase I’’; 

19 (bb) by striking ‘‘second 

20 phase’’ each place it appears and 

21 inserting ‘‘Phase II’’; and 

22 (cc) by striking ‘‘third 

23 phase’’ and inserting ‘‘Phase 

24 III’’; and 

25 (iii) in paragraph (3)— 
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1 (I) in subparagraph (A)— 

2 (aa) by striking ‘‘the first 

3 phase (as described in subsection 

4 (e)(4)(A))’’ and inserting ‘‘Phase 

5 I’’; 

6 (bb) by striking ‘‘the second 

7 phase (as described in subsection 

8 (e)(4)(B))’’ and inserting ‘‘Phase 

9 II’’; and 

10 (cc) by striking ‘‘the third 

11 phase (as described in subsection 

12 (e)(4)(C))’’ and inserting ‘‘Phase 

13 III’’; and 

14 (II) in subparagraph (B), by 

15 striking ‘‘second phase’’ and inserting 

16 ‘‘Phase II’’; 

17 (C) in subsection (k)— 

18 (i) by striking ‘‘first phase’’ each 

19 place it appears and inserting ‘‘Phase I’’; 

20 and 

21 (ii) by striking ‘‘second phase’’ each 

22 place it appears and inserting ‘‘Phase II’’; 

23 (D) in subsection (l)(2)— 

24 (i) by striking ‘‘the first phase’’ and 

25 inserting ‘‘Phase I’’; and 
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1 (ii) by striking ‘‘the second phase’’ 

2 and inserting ‘‘Phase II’’; 

3 (E) in subsection (o)(13)— 

4 (i) in subparagraph (B), by striking 

5 ‘‘second phase’’ and inserting ‘‘Phase II’’; 

6 and 

7 (ii) in subparagraph (C), by striking 

8 ‘‘third phase’’ and inserting ‘‘Phase III’’; 

9 (F) in subsection (p)— 

10 (i) in paragraph (2)(B)— 

11 (I) in clause (vi)— 

12 (aa) by striking ‘‘the second 

13 phase’’ and inserting ‘‘Phase II’’; 

14 and 

15 (bb) by striking ‘‘the third 

16 phase’’ and inserting ‘‘Phase 

17 III’’; and 

18 (II) in clause (ix)— 

19 (aa) by striking ‘‘the first 

20 phase’’ and inserting ‘‘Phase I’’; 

21 and 

22 (bb) by striking ‘‘the second 

23 phase’’ and inserting ‘‘Phase II’’; 

24 and 

25 (ii) in paragraph (3)— 
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1 (I) by striking ‘‘the first phase 

2 (as described in subsection 

3 (e)(6)(A))’’ and inserting ‘‘Phase I’’; 

4 (II) by striking ‘‘the second 

5 phase (as described in subsection 

6 (e)(6)(B))’’ and inserting ‘‘Phase II’’; 

7 and 

8 (III) by striking ‘‘the third phase 

9 (as described in subsection 

10 (e)(6)(A))’’ and inserting ‘‘Phase III’’; 

11 (G) in subsection (q)(3)— 

12 (i) in subparagraph (A)— 

13 (I) in the subparagraph heading, 

14 by striking ‘‘FIRST PHASE’’ and in15 serting ‘‘PHASE I’’; and 

16 (II) by striking ‘‘first phase’’ and 

17 inserting ‘‘Phase I’’; and 

18 (ii) in subparagraph (B)— 

19 (I) in the subparagraph heading, 

20 by striking ‘‘SECOND PHASE’’ and in21 serting ‘‘PHASE II’’; and 

22 (II) by striking ‘‘second phase’’ 

23 and inserting ‘‘Phase II’’; 

24 (H) in subsection (r)— 
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1 (i) in the subsection heading, by strik2 ing ‘‘THIRD PHASE’’ and inserting 

3 ‘‘PHASE III’’; 

4 (ii) in paragraph (1)— 

5 (I) in the first sentence— 

6 (aa) by striking ‘‘for the sec7 ond phase’’ and inserting ‘‘for 

8 Phase II’’; 

9 (bb) by striking ‘‘third 

10 phase’’ and inserting ‘‘Phase 

11 III’’; and 

12 (cc) by striking ‘‘second 

13 phase period’’ and inserting 

14 ‘‘Phase II period’’; and 

15 (II) in the second sentence— 

16 (aa) by striking ‘‘second 

17 phase’’ and inserting ‘‘Phase II’’; 

18 and 

19 (bb) by striking ‘‘third 

20 phase’’ and inserting ‘‘Phase 

21 III’’; and 

22 (iii) in paragraph (2), by striking 

23 ‘‘third phase’’ and inserting ‘‘Phase III’’; 

24 and 
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1 (I) in subsection (u)(2)(B), by striking 

2 ‘‘the first phase’’ and inserting ‘‘Phase I’’; and 

3 (2) in section 34(c)(2)(B)(vii) (15 U.S.C. 

4 657e(c)(2)(B)(vii)), as redesignated by section 5201 

5 of this Act, by striking ‘‘third phase’’ and inserting 

6 ‘‘Phase III’’. 

7 SEC. 5208. SHORTENED PERIOD FOR FINAL DECISIONS ON 

8 PROPOSALS AND APPLICATIONS. 

9 (a) IN GENERAL.—Section 9 of the Small Business 

10 Act (15 U.S.C. 638) is amended— 

11 (1) in subsection (g)(4)— 

12 (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

13 (B) by adding ‘‘and’’ after the semicolon 

14 at the end; and 

15 (C) by adding at the end the following: 

16 ‘‘(B) make a final decision on each proposal 

17 submitted under the SBIR program— 

18 ‘‘(i) not later than 90 days after the date 

19 on which the solicitation closes; or 

20 ‘‘(ii) if the Administrator authorizes an ex21 tension for a solicitation, not later than 180 

22 days after the date on which the solicitation 

23 closes;’’; and 

24 (2) in subsection (o)(4)— 

25 (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
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1 (B) by adding ‘‘and’’ after the semicolon 

2 at the end; and 

3 (C) by adding at the end the following: 

4 ‘‘(B) make a final decision on each proposal 

5 submitted under the STTR program— 

6 ‘‘(i) not later than 90 days after the date 

7 on which the solicitation closes; or 

8 ‘‘(ii) if the Administrator authorizes an ex9 tension for a solicitation, not later than 180 

10 days after the date on which the solicitation 

11 closes;’’. 

12 (b) NIH PEER REVIEW PROCESS.— 

13 (1) IN GENERAL.—Section 9 of the Small Busi14 ness Act (15 U.S.C. 638), as amended by this Act, 

15 is amended by adding at the end the following: 

16 ‘‘(hh) NIH PEER REVIEW PROCESS.—The Director 

17 of the National Institutes of Health may make an award 

18 under the SBIR program or the STTR program of the 

19 National Institutes of Health if the application for the 

20 award has undergone technical and scientific peer review 

21 under section 492 of the Public Health Service Act (42 

22 U.S.C. 289a).’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENTS.—Section 105 of the National Institutes of 
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1 Health Reform Act of 2006 (42 U.S.C. 284n) is 

2 amended— 

3 (A) in subsection (a)(3)— 

4 (i) by striking ‘‘A grant’’ and insert5 ing ‘‘Except as provided in section 9(hh) of 

6 the Small Business Act (15 U.S.C. 

7 638(hh)), a grant’’; and 

8 (ii) by striking ‘‘section 402(k)’’ and 

9 all that follows through ‘‘Act)’’ and insert10 ing ‘‘section 402(l) of such Act’’; and 

11 (B) in subsection (b)(5)— 

12 (i) by striking ‘‘A grant’’ and insert13 ing ‘‘Except as provided in section 9(hh) of 

14 the Small Business Act (15 U.S.C. 

15 638(hh)), a grant’’; and 

16 (ii) by striking ‘‘section 402(k)’’ and 

17 all that follows through ‘‘Act)’’ and insert18 ing ‘‘section 402(l) of such Act’’. 

19 TITLE LIII—OVERSIGHT AND 

20 EVALUATION 

21 SEC. 5301. STREAMLINING ANNUAL EVALUATION REQUIRE22 MENTS. 

23 Section 9(b) of the Small Business Act (15 U.S.C. 

24 638(b)), as amended by section 5102 of this Act, is 

25 amended— 
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1 (1) in paragraph (7)— 

2 (A) by striking ‘‘STTR programs, includ3 ing the data’’ and inserting the following: 

4 ‘‘STTR programs, including— 

5 ‘‘(A) the data’’; 

6 (B) by striking ‘‘(g)(10), (o)(9), and 

7 (o)(15), the number’’ and all that follows 

8 through ‘‘under each of the SBIR and STTR 

9 programs, and a description’’ and inserting the 

10 following: ‘‘(g)(8) and (o)(9); and 

11 ‘‘(B) the number of proposals received 

12 from, and the number and total amount of 

13 awards to, HUBZone small business concerns 

14 and firms with venture capital investment (in15 cluding those majority-owned by multiple ven16 ture capital operating companies) under each of 

17 the SBIR and STTR programs; 

18 ‘‘(C) a description of the extent to which 

19 each Federal agency is increasing outreach and 

20 awards to firms owned and controlled by women 

21 and social or economically disadvantaged indi22 viduals under each of the SBIR and STTR pro23 grams; 

24 ‘‘(D) general information about the imple25 mentation of, and compliance with the alloca-
884 

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1 tion of funds required under, subsection (cc) for 

2 firms owned in majority part by venture capital 

3 operating companies and participating in the 

4 SBIR program; 

5 ‘‘(E) a detailed description of appeals of 

6 Phase III awards and notices of noncompliance 

7 with the SBIR Policy Directive and the STTR 

8 Policy Directive filed by the Administrator with 

9 Federal agencies; and 

10 ‘‘(F) a description’’; and 

11 (2) by inserting after paragraph (7) the fol12 lowing: 

13 ‘‘(8) to coordinate the implementation of elec14 tronic databases at each of the Federal agencies par15 ticipating in the SBIR program or the STTR pro16 gram, including the technical ability of the partici17 pating agencies to electronically share data;’’. 

18 SEC. 5302. DATA COLLECTION FROM AGENCIES FOR SBIR. 

19 Section 9(g) of the Small Business Act (15 U.S.C. 

20 638(g)) is amended— 

21 (1) by striking paragraph (10); 

22 (2) by redesignating paragraphs (8) and (9) as 

23 paragraphs (9) and (10), respectively; and 

24 (3) by inserting after paragraph (7) the fol25 lowing: 
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1 ‘‘(8) collect annually, and maintain in a com2 mon format in accordance with the simplified report3 ing requirements under subsection (v), such informa4 tion from awardees as is necessary to assess the 

5 SBIR program, including information necessary to 

6 maintain the database described in subsection (k), 

7 including— 

8 ‘‘(A) whether an awardee— 

9 ‘‘(i) has venture capital or is majority10 owned by multiple venture capital oper11 ating companies, and, if so— 

12 ‘‘(I) the amount of venture cap13 ital that the awardee has received as 

14 of the date of the award; and 

15 ‘‘(II) the amount of additional 

16 capital that the awardee has invested 

17 in the SBIR technology; 

18 ‘‘(ii) has an investor that— 

19 ‘‘(I) is an individual who is not a 

20 citizen of the United States or a law21 ful permanent resident of the United 

22 States, and if so, the name of any 

23 such individual; or 

24 ‘‘(II) is a person that is not an 

25 individual and is not organized under 
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1 the laws of a State or the United 

2 States, and if so the name of any such 

3 person; 

4 ‘‘(iii) is owned by a woman or has a 

5 woman as a principal investigator; 

6 ‘‘(iv) is owned by a socially or eco7 nomically disadvantaged individual or has 

8 a socially or economically disadvantaged 

9 individual as a principal investigator; 

10 ‘‘(v) received assistance under the 

11 FAST program under section 34, as in ef12 fect on the day before the date of enact13 ment of the SBIR/STTR Reauthorization 

14 Act of 2011, or the outreach program 

15 under subsection (s); 

16 ‘‘(vi) is a faculty member or a student 

17 of an institution of higher education, as 

18 that term is defined in section 101 of the 

19 Higher Education Act of 1965 (20 U.S.C. 

20 1001); or 

21 ‘‘(vii) is located in a State described 

22 in subsection (u)(3); and 

23 ‘‘(B) a justification statement from the 

24 agency, if an awardee receives an award in an 
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1 amount that is more than the award guidelines 

2 under this section;’’. 

3 SEC. 5303. DATA COLLECTION FROM AGENCIES FOR STTR. 

4 Section 9(o) of the Small Business Act (15 U.S.C. 

5 638(o)) is amended by striking paragraph (9) and insert6 ing the following: 

7 ‘‘(9) collect annually, and maintain in a com8 mon format in accordance with the simplified report9 ing requirements under subsection (v), such informa10 tion from applicants and awardees as is necessary to 

11 assess the STTR program outputs and outcomes, in12 cluding information necessary to maintain the data13 base described in subsection (k), including— 

14 ‘‘(A) whether an applicant or awardee— 

15 ‘‘(i) has venture capital or is majority16 owned by multiple venture capital oper17 ating companies, and, if so— 

18 ‘‘(I) the amount of venture cap19 ital that the applicant or awardee has 

20 received as of the date of the applica21 tion or award, as applicable; and 

22 ‘‘(II) the amount of additional 

23 capital that the applicant or awardee 

24 has invested in the SBIR technology; 

25 ‘‘(ii) has an investor that— 
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1 ‘‘(I) is an individual who is not a 

2 citizen of the United States or a law3 ful permanent resident of the United 

4 States, and if so, the name of any 

5 such individual; or 

6 ‘‘(II) is a person that is not an 

7 individual and is not organized under 

8 the laws of a State or the United 

9 States, and if so the name of any such 

10 person; 

11 ‘‘(iii) is owned by a woman or has a 

12 woman as a principal investigator; 

13 ‘‘(iv) is owned by a socially or eco14 nomically disadvantaged individual or has 

15 a socially or economically disadvantaged 

16 individual as a principal investigator; 

17 ‘‘(v) received assistance under the 

18 FAST program under section 34 or the 

19 outreach program under subsection (s); 

20 ‘‘(vi) is a faculty member or a student 

21 of an institution of higher education, as 

22 that term is defined in section 101 of the 

23 Higher Education Act of 1965 (20 U.S.C. 

24 1001); or 
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1 ‘‘(vii) is located in a State in which 

2 the total value of contracts awarded to 

3 small business concerns under all STTR 

4 programs is less than the total value of 

5 contracts awarded to small business con6 cerns in a majority of other States, as de7 termined by the Administrator in biennial 

8 fiscal years, beginning with fiscal year 

9 2008, based on the most recent statistics 

10 compiled by the Administrator; and 

11 ‘‘(B) if an awardee receives an award in an 

12 amount that is more than the award guidelines 

13 under this section, a statement from the agency 

14 that justifies the award amount;’’. 

15 SEC. 5304. PUBLIC DATABASE. 

16 Section 9(k)(1) of the Small Business Act (15 U.S.C. 

17 638(k)(1)) is amended— 

18 (1) in subparagraph (D), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (E), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(F) for each small business concern that 

24 has received a Phase I or Phase II SBIR or 
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1 STTR award from a Federal agency, whether 

2 the small business concern— 

3 ‘‘(i) has venture capital and, if so, 

4 whether the small business concern is reg5 istered as majority-owned by multiple ven6 ture capital operating companies as re7 quired under subsection (cc)(4); 

8 ‘‘(ii) is owned by a woman or has a 

9 woman as a principal investigator; 

10 ‘‘(iii) is owned by a socially or eco11 nomically disadvantaged individual or has 

12 a socially or economically disadvantaged 

13 individual as a principal investigator; 

14 ‘‘(iv) received assistance under the 

15 FAST program under section 34, as in ef16 fect on the day before the date of enact17 ment of the SBIR/STTR Reauthorization 

18 Act of 2011, or the outreach program 

19 under subsection (s); or 

20 ‘‘(v) is owned by a faculty member or 

21 a student of an institution of higher edu22 cation, as that term is defined in section 

23 101 of the Higher Education Act of 1965 

24 (20 U.S.C. 1001).’’. 
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1 SEC. 5305. GOVERNMENT DATABASE. 

2 Section 9(k) of the Small Business Act (15 U.S.C. 

3 638(k)) is amended— 

4 (1) in paragraph (2)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘Not later’’ and all that follows 

7 through ‘‘Act of 2000’’ and inserting ‘‘Not later 

8 than 90 days after the date of enactment of the 

9 SBIR/STTR Reauthorization Act of 2011’’; 

10 (B) by striking subparagraph (C); 

11 (C) by redesignating subparagraphs (A) 

12 and (B) as subparagraphs (B) and (C), respec13 tively; 

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

15 as so redesignated, the following: 

16 ‘‘(A) contains, for each small business con17 cern that applies for, submits a proposal for, or 

18 receives an award under Phase I or Phase II of 

19 the SBIR program or the STTR program— 

20 ‘‘(i) the name, size, and location, and 

21 an identifying number assigned by the Ad22 ministration of the small business concern; 

23 ‘‘(ii) an abstract of the project; 

24 ‘‘(iii) the specific aims of the project; 

25 ‘‘(iv) the number of employees of the 

26 small business concern; 
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1 ‘‘(v) the names of key individuals that 

2 will carry out the project; 

3 ‘‘(vi) the percentage of effort each in4 dividual described in clause (iv) will con5 tribute to the project; 

6 ‘‘(vii) whether the small business con7 cern is majority-owned by multiple venture 

8 capital operating companies; and 

9 ‘‘(viii) the Federal agency to which 

10 the application is made, and contact infor11 mation for the person or office within the 

12 Federal agency that is responsible for re13 viewing applications and making awards 

14 under the SBIR program or the STTR 

15 program;’’; 

16 (E) by redesignating subparagraphs (D), 

17 and (E) as subparagraphs (E) and (F), respec18 tively; 

19 (F) by inserting after subparagraph (C), 

20 as so redesignated, the following: 

21 ‘‘(D) includes, for each awardee— 

22 ‘‘(i) the name, size, location, and any 

23 identifying number assigned to the award24 ee by the Administrator; 
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1 ‘‘(ii) whether the awardee has venture 

2 capital, and, if so— 

3 ‘‘(I) the amount of venture cap4 ital as of the date of the award; 

5 ‘‘(II) the percentage of ownership 

6 of the awardee held by a venture cap7 ital operating company, including 

8 whether the awardee is majority9 owned by multiple venture capital op10 erating companies; and 

11 ‘‘(III) the amount of additional 

12 capital that the awardee has invested 

13 in the SBIR technology, which infor14 mation shall be collected on an annual 

15 basis; 

16 ‘‘(iii) the names and locations of any 

17 affiliates of the awardee; 

18 ‘‘(iv) the number of employees of the 

19 awardee; 

20 ‘‘(v) the number of employees of the 

21 affiliates of the awardee; and 

22 ‘‘(vi) the names of, and the percent23 age of ownership of the awardee held by— 

24 ‘‘(I) any individual who is not a 

25 citizen of the United States or a law-
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1 ful permanent resident of the United 

2 States; or 

3 ‘‘(II) any person that is not an 

4 individual and is not organized under 

5 the laws of a State or the United 

6 States;’’; 

7 (G) in subparagraph (E), as so redesig8 nated, by striking ‘‘and’’ at the end; 

9 (H) in subparagraph (F), as so redesig10 nated, by striking the period at the end and in11 serting ‘‘; and’’; and 

12 (I) by adding at the end the following: 

13 ‘‘(G) includes a timely and accurate list of 

14 any individual or small business concern that 

15 has participated in the SBIR program or STTR 

16 program that has committed fraud, waste, or 

17 abuse relating to the SBIR program or STTR 

18 program.’’; and 

19 (2) in paragraph (3), by adding at the end the 

20 following: 

21 ‘‘(C) GOVERNMENT DATABASE.—Not later 

22 than 60 days after the date established by a 

23 Federal agency for submitting applications or 

24 proposals for a Phase I or Phase II award 

25 under the SBIR program or STTR program, 
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1 the head of the Federal agency shall submit to 

2 the Administrator the data required under 

3 paragraph (2) with respect to each small busi4 ness concern that applies or submits a proposal 

5 for the Phase I or Phase II award.’’. 

6 SEC. 5306. ACCURACY IN FUNDING BASE CALCULATIONS. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, and every year thereafter 

9 until the date that is 5 years after the date of enactment 

10 of this Act, the Comptroller General of the United States 

11 shall— 

12 (1) conduct a fiscal and management audit of 

13 the SBIR program and the STTR program for the 

14 applicable period to— 

15 (A) determine whether Federal agencies 

16 comply with the expenditure amount require17 ments under subsections (f)(1) and (n)(1) of 

18 section 9 of the Small Business Act (15 U.S.C. 

19 638), as amended by this Act; 

20 (B) assess the extent of compliance with 

21 the requirements of section 9(i)(2) of the Small 

22 Business Act (15 U.S.C. 638(i)(2)) by Federal 

23 agencies participating in the SBIR program or 

24 the STTR program and the Administration; 
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1 (C) assess whether it would be more con2 sistent and effective to base the amount of the 

3 allocations under the SBIR program and the 

4 STTR program on a percentage of the research 

5 and development budget of a Federal agency, 

6 rather than the extramural budget of the Fed7 eral agency; and 

8 (D) determine the portion of the extra9 mural research or research and development 

10 budget of a Federal agency that each Federal 

11 agency spends for administrative purposes re12 lating to the SBIR program or STTR program, 

13 and for what specific purposes, including the 

14 portion, if any, of such budget the Federal 

15 agency spends for salaries and expenses, travel 

16 to visit applicants, outreach events, marketing, 

17 and technical assistance; and 

18 (2) submit a report to the Committee on Small 

19 Business and Entrepreneurship of the Senate and 

20 the Committee on Small Business of the House of 

21 Representatives regarding the audit conducted under 

22 paragraph (1), including the assessments required 

23 under subparagraphs (B) and (C), and the deter24 mination made under subparagraph (D) of para25 graph (1). 
897 

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1 (b) DEFINITION OF APPLICABLE PERIOD.—In this 

2 section, the term ‘‘applicable period’’ means— 

3 (1) for the first report submitted under this 

4 section, the period beginning on October 1, 2005, 

5 and ending on September 30 of the last full fiscal 

6 year before the date of enactment of this Act for 

7 which information is available; and 

8 (2) for the second and each subsequent report 

9 submitted under this section, the period— 

10 (A) beginning on October 1 of the first fis11 cal year after the end of the most recent full 

12 fiscal year relating to which a report under this 

13 section was submitted; and 

14 (B) ending on September 30 of the last 

15 full fiscal year before the date of the report. 

16 SEC. 5307. CONTINUED EVALUATION BY THE NATIONAL 

17 ACADEMY OF SCIENCES. 

18 Section 108 of the Small Business Reauthorization 

19 Act of 2000 (15 U.S.C. 638 note) is amended by adding 

20 at the end the following: 

21 ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AUTHOR22 ITY.— 

23 ‘‘(1) IN GENERAL.—Not later than 6 months 

24 after the date of enactment of the SBIR/STTR Re25 authorization Act of 2011, the head of each agency 
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1 described in subsection (a), in consultation with the 

2 Small Business Administration, shall cooperatively 

3 enter into an agreement with the National Academy 

4 of Sciences for the National Research Council to, 

5 not later than 4 years after the date of enactment 

6 of the SBIR/STTR Reauthorization Act of 2011, 

7 and every 4 years thereafter— 

8 ‘‘(A) continue the most recent study under 

9 this section relating to— 

10 ‘‘(i) the issues described in subpara11 graphs (A), (B), (C), and (E) of subsection 

12 (a)(1); and 

13 ‘‘(ii) the effectiveness of the govern14 ment and public databases described in 

15 section 9(k) of the Small Business Act (15 

16 U.S.C. 638(k)) in reducing vulnerabilities 

17 of the SBIR program and the STTR pro18 gram to fraud, waste, and abuse, particu19 larly with respect to Federal agencies 

20 funding duplicative proposals and business 

21 concerns falsifying information in pro22 posals; 

23 ‘‘(B) make recommendations with respect 

24 to the issues described in subparagraph (A)(ii) 
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1 and subparagraphs (A), (D), and (E) of sub2 section (a)(2); and 

3 ‘‘(C) estimate, to the extent practicable, 

4 the number of jobs created by the SBIR pro5 gram or STTR program of the agency. 

6 ‘‘(2) CONSULTATION.—An agreement under 

7 paragraph (1) shall require the National Research 

8 Council to ensure there is participation by and con9 sultation with the small business community, the 

10 Administration, and other interested parties as de11 scribed in subsection (b). 

12 ‘‘(3) REPORTING.—An agreement under para13 graph (1) shall require that not later than 4 years 

14 after the date of enactment of the SBIR/STTR Re15 authorization Act of 2011, and every 4 years there16 after, the National Research Council shall submit to 

17 the head of the agency entering into the agreement, 

18 the Committee on Small Business and Entrepre19 neurship of the Senate, and the Committee on Small 

20 Business of the House of Representatives a report 

21 regarding the study conducted under paragraph (1) 

22 and containing the recommendations described in 

23 paragraph (1).’’. 
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1 SEC. 5308. TECHNOLOGY INSERTION REPORTING REQUIRE2 MENTS. 

3 Section 9 of the Small Business Act (15 U.S.C. 638), 

4 as amended by this Act, is amended by adding at the end 

5 the following: 

6 ‘‘(ii) PHASE III REPORTING.—The annual SBIR or 

7 STTR report to Congress by the Administration under 

8 subsection (b)(7) shall include, for each Phase III award 

9 made by the Federal agency— 

10 ‘‘(1) the name of the agency or component of 

11 the agency or the non-Federal source of capital mak12 ing the Phase III award; 

13 ‘‘(2) the name of the small business concern or 

14 individual receiving the Phase III award; and 

15 ‘‘(3) the dollar amount of the Phase III 

16 award.’’. 

17 SEC. 5309. INTELLECTUAL PROPERTY PROTECTIONS. 

18 (a) IN GENERAL.—The Comptroller General of the 

19 United States shall conduct a study of the SBIR program 

20 to assess whether— 

21 (1) Federal agencies comply with the data 

22 rights protections for SBIR awardees and the tech23 nologies of SBIR awardees under section 9 of the 

24 Small Business Act (15 U.S.C. 638); 

25 (2) the laws and policy directives intended to 

26 clarify the scope of data rights, including in proto-
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1 types and mentor-prote ́ge ́ relationships and agree2 ments with Federal laboratories, are sufficient to 

3 protect SBIR awardees; and 

4 (3) there is an effective grievance tracking proc5 ess for SBIR awardees who have grievances against 

6 a Federal agency regarding data rights and a proc7 ess for resolving those grievances. 

8 (b) REPORT.—Not later than 18 months after the 

9 date of enactment of this Act, the Comptroller General 

10 shall submit to the Committee on Small Business and En11 trepreneurship of the Senate and the Committee on Small 

12 Business of the House of Representatives a report regard13 ing the study conducted under subsection (a). 

14 SEC. 5310. OBTAINING CONSENT FROM SBIR AND STTR AP15 PLICANTS TO RELEASE CONTACT INFORMA16 TION TO ECONOMIC DEVELOPMENT ORGANI17 ZATIONS. 

18 Section 9 of the Small Business Act (15 U.S.C. 638), 

19 as amended by this Act, is amended by adding at the end 

20 the following: 

21 ‘‘(jj) CONSENT TO RELEASE CONTACT INFORMATION

22 TO ORGANIZATIONS.— 

23 ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— 

24 Each Federal agency required by this section to con25 duct an SBIR program or an STTR program shall 
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1 enable a small business concern that is an SBIR ap2 plicant or an STTR applicant to indicate to the Fed3 eral agency whether the Federal agency has the con4 sent of the concern to— 

5 ‘‘(A) identify the concern to appropriate 

6 local and State-level economic development or7 ganizations as an SBIR applicant or an STTR 

8 applicant; and 

9 ‘‘(B) release the contact information of the 

10 concern to such organizations. 

11 ‘‘(2) RULES.—The Administrator shall estab12 lish rules to implement this subsection. The rules 

13 shall include a requirement that a Federal agency 

14 include in the SBIR and STTR application a provi15 sion through which the applicant can indicate con16 sent for purposes of paragraph (1).’’. 

17 SEC. 5311. PILOT TO ALLOW FUNDING FOR ADMINISTRA18 TIVE, OVERSIGHT, AND CONTRACT PROC19 ESSING COSTS. 

20 (a) IN GENERAL.—Section 9 of the Small Business 

21 Act (15 U.S.C. 638), as amended by this Act, is amended 

22 by adding at the end the following: 

23 ‘‘(kk) ASSISTANCE FOR ADMINISTRATIVE, OVER24 SIGHT, AND CONTRACT PROCESSING COSTS.— 
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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 for the 3 full fiscal years beginning after the date 

3 of enactment of this subsection, the Administrator 

4 shall allow each Federal agency required to conduct 

5 an SBIR program to use not more than 3 percent 

6 of the funds allocated to the SBIR program of the 

7 Federal agency for— 

8 ‘‘(A) the administration of the SBIR pro9 gram or the STTR program of the Federal 

10 agency; 

11 ‘‘(B) the provision of outreach and tech12 nical assistance relating to the SBIR program 

13 or STTR program of the Federal agency, in14 cluding technical assistance site visits and per15 sonnel interviews; 

16 ‘‘(C) the implementation of commercializa17 tion and outreach initiatives that were not in ef18 fect on the date of enactment of this subsection; 

19 ‘‘(D) carrying out the program under sub20 section (y); 

21 ‘‘(E) activities relating to oversight and 

22 congressional reporting, including the waste, 

23 fraud, and abuse prevention activities described 

24 in section 313(a)(1)(B)(ii) of the SBIR/STTR 

25 Reauthorization Act of 2011; 
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1 ‘‘(F) targeted reviews of recipients of 

2 awards under the SBIR program or STTR pro3 gram of the Federal agency that the head of 

4 the Federal agency determines are at high risk 

5 for fraud, waste, or abuse, to ensure compliance 

6 with requirements of the SBIR program or 

7 STTR program, respectively; 

8 ‘‘(G) the implementation of oversight and 

9 quality control measures, including verification 

10 of reports and invoices and cost reviews; 

11 ‘‘(H) carrying out subsection (cc); 

12 ‘‘(I) carrying out subsection (ff); 

13 ‘‘(J) contract processing costs relating to 

14 the SBIR program or STTR program of the 

15 Federal agency; and 

16 ‘‘(K) funding for additional personnel and 

17 assistance with application reviews. 

18 ‘‘(2) PERFORMANCE CRITERIA.—A Federal 

19 agency may not use funds as authorized under para20 graph (1) until after the effective date of perform21 ance criteria, which the Administrator shall estab22 lish, to measure any benefits of using funds as au23 thorized under paragraph (1) and to assess continu24 ation of the authority under paragraph (1). 
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1 ‘‘(3) RULES.—Not later than 180 days after 

2 the date of enactment of this subsection, the Admin3 istrator shall issue rules to carry out this sub4 section.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) IN GENERAL.—Section 9 of the Small Busi7 ness Act (15 U.S.C. 638) is amended— 

8 (A) in subsection (f)(2)(A), as so des9 ignated by section 5103(2) of this Act, by strik10 ing ‘‘shall not’’ and all that follows through 

11 ‘‘make available for the purpose’’ and inserting 

12 ‘‘shall not make available for the purpose’’; and 

13 (B) in subsection (y), as amended by sec14 tion 203— 

15 (i) by striking paragraph (4); 

16 (ii) by redesignating paragraphs (5) 

17 and (6) as paragraphs (4) and (5), respec18 tively. 

19 (2) TRANSITIONAL RULE.—Notwithstanding the 

20 amendments made by paragraph (1), subsection 

21 (f)(2)(A) and (y)(4) of section 9 of the Small Busi22 ness Act (15 U.S.C. 638), as in effect on the day 

23 before the date of enactment of this Act, shall con24 tinue to apply to each Federal agency until the ef25 fective date of the performance criteria established 
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1 by the Administrator under subsection (kk)(2) of 

2 section 9 of the Small Business Act, as added by 

3 subsection (a). 

4 (3) PROSPECTIVE REPEAL.—Effective on the 

5 first day of the fourth full fiscal year following the 

6 date of enactment of this Act, section 9 of the Small 

7 Business Act (15 U.S.C. 638), as amended by para8 graph (1) of this section, is amended— 

9 (A) in subsection (f)(2)(A), by striking 

10 ‘‘shall not make available for the purpose’’ and 

11 inserting the following: ‘‘shall not— 

12 ‘‘(i) use any of its SBIR budget estab13 lished pursuant to paragraph (1) for the 

14 purpose of funding administrative costs of 

15 the program, including costs associated 

16 with salaries and expenses; or 

17 ‘‘(ii) make available for the purpose’’; 

18 and 

19 (B) in subsection (y)— 

20 (i) by redesignating paragraphs (4) 

21 and (5) as paragraphs (5) and (6), respec22 tively; and 

23 (ii) by inserting after paragraph (3) 

24 the following: 

25 ‘‘(4) FUNDING.— 
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1 ‘‘(A) IN GENERAL.—The Secretary of De2 fense and each Secretary of a military depart3 ment may use not more than an amount equal 

4 to 1 percent of the funds available to the De5 partment of Defense or the military department 

6 pursuant to the Small Business Innovation Re7 search Program for payment of expenses in8 curred to administer the Commercialization 

9 Pilot Program under this subsection. 

10 ‘‘(B) LIMITATIONS.—The funds described 

11 in subparagraph (A)— 

12 ‘‘(i) shall not be subject to the limita13 tions on the use of funds in subsection 

14 (f)(2); and 

15 ‘‘(ii) shall not be used to make Phase 

16 III awards.’’. 

17 SEC. 5312. GAO STUDY WITH RESPECT TO VENTURE CAP18 ITAL OPERATING COMPANY INVOLVEMENT. 

19 Not later than 3 years after the date of enactment 

20 of this Act, and every 3 years thereafter, the Comptroller 

21 General of the United States shall— 

22 (1) conduct a study of the impact of require23 ments relating to venture capital operating company 

24 involvement under section 9(cc) of the Small Busi25 ness Act, as added by section 5108 of this Act; and 
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1 (2) submit to Congress a report regarding the 

2 study conducted under paragraph (1). 

3 SEC. 5313. REDUCING VULNERABILITY OF SBIR AND STTR 

4 PROGRAMS TO FRAUD, WASTE, AND ABUSE. 

5 (a) FRAUD, WASTE, AND ABUSE PREVENTION.— 

6 (1) GUIDELINES FOR FRAUD, WASTE, AND

7 ABUSE PREVENTION.— 

8 (A) AMENDMENTS REQUIRED.—Not later 

9 than 90 days after the date of enactment of 

10 this Act, the Administrator shall amend the 

11 SBIR Policy Directive and the STTR Policy 

12 Directive to include measures to prevent fraud, 

13 waste, and abuse in the SBIR program and the 

14 STTR program. 

15 (B) CONTENT OF AMENDMENTS.—The 

16 amendments required under subparagraph (A) 

17 shall include— 

18 (i) definitions or descriptions of fraud, 

19 waste, and abuse; 

20 (ii) a requirement that the Inspectors 

21 General of each Federal agency that par22 ticipates in the SBIR program or the 

23 STTR program cooperate to— 

24 (I) establish fraud detection indi25 cators; 
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1 (II) review regulations and oper2 ating procedures of the Federal agen3 cies; 

4 (III) coordinate information 

5 sharing between the Federal agencies; 

6 and 

7 (IV) improve the education and 

8 training of, and outreach to— 

9 (aa) administrators of the 

10 SBIR program and the STTR 

11 program of each Federal agency; 

12 (bb) applicants to the SBIR 

13 program or the STTR program; 

14 and 

15 (cc) recipients of awards 

16 under the SBIR program or the 

17 STTR program; 

18 (iii) guidelines for the monitoring and 

19 oversight of applicants to and recipients of 

20 awards under the SBIR program or the 

21 STTR program; and 

22 (iv) a requirement that each Federal 

23 agency that participates in the SBIR pro24 gram or STTR program include the tele-
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1 phone number of the hotline established 

2 under paragraph (2)— 

3 (I) on the Web site of the Fed4 eral agency; and 

5 (II) in any solicitation or notice 

6 of funding opportunity issued by the 

7 Federal agency for the SBIR program 

8 or the STTR program. 

9 (2) FRAUD, WASTE, AND ABUSE PREVENTION

10 HOTLINE.— 

11 (A) HOTLINE ESTABLISHED.—The Admin12 istrator shall establish a telephone hotline that 

13 allows individuals to report fraud, waste, and 

14 abuse in the SBIR program or STTR program. 

15 (B) PUBLICATION.—The Administrator 

16 shall include the telephone number for the hot17 line established under subparagraph (A) on the 

18 Web site of the Administration. 

19 (b) STUDY AND REPORT.— 

20 (1) STUDY.—Not later than 1 year after the 

21 date of enactment of this Act, and every 3 years 

22 thereafter, the Comptroller General of the United 

23 States shall— 

24 (A) conduct a study that evaluates— 
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1 (i) the implementation by each Fed2 eral agency that participates in the SBIR 

3 program or the STTR program of the 

4 amendments to the SBIR Policy Directive 

5 and the STTR Policy Directive made pur6 suant to subsection (a); 

7 (ii) the effectiveness of the manage8 ment information system of each Federal 

9 agency that participates in the SBIR pro10 gram or STTR program in identifying du11 plicative SBIR and STTR projects; 

12 (iii) the effectiveness of the risk man13 agement strategies of each Federal agency 

14 that participates in the SBIR program or 

15 STTR program in identifying areas of the 

16 SBIR program or the STTR program that 

17 are at high risk for fraud; 

18 (iv) technological tools that may be 

19 used to detect patterns of behavior that 

20 may indicate fraud by applicants to the 

21 SBIR program or the STTR program; 

22 (v) the success of each Federal agency 

23 that participates in the SBIR program or 

24 STTR program in reducing fraud, waste, 
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1 and abuse in the SBIR program or the 

2 STTR program of the Federal agency; and 

3 (vi) the extent to which the Inspector 

4 General of each Federal agency that par5 ticipates in the SBIR program or STTR 

6 program effectively conducts investigations 

7 of individuals alleged to have submitted 

8 false claims or violated Federal law relat9 ing to fraud, conflicts of interest, bribery, 

10 gratuity, or other misconduct; and 

11 (B) submit to the Committee on Small 

12 Business and Entrepreneurship of the Senate, 

13 the Committee on Small Business of the House 

14 of Representatives, and the head of each Fed15 eral agency that participates in the SBIR pro16 gram or STTR program a report on the results 

17 of the study conducted under subparagraph 

18 (A). 

19 SEC. 5314. INTERAGENCY POLICY COMMITTEE. 

20 (a) ESTABLISHMENT.—The Director of the Office of 

21 Science and Technology Policy (in this section referred to 

22 as the ‘‘Director’’), in conjunction with the Administrator, 

23 shall establish an Interagency SBIR/STTR Policy Com24 mittee (in this section referred to as the ‘‘Committee’’) 

25 comprised of 1 representative from each Federal agency 
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1 with an SBIR program or an STTR program and 1 rep2 resentative of the Office of Management and Budget. 

3 (b) COCHAIRPERSONS.—The Director and the Ad4 ministrator shall serve as cochairpersons of the Com5 mittee. 

6 (c) DUTIES.—The Committee shall review, and make 

7 policy recommendations on ways to improve the effective8 ness and efficiency of, the SBIR program and the STTR 

9 program, including— 

10 (1) reviewing the effectiveness of the public and 

11 government databases described in section 9(k) of 

12 the Small Business Act (15 U.S.C. 638(k)); 

13 (2) identifying— 

14 (A) best practices for commercialization 

15 assistance by Federal agencies that have signifi16 cant potential to be employed by other Federal 

17 agencies; and 

18 (B) proposals by Federal agencies for ini19 tiatives to address challenges for small business 

20 concerns in obtaining funding after a Phase II 

21 award ends and before commercialization; and 

22 (3) developing and incorporating a standard 

23 evaluation framework to enable systematic assess24 ment of the SBIR program and STTR program, in25 cluding through improved tracking of awards and 
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1 outcomes and development of performance measures 

2 for the SBIR program and STTR program of each 

3 Federal agency. 

4 (d) REPORTS.—The Committee shall submit to the 

5 Committee on Small Business and Entrepreneurship of 

6 the Senate and the Committee on Science and Technology 

7 and the Committee on Small Business of the House of 

8 Representatives— 

9 (1) a report on the review by and recommenda10 tions of the Committee under subsection (c)(1) not 

11 later than 1 year after the date of enactment of this 

12 Act; 

13 (2) a report on the review by and recommenda14 tions of the Committee under subsection (c)(2) not 

15 later than 18 months after the date of enactment of 

16 this Act; and 

17 (3) a report on the review by and recommenda18 tions of the Committee under subsection (c)(3) not 

19 later than 2 years after the date of enactment of 

20 this Act. 

21 SEC. 5315. SIMPLIFIED PAPERWORK REQUIREMENTS. 

22 Section 9(v) of the Small Business Act (15 U.S.C. 

23 638(v)) is amended— 

24 (1) in the subsection heading, by striking ‘‘SIM25 PLIFIED REPORTING REQUIREMENTS’’ and inserting 
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1 ‘‘REDUCING PAPERWORK AND COMPLIANCE BUR2 DEN’’; 

3 (2) by striking ‘‘The Administrator’’ and insert4 ing the following: 

5 ‘‘(1) STANDARDIZATION OF REPORTING RE6 QUIREMENTS.—The Administrator’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(2) SIMPLIFICATION OF APPLICATION AND

9 AWARD PROCESS.—Not later than one year after the 

10 date of enactment of this paragraph, and after a pe11 riod of public comment, the Administrator shall 

12 issue regulations or guidelines, taking into consider13 ation the unique needs of each Federal agency, to 

14 ensure that each Federal agency required to carry 

15 out an SBIR program or STTR program simplifies 

16 and standardizes the program proposal, selection, 

17 contracting, compliance, and audit procedures for 

18 the SBIR program or STTR program of the Federal 

19 agency (including procedures relating to overhead 

20 rates for applicants and documentation require21 ments) to reduce the paperwork and regulatory com22 pliance burden on small business concerns applying 

23 to and participating in the SBIR program or STTR 

24 program.’’. 
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1 TITLE LIV—POLICY DIRECTIVES 

2 SEC. 5401. CONFORMING AMENDMENTS TO THE SBIR AND 

3 THE STTR POLICY DIRECTIVES. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Administrator shall pro6 mulgate amendments to the SBIR Policy Directive and 

7 the STTR Policy Directive to conform such directives to 

8 this Act and the amendments made by this Act. 

9 (b) PUBLISHING SBIR POLICY DIRECTIVE AND THE

10 STTR POLICY DIRECTIVE IN THE FEDERAL REGISTER.— 

11 Not later than 180 days after the date of enactment of 

12 this Act, the Administrator shall publish the amended 

13 SBIR Policy Directive and the amended STTR Policy Di14 rective in the Federal Register. 

15 TITLE LV—OTHER PROVISIONS 

16 SEC. 5501. RESEARCH TOPICS AND PROGRAM DIVERSIFICA17 TION. 

18 (a) SBIR PROGRAM.—Section 9(g) of the Small 

19 Business Act (15 U.S.C. 638(g)) is amended— 

20 (1) in paragraph (3)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘broad research topics and to 

23 topics that further 1 or more critical tech24 nologies’’ and inserting ‘‘applications to the 

25 Federal agency for support of projects relating 
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1 to nanotechnology, rare diseases, security, en2 ergy, transportation, or improving the security 

3 and quality of the water supply of the United 

4 States, and the efficiency of water delivery sys5 tems and usage patterns in the United States 

6 (including the territories of the United States) 

7 through the use of technology (to the extent 

8 that the projects relate to the mission of the 

9 Federal agency), broad research topics, and 

10 topics that further 1 or more critical tech11 nologies or research priorities’’; 

12 (B) in subparagraph (A), by striking ‘‘or’’ 

13 at the end; and 

14 (C) by adding at the end the following: 

15 ‘‘(C) the National Academy of Sciences, in 

16 the final report issued by the ‘America’s Energy 

17 Future: Technology Opportunities, Risks, and 

18 Tradeoffs’ project, and in any subsequent re19 port by the National Academy of Sciences on 

20 sustainability, energy, or alternative fuels; 

21 ‘‘(D) the National Institutes of Health, in 

22 the annual report on the rare diseases research 

23 activities of the National Institutes of Health 

24 for fiscal year 2005, and in any subsequent re-
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1 port by the National Institutes of Health on 

2 rare diseases research activities; 

3 ‘‘(E) the National Academy of Sciences, in 

4 the final report issued by the ‘Transit Research 

5 and Development: Federal Role in the National 

6 Program’ project and the report entitled 

7 ‘Transportation Research, Development and 

8 Technology Strategic Plan (2006–2010)’ issued 

9 by the Research and Innovative Technology Ad10 ministration of the Department of Transpor11 tation, and in any subsequent report issued by 

12 the National Academy of Sciences or the De13 partment of Transportation on transportation 

14 and infrastructure; or 

15 ‘‘(F) the national nanotechnology strategic 

16 plan required under section 2(c)(4) of the 21st 

17 Century Nanotechnology Research and Develop18 ment Act (15 U.S.C. 7501(c)(4)) and in any re19 port issued by the National Science and Tech20 nology Council Committee on Technology that 

21 focuses on areas of nanotechnology identified in 

22 such plan;’’; and 

23 (2) by adding after paragraph (12), as added 

24 by section 5111(a) of this Act, the following: 
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1 ‘‘(13) encourage applications under the SBIR 

2 program (to the extent that the projects relate to the 

3 mission of the Federal agency)— 

4 ‘‘(A) from small business concerns in geo5 graphic areas underrepresented in the SBIR 

6 program or located in rural areas (as defined in 

7 section 1393(a)(2) of the Internal Revenue 

8 Code of 1986); 

9 ‘‘(B) small business concerns owned and 

10 controlled by women; 

11 ‘‘(C) small business concerns owned and 

12 controlled by veterans; 

13 ‘‘(D) small business concerns owned and 

14 controlled by Native Americans; and 

15 ‘‘(E) small business concerns located in a 

16 geographic area with an unemployment rates 

17 that exceed the national unemployment rate, 

18 based on the most recently available monthly 

19 publications of the Bureau of Labor Statistics 

20 of the Department of Labor.’’. 

21 (b) STTR PROGRAM.—Section 9(o) of the Small 

22 Business Act (15 U.S.C. 638(o)), as amended by section 

23 5111(b) of this Act, is amended— 

24 (1) in paragraph (3)— 
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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘broad research topics and to 

3 topics that further 1 or more critical tech4 nologies’’ and inserting ‘‘applications to the 

5 Federal agency for support of projects relating 

6 to nanotechnology, security, energy, rare dis7 eases, transportation, or improving the security 

8 and quality of the water supply of the United 

9 States (to the extent that the projects relate to 

10 the mission of the Federal agency), broad re11 search topics, and topics that further 1 or more 

12 critical technologies or research priorities’’; 

13 (B) in subparagraph (A), by striking ‘‘or’’ 

14 at the end; and 

15 (C) by adding at the end the following: 

16 ‘‘(C) the National Academy of Sciences, in 

17 the final report issued by the ‘America’s Energy 

18 Future: Technology Opportunities, Risks, and 

19 Tradeoffs’ project, and in any subsequent re20 port by the National Academy of Sciences on 

21 sustainability, energy, or alternative fuels; 

22 ‘‘(D) the National Institutes of Health, in 

23 the annual report on the rare diseases research 

24 activities of the National Institutes of Health 

25 for fiscal year 2005, and in any subsequent re-
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1 port by the National Institutes of Health on 

2 rare diseases research activities; 

3 ‘‘(E) the National Academy of Sciences, in 

4 the final report issued by the ‘Transit Research 

5 and Development: Federal Role in the National 

6 Program’ project and the report entitled 

7 ‘Transportation Research, Development and 

8 Technology Strategic Plan (2006–2010)’ issued 

9 by the Research and Innovative Technology Ad10 ministration of the Department of Transpor11 tation, and in any subsequent report issued by 

12 the National Academy of Sciences or the De13 partment of Transportation on transportation 

14 and infrastructure; or 

15 ‘‘(F) the national nanotechnology strategic 

16 plan required under section 2(c)(4) of the 21st 

17 Century Nanotechnology Research and Develop18 ment Act (15 U.S.C. 7501(c)(4)) and in any re19 port issued by the National Science and Tech20 nology Council Committee on Technology that 

21 focuses on areas of nanotechnology identified in 

22 such plan;’’; 

23 (2) in paragraph (15), by striking ‘‘and’’ at the 

24 end; 
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1 (3) in paragraph (16), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(17) encourage applications under the STTR 

5 program (to the extent that the projects relate to the 

6 mission of the Federal agency)— 

7 ‘‘(A) from small business concerns in geo8 graphic areas underrepresented in the STTR 

9 program or located in rural areas (as defined in 

10 section 1393(a)(2) of the Internal Revenue 

11 Code of 1986); 

12 ‘‘(B) small business concerns owned and 

13 controlled by women; 

14 ‘‘(C) small business concerns owned and 

15 controlled by veterans; 

16 ‘‘(D) small business concerns owned and 

17 controlled by Native Americans; and 

18 ‘‘(E) small business concerns located in a 

19 geographic area with an unemployment rates 

20 that exceed the national unemployment rate, 

21 based on the most recently available monthly 

22 publications of the Bureau of Labor Statistics 

23 of the Department of Labor.’’. 
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1 (c) RESEARCH AND DEVELOPMENT FOCUS.—Section 

2 9(x) of the Small Business Act (15 U.S.C. 638(x)) is 

3 amended— 

4 (1) by striking paragraph (2); and 

5 (2) by redesignating paragraph (3) as para6 graph (2). 

7 SEC. 5502. REPORT ON SBIR AND STTR PROGRAM GOALS. 

8 Section 9 of the Small Business Act (15 U.S.C. 638), 

9 as amended by this Act, is amended by adding at the end 

10 the following: 

11 ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR PRO12 GRAM GOALS.— 

13 ‘‘(1) DEVELOPMENT OF METRICS.—The head of 

14 each Federal agency required to participate in the 

15 SBIR program or the STTR program shall develop 

16 metrics to evaluate the effectiveness, and the benefit 

17 to the people of the United States, of the SBIR pro18 gram and the STTR program of the Federal agency 

19 that— 

20 ‘‘(A) are science-based and statistically 

21 driven; 

22 ‘‘(B) reflect the mission of the Federal 

23 agency; and 

24 ‘‘(C) include factors relating to the eco25 nomic impact of the programs. 
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1 ‘‘(2) EVALUATION.—The head of each Federal 

2 agency described in paragraph (1) shall conduct an 

3 annual evaluation using the metrics developed under 

4 paragraph (1) of— 

5 ‘‘(A) the SBIR program and the STTR 

6 program of the Federal agency; and 

7 ‘‘(B) the benefits to the people of the 

8 United States of the SBIR program and the 

9 STTR program of the Federal agency. 

10 ‘‘(3) REPORT.— 

11 ‘‘(A) IN GENERAL.—The head of each 

12 Federal agency described in paragraph (1) shall 

13 submit to the appropriate committees of Con14 gress and the Administrator an annual report 

15 describing in detail the results of an evaluation 

16 conducted under paragraph (2). 

17 ‘‘(B) PUBLIC AVAILABILITY OF REPORT.— 

18 The head of each Federal agency described in 

19 paragraph (1) shall make each report submitted 

20 under subparagraph (A) available to the public 

21 online. 

22 ‘‘(C) DEFINITION.—In this paragraph, the 

23 term ‘appropriate committees of Congress’ 

24 means— 
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1 ‘‘(i) the Committee on Small Business 

2 and Entrepreneurship of the Senate; and 

3 ‘‘(ii) the Committee on Small Busi4 ness and the Committee on Science and 

5 Technology of the House of Representa6 tives.’’. 

7 SEC. 5503. COMPETITIVE SELECTION PROCEDURES FOR 

8 SBIR AND STTR PROGRAMS. 

9 Section 9 of the Small Business Act (15 U.S.C. 638), 

10 as amended by this Act, is amended by adding at the end 

11 the following: 

12 ‘‘(mm) COMPETITIVE SELECTION PROCEDURES FOR

13 SBIR AND STTR PROGRAMS.—All funds awarded, appro14 priated, or otherwise made available in accordance with 

15 subsection (f) or (n) must be awarded pursuant to com16 petitive and merit-based selection procedures.’’. 

Passed the Senate December 1, 2011. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION S. 1867 

AN ACT 

To authorize appropriations for fiscal year 2012 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense,