ernment for termination of any contract entered into 
shall be limited to the total amount of funding obli-
gated at the time of termination. 
(b) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided by sub-
section (c), and excluding amounts described in para-
graph (2), the total amount obligated or expended for 
the procurement of two advanced extremely high fre-
quency satellites authorized by subsection (a) may not 
exceed $3,100,000,000. 
(2) EXCLUSION.—The amounts described in this 
paragraph are amounts associated with the following: 
(A) Plans. 
(B) Technical data packages. 
(C) Post-delivery and program support 
costs. 
(c) WAIVER
AND
ADJUSTMENT
TO
LIMITATION 
AMOUNT.— 
(1) WAIVER.—In accordance with paragraph 
(2), the Secretary may waive the limitation in sub-
section (b)(1) if the Secretary submits to the congres-
sional defense committees written notification of the 
adjustment made to the amount set forth in such sub-
section. 
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(2) ADJUSTMENT.—Upon waiving the limitation 
under paragraph (1), the Secretary may adjust the 
amount set forth in subsection (b)(1) by the following: 
(A) The amounts of increases or decreases 
in costs attributable to economic inflation after 
September 30, 2011. 
(B) The amounts of increases or decreases 
in costs attributable to compliance with changes 
in Federal, State, or local laws enacted after 
September 30, 2011. 
(C) The amounts of increases or decreases 
in costs of the satellites that are attributable to 
insertion of new technology into an advanced ex-
tremely high frequency satellite, as compared to 
the technology built into such a satellite procured 
prior to fiscal year 2012, if the Secretary deter-
mines, and certifies to the congressional defense 
committees, that insertion of the new technology 
is— 
(i) expected to decrease the life-cycle 
cost of the satellite; or 
(ii) required to meet an emerging 
threat that poses grave harm to national se-
curity. 
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(d) REPORT.—Not later than 30 days after the date 
on which the Secretary awards a contract under subsection 
(a), the Secretary shall submit to the congressional defense 
committees a report on such contract, including the fol-
lowing: 
(1) The total cost savings resulting from the au-
thority provided by subsection (a). 
(2) The type and duration of the contract 
awarded. 
(3) The total contract value. 
(4) The funding profile by year. 
(5) The terms of the contract regarding the treat-
ment of changes by the Federal Government to the re-
quirements of the contract, including how any such 
changes may affect the success of the contract. 
(6) A plan for using cost savings described in 
paragraph (1) to improve the capability of military 
satellite communications, including a description 
of— 
(A) the available funds, by year, resulting 
from such cost savings; 
(B) the specific activities or subprograms to 
be funded by such cost savings and the funds, by 
year, allocated to each such activity or subpro-
gram; 
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(C) the objectives for each such activity or 
subprogram and the criteria used by the Sec-
retary to determine which such activity or sub-
program to fund; 
(D) the method in which such activities or 
subprograms will be awarded, including whether 
it will be on a competitive basis; and 
(E) the process for determining how and 
when such activities and subprograms would 
transition to an existing program or be estab-
lished as a new program of record. 
Subtitle E—Joint and Multiservice 
Matters 
SEC. 141. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 
FUND. 
(a) USE AND TRANSFER OF FUNDS.—Subsections (b) 
and (c) of section 1514 of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2439), as in effect before the amend-
ments made by section 1503 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4649), shall apply to the funds 
made available to the Department of Defense for the Joint 
Improvised Explosive Device Defeat Fund for fiscal year 
2012. 
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(b) MONTHLY OBLIGATIONS AND EXPENDITURE RE-
PORTS.—Not later than 15 days after the end of each month 
of fiscal year 2012, the Secretary of Defense shall provide 
to the congressional defense committees a report on the 
Joint Improvised Explosive Device Defeat Fund explaining 
monthly commitments, obligations, and expenditures by 
line of action. 
SEC. 142. CONTRACTS FOR COMMERCIAL IMAGING SAT-
ELLITE CAPACITIES. 
Section 127 of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4161; 10 U.S.C. 2302 note) is repealed. 
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AC-
QUISITION OF JOINT TACTICAL RADIO SYS-
TEM. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2012 for other procurement, Army, for covered pro-
grams of the joint tactical radio system, not more than 70 
percent may be obligated or expended until the date on 
which the Secretary of the Army submits to the congres-
sional defense committees written certification that the ac-
quisition strategy for the full-rate production of covered 
programs of such radio system includes full and open com-
petition (as defined in section 2302(3)(D) of title 10, United 
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States Code) that includes commercially developed systems 
that the Secretary determines are qualified with respect to 
successful testing by the Army and certification by the Na-
tional Security Agency. 
(b) LRIP.—The limitation under subsection (a) shall 
not apply to the low-rate initial production of covered pro-
grams. 
(c) COVERED PROGRAMS.—In this section, the term 
‘‘covered programs’’ means, with respect to the joint tactical 
radio system, the following: 
(1) The ground mobile radio. 
(2) The handheld, manpack, and small form fit. 
SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR 
AVIATION FOREIGN INTERNAL DEFENSE PRO-
GRAM. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2012 for the procurement of fixed-wing non-standard 
aviation aircraft in support of the aviation foreign internal 
defense program, not more than 50 percent may be obligated 
or expended until the date that is 30 days after the date 
on which the Commander of the United States Special Op-
erations Command submits the report under subsection 
(b)(1). 
(b) REPORT REQUIRED.— 
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(1) REPORT.—Not later than January 15, 2012, 
the Commander of the United States Special Oper-
ations Command shall submit to the congressional de-
fense committees a report on the aviation foreign in-
ternal defense program. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) The results of an analysis of alter-
natives and efficiencies review conducted prior to 
fiscal year 2012 with respect to a contract 
awarded for the aviation foreign internal defense 
program. 
(B) An explanation of plans or business- 
case analyses justifying new procurements rather 
than leased platforms, including an explanation 
of any efficiencies and savings. 
(C) A comprehensive strategy outlining and 
justifying the overall projected growth of the 
aviation foreign internal defense program to sat-
isfy the increased requirements of the com-
manders of the geographic combatant commands. 
(D) An examination of efficiencies that 
could be gained by procuring platforms such as 
those being procured for light mobility aircraft. 
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(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR 
COMMERCIAL SATELLITE PROCUREMENT. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2012 for the pro-
curement of a commercial satellite by the Director of the 
Defense Information Systems Agency or the Secretary of the 
Air Force, not more than 20 percent may be obligated or 
expended until the date that is 30 days after the date on 
which the Secretary of Defense submits to the congressional 
defense committees an independent assessment of the anal-
ysis of alternatives for the procurement of such satellite, in-
cluding— 
(1) an assessment of why noncommercial sat-
ellites owned and operated by the Federal Government 
would not meet the needs of the Department of De-
fense; 
(2) a concept of operations for all alternatives 
considered; 
(3) a cost-benefit comparison of such alter-
natives; 
(4) an analysis comparing the risks and 
vulnerabilities of such alternatives, including risks 
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and vulnerabilities related to security, operation in 
denied environments, and continuity of operations ca-
pability; 
(5) mitigation measures, including estimated 
cost impacts, for such risks and vulnerabilities com-
pared under paragraph (4); and 
(6) any other matters the Secretary considers ap-
propriate. 
SEC. 146. SEPARATE PROCUREMENT LINE ITEM FOR NON- 
LETHAL WEAPONS FUNDING. 
In the budget materials submitted to the President by 
the Secretary of Defense in connection with the submission 
to Congress, pursuant to section 1105 of title 31, United 
States Code, of the budget for fiscal year 2013, and each 
subsequent fiscal year, the Secretary shall ensure that with-
in each military department procurement account, a sepa-
rate, dedicated procurement line item is designated for non- 
lethal weapons. 
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TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2012 for the use of the Department of Defense for 
research, development, test, and evaluation as specified in 
the funding table in section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. LIMITATION ON AVAILABILITY OF FUNDS FOR 
THE GROUND COMBAT VEHICLE PROGRAM. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2012 for re-
search, development, test, and evaluation, Army, for the 
ground combat vehicle program, not more than 70 percent 
may be obligated or expended until the date on which the 
Secretary of the Army submits to the congressional defense 
committees a report containing an updated analysis of al-
ternatives, including a quantitative analysis, of such pro-
gram that compares the vehicle survivability, force protec-
tion, mobility, and other key capabilities of— 
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(1) each alternative to the ground combat vehicle, 
including the upgraded Bradley fighting vehicle that 
was included in the original analysis of alternatives 
of such program; and 
(2) the revised ground combat vehicle design con-
cept. 
SEC. 212. LIMITATION ON THE INDIVIDUAL CARBINE PRO-
GRAM. 
(a) LIMITATION.—Notwithstanding any other provi-
sion of law, and except as provided by subsection (b), the 
individual carbine program may not receive Milestone C 
approval (as defined in section 2366(e)(8) of title 10, 
United States Code) until the date on which the Secretary 
of the Army submits to the congressional defense committees 
an analysis of alternatives of such program, including, at 
a minimum, comparisons of the capabilities and costs of— 
(1) commercially available weapon systems as of 
the date of the analysis, including complete weapon 
systems and kits to apply to existing weapon systems; 
and 
(2) weapon systems that are fielded as of the 
date of the analysis that include any required im-
provements. 
(b) WAIVER AUTHORITY.—The Secretary of Defense 
may waive the limitation under subsection (a) if the Sec-
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retary submits to the congressional defense committees writ-
ten certification that the waiver is in the national security 
interests of the United States because such limitation is de-
laying the fielding of capabilities that address urgent oper-
ational needs with respect to combat theaters of operations. 
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR 
OHIO-CLASS BALLISTIC MISSILE SUBMARINE 
REPLACEMENT PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) On May 13, 2010, the President submitted to 
Congress the report required under section 1251 of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549) that stat-
ed, ‘‘The Secretary of Defense, based on recommenda-
tions from the Joint Chiefs of Staff, has established a 
baseline nuclear force structure that fully supports 
U.S. security requirements and conforms to the New 
START limits. . . The United States will reduce the 
number of SLBM launchers (launch tubes) from 24 to 
20 per SSBN, and deploy no more than 240 SLBMs 
at any time.’’. 
(2) On January 10, 2011, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics 
issued an acquisition decision memorandum for the 
Ohio-class submarine replacement program whereby 
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the Navy received Milestone A approval to proceed 
with a replacement design based on 16 missile tubes. 
(3) Consistent with the reductions and limita-
tions established in the New START Treaty, which 
entered into force on February 5, 2011, more than 
two-thirds of the deployed nuclear deterrent force of 
the United States are planned to be carried on bal-
listic missile submarines. 
(4) The Commander of the United States Stra-
tegic Command testified on March 2, 2011, that, ‘‘The 
issue of the number of tubes is not a simple black and 
white answer,’’ but rather it is comprised of several 
issues including, ‘‘the overall number of tubes we 
wind up with at the end. . . flexibility and options 
with how many warheads per missile per tube. . . the 
overall number of boats. . . and many other factors.’’. 
He further stated that, ‘‘Sixteen [missile tubes per 
submarine] will meet STRATCOM’s requirements, 
given that we are sitting here 20 years in advance.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the long-term ability of the United States to 
maintain a nuclear force sufficient to address the 
range of mission requirements necessary to deter, dis-
suade, and defeat potential adversaries and assure al-
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lies and partners must not be comprised solely on the 
basis of the promise of potential cost savings resulting 
from the decision of the Secretary of Defense to reduce 
the planned number of missile tubes per Ohio-class 
ballistic missile submarine from 24 to 16; and 
(2) because the planned Ohio-class replacement 
ballistic submarine is expected to be in operation 
through 2080, near-term design decisions should take 
into consideration uncertainties in the future threat 
and strategic environment. 
(c) LIMITATION.— 
(1) IN GENERAL.—Of the funds authorized to be 
appropriated by this Act or otherwise made available 
for fiscal year 2012 for research, development, test, 
and evaluation, Navy, for the Ohio-class ballistic sub-
marine replacement program, not more than 90 per-
cent may be obligated or expended until the date on 
which the Secretary of Defense submits to the congres-
sional defense committees a report containing— 
(A) a summary of the analysis conducted to 
support the acquisition decision memorandum, 
including any assessment of the threat and stra-
tegic environment and mission requirements that 
informed the decision to reduce the planned 
number of missile tubes per submarine from 20 
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(as stated in the report submitted to Congress 
under section 1251 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549)) to 16 (as stated 
in the acquisition decision memorandum); 
(B) a description of the threat and strategic 
environment assumed by the Secretary through-
out the expected operational lifetime of the pro-
gram, including how the Secretary would ad-
dress significant changes to such threat and stra-
tegic environment; 
(C) a description of any other assumptions 
made by the Secretary throughout the expected 
operational lifetime of the program that provides 
the rationale of the Secretary to reduce the 
planned number of missile tubes per submarine 
to 16, including assumptions regarding— 
(i) changes in nuclear policy and 
strategy; 
(ii) changes in the role of ballistic mis-
sile submarines as a part of the overall nu-
clear forces of the United States; and 
(iii) further nuclear reductions, wheth-
er conducted under an international agree-
ment or unilaterally; 
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(D) an identification of key risks to mis-
sions or requirements that may be increased be-
cause of the Secretary’s decision to reduce the 
planned number of missile tubes per submarine 
to 16, including whether the Secretary plans to 
accept or mitigate such risks; and 
(E) a summary of the rigorous cost com-
parison of the designs for 16 missile tubes per 
submarine and 20 missile tubes per submarine, 
consistent with the direction provided in the ac-
quisition decision memorandum, including the 
accuracy of the cost estimate of the procurement 
cost of each submarine. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘acquisition decision memo-
randum’’ means the acquisition decision memo-
randum regarding the Ohio-class submarine replace-
ment program issued by the Under Secretary of De-
fense for Acquisition, Technology, and Logistics on 
January 10, 2011. 
(2) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and the 
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Russian Federation on Measures for the Further Re-
duction and Limitation of Strategic Offensive Arms, 
signed on April 8, 2010, and entered into force on 
February 5, 2011. 
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AM-
PHIBIOUS ASSAULT VEHICLES OF THE MA-
RINE CORPS. 
(a) LIMITATION.—Except as provided by subsection 
(d), none of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2012 for pro-
curement, Marine Corps, or research, development, test, and 
evaluation, Navy, may be obligated or expended for the am-
phibious programs described in subsection (c) until the date 
on which the Secretary of the Navy, in coordination with 
the Commandant of the Marine Corps, submits to the con-
gressional defense committees a report containing— 
(1) written certification of the requirements for 
amphibious assault vehicles of the Marine Corps, 
based on the needs of the commanders of the combat-
ant commands, relating to— 
(A) the distance from the shore needed to 
begin an amphibious assault; and 
(B) the speed at which the vehicle must 
travel in order to reach the shore in the time re-
quired for such assault; and 
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(2) the analysis of alternatives conducted under 
subsection (b)(1). 
(b) ANALYSIS OF ALTERNATIVES.— 
(1) ANALYSIS.—The Secretary of the Navy, in 
coordination with the Commandant of the Marine 
Corps, shall conduct an analysis of alternatives of the 
amphibious assault vehicles described in paragraph 
(2). With respect to such vehicles, such analysis shall 
include— 
(A) comparisons of the capabilities and 
total lifecycle ownership costs (including costs 
with respect to research, development, test, and 
evaluation, procurement, and operation and 
maintenance); and 
(B) an analysis of cost and operational ef-
fectiveness prepared by a federally funded re-
search and development center. 
(2) 
AMPHIBIOUS
ASSAULT
VEHICLES
DE-
SCRIBED.—The amphibious assault vehicles described 
in this paragraph are amphibious assault vehicles 
that— 
(A) meet the requirements described in sub-
section (a)(1), including— 
(i) an upgraded assault amphibious 
vehicle 7A1; 
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(ii) the expeditionary fighting vehicle; 
and 
(iii) a new amphibious combat vehicle; 
and 
(B) include at least one vehicle that is capa-
ble of accelerating until the vehicle moves along 
the top of the water (commonly known as ‘‘get-
ting up on plane’’) and at least one vehicle that 
is not capable of such acceleration. 
(c) AMPHIBIOUS PROGRAMS DESCRIBED.—The am-
phibious programs described in this subsection are the fol-
lowing: 
(1) The assault amphibious vehicle 7A1, program 
element 206623M. 
(2) The Marine Corps assault vehicle, program 
element 603611M. 
(3) The termination of the expeditionary fighting 
vehicle program. 
(d) AAV781 IMPROVEMENT PROGRAM.—The limita-
tion in subsection (a) shall not apply to funds made avail-
able before the date of the enactment of this Act for the pro-
curement of an assault amphibious vehicle 7A1 with— 
(1) survivability upgrades under the surviv-
ability product improvement program; 
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(2) other necessary survivability capabilities that 
are in response to urgent operational needs; or 
(3) interior upgrades that provide increased sup-
port and survivability to members of the Armed 
Forces. 
SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE 
PROPULSION SYSTEM FOR THE F–35 LIGHT-
NING II AIRCRAFT PROGRAM. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2012 for the propulsion system for the F–35 
Lightning II aircraft program may be obligated or ex-
pended for performance improvements to such propulsion 
system unless the Secretary of Defense ensures the competi-
tive development and production of such propulsion system. 
(b) PERFORMANCE IMPROVEMENT DEFINED.—In this 
section, the term ‘‘performance improvement’’, with respect 
to the propulsion system for the F–35 Lightning II aircraft 
program, means an increase in fan or core engine airflow 
volume or maximum thrust in military or afterburner set-
tings for the primary purpose of improving the takeoff per-
formance or vertical load bring back of such aircraft. The 
term does not include development or procurement improve-
ments with respect to weight, acquisition costs, operations 
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and support costs, durability, manufacturing efficiencies, 
observability requirements, or repair costs. 
SEC. 216. LIMITATION ON OBLIGATION OF FUNDS FOR 
JOINT REPLACEMENT FUZE PROGRAM. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2012 for re-
search, development, test, and evaluation, Air Force, for the 
joint replacement fuze program for nuclear warheads of the 
Navy and the Air Force, not more than 75 percent may 
be obligated or expended until the date on which the Sec-
retary of Defense submits to the congressional defense com-
mittees a report on the feasibility of such program. 
SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR 
THE 
JOINT 
SPACE 
OPERATIONS 
CENTER 
MANAGEMENT SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) improvements to the space situational aware-
ness and space command and control capabilities of 
the United States are necessary; and 
(2) the traditional defense acquisition process is 
not optimal for developing the services-oriented archi-
tecture and net-centric environment planned for the 
Joint Space Operations Center management system. 
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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 research, development, test, and evalua-
tion, Air Force, for release one of the Joint Space Oper-
ations Center management system may be obligated or ex-
pended until the date on which the Secretary of the Air 
Force and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics jointly submit to the congres-
sional defense committees the acquisition strategy for such 
management system, including— 
(1) a description of the acquisition policies and 
procedures applicable to such management system; 
and 
(2) a description of any additional acquisition 
authorities necessary to ensure that such management 
system is able to implement a services-oriented archi-
tecture and net-centric environment for space situa-
tional awareness and space command and control. 
SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR 
WIRELESS INNOVATION FUND. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2012 for the 
wireless innovation fund within the Defense Advanced Re-
search Projects Agency, not more than 10 percent may be 
obligated or expended until the date that is 30 days after 
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the date on which the Under Secretary of Defense for Acqui-
sition, Technology, and Logistics submits to the congres-
sional defense committees a report on how such fund will 
be managed and executed, including— 
(1) a concept of operation for how such fund will 
operate, particularly with regards to supporting the 
interagency community; 
(2) a description of— 
(A) the governance structure, including how 
decision-making with interagency partners will 
be conducted; 
(B) the funding mechanism for interagency 
collaborators; 
(C) the metrics for measuring the perform-
ance and effectiveness of the program; and 
(D) the reporting mechanisms to provide 
oversight of the fund by the Department of De-
fense, the interagency partners, and Congress; 
and 
(3) any other matters the Under Secretary con-
siders appropriate. 
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SEC. 219. ADVANCED ROTORCRAFT FLIGHT RESEARCH AND 
DEVELOPMENT. 
(a) PROGRAM REQUIRED.—The Secretary of the Army 
may conduct a program for flight research and demonstra-
tion of advanced rotorcraft technology. 
(b) GOALS AND OBJECTIVES.—The goals and objectives 
of the program authorized by subsection (a) are as follows: 
(1) To flight demonstrate the ability of advanced 
rotorcraft technology to expand the flight envelope 
and improve the speed, range, ceiling, survivability, 
reliability, and affordability of current and future 
rotorcraft of the Department of Defense. 
(2) To mature advanced rotorcraft technology 
and obtain flight-test data to— 
(A) support the assessment of such tech-
nology for future rotorcraft platform development 
programs of the Department; and 
(B) have the ability to add such technology 
to the existing rotorcraft of the Department to 
extend the capability and life of such rotorcraft 
until next-generation platforms are fielded. 
(c) ELEMENTS OF PROGRAM.—The program author-
ized by subsection (a) shall include— 
(1) integration and demonstration of advanced 
rotorcraft technology to meet the goals and objectives 
described in subsection (b); and 
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(2) flight demonstration of the advanced rotor-
craft technology test bed under the experimental air-
worthiness process of the Federal Aviation Adminis-
tration or other appropriate airworthiness process ap-
proved by the Secretary of Defense. 
(d) QUALIFIED CONTRACTOR.— 
(1) IN GENERAL.—The Secretary of the Army 
may award a contract for the program authorized by 
subsection (a) to a contractor that— 
(A) has demonstrated the capability to de-
sign, fabricate, qualify, and flight test experi-
mental rotorcraft; and 
(B) maintains a reasonable level of aircraft 
flight risk liability insurance that names the 
Federal Government as an additional insured 
party. 
(2) SMALL BUSINESS CONCERN.—In awarding a 
contract under paragraph (1), the Secretary shall 
fully consider proposals submitted by small business 
concerns (as defined in section 2225(f)(3) of title 10, 
United States Code). 
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SEC. 220. DESIGNATION OF MAIN PROPULSION SYSTEM OF 
THE NEXT-GENERATION LONG-RANGE STRIKE 
BOMBER AIRCRAFT AS MAJOR SUBPROGRAM. 
(a) DESIGNATION AS MAJOR SUBPROGRAM.—Not later 
than 30 days after the date of the enactment of this Act, 
the Secretary of Defense shall designate the development and 
procurement of the main propulsion system of the next-gen-
eration long-range strike bomber aircraft as a major sub-
program of the next-generation long-range strike bomber 
aircraft major defense acquisition program, in accordance 
with section 2430a of title 10, United States Code. 
(b) COMPETITIVE ACQUISITION STRATEGY.—The Sec-
retary of the Air Force shall develop an acquisition strategy 
for the major subprogram designated in subsection (a) that 
is in accordance with subsections (a) and (b) of section 202 
of the Weapon Systems Acquisition Reform Act of 2009 
(Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 note). 
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 enactment 
of this Act, the Secretary of Defense shall designate the elec-
tromagnetic aircraft launch development and procurement 
program as a major subprogram of the CVN–78 Ford-class 
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aircraft carrier major defense acquisition program, in ac-
cordance 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 amended— 
(1) by striking ‘‘The Secretary of Defense’’ and 
inserting ‘‘(1) The Secretary of Defense’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The Secretary of Defense may not delegate to an 
individual outside the Office of the Secretary of Defense the 
authority regarding the programming or budgeting of the 
program established by this section that is carried out by 
the Assistant Secretary of Defense for Research and Engi-
neering.’’. 
(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)’’. 
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SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR FU-
TURE UNMANNED CARRIER-BASED STRIKE 
SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2012 for research, development, test, and evaluation, 
Navy, for the Future Unmanned Carrier-based Strike Sys-
tem, 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 defense 
committees that— 
(A) such system is required to fill a vali-
dated capability gap of the Department of De-
fense; and 
(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 
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system have been established and are achievable; 
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; 
(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 completed 
a comprehensive analysis of alternatives for such 
system; 
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(B) the acquisition strategy of the Secretary 
for the engineering, manufacturing, development, 
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 Future 
Unmanned Carrier-based Strike System and 
that the level of concurrency between the pro-
grams is prudent and reasonable; and 
(E) the Secretary has sufficient fiscal re-
sources budgeted in the future years defense plan 
and extended planning period that supports the 
acquisition strategy described in subparagraph 
(B). 
(b) GAO BRIEFING.—Not later than 90 days after the 
date on which the certifications and report under subsection 
(a) are received by the congressional defense committees, the 
Comptroller General of the United States shall brief the con-
gressional defense committees on an evaluation of the acqui-
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sition 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: 
‘‘§ 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. 
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‘‘(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 Director 
may not adjust or revise an acquisition baseline established 
under this section. 
‘‘(b) ELEMENTS
OF BASELINES.—Each acquisition 
baseline required by subsection (a) for a program element 
or major subprogram shall include the following: 
‘‘(1) A comprehensive schedule, including— 
‘‘(A) research and development milestones; 
‘‘(B) acquisition milestones, including de-
sign reviews and key decision points; 
‘‘(C) key test events, including ground and 
flight tests and ballistic missile defense system 
tests; 
‘‘(D) delivery and fielding schedules; 
‘‘(E) quantities of assets planned for acqui-
sition and delivery in total and by fiscal year; 
and 
‘‘(F) planned contract award dates. 
‘‘(2) A detailed technical description of— 
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‘‘(A) the capability to be developed, includ-
ing hardware and software; 
‘‘(B) system requirements, including per-
formance requirements; 
‘‘(C) how the proposed capability satisfies a 
capability identified by the commanders of the 
combatant commands on a prioritized capabili-
ties list; 
‘‘(D) key knowledge points that must be 
achieved to permit continuation of the program 
and to inform production and deployment deci-
sions; and 
‘‘(E) how the Director plans to improve the 
capability over time. 
‘‘(3) A cost estimate, including— 
‘‘(A) a life-cycle cost estimate that sepa-
rately identifies the costs regarding research and 
development, procurement, military construction, 
operations and sustainment, and disposal; 
‘‘(B) program acquisition unit costs for the 
program element; 
‘‘(C) average procurement unit costs and 
program acquisition costs for the program ele-
ment; and 
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‘‘(D) an identification of when the docu-
ment regarding the program joint cost analysis 
requirements description is scheduled to be ap-
proved. 
‘‘(4) A test baseline summarizing the comprehen-
sive test program for the program element or major 
subprogram outlined in the integrated master test 
plan. 
‘‘(c) ANNUAL
REPORTS
ON
ACQUISITION
BASE-
LINES.—(1) Not later than February 15 of each year, the 
Director shall submit to the congressional defense commit-
tees a report on the acquisition baselines required by sub-
section (a). 
‘‘(2)(A) The first report under paragraph (1) shall set 
forth each acquisition baseline required by subsection (a) 
for a program element or major subprogram. 
‘‘(B) Each subsequent report under paragraph (1) 
shall include— 
‘‘(i) any new acquisition baselines required by 
subsection (a) for a program element or major sub-
program; and 
‘‘(ii) with respect to an acquisition baseline that 
was previously included in a report under paragraph 
(1), an identification of any changes or variances 
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made to the elements described in subsection (b) for 
such acquisition baseline, as compared to— 
‘‘(I) the initial acquisition baseline for such 
program element or major subprogram; and 
‘‘(II) the acquisition baseline for such pro-
gram element or major subprogram that was 
submitted in the report during the previous year. 
‘‘(3) Each report under this subsection shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
‘‘(d) EXCEPTION TO LIMITATION ON REVISION.—The 
Director may adjust or revise an acquisition baseline estab-
lished under this section if the Director submits to the con-
gressional defense committees notification of— 
‘‘(1) a justification for such adjustment or revi-
sion; 
‘‘(2) the specific adjustments or revisions made 
to the acquisition baseline, including to the elements 
described in subsection (b); and 
‘‘(3) the effective date of the adjusted or revised 
acquisition baseline.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘225. Acquisition accountability reports on the ballistic missile defense system.’’. 
(b) CONFORMING AMENDMENTS.— 
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(1) FISCAL YEAR 2011 NDAA.—Section 225 of the 
Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 124 Stat. 
4170; 10 U.S.C. 223 note) is repealed. 
(2) FISCAL YEAR 2008 NDAA.—Section 223 of the 
National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 39; 10 U.S.C. 
223 note) is amended by striking subsection (g). 
(3) FISCAL YEAR 2003 NDAA.—Section 221 of the 
Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107–314; 116 Stat. 
2484; 10 U.S.C. 2431 note) is repealed. 
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR ME-
DIUM EXTENDED AIR DEFENSE SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the United States should pursue options with 
respect to multilaterally terminating the contract cov-
ering the medium extended air defense system in 
order to lessen the contract termination liability be-
longing to the United States; 
(2) the Secretary of Defense must now sustain 
the Patriot air and missile defense system longer than 
previously planned; 
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(3) the Secretary of Defense should identify 
promising technologies from the medium extended air 
defense system, whether the technology originated in 
the United States or in a partner country, as soon as 
practicable and transition such technologies into a 
Patriot air and missile defense system 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. 
(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 programs 
of record by not later than September 30, 2013; 
and 
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(2) submits to the congressional defense commit-
tees written notification of— 
(A) the amount of the total cost for which 
the United States is liable with respect to termi-
nating 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; 
(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. 
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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 Europe if— 
(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 Eu-
rope by 2020 in order to protect the homeland 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 enhance 
the protection of the United States beyond the ground- 
based midcourse defense capabilities currently de-
ployed for the defense of the United States; and 
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(4) includes plans for ensuring that such hedging 
capabilities described in paragraphs (1) through 
(3)— 
(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. 
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(C) Detailed plans, programs, and a budget 
profile for implementing the strategy through 
2022. 
(D) The criteria to be used in determining 
when each item contained in the strategy should 
be implemented and the schedule required to im-
plement each item. 
(E) Any other information the Secretary 
considers necessary. 
(3) SUBMISSION.—The Secretary shall submit to 
the congressional defense committees the strategy de-
veloped under paragraph (1) by the earlier of the fol-
lowing: 
(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-atmospheric 
kill vehicles until the root cause of such failures is de-
termined and resolved. 
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(2) The ground-based midcourse defense system 
is currently the only missile defense system that pro-
tects the homeland of the United States from long- 
range ballistic missile threats. 
(3) In the fiscal year 2010 budget request, the 
ground-based midcourse defense system element was 
reduced by $524,600,000 from the fiscal year 2009 
level while the fiscal year 2011 budget request restored 
$318,800,000 of this funding. 
(4) The fiscal year 2012 budget request further 
reduces the ground-based midcourse defense system 
element by $185,000,000 for fiscal year 2012 and fur-
ther 
reduces 
such 
element 
by 
an 
additional 
$1,000,000,000 for the years covering the future-years 
defense program from the amount projected in the fis-
cal year 2011 budget request. 
(5) According to the Missile Defense Agency, the 
combination of the two flight-test failures and oper-
ating under the reduced spending limits of the Con-
tinuing Resolutions during fiscal year 2011 before the 
date on which the Department of Defense and Full- 
Year Continuing Appropriations Act, 2011 (Public 
Law 112–10) was enacted have resulted in the delay 
or restructuring of several activities within the 
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ground-based midcourse defense system element, in-
cluding— 
(A) delays to ground-based interceptor man-
ufacturing 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 procure-
ment of additional ground-based interceptors will be 
necessary in light of the recent flight-test results. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
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 possible 
to provide commanders of the combatant commands 
and the American people greater confidence in the re-
liability 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 com-
pleted the review of the ground-based midcourse defense sys-
tem flight-test failures described in subsection (a)(1), which-
ever is later, the Secretary of Defense shall submit to the 
congressional defense committees the following: 
(1) A plan by the Director of the Missile Defense 
Agency to address the flight-test failures, including— 
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(A) an identification of the root cause asso-
ciated with the exo-atmospheric kill vehicle that 
led to the flight-test failures; 
(B) an identification of other potential tech-
nical issues associated with the exo-atmospheric 
kill vehicle or ground-based midcourse defense 
system that have materialized in recent testing; 
(C) how the Director will resolve the issues 
identified in subparagraph (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 Northern 
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. 
(2) Written certification by the Secretary that— 
(A) the Director has thoroughly investigated 
the root cause of the flight-test failures and any 
other potential technical issues associated with 
the exo-atmospheric kill vehicle or ground-based 
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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-
graph (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 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 as-
sociated with developing and operating a limited 
space-based interceptor capability and to submit the 
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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 oper-
ate such a capability; 
(C) the key knowledge, research, and testing 
that would be needed for any nation to develop 
and operate an effective space-based interceptor 
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 terrestri-
ally-based missile defense systems. 
(2) REPORT.— 
(A) Not later than one year after the date 
of the enactment of this Act, the Secretary of De-
fense shall submit to the congressional defense 
committees a report on the study required under 
paragraph (1). 
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(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 procedures 
in accordance with the requirements of sections 
2304(k) and 2374 of title 10, United States Code, or 
on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
Subtitle D—Reports 
SEC. 241. ANNUAL COMPTROLLER GENERAL REPORT ON 
THE KC–46A AIRCRAFT ACQUISITION PRO-
GRAM. 
(a) ANNUAL GAO REVIEW.—During the period begin-
ning on the date of the enactment of this Act and ending 
on March 1, 2017, the Comptroller General of the United 
States shall conduct an annual review of the KC–46A air-
craft acquisition program. 
(b) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than March 1 of 
each year beginning in 2012 and ending in 2017, the 
Comptroller General shall submit to the congressional 
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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 pro-
gram 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 ini-
tial 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. 
(C) An assessment of KC–46A aircraft pro-
curement plans, production results, and efforts to 
improve manufacturing efficiency and supplier 
performance. 
(D) An assessment of the acquisition strat-
egy of the KC–46A aircraft, including whether 
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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 mas-
ter schedule and the test and evaluation master 
plan of the KC–46A aircraft as it relates to— 
(i) the probability of success; 
(ii) the funding required for such 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 report 
under paragraph (1) and a report following any 
changes made by the Secretary of the Air Force to the 
baseline documentation of the KC–46A aircraft acqui-
sition program, the Comptroller General shall in-
clude, with respect to such program, an assessment of 
the sufficiency and objectivity of— 
(A) the integrated baseline review document; 
(B) the initial capabilities document; 
(C) the capabilities development document; 
and 
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(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 en-
tity outside the Department of Defense to conduct an inde-
pendent review and assessment of the cryptographic mod-
ernization program of the Department of Defense. 
(b) ELEMENTS.—The review and assessment required 
by subsection (a) shall include the following: 
(1) For each military department and appro-
priate defense agency, an analysis of the adequacy of 
the program management structure for executing the 
cryptographic modernization program, including re-
sources, personnel, requirements generation, and busi-
ness 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 program, 
including the programmatic risks that negatively af-
fect such compliance. 
(c) REPORT.— 
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(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 assessment; 
and 
(B) recommendations for improving the 
management of the cryptographic modernization 
program. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 243. REPORT ON FEASIBILITY OF ELECTROMAGNETIC 
RAIL GUN SYSTEM. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the feasibility of 
developing and deploying the electromagnetic rail gun sys-
tem to be used for either land- or ship-based force protec-
tion. 
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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 sub-
section (a) shall take effect on October 1, 2012. 
SEC. 252. PRESERVATION AND STORAGE OF CERTAIN PROP-
ERTY RELATED TO F136 PROPULSION SYS-
TEM. 
(a) PLAN.—The Secretary of Defense shall develop and 
carry out a plan for the preservation and storage of prop-
erty owned by the Federal Government that was acquired 
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 pro-
pulsion system to be restarted after a period of 
idleness; 
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(B) provides for the long-term sustainment 
and repair of such property; and 
(C) allows for such preservation and storage 
to be conducted at either the facilities of the Fed-
eral Government or a contractor under such con-
tract; 
(2) with respect to the supplier base of such 
property, identify the costs of restarting development; 
(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, testing, 
and evaluation of the F136 engine, if such activities 
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. 
(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 research, 
development, test, and evaluation, Navy, or research, devel-
opment, test, and evaluation, Air Force, for the F–35 Light-
ning II aircraft program may be obligated or expended for 
activities related to destroying or disposing of the property 
described in subsection (a). 
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(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 report 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 Defense 
Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 
note) is amended by striking ‘‘October 1, 2013’’ and insert-
ing ‘‘September 30, 2016’’. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fis-
cal year 2012 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4301. 
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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 amend-
ed— 
(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 fol-
lowing new paragraph (3): 
‘‘(3) The Chairman of the Joint Chiefs of Staff shall 
designate a senior official under the jurisdiction of the 
Chairman who shall be responsible for operational energy 
plans and programs for the Joint Chiefs of Staff and the 
Joint Staff. The official so designated shall be responsible 
for coordinating with the Assistant Secretary and 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’’. 
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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, sub-
ject to the availability of appropriations, implementa-
tion by the military installation’’ after ‘‘develop-
ment’’; and 
(2) in subparagraph (B), by inserting ‘‘and sus-
tainability’’ after ‘‘safety’’. 
SEC. 313. IMPROVED SIKES ACT COVERAGE OF STATE- 
OWNED FACILITIES USED FOR THE NATIONAL 
DEFENSE. 
(a) IMPROVEMENTS
TO ACT.—The Sikes Act (16 
U.S.C. 670 et seq.) is amended as follows: 
(1) DEFINITIONS.—Section 100 (16 U.S.C. 670) 
is amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) STATE.—The term ‘State’ means any of the 
several States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Commonwealth of 
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the Northern Mariana Islands, American Samoa, and 
the Virgin Islands. 
‘‘(3) STATE-OWNED NATIONAL GUARD INSTALLA-
TION.—The term ‘State-owned National Guard instal-
lation’ means land owned and operated by a State 
when such land is used for training the National 
Guard pursuant to chapter 5 of title 32, United State 
Code, with funds provided by the Secretary of Defense 
or the Secretary of a military department, even 
though such land is not under the jurisdiction of the 
Department of Defense.’’. 
(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 
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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; 
(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-
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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 
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’’. 
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(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: 
(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 UNLESS 
EFFECTS COMPATIBLE WITH PLAN.—’’ after 
‘‘(c)’’; 
(D) in subsection (d), by inserting ‘‘IMPLE-
MENTATION AND ENFORCEMENT OF INTEGRATED 
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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: 
‘‘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 ‘‘agency. 
‘‘(b) APPLICABILITY OF OTHER LAWS.—Possession’’. 
(3) Section 103a (16 U.S.C. 670c–1) is further 
amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREE-
MENTS FOR LAND MANAGEMENT ON INSTAL-
LATIONS.’’; 
(B) by striking ‘‘SEC. 103A.’’; 
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100 
(C) in subsection (a), by inserting ‘‘AU-
THORITY OF SECRETARY OF MILITARY DEPART-
MENT.—’’ 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: 
‘‘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 FOR-
EST 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 IN-
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101 
TEGRATED NATURAL RESOURCES MANAGEMENT 
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 
(F) in subsection (D), by inserting ‘‘USE OF 
OTHER CONSERVATION OR REHABILITATION AU-
THORITIES.—’’ 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: 
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102 
‘‘SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION 
AND REHABILITATION PROGRAMS.’’; 
(B) by striking ‘‘SEC. 202.’’; 
(C) in subsection (a), by inserting ‘‘DEVEL-
OPMENT OF PLANS.—’’ after ‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘CON-
SISTENCY WITH OVERALL LAND USE AND MAN-
AGEMENT
PLANS; HUNTING, TRAPPING, AND 
FISHING.—’’ after ‘‘(b)’’; 
(E) in subsection (c), by inserting ‘‘COOP-
ERATIVE AGREEMENTS BY STATE AGENCIES FOR 
IMPLEMENTATION OF PROGRAMS.—’’ after ‘‘(c)’’; 
and 
(F) in subsection (d), by inserting ‘‘STATE 
AGENCY
AGREEMENTS
NOT
COOPERATIVE 
AGREEMENTS UNDER OTHER PROVISIONS.—’’ 
after ‘‘(d)’’. 
(9) Section 203 (16 U.S.C. 670i) is amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR 
HUNTING, TRAPPING, AND FISHING ON PUB-
LIC LANDS SUBJECT TO PROGRAMS.’’; 
(B) by striking ‘‘SEC. 203.’’; 
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103 
(C) in subsection (a), by inserting ‘‘AGREE-
MENTS
TO REQUIRE STAMPS.—’’ after ‘‘(a)’’; 
and 
(D) in subsection (b)— 
(i) by inserting ‘‘CONDITIONS
FOR 
AGREEMENTS.—’’ after ‘‘(b)’’; and 
(ii) by moving paragraph (3) 2 ems to 
the right, so that the left-hand margin 
aligns with that of paragraph (2). 
(10) Section 204 (16 U.S.C. 670j) is amended— 
(A) by inserting at the beginning the 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 amended— 
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104 
(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 amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘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 amended— 
(A) by inserting at the beginning the fol-
lowing: 
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’’; 
(B) by striking ‘‘SEC. 209.’’; 
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105 
(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)’’; 
(E) in subsection (c), by inserting ‘‘USE OF 
OTHER CONSERVATION OR REHABILITATION AU-
THORITIES’’ 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 striking 
‘‘magistrate’’ both places it appears and inserting ‘‘mag-
istrate 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: 
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106 
‘‘(b)(1) Except as provided in paragraph (3), this Act 
shall not apply to— 
‘‘(A) a ship of the Armed Forces described in 
paragraph (2); or 
‘‘(B) any other ship specifically excluded by the 
MARPOL Protocol or the Antarctic Protocol. 
‘‘(2) A ship described in this paragraph is a ship that 
is owned or operated by the Secretary, with respect to the 
Coast Guard, or by the Secretary of a military department, 
and that, as determined by the Secretary concerned— 
‘‘(A) has unique military design, construction, 
manning, or operating requirements; and 
‘‘(B) cannot fully comply with the discharge 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 Con-
vention shall apply to all ships referred to in subsection 
(a) other than those described in paragraph (2). 
‘‘(B) A ship that is described in paragraph (2) shall 
limit the discharge into the sea of garbage as follows: 
‘‘(i) The discharge into the sea of plastics, in-
cluding synthetic ropes, synthetic fishing nets, plastic 
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107 
garbage bags, and incinerator ashes from plastic 
products that may contain toxic chemicals or heavy 
metals, or the residues thereof, is prohibited. 
‘‘(ii) Garbage consisting of the following 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 shred-
ded 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. 
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108 
‘‘(D) Notwithstanding subparagraph (C), a ship de-
scribed in paragraph (2) that is not equipped with garbage- 
processing equipment sufficient to meet the requirements of 
subparagraph (B)(ii) may discharge garbage that has not 
been processed in accordance with subparagraph (B)(ii) if 
such discharge occurs as far as practicable from the nearest 
land, but in any case not less than— 
‘‘(i) 12 nautical miles from the nearest land, in 
the case of food wastes and non-floating garbage, in-
cluding paper products, cloth, glass, metal, bottles, 
crockery, and similar refuse; and 
‘‘(ii) 25 nautical miles from the nearest land, in 
the case of all other garbage. 
‘‘(E) This paragraph shall not apply when discharge 
of any garbage is necessary for the purpose of securing the 
safety of the ship, the health of the ship’s personnel, or sav-
ing life at sea. Not later than 270 days after such a dis-
charge, the discharge shall be reported to the Secretary, with 
respect to the Coast Guard, or the Secretary concerned. 
‘‘(F) This paragraph shall not apply during time of 
war or a national emergency declared by the President or 
Congress.’’. 
(b) CONFORMING AMENDMENTS.—Section 3(f) of the 
Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) 
is amended— 
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109 
(1) in paragraph (1), by striking ‘‘Annex V to 
the Convention on or before the dates referred to in 
subsections (b)(2)(A) and (c)(1)’’ and inserting ‘‘sub-
section (b)’’; and 
(2) in paragraph (2), by inserting ‘‘and sub-
section (b)(3)(B)(i) of this section’’ after ‘‘Annex V to 
the Convention’’. 
SEC. 315. DESIGNATION OF DEPARTMENT OF DEFENSE EX-
ECUTIVE AGENT FOR ALTERNATIVE FUEL DE-
VELOPMENT. 
(a) DESIGNATION OF EXECUTIVE AGENT.—The Assist-
ant Secretary of Defense for Operational Energy, Plans, 
and Programs shall recommend, and the Secretary of De-
fense shall designate, the Secretary of one of the military 
departments to serve as the Executive Agent for Alternative 
Fuel Development for the Department of Defense. The Exec-
utive Agent shall— 
(1) lead the military departments in the develop-
ment of alternative fuel; 
(2) streamline the current investments of each of 
the military departments and ensure that such invest-
ments account for the requirements of the military de-
partments; 
(3) work jointly with the Assistant Secretary of 
Defense for Research and Engineering; 
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