HR 1540 RFS
SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT 
LAUNCH SYSTEM DEVELOPMENT AND PRO-
CUREMENT PROGRAM AS MAJOR SUBPRO-
GRAM. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall designate 
the electromagnetic aircraft launch development and pro-
curement program as a major subprogram of the CVN– 
78 Ford-class aircraft carrier major defense acquisition 
program, in accordance with section 2430a of title 10, 
United States Code. 
SEC. 222. PROHIBITION ON DELEGATION OF BUDGETING 
AUTHORITY FOR CERTAIN RESEARCH AND 
EDUCATIONAL PROGRAMS. 
(a) PROHIBITION ON DELEGATION.—Subsection (a) 
of section 2362 of title 10, United States Code, is amend-
ed— 
(1) by striking ‘‘The Secretary of Defense’’ and 
inserting ‘‘(1) The Secretary of Defense’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The Secretary of Defense may not delegate to 
an individual outside the Office of the Secretary of De-
fense the authority regarding the programming or budg-
eting of the program established by this section that is 
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carried out by the Assistant Secretary of Defense for Re-
search and Engineering.’’. 
(b) CONFORMING AMENDMENTS.—Such section 2362 
is amended further— 
(1) in subsection (b), by striking ‘‘established 
under subsection (a)’’ and inserting ‘‘established by 
subsection (a)(1)’’; and 
(2) in subsection (c), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a)(1)’’. 
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR FU-
TURE UNMANNED CARRIER-BASED STRIKE 
SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2012 for research, development, test, and evalua-
tion, Navy, for the Future Unmanned Carrier-based 
Strike System, not more than 15 percent may be obligated 
or expended until the date that is 60 days after the date 
on which— 
(1) the Chairman of the Joint Requirements 
Oversight Council certifies to the congressional de-
fense committees that— 
(A) such system is required to fill a vali-
dated capability gap of the Department of De-
fense; and 
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(B) the Council has reviewed and approved 
the capability and development document relat-
ing to such system; 
(2) the Assistant Secretary of the Navy for Re-
search, Development, and Acquisition submits to the 
congressional defense committees a report con-
taining— 
(A) a delineation of threshold and objective 
key performance parameters; 
(B) a certification that the threshold and 
objective key performance parameters for such 
system have been established and are achiev-
able; and 
(C) a description of the requirements of 
such system with respect to— 
(i) weapons payload; 
(ii) intelligence, reconnaissance, and 
surveillance equipment; 
(iii) electronic attack and electronic 
protection equipment; 
(iv) communications equipment; 
(v) range; 
(vi) mission endurance for un-refueled 
and aerial refueled operations; 
(vii) low-observability characteristics; 
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(viii) affordability; 
(ix) survivability; and 
(x) interoperability with other Navy 
and joint-service unmanned aerial systems 
and mission control stations; and 
(3) the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics certifies to the con-
gressional defense committees that— 
(A) the Secretary of the Navy has com-
pleted a comprehensive analysis of alternatives 
for such system; 
(B) the acquisition strategy of the Sec-
retary for the engineering, manufacturing, de-
velopment, and fielding phases of such system 
is achievable and presents medium, or less, risk; 
(C) such acquisition strategy integrates a 
fair and open competitive acquisition strategy 
environment for all potential competitors; 
(D) the data, information, and lessons 
learned from the Unmanned Carrier-based Air-
craft System of the Navy are sufficiently inte-
grated into the acquisition strategy of the Fu-
ture Unmanned Carrier-based Strike System 
and that the level of concurrency between the 
programs is prudent and reasonable; and 
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(E) the Secretary has sufficient fiscal re-
sources budgeted in the future years defense 
plan and extended planning period that sup-
ports the acquisition strategy described in sub-
paragraph (B). 
(b) GAO BRIEFING.—Not later than 90 days after 
the date on which the certifications and report under sub-
section (a) are received by the congressional defense com-
mittees, the Comptroller General of the United States 
shall brief the congressional defense committees on an 
evaluation of the acquisition strategy of the Secretary of 
the Navy for the Future Unmanned Carrier-based Strike 
System. 
(c) FORM.—The report required by subsection (a)(2) 
shall be submitted in unclassified form, but may include 
a classified annex. 
Subtitle C—Missile Defense 
Programs 
SEC. 231. ACQUISITION ACCOUNTABILITY REPORTS ON THE 
BALLISTIC MISSILE DEFENSE SYSTEM. 
(a) BASELINE REQUIRED.— 
(1) IN GENERAL.—Chapter 9 of title 10, United 
States Code, is amended by inserting after section 
224 the following new section: 
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‘‘§ 225. Acquisition accountability reports on the bal-
listic missile defense system 
‘‘(a) BASELINES REQUIRED.—(1) In accordance with 
paragraph (2), the Director of the Missile Defense Agency 
shall establish and maintain an acquisition baseline for— 
‘‘(A) each program element of the ballistic mis-
sile defense system, as specified in section 223 of 
this title; and 
‘‘(B) each designated major subprogram of 
such program elements. 
‘‘(2) The Director shall establish an acquisition base-
line required by paragraph (1) before the date on which 
the program element or major subprogram enters— 
‘‘(A) engineering and manufacturing develop-
ment; and 
‘‘(B) production and deployment. 
‘‘(3) Except as provided by subsection (d), the Direc-
tor may not adjust or revise an acquisition baseline estab-
lished under this section. 
‘‘(b) ELEMENTS OF BASELINES.—Each acquisition 
baseline required by subsection (a) for a program element 
or major subprogram shall include the following: 
‘‘(1) A comprehensive schedule, including— 
‘‘(A) research and development milestones; 
‘‘(B) acquisition milestones, including de-
sign reviews and key decision points; 
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for Fiscal Year 2003 (Public Law 107–314; 116 
Stat. 2484; 10 U.S.C. 2431 note) is repealed. 
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MEDIUM EXTENDED AIR DEFENSE SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States should pursue options 
with respect to multilaterally terminating the con-
tract covering the medium extended air defense sys-
tem in order to lessen the contract termination li-
ability belonging to the United States; 
(2) the Secretary of Defense must now sustain 
the Patriot air and missile defense system longer 
than previously planned; 
(3) the Secretary of Defense should identify 
promising technologies from the medium extended 
air defense system, whether the technology origi-
nated in the United States or in a partner country, 
as soon as practicable and transition such tech-
nologies into a Patriot air and missile defense sys-
tem upgrade effort or other program of record; and 
(4) the Secretary of Defense should continue to 
pursue international cooperative missile defense ac-
tivities that are affordable and benefit the security 
of all parties. 
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(b) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2012 for the medium extended air defense 
system program may be obligated or expended until the 
date on which the Secretary of Defense— 
(1) either— 
(A) negotiates a multilateral termination 
with respect to the contract covering the pro-
gram; or 
(B) restructures such program and ensures 
that specific deliverables under such contract 
will be transitioned to one or more current pro-
grams of record by not later than September 
30, 2013; and 
(2) submits to the congressional defense com-
mittees written notification of— 
(A) the amount of the total cost for which 
the United States is liable with respect to ter-
minating the contract under paragraph (1)(A) 
or restructuring the program under paragraph 
(1)(B), as the case may be; 
(B) the terms of such contract termination 
or program restructuring; 
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(C) the program schedule and specific ele-
ments of the program to be delivered to the 
United States; 
(D) the specific technologies identified by 
the Secretary to be transitioned from the pro-
gram to one or more current programs of 
record, including the plans for such transition; 
and 
(E) how the Secretary plans to address the 
air and missile defense requirements of the De-
partment of Defense in the absence of a fielded 
medium extended air defense system capability, 
including a summary of activities, the cost esti-
mate, and the funding profile necessary to sus-
tain and upgrade the Patriot air and missile de-
fense system. 
SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND 
STRATEGY. 
(a) POLICY.—It is the policy of the United States to 
develop and maintain a hedging strategy to provide for 
the protection of the homeland of the United States that— 
(1) provides such protection through the 
phased, adaptive approach to missile defense in Eu-
rope if— 
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(A) the intercontinental ballistic missile 
threat from the Middle East to the United 
States materializes earlier than 2020 (the year 
in which phase four of the phased, adaptive ap-
proach is planned to begin protecting the home-
land of the United States); or 
(B) technical challenges or schedule delays 
affect the availability of the standard missile–3 
block IIB interceptor planned for fielding in 
Europe by 2020 in order to protect the home-
land of the United States as part of such phase 
four; 
(2) provides such protection if the interconti-
nental ballistic missile threat from East Asia to the 
United States materializes more rapidly than ex-
pected; 
(3) provides capabilities that improve or en-
hance the protection of the United States beyond the 
ground-based midcourse defense capabilities cur-
rently deployed for the defense of the United States; 
and 
(4) includes plans for ensuring that such hedg-
ing capabilities described in paragraphs (1) through 
(3)— 
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(A) are suitable to perform the assigned 
mission; 
(B) are operationally effective; and 
(C) use technologies that are sufficiently 
matured and tested prior to fielding. 
(b) STRATEGY.— 
(1) IN GENERAL.—In light of the policy de-
scribed in subsection (a), the Secretary of Defense 
shall develop a hedging strategy to provide for the 
protection of the homeland of the United States. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall include the following: 
(A) A description of the hedging alter-
natives and capabilities considered by the Sec-
retary. 
(B) A summary of the analyses conducted, 
including— 
(i) criteria used to assess such options 
and capabilities; and 
(ii) the findings and recommendations 
of such analyses. 
(C) Detailed plans, programs, and a budg-
et profile for implementing the strategy through 
2022. 
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(D) The criteria to be used in determining 
when each item contained in the strategy 
should be implemented and the schedule re-
quired to implement each item. 
(E) Any other information the Secretary 
considers necessary. 
(3) SUBMISSION.—The Secretary shall submit 
to the congressional defense committees the strategy 
developed under paragraph (1) by the earlier of the 
following: 
(A) December 5, 2011. 
(B) The date on which the Secretary com-
pletes the development of such strategy. 
SEC. 234. GROUND-BASED MIDCOURSE DEFENSE SYSTEM. 
(a) FINDINGS.—Congress finds the following: 
(1) The last two intercept flight tests of the 
ground-based midcourse defense system in January 
2010 and December 2010 failed to intercept, and in 
January 2011, the Director of the Missile Defense 
Agency halted deliveries of completed exo-atmos-
pheric kill vehicles until the root cause of such fail-
ures is determined and resolved. 
(2) The ground-based midcourse defense system 
is currently the only missile defense system that pro-
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(A) delays to ground-based interceptor 
manufacturing and fleet upgrades; 
(B) Stockpile Reliability Program compo-
nent testing; 
(C) new capability development, modeling, 
testing, and fielding; 
(D) Fort Greely missile defense complex 
communications upgrades; and 
(E) delays to flight testing of the two-stage 
ground-based interceptor. 
(6) According to the Missile Defense Agency 
and the United States Northern Command, the pro-
curement of additional ground-based interceptors 
will be necessary in light of the recent flight-test re-
sults. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the ground-based midcourse defense system is 
currently the only missile defense system that protects the 
homeland of the United States from long-range ballistic 
missile threats and therefore— 
(1) the system should be given sufficient 
prioritization and funding to ensure its long-term re-
liability, effectiveness, and ability to adapt to ad-
vances in such threats; 
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(2) the Director of the Missile Defense Agency 
should thoroughly identify the root cause associated 
with the exo-atmospheric kill vehicle that led to the 
flight-test failures described in subsection (a)(1) and 
identify other potential technical issues associated 
with the exo-atmospheric kill vehicle or ground-based 
midcourse defense system that have materialized in 
recent testing; 
(3) implementation of corrective measures and 
flight testing should be undertaken as soon as pos-
sible to provide commanders of the combatant com-
mands and the American people greater confidence 
in the reliability and effectiveness of the system; and 
(4) the procurement of additional ground-based 
interceptors will be necessary in light of recent 
flight-test results. 
(c) PLAN
AND CERTIFICATION REQUIRED.—Not 
later than 30 days after the date of the enactment of this 
Act, or on the date on which the Failure Review Board 
has completed the review of the ground-based midcourse 
defense system flight-test failures described in subsection 
(a)(1), whichever is later, the Secretary of Defense shall 
submit to the congressional defense committees the fol-
lowing: 
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(1) A plan by the Director of the Missile De-
fense Agency to address the flight-test failures, in-
cluding— 
(A) an identification of the root cause as-
sociated with the exo-atmospheric kill vehicle 
that led to the flight-test failures; 
(B) an identification of other potential 
technical issues associated with the exo-atmos-
pheric kill vehicle or ground-based midcourse 
defense system that have materialized in recent 
testing; 
(C) how the Director will resolve the issues 
identified in subparagraphs (A) and (B), includ-
ing a consideration of whether a re-designed 
exo-atmospheric kill vehicle is necessary; 
(D) a description of planned flight tests of 
the exo-atmospheric kill vehicle with any imple-
mented fixes; 
(E) a summary of the measures required 
by the Commander of the United States North-
ern Command based on the flight-test failures 
in order to meet operational requirements; and 
(F) the schedule and additional resources 
necessary to implement the plan. 
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(2) Written certification by the Secretary 
that— 
(A) the Director has thoroughly inves-
tigated the root cause of the flight-test failures 
and any other potential technical issues associ-
ated with the exo-atmospheric kill vehicle or 
ground-based midcourse defense system that 
have materialized in recent testing; 
(B) the plan under paragraph (1) is suffi-
cient to resolve the issues identified in subpara-
graphs (A) and (B) of such paragraph; 
(C) the schedule and additional resources 
described in subparagraph (F) of paragraph (1) 
are sufficient to implement the plan under such 
paragraph; and 
(D) the Director has sufficiently prioritized 
the implementation of corrective measures and 
flight testing of the ground-based midcourse de-
fense system. 
SEC. 235. STUDY ON SPACE-BASED INTERCEPTOR TECH-
NOLOGY. 
(a) STUDY ON SPACE-BASED INTERCEPTOR TECH-
NOLOGY.— 
(1) STUDY.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available 
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for fiscal year 2012 for ballistic missile defense tech-
nology, $8,000,000 shall be obligated or expended by 
the Secretary of Defense to conduct a study exam-
ining the technical and operational considerations 
associated with developing and operating a limited 
space-based interceptor capability and to submit the 
report under paragraph (2). At minimum, the study 
shall include— 
(A) the identification of the technical risks, 
gaps, and constraints associated with the devel-
opment and operation of such a capability; 
(B) an assessment of the maturity levels of 
various technologies needed to develop and op-
erate such a capability; 
(C) the key knowledge, research, and test-
ing that would be needed for any nation to de-
velop and operate an effective space-based in-
terceptor capability; and 
(D) the estimated effectiveness and cost of 
potential options for developing and operating 
such a capability, including their effectiveness 
in conjunction with existing and planned terres-
trially-based missile defense systems. 
(2) REPORT.— 
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(A) Not later than one year after the date 
of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional de-
fense committees a report on the study required 
under paragraph (1). 
(B) The report submitted under this para-
graph shall be in unclassified form, but may in-
clude a classified annex. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.— 
With respect to carrying out subsection (a), a decision to 
commit, obligate, or expend funds with or to a specific 
entity shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
Subtitle D—Reports 
SEC. 241. ANNUAL COMPTROLLER GENERAL REPORT ON 
THE KC–46A AIRCRAFT ACQUISITION PRO-
GRAM. 
(a) ANNUAL GAO REVIEW.—During the period be-
ginning on the date of the enactment of this Act and end-
ing on March 1, 2017, the Comptroller General of the 
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United States shall conduct an annual review of the KC– 
46A aircraft acquisition program. 
(b) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than March 1 of 
each year beginning in 2012 and ending in 2017, 
the Comptroller General shall submit to the congres-
sional defense committees a report on the review of 
the KC–46A aircraft acquisition program conducted 
under subsection (a). 
(2) MATTERS TO BE INCLUDED.—Each report 
on the review of the KC–46A aircraft acquisition 
program shall include the following: 
(A) The extent to which the program is 
meeting engineering, manufacturing, develop-
ment, and procurement cost, schedule, perform-
ance, and risk mitigation goals. 
(B) With respect to meeting the desired 
initial operational capability and full operational 
capability dates for the KC–46A aircraft, the 
progress and results of— 
(i) developmental and operational test-
ing of the aircraft; and 
(ii) plans for correcting deficiencies in 
aircraft performance, operational effective-
ness, reliability, suitability, and safety. 
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(C) An assessment of KC–46A aircraft 
procurement plans, production results, and ef-
forts to improve manufacturing efficiency and 
supplier performance. 
(D) An assessment of the acquisition strat-
egy of the KC–46A aircraft, including whether 
such strategy is in compliance with acquisition 
management best-practices and the acquisition 
policy and regulations of the Department of De-
fense. 
(E) A risk assessment of the integrated 
master schedule and the test and evaluation 
master plan of the KC–46A aircraft as it re-
lates to— 
(i) the probability of success; 
(ii) the funding required for such air-
craft compared with the funding budgeted; 
and 
(iii) development and production con-
currency. 
(3) ADDITIONAL INFORMATION.—In submitting 
to the congressional defense committees the first re-
port under paragraph (1) and a report following any 
changes made by the Secretary of the Air Force to 
the baseline documentation of the KC–46A aircraft 
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acquisition program, the Comptroller General shall 
include, with respect to such program, an assess-
ment of the sufficiency and objectivity of— 
(A) the integrated baseline review docu-
ment; 
(B) the initial capabilities document; 
(C) the capabilities development document; 
and 
(D) the systems requirement document. 
SEC. 242. INDEPENDENT REVIEW AND ASSESSMENT OF 
CRYPTOGRAPHIC 
MODERNIZATION 
PRO-
GRAM. 
(a) INDEPENDENT REVIEW AND ASSESSMENT.—Not 
later than 30 days after the date of the enactment of this 
Act, the Secretary of Defense shall select an appropriate 
entity outside the Department of Defense to conduct an 
independent review and assessment of the cryptographic 
modernization program of the Department of Defense. 
(b) ELEMENTS.—The review and assessment re-
quired by subsection (a) shall include the following: 
(1) For each military department and appro-
priate defense agency, an analysis of the adequacy 
of the program management structure for executing 
the cryptographic modernization program, including 
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resources, personnel, requirements generation, and 
business process metrics. 
(2) An analysis of the ability of the program to 
deliver capabilities to the user community while com-
plying with the budget and schedule for the pro-
gram, including the programmatic risks that nega-
tively affect such compliance. 
(c) REPORT.— 
(1) REPORT REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the 
entity conducting the review and assessment under 
subsection (a) shall submit to the Secretary and the 
congressional defense committees a report con-
taining— 
(A) the results of the review and assess-
ment; and 
(B) recommendations for improving the 
management of the cryptographic moderniza-
tion program. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
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SEC. 243. REPORT ON FEASIBILITY OF ELECTROMAGNETIC 
RAIL GUN SYSTEM. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the 
feasibility of developing and deploying the electromagnetic 
rail gun system to be used for either land- or ship-based 
force protection. 
Subtitle E—Other Matters 
SEC. 251. REPEAL OF REQUIREMENT FOR TECHNOLOGY 
TRANSITION INITIATIVE. 
(a) IN GENERAL.— 
(1) REPEAL.—Section 2359a of title 10, United 
States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 139 of such title 
is amended by striking the item relating to section 
2359a. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on October 1, 2012. 
SEC. 252. PRESERVATION AND STORAGE OF CERTAIN 
PROPERTY RELATED TO F136 PROPULSION 
SYSTEM. 
(a) PLAN.—The Secretary of Defense shall develop 
and carry out a plan for the preservation and storage of 
property owned by the Federal Government that was ac-
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quired under the F136 propulsion system development 
contract. The plan shall— 
(1) ensure that the Secretary preserves and 
stores such property in a manner that— 
(A) allows the development of the F136 
propulsion system to be restarted after a period 
of idleness; 
(B) provides for the long-term sustainment 
and repair of such property; and 
(C) allows for such preservation and stor-
age to be conducted at either the facilities of 
the Federal Government or a contractor under 
such contract; 
(2) with respect to the supplier base of such 
property, identify the costs of restarting develop-
ment; 
(3) ensure that the Secretary, at no cost to the 
Federal Government, provides support and allows 
for the use of such property by the contractor under 
such contract to conduct research, development, test-
ing, and evaluation of the F136 engine, if such ac-
tivities are self-funded by the contractor; and 
(4) identify any contract modifications, addi-
tional facilities, or funding that the Secretary deter-
mines necessary to carry out the plan. 
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(b) PROHIBITION ON DISPOSING PROPERTY.—None 
of the amounts authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2012 for re-
search, development, test, and evaluation, Navy, or re-
search, development, test, and evaluation, Air Force, for 
the F–35 Lightning II aircraft program may be obligated 
or expended for activities related to destroying or dis-
posing of the property described in subsection (a). 
(c) REPORT.—Not later than 45 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the plan under subsection (a). 
SEC. 253. EXTENSION OF AUTHORITY FOR MECHANISMS TO 
PROVIDE FUNDS FOR DEFENSE LABORA-
TORIES FOR RESEARCH AND DEVELOPMENT 
OF TECHNOLOGIES FOR MILITARY MISSIONS. 
Section 219(c) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (10 U.S.C. 
2358 note) is amended by striking ‘‘October 1, 2013’’ and 
inserting ‘‘September 30, 2016’’. 
SEC. 254. APPLICATION OF RNA BIOLOGICAL AND FUNC-
TIONAL SCIENCE AND TECHNOLOGY. 
In carrying out the medical advanced technology pro-
gram, the Secretary of Defense shall ensure that, when 
applicable, RNA biological and functional science and 
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technology are used for research in which RNA may be 
a translational tool and potentially therapeutic, includ-
ing— 
(1) infectious diseases employed by terrorists or 
other entities to have a battlefield effect; 
(2) memory disorders; 
(3) rare diseases; and 
(4) other diseases affecting military readiness. 
SEC. 255. SENSE OF CONGRESS ON ACTIVE MATRIX OR-
GANIC 
LIGHT 
EMITTING 
DIODE 
TECH-
NOLOGY. 
It is the sense of Congress that— 
(1) active matrix organic light emitting diode 
(in this section referred to as ‘‘OLED’’) technology 
displays have the potential to reduce the size, 
weight, and energy consumption of both dismounted 
and mounted systems of the Armed Forces; 
(2) the United States has a limited OLED 
manufacturing industry; 
(3) to ensure a reliable domestic source of 
OLED displays, the Secretary of Defense should use 
existing programs, including the ManTech program, 
to support the reduction of the costs and risks re-
lated to OLED manufacturing technologies; and 
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(4) the reduction of such costs and risks of 
OLED manufacturing has the potential to enable 
the affordable production and sustainment of future 
weapon systems, as well as the affordable transition 
of new technologies that can enhance capabilities of 
current force systems. 
SEC. 256. PROHIBITION ON USE OF FUNDS FOR NEWLY DE-
SIGNED FLIGHT SUIT. 
None of the funds authorized to be appropriated by 
this Act may be used to research, develop, manufacture, 
or procure a newly designed flight suit for members of 
the Armed Forces. 
SEC. 257. NATIONAL DEFENSE EDUCATION PROGRAM. 
If the total amount authorized to be appropriated by 
this Act for the National Defense Education Program for 
fiscal year 2012 is less than the amount requested by the 
President for such program in the budget submitted to 
Congress under section 1105 of title 31, United States 
Code, for such fiscal year, the Secretary of Defense may 
not derive the difference between such amounts from the 
K–12 component of such program. 
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TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for 
fiscal year 2012 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, as specified in the funding table in section 
4301. 
Subtitle B—Energy and 
Environmental Provisions 
SEC. 311. DESIGNATION OF SENIOR OFFICIAL OF JOINT 
CHIEFS OF STAFF FOR OPERATIONAL EN-
ERGY PLANS AND PROGRAMS AND OPER-
ATIONAL ENERGY BUDGET CERTIFICATION. 
Section 138c of title 10, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph (3): 
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‘‘(3) The Chairman of the Joint Chiefs of Staff shall 
designate a senior official under the jurisdiction of the 
Chairman who shall be responsible for operational energy 
plans and programs for the Joint Chiefs of Staff and the 
Joint Staff. The official so designated shall be responsible 
for coordinating with the Assistant Secretary and imple-
menting initiatives pursuant to the strategy with regard 
to the Joint Chiefs of Staff and the Joint Staff.’’; and 
(2) in subsection (e)(4), by striking ‘‘10 days’’ 
and inserting ‘‘30 days’’. 
SEC. 312. MILITARY INSTALLATION IMPLEMENTATION OF 
LAND MANAGEMENT PLANS AND SUSTAIN-
ABILITY STUDIES. 
Section 2694(b)(2) of title 10, United States Code, 
is amended— 
(1) in subparagraph (A), by inserting ‘‘and, 
subject to the availability of appropriations, imple-
mentation by the military installation’’ after ‘‘devel-
opment’’; and 
(2) in subparagraph (B), by inserting ‘‘and sus-
tainability’’ after ‘‘safety’’. 
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SEC. 313. IMPROVED SIKES ACT COVERAGE OF STATE- 
OWNED 
FACILITIES 
USED 
FOR 
THE 
NA-
TIONAL DEFENSE. 
(a) IMPROVEMENTS TO ACT.—The Sikes Act (16 
U.S.C. 670 et seq.) is amended as follows: 
(1) DEFINITIONS.—Section 100 (16 U.S.C. 
670) is amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (1) the 
following new paragraphs: 
‘‘(2) STATE.—The term ‘State’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Common-
wealth of the Northern Mariana Islands, American 
Samoa, and the Virgin Islands. 
‘‘(3) STATE-OWNED NATIONAL GUARD INSTAL-
LATION.—The term ‘State-owned National Guard 
installation’ means land owned and operated by a 
State when such land is used for training the Na-
tional Guard pursuant to chapter 5 of title 32, 
United State Code, with funds provided by the Sec-
retary of Defense or the Secretary of a military de-
partment, even though such land is not under the 
jurisdiction of the Department of Defense.’’. 
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(2) FUNDING
OF
INTEGRATED
NATURAL
RE-
SOURCES
MANAGEMENT
PLANS.—Section 101 (16 
U.S.C. 670a) is amended— 
(A) in subsection (a)(1)(B)— 
(i) by inserting ‘‘(i)’’ before ‘‘To facili-
tate’’; and 
(ii) by adding at the end the following 
new clause: 
‘‘(ii) The Secretary of a military de-
partment may, subject to the availability of 
appropriations, develop and implement an 
integrated natural resources management 
plan for a State-owned National Guard in-
stallation. Such a plan shall be developed 
and implemented in coordination with the 
chief executive officer of the State in which 
the State-owned National Guard installa-
tion is located. Such a plan is deemed, for 
purposes of any other provision of law, to 
be for lands or other geographical areas 
owned or controlled by the Department of 
Defense, or designated for its use.’’; 
(B) in subsection (a)(2), by inserting ‘‘or 
State-owned National Guard installation’’ after 
‘‘military installation’’ both places it appears; 
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(C) in subsection (a)(3)— 
(i) by redesignating subparagraphs 
(A), (B), and (C) as clauses (i), (ii), and 
(iii), respectively; 
(ii) by inserting ‘‘(A)’’ before ‘‘Con-
sistent’’; 
(iii) in subparagraph (A), as des-
ignated by clause (ii) of this subparagraph, 
by inserting ‘‘and State-owned National 
Guard installations’’ after ‘‘military instal-
lations’’ the first place it appears; 
(iv) in clause (i) of subparagraph (A), 
as redesignated by clause (i) of this sub-
paragraph, by striking ‘‘military installa-
tions’’ and inserting ‘‘such installations’’; 
(v) in clause (ii) of subparagraph (A), 
as redesignated by clause (i) of this sub-
paragraph, by inserting ‘‘on such installa-
tions’’ after ‘‘resources’’; and 
(vi) by adding at the end the following 
subparagraph: 
‘‘(B) In the case of a State-owned National 
Guard installation, such program shall be car-
ried out in coordination with the chief executive 
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officer of the State in which the installation is 
located.’’; 
(D) in subsection (b), by inserting ‘‘and 
State-owned National Guard installations’’ after 
‘‘military installations’’ the first place it ap-
pears; 
(E) in subparagraphs (G) and (I) of sub-
section (b)(1), by striking ‘‘military installa-
tion’’ each place it appears and inserting ‘‘in-
stallation’’; and 
(F) in subsection (b)(3), by inserting ‘‘, in 
the case of a military installation,’’ after ‘‘(3) 
may’’. 
(3) 
COOPERATIVE
AGREEMENTS.—Section 
103a(a) (16 U.S.C. 670c–1(a)) is amended— 
(A) in paragraph (1), by striking ‘‘Depart-
ment of Defense installations’’ and inserting 
‘‘military installations and State-owned Na-
tional Guard installations’’; and 
(B) in paragraph (2), by striking ‘‘Depart-
ment of Defense installation’’ and inserting 
‘‘military installation or State-owned National 
Guard installation’’. 
(b) SECTION AND SUBSECTION HEADINGS.—Such 
Act is further amended as follows: 
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(1) Section 101 (16 U.S.C. 670a) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND 
REHABILITATION.’’; 
(B) by striking ‘‘SEC. 101.’’; 
(C) in subsection (c), by inserting ‘‘PROHI-
BITIONS ON SALE AND LEASE OF LANDS UN-
LESS EFFECTS COMPATIBLE WITH PLAN.—’’ 
after ‘‘(c)’’; 
(D) in subsection (d), by inserting ‘‘IMPLE-
MENTATION
AND
ENFORCEMENT
OF
INTE-
GRATED NATURAL RESOURCES MANAGEMENT 
PLANS.—’’ after ‘‘(d)’’; 
(E) in subsection (e)— 
(i) by inserting ‘‘APPLICABILITY
OF 
OTHER LAWS’’ after ‘‘(e)’’; and 
(ii) by inserting a comma after 
‘‘Code’’. 
(2) Section 102 (16 U.S.C. 670b) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
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‘‘SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.’’; 
(B) by striking ‘‘SEC. 102.’’ and inserting 
‘‘(a) INTEGRATED NATURAL RESOURCES MAN-
AGEMENT PLAN.—’’; and 
(C) by striking ‘‘agency:’’ and all that fol-
lows through ‘‘possession’’ and inserting ‘‘agen-
cy. 
‘‘(b) APPLICABILITY OF OTHER LAWS.—Possession’’. 
(3) Section 103a (16 U.S.C. 670c–1) is further 
amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREE-
MENTS FOR LAND MANAGEMENT ON INSTAL-
LATIONS.’’; 
(B) by striking ‘‘SEC. 103A.’’; 
(C) in subsection (a), by inserting ‘‘AU-
THORITY
OF SECRETARY
OF MILITARY DE-
PARTMENT.—’’ after ‘‘(a)’’; and 
(D) in subsection (c), by inserting ‘‘AVAIL-
ABILITY
OF
FUNDS; AGREEMENTS
UNDER 
OTHER LAWS.—’’ after ‘‘(c)’’. 
(4) Section 104 (16 U.S.C. 670d) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
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‘‘SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMP-
TROLLER GENERAL.’’; and 
(B) by striking ‘‘SEC. 104.’’. 
(5) Section 105 (16 U.S.C. 670e) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL 
FOREST LANDS.’’; and 
(B) by striking ‘‘SEC. 105.’’. 
(6) Section 108 (16 U.S.C. 670f) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 108. APPROPRIATIONS AND EXPENDITURES.’’; 
(B) by striking ‘‘SEC. 108.’’; 
(C) in subsection (a), by inserting ‘‘EX-
PENDITURES
OF COLLECTED FUNDS UNDER 
INTEGRATED NATURAL RESOURCES MANAGE-
MENT PLANS.—’’ after ‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘AU-
THORIZATION
OF APPROPRIATIONS
TO SEC-
RETARY OF DEFENSE.—’’ after ‘‘(b)’’; 
(E) in subsection (c), by inserting ‘‘AU-
THORIZATION
OF APPROPRIATIONS
TO SEC-
RETARY OF THE INTERIOR.—’’ after ‘‘(c)’’; and 
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(F) in subsection (D), by inserting ‘‘USE 
OF OTHER CONSERVATION
OR REHABILITA-
TION AUTHORITIES.—’’ after ‘‘(d)’’. 
(7) Section 201 (16 U.S.C. 670g) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND 
REHABILITATION PROGRAMS.’’; 
(B) by striking ‘‘SEC. 201.’’; 
(C) in subsection (a), by inserting ‘‘PRO-
GRAMS REQUIRED.—’’ after ‘‘(a)’’; and 
(D) in subsection (b), by inserting ‘‘IMPLE-
MENTATION OF PROGRAMS.—’’ after ‘‘(b)’’. 
(8) Section 202 (16 U.S.C. 670h) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION 
AND REHABILITATION PROGRAMS.’’; 
(B) by striking ‘‘SEC. 202.’’; 
(C) in subsection (a), by inserting ‘‘DE-
VELOPMENT OF PLANS.—’’ after ‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘CON-
SISTENCY WITH OVERALL LAND USE
AND 
MANAGEMENT PLANS; HUNTING, TRAPPING, 
AND FISHING.—’’ after ‘‘(b)’’; 
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(10) Section 204 (16 U.S.C. 670j) is amend-
ed— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 204. ENFORCEMENT PROVISIONS.’’; 
(B) by striking ‘‘SEC. 204.’’; 
(C) in subsection (a), by inserting ‘‘VIOLA-
TIONS AND PENALTIES.—’’ after ‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘EN-
FORCEMENT POWERS
AND PROCEEDINGS.—’’ 
after ‘‘(b)’’; and 
(E) in subsection (c), by inserting ‘‘SEI-
ZURE AND FORFEITURE.—’’ after ‘‘(c)’’; and 
(F) in subsection (d), by inserting ‘‘APPLI-
CABILITY OF CUSTOMS LAWS.—’’ after ‘‘(d)’’. 
(11) Section 205 (16 U.S.C. 670k) is amend-
ed— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 205. DEFINITIONS.’’; and 
(B) by striking ‘‘SEC. 205.’’. 
(12) Section 206 (16 U.S.C. 670l) is amend-
ed— 
(A) by inserting at the beginning the fol-
lowing: 
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‘‘SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO 
FOREST SERVICE AND BUREAU OF LAND 
MANAGEMENT LANDS; AUTHORIZED FEES.’’; 
and 
(B) by striking ‘‘SEC. 206.’’. 
(13) Section 207 (16 U.S.C. 670m) is amend-
ed— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDIC-
TION REGULATING INDIAN RIGHTS.’’; and 
(B) by striking ‘‘SEC. 207.’’. 
(14) Section 209 (16 U.S.C. 670o) is amend-
ed— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’’; 
(B) by striking ‘‘SEC. 209.’’; 
(C) in subsection (a), by inserting ‘‘FUNC-
TIONS AND RESPONSIBILITIES OF SECRETARY 
OF THE INTERIOR.—’’ after ‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘FUNC-
TIONS AND RESPONSIBILITIES OF SECRETARY 
OF AGRICULTURE.—’’ after ‘‘(b)’’; 
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(E) in subsection (c), by inserting ‘‘USE 
OF OTHER CONSERVATION
OR REHABILITA-
TION AUTHORITIES’’ after ‘‘(c)’’; and 
(F) in subsection (d), by inserting ‘‘CON-
TRACT AUTHORITY’’ after ‘‘(d)’’. 
(c) CODIFICATION OF CHANGE OF NAME.—Section 
204(b) of such Act (16 U.S.C. 670j) is amended by strik-
ing ‘‘magistrate’’ both places it appears and inserting 
‘‘magistrate judge’’. 
(d) REPEAL OF OBSOLETE SECTION.—Section 208 
of such Act is repealed, and section 209 of such Act (16 
U.S.C. 670o) is redesignated as section 208. 
SEC. 314. DISCHARGE OF WASTES AT SEA GENERATED BY 
SHIPS OF THE ARMED FORCES. 
(a) DISCHARGE RESTRICTIONS FOR SHIPS OF THE 
ARMED FORCES.—Subsection (b) of section 3 of the Act 
to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is 
amended to read as follows: 
‘‘(b)(1) Except as provided in paragraph (3), this Act 
shall not apply to— 
‘‘(A) a ship of the Armed Forces described in 
paragraph (2); or 
‘‘(B) any other ship specifically excluded by the 
MARPOL Protocol or the Antarctic Protocol. 
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‘‘(2) A ship described in this paragraph is a ship that 
is owned or operated by the Secretary, with respect to the 
Coast Guard, or by the Secretary of a military depart-
ment, and that, as determined by the Secretary con-
cerned— 
‘‘(A) has unique military design, construction, 
manning, or operating requirements; and 
‘‘(B) cannot fully comply with the discharge re-
quirements of Annex V to the Convention because 
compliance is not technologically feasible or would 
impair the operations or operational capability of the 
ship. 
‘‘(3)(A) Notwithstanding any provision of the 
MARPOL Protocol, the requirements of Annex V to the 
Convention shall apply to all ships referred to in sub-
section (a) other than those described in paragraph (2). 
‘‘(B) A ship that is described in paragraph (2) shall 
limit the discharge into the sea of garbage as follows: 
‘‘(i) The discharge into the sea of plastics, in-
cluding synthetic ropes, synthetic fishing nets, plas-
tic garbage bags, and incinerator ashes from plastic 
products that may contain toxic chemicals or heavy 
metals, or the residues thereof, is prohibited. 
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‘‘(ii) Garbage consisting of the following mate-
rial may be discharged into the sea, subject to sub-
paragraph (C): 
‘‘(I) A non-floating slurry of seawater, 
paper, cardboard, or food waste that is capable 
of passing through a screen with openings no 
larger than 12 millimeters in diameter. 
‘‘(II) Metal and glass that have been 
shredded and bagged (in compliance with clause 
(i)) so as to ensure negative buoyancy. 
‘‘(III) With regard to a submersible, non-
plastic garbage that has been compacted and 
weighted to ensure negative buoyancy. 
‘‘(IV) Ash from incinerators or other ther-
mal destruction systems not containing toxic 
chemicals, heavy metals, or incompletely burned 
plastics. 
‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) 
may not be discharged within 3 nautical miles of land. 
‘‘(ii) Garbage described in subclauses (II), (III), and 
(IV) of subparagraph (B)(ii) may not be discharged within 
12 nautical miles of land. 
‘‘(D) Notwithstanding subparagraph (C), a ship de-
scribed in paragraph (2) that is not equipped with gar-
bage-processing equipment sufficient to meet the require-
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HR 1540 RFS
of Defense and titled ‘‘Corrosion Evaluation of the F–22 
Raptor and F–35 Lightning II Joint Strike Fighter’’. 
SEC. 328. MODIFICATION OF REQUIREMENTS RELATING TO 
MINIMUM CAPITAL INVESTMENT FOR CER-
TAIN DEPOTS. 
Section 2476 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘mainte-
nance, repair, and overhaul’’ after ‘‘combined’’; 
(2) in subsection (b), by inserting ‘‘facilities,’’ 
before ‘‘infrastructure’’; 
(3) in subsection (d), by adding at the end the 
following new subparagraph: 
‘‘(E) A table showing the funded workload per-
formed by each covered depot for the preceding 
three fiscal years and actual investment funds allo-
cated to each depot for the period covered by the re-
port.’’; and 
(4) in subsection (e)(1), by adding at the end 
the following new subparagraph: 
‘‘(I) Tooele Army Depot, Utah.’’. 
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