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‘‘(H) Ensuring the interoperability of equip-
ment and forces. 
‘‘(I) Monitoring the promotions, assignments, 
retention, training, and professional military edu-
cation of medical officers described in paragraph (1), 
(2), (3), (4), (5), or (6) of section 335(j) of title 37. 
‘‘(3) The commander of such command shall be re-
sponsible for the Defense Health Program, including the 
Defense Health Program Account established under sec-
tion 1100 of this title. 
‘‘(f) DEFENSE HEALTH AGENCY.—(1) In estab-
lishing the unified medical command under subsection (a), 
the Secretary shall also establish under section 191 of this 
title a defense agency for health care (in this section re-
ferred to as the ‘Defense Health Agency’), and shall trans-
fer to such agency the organization of the Department of 
Defense referred to as the TRICARE Management Activ-
ity and all functions of the TRICARE Program (as de-
fined in section 1072(7)). 
‘‘(2) The director of the Defense Health Agency shall 
hold the rank of lieutenant general or, in the case of an 
officer of the Navy, vice admiral while serving in that posi-
tion, without vacating his permanent grade. The director 
of such agency shall be appointed to that grade by the 
President, by and with the advice and consent of the Sen-
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ate, for service in that position. The director of such agen-
cy shall be a member of a health profession described in 
paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 
of title 37. 
‘‘(g) REGULATIONS.—In establishing the unified 
medical command under subsection (a), the Secretary of 
Defense shall prescribe regulations for the activities of the 
unified medical command.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 167a 
the following new item: 
‘‘167b. Unified combatant command for medical operations.’’. 
(b) PLAN, NOTIFICATION, AND REPORT.— 
(1) PLAN.—Not later than July 1, 2012, the 
Secretary of Defense shall submit to the congres-
sional defense committees a comprehensive plan to 
establish the unified medical command authorized 
under section 167b of title 10, United States Code, 
as added by subsection (a), including any legislative 
actions the Secretary considers necessary to imple-
ment the plan. 
(2) NOTIFICATION.—The Secretary shall sub-
mit to the congressional defense committees written 
notification of the decision of the Secretary to estab-
lish the unified medical command under such section 
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167b by not later than the date that is 30 days be-
fore establishing such command. 
(3) REPORT.—Not later than 180 days after 
submitting the notification under paragraph (2), the 
Secretary shall submit to the congressional defense 
committees a report on— 
(A) the establishment of the unified med-
ical command; and 
(B) the establishment of the Defense 
Health Agency under subsection (f) of such sec-
tion 167b. 
SEC. 712. LIMITATION ON AVAILABILITY OF FUNDS FOR 
THE FUTURE ELECTRONIC HEALTH RECORDS 
PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2012 for the procurement, research, development, 
test, and evaluation, or operation and maintenance of the 
future electronic health records program, not more than 
10 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 
a report addressing— 
(1) an architecture to guide the transition of 
the electronic health records of the Department of 
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Defense to a future state that is cost-effective and 
interoperable; 
(2) the process for selecting investments in in-
formation technology that support the architecture 
described in paragraph (1); 
(3) the report required by section 715 of the 
Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 124 Stat. 
4249); 
(4) the effectiveness of the Interagency Pro-
gram Office to manage or oversee efforts with re-
spect to the future electronic health records pro-
gram; and 
(5) any other matters the Secretary considers 
appropriate. 
(b) FUTURE ELECTRONIC HEALTH RECORDS PRO-
GRAM DEFINED.—In this section, the term ‘‘future elec-
tronic health records program’’ means the programs of the 
Department of Defense referred to as the ‘‘EHR way 
ahead’’ and the ‘‘virtual lifetime electronic record’’. 
SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION 
FOR 
CERTAIN 
HEALTH 
CARE 
PROFES-
SIONALS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) the Secretary of Defense and the Secretary 
of Veterans Affairs need to renew and improve ef-
forts to reach out to rural America, which has less 
access to care; 
(2) behavioral health services for active duty 
members of the Armed Forces, members of the re-
serve components, members of the National Guard, 
and veterans need to be more easily and readily ac-
cessible; and 
(3) medical records and records of deployment 
need a ‘‘warm transition’’ and better collaboration 
between the Department of Defense and the Depart-
ment of Veterans Affairs. 
(b) EXPANSION.—Section 1094(d) of title 10, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘at any location’’ before 
‘‘in any State’’; and 
(B) by striking ‘‘regardless’’ and all that 
follows through the end and inserting ‘‘regard-
less of where such health-care professional or 
the patient are located, so long as the practice 
is within the scope of the authorized Federal 
duties.’’; and 
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(2) in paragraph (2), by striking ‘‘member of 
the armed forces’’ and inserting ‘‘member of the 
armed forces, civilian employee of the Department of 
Defense, personal services contractor under section 
1091 of this title, or other health-care professional 
credentialed and privileged at a Federal health care 
institution or location specially designated by the 
Secretary for this purpose’’. 
(c) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Secretary of Veterans Affairs, 
shall submit to Congress separate reports on each of the 
following: 
(1) The plans to develop and expand programs 
to use new Internet and communication technologies 
for improved access to care and resources, including 
telemedicine, telehealth care services, and telebehav-
ioral health programs that ensure patient privacy. 
(2) Any plans to improve the transition of 
health and battlefield deployment records to better 
assist and care for veterans. 
(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out the amendments made 
by this section. 
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Subtitle C—Other Matters 
SEC. 721. REVIEW OF WOMEN-SPECIFIC HEALTH SERVICES 
AND TREATMENT FOR FEMALE MEMBERS OF 
THE ARMED FORCES. 
(a) COMPREHENSIVE REVIEW.—The Secretary of 
Defense shall conduct a comprehensive review of— 
(1) the availability, efficacy, and adequacy of 
reproductive health care services available for female 
members of the Armed Forces, including gyneco-
logical services and breast and gynecological cancer 
services; 
(2) the availability, efficacy, and adequacy of 
women-specific preventative health care services for 
female members of the Armed Forces; 
(3) the availability of women-specific treatment 
for sexual assault or abuse; and 
(4) the extent to which military medical treat-
ment facilities are following the policies of the De-
partment of Defense with respect to women-specific 
health services. 
(b) MATTERS INCLUDED.—The review required by 
subsection (a) shall include an assessment of the following: 
(1) The need for women-specific health out-
reach, prevention, and treatment services for female 
members of the Armed Forces. 
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(2) The access to and efficacy of existing 
women-specific mental health outreach, prevention, 
and treatment services and programs (including sub-
stance abuse programs). 
(3) The availability of women-specific services 
and treatment for female members of the Armed 
Forces who experience sexual assault or sexual 
abuse. 
(4) The access to and need for military medical 
treatment facilities to provide for the women-specific 
health care needs of female members of the Armed 
Forces. 
(5) The need for further clinical research on the 
women-specific health care needs of female members 
of the Armed Forces who served in a combat zone. 
(c) REPORT.—Not later than March 31, 2012, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the review required by sub-
section (a). 
SEC. 722. COMPTROLLER GENERAL REVIEWS OF DEPART-
MENT OF DEFENSE–DEPARTMENT OF VET-
ERANS AFFAIRS MEDICAL FACILITY DEM-
ONSTRATION PROJECT. 
Section 1701(e)(1) of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84; 123 
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Stat. 2568) is amended by striking ‘‘Not later’’ and all 
that follows through ‘‘thereafter’’ and inserting ‘‘Not later 
than July 31 of each of 2011, 2013, and 2015’’. 
SEC. 723. COMPTROLLER GENERAL REPORT ON CON-
TRACTED HEALTH CARE STAFFING FOR MILI-
TARY MEDICAL TREATMENT FACILITIES. 
(a) REPORT.—Not later than March 31, 2012, the 
Comptroller General shall submit to the Committee on 
Armed Services of the House of Representatives and the 
Committee on Armed Services of the Senate a report on 
the contracting activities of the military departments with 
respect to providing health care professional services to 
members of the Armed Forces, dependents, and retirees. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include the following: 
(1) A review of the contracting practices used 
by the military departments to provide health care 
professional services by civilian providers. 
(2) An assessment of whether the contracting 
practices described in paragraph (1) are the most 
cost effective means to provide necessary care. 
(3) A determination of— 
(A) the percentage of contract health care 
professionals who provide services to members 
of the Armed Forces, dependents, or retirees in 
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military medical treatment facilities or other 
on-base facilities; and 
(B) the percentage of contract health care 
professionals who provide services to members 
of the Armed Forces, dependents, or retirees in 
off-base private facilities. 
(4) A comparison of the cost associated with 
the provision of care by contract health care profes-
sionals described in subparagraphs (A) and (B) of 
paragraph (3). 
(5) An assessment of whether or not consoli-
dating health care staffing requirements for military 
medical treatment facilities and other on-base clinics 
in defined geographic areas (including regions or 
catchment areas) would achieve economies of scale 
and cost savings or avoidance with respect to con-
tracting for health care professionals. 
(6) An assessment of whether private sector en-
tities that provide health care professional staff on 
a contract basis to military medical treatment facili-
ties and other on-base clinics meet certain basic 
standards of professionalism, including those de-
scribed in section 732(c)(2)(A) of the National De-
fense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109–364; 120 Stat. 2297). 
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(7) An assessment of the acquisition training 
and experience of the contracting officers or other 
personnel within military medical treatment facilities 
that award or administer contracts regarding the 
services of health care professionals. 
(8) Any recommendations the Comptroller Gen-
eral considers appropriate regarding improving the 
contracting activities of the military departments 
with respect to providing health care professional 
services. 
SEC. 724. TREATMENT OF WOUNDED WARRIORS. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $9,679,444,000 for research, de-
velopment, test, and evaluation, Army, for advanced tech-
nology development, medical advanced technology. Of the 
amounts authorized to be appropriated by section 201, as 
specified in the corresponding funding table in division D, 
the Secretary of the Army shall obligate an additional 
$3,000,000 for the program described in subsection (c) 
in furtherance of national security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
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in the second sentence of subsection (a) with or to a spe-
cific 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. 
(c) WOUNDED WARRIOR PROGRAM.— 
(1) IN GENERAL.—The Secretary of the Army 
shall establish a program to enter into public-private 
partnerships to enable coordinated, rapid clinical 
evaluation and the wide-area deployment of novel 
treatment strategies for wounded service members, 
with an emphasis on the most common musculo-
skeletal injuries. 
(2) PRIORITIES.—In carrying out the program 
under this subsection, the Secretary shall ensure 
that the program— 
(A) is composed of a national network of 
leading clinical centers and includes an inte-
grated clinical trial effort; and 
(B) will address the priorities of the 
Armed Forces with respect to stabilization, re-
tention, and readiness. 
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SEC. 725. COOPERATIVE HEALTH CARE AGREEMENTS. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $32,198,770,000 for the Defense 
Health Program. Of the amounts authorized to be appro-
priated by section 1407, as specified in the corresponding 
funding table in division D, the Secretary of Defense shall 
obligate an additional $500,000 for cooperative health 
care agreements between military installations and local 
or regional health care systems pursuant to section 713 
of the National Defense Authorization Act of 2010 (Public 
Law 111–84; 123 Stat. 2380; 10 U.S.C. 1073 note) to 
strengthen local or regional health care systems for mem-
bers of the Armed Forces and communities surrounding 
military installations with both active duty and training 
components with no inpatient medical facilities. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific 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 
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(2) comply with other applicable provisions of 
law. 
SEC. 726. PROSTATE CANCER IMAGING RESEARCH INITIA-
TIVE. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $7,581,000 for the prostate can-
cer imaging research initiative. Of the amounts authorized 
to be appropriated by section 1407, as specified in the cor-
responding funding table in division D, the Secretary of 
Defense shall obligate an additional $2,000,000 for the 
same purpose in furtherance of national security objec-
tives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific 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. 
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SEC. 727. DEFENSE CENTERS OF EXCELLENCE FOR PSY-
CHOLOGICAL 
HEALTH 
AND 
TRAUMATIC 
BRAIN INJURY. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $176,345,000 for information 
technology development under the Defense Health Pro-
gram. Of the amounts authorized to be appropriated by 
section 1407, as specified in the corresponding funding 
table in division D, the Secretary of Defense shall obligate 
an additional $2,000,000 for the Defense Centers of Ex-
cellence for Psychological Health and Traumatic Brain In-
jury to enhance efforts to disseminate post-deployment 
mental health information in furtherance of national secu-
rity objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific 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. 
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SEC. 728. COLLABORATIVE MILITARY-CIVILIAN TRAUMA 
TRAINING PROGRAMS. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $32,198,770,000 for the Defense 
Health Program. Of the amounts authorized to be appro-
priated by section 1407, as specified in the corresponding 
funding table in division D, the Secretary of Defense shall 
obligate an additional $3,000,000 for the Defense Health 
Program for collaborative military-civilian trauma training 
programs pursuant to the cooperative health care agree-
ments between military installations and local or regional 
health care systems under section 713 of the National De-
fense Authorization Act of 2010 (Public Law 111–84; 123 
Stat. 2380; 10 U.S.C. 1073 note) in furtherance of na-
tional security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific 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 
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(2) comply with other applicable provisions of 
law. 
(c) REPORT.—Not later than 120 days after the date 
on which the Secretary establishes collaborative military- 
civilian trauma training programs pursuant to subsection 
(a), the Secretary shall submit to the congressional de-
fense committees a report on the effectiveness of training 
under the programs as compared to training under other 
medical training programs. 
SEC. 729. TRAUMATIC BRAIN INJURY. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $32,198,770,000 for the Defense 
Health Program. Of the amounts authorized to be appro-
priated by section 1407, as specified in the corresponding 
funding table in division D, the Secretary of Defense shall 
obligate an additional $1,000,000 for the development of 
national medical guidelines regarding the post-acute reha-
bilitation of individuals with traumatic brain injury in fur-
therance of national security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific entity shall— 
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(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. 
SEC. 730. COMPETITIVE PROGRAMS FOR ALCOHOL AND 
SUBSTANCE ABUSE DISORDERS. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $415,000,000 for the continued 
support of wounded, ill, and injured medical research, to 
include psychological health, traumatic brain injury, and 
post-traumatic stress disorder. Of the amounts authorized 
to be appropriated by section 1406, as specified in the cor-
responding funding table in division D, the Secretary of 
Defense shall obligate an additional $5,000,000 for the 
continued support 
of 
a 
competitive 
program 
for 
translational research centers tasked with addressing alco-
hol and substance abuse issues in furtherance of national 
security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
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in the second sentence of subsection (a) with or to a spe-
cific 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. 
SEC. 731. PILOT PROGRAM ON PAYMENT FOR TREATMENT 
OF MEMBERS OF THE ARMED FORCES AND 
VETERANS FOR TRAUMATIC BRAIN INJURY 
AND POST-TRAUMATIC STRESS DISORDER. 
(a) PAYMENT PROCESS.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall carry out a 
five-year pilot program under which each such Secretary 
shall establish a process through which each Secretary 
shall provide payment for treatments (including diagnostic 
testing) of traumatic brain injury or post-traumatic stress 
disorder received by members of the Armed Forces and 
veterans in health care facilities other than military treat-
ment facilities or Department of Veterans Affairs medical 
facilities. Such process shall provide that payment be 
made directly to the health care facility furnishing the 
treatment. 
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(b) CONDITIONS FOR PAYMENT.—The approval by a 
Secretary for payment for a treatment pursuant to sub-
section (a) shall be subject to the following conditions: 
(1) Any drug or device used in the treatment 
must be approved or cleared by the Food and Drug 
Administration for any purpose. 
(2) The treatment must have been approved by 
an institutional review board operating in accordance 
with regulations issued by the Secretary of Health 
and Human Services. 
(3) The treatment (including any patient disclo-
sure requirements) must be used by the health care 
provider delivering the treatment. 
(4) The patient receiving the treatment must 
demonstrate an improvement as a result of the 
treatment on one or more of the following: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments. 
(C) Neurological imaging. 
(D) Clinical examination. 
(5) The patient receiving the treatment must be 
receiving the treatment voluntarily. 
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(6) The patient receiving the treatment may not 
be a retired member of the uniformed services or of 
the Armed Forces who is entitled to benefits under 
part A, or eligible to enroll under part B, of title 
XVIII of the Social Security Act. 
(c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex-
cept as provided in this subsection (b), no restriction or 
condition for reimbursement may be placed on any health 
care provider that is operating lawfully under the laws of 
the State in which the provider is located with respect to 
the receipt of payment under this section. 
(d) PAYMENT DEADLINE.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall make a pay-
ment for a treatment pursuant to subsection (a) not later 
than 30 days after a member of the Armed Forces or vet-
eran (or health care provider on behalf of such member 
or veteran) submits to the Secretary documentation re-
garding the treatment. The Secretary of Defense and the 
Secretary of Veterans Affairs shall ensure that the docu-
mentation required under this subsection may not be an 
undue burden on the member of the Armed Forces or vet-
eran or on the health care provider. 
(e) PAYMENT AUTHORITY.— 
(1) DEPARTMENT
OF
DEFENSE.—The Sec-
retary of Defense shall make payments under this 
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section for treatments received by members of the 
Armed Forces using the authority in subsection 
(c)(1) of section 1074 of title 10, United States 
Code. 
(2) DEPARTMENT
OF
VETERANS
AFFAIRS.— 
The Secretary of Veterans Affairs shall make pay-
ments under this section for treatments received by 
veterans using the authority in section 1728 of title 
38, United States Code. 
(f) PAYMENT AMOUNT.—A payment under this sec-
tion shall be made at the equivalent Centers for Medicare 
and Medicaid Services reimbursement rate in effect for ap-
propriate treatment codes for the State or territory in 
which the treatment is received. If no such rate is in effect, 
payment shall be made at a fair market rate, as deter-
mined by the Secretary of Defense, in consultation with 
the Secretary of Health and Human Services, with respect 
to a patient who is a member of the Armed Forces or 
the Secretary of Veterans Affairs with respect to a patient 
who is a veteran. 
(g) DATA COLLECTION AND AVAILABILITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly 
develop and maintain a database containing data 
from each patient case involving the use of a treat-
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ment under this section. The Secretaries shall en-
sure that the database preserves confidentiality and 
be made available only— 
(A) for third-party payer examination; 
(B) to the appropriate congressional com-
mittees and employees of the Department of 
Defense, the Department of Veterans Affairs, 
the Department of Health and Human Services, 
and appropriate State agencies; and 
(C) to the primary investigator of the insti-
tutional review board that approved the treat-
ment, in the case of data relating to a patient 
case involving the use of such treatment. 
(2) ENROLLMENT IN INSTITUTIONAL REVIEW 
BOARD STUDY.—In the case of a patient enrolled in 
a registered institutional review board study, results 
may be publically distributable in accordance with 
the regulations prescribed pursuant to the Health 
Insurance Portability and Accountability Act of 
1996 (Public Law 104–191) and other regulations 
and practices in effect as of the date of the enact-
ment of this Act. 
(3) 
QUALIFIED
INSTITUTIONAL
REVIEW 
BOARDS.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall each ensure that the 
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Internet Web site of their respective departments in-
cludes a list of all civilian institutional review board 
studies that have received a payment under this sec-
tion. 
(h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT-
MENT.— 
(1) ASSIGNMENT TO TEMPORARY DUTY.—The 
Secretary of a military department may assign a 
member of the Armed Forces under the jurisdiction 
of the Secretary to temporary duty or allow the 
member a permissive temporary duty in order to 
permit the member to receive treatment for trau-
matic brain injury or post-traumatic stress disorder, 
for which payments shall be made under subsection 
(a), at a location beyond reasonable commuting dis-
tance of the member’s permanent duty station. 
(2) PAYMENT OF PER DIEM.—A member who is 
away from the member’s permanent station may be 
paid a per diem in lieu of subsistence in an amount 
not more than the amount to which the member 
would be entitled if the member were performing 
travel in connection with a temporary duty assign-
ment. 
(3) GIFT RULE WAIVER.—Notwithstanding any 
rule of any department or agency with respect to 
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ethics or the receipt of gifts, any assistance provided 
to a member of the Armed Forces with a service- 
connected injury or disability for travel, meals, or 
entertainment incidental to receiving treatment 
under this section, or for the provision of such treat-
ment, shall not be subject to or covered by any such 
rule. 
(i) RETALIATION PROHIBITED.—No retaliation may 
be made against any member of the Armed Forces or vet-
eran who receives treatment as part of registered institu-
tional review board study carried out by a civilian health 
care practitioner. 
(j) TREATMENT OF UNIVERSITY AND NATIONALLY 
ACCREDITED
INSTITUTIONAL
REVIEW
BOARDS.—For 
purposes of this section, a university-affiliated or nation-
ally accredited institutional review board shall be treated 
in the same manner as a Government institutional review 
board. 
(k) MEMORANDA OF UNDERSTANDING.—The Sec-
retary of Defense and the Secretary of Veterans Affairs 
shall seek to expeditiously enter into memoranda of under-
standings with civilian institutional review boards de-
scribed in subsection (j) for the purpose of providing for 
members of the Armed Forces and veterans to receive 
treatment carried out by civilian health care practitioners 
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under a treatment approved by and under the oversight 
of civilian institutional review boards that would qualify 
for payment under this section. 
(l) OUTREACH REQUIRED.— 
(1) OUTREACH TO VETERANS.—The Secretary 
of Veterans Affairs shall notify each veteran with a 
service-connected injury or disability of the oppor-
tunity to receive treatment pursuant to this section. 
(2) OUTREACH TO MEMBERS OF THE ARMED 
FORCES.—The Secretary of Defense shall notify 
each member of the Armed Forces with a service- 
connected injury or disability of the opportunity to 
receive treatment pursuant to this section. 
(m) REPORT TO CONGRESS.—Not later than 30 days 
after the last day of each fiscal year during which the Sec-
retary of Defense and the Secretary of Veterans Affairs 
are authorized to make payments under this section, the 
Secretaries shall jointly submit to Congress an annual re-
port on the implementation of this section. Such report 
shall include each of the following for that fiscal year: 
(1) The number of individuals for whom the 
Secretary has provided payments under this section. 
(2) The condition for which each such indi-
vidual receives treatment for which payment is pro-
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vided under this section and the success rate of each 
such treatment. 
(3) Treatment methods that are used by enti-
ties receiving payment provided under this section 
and the respective rate of success of each such meth-
od. 
(4) The recommendations of the Secretaries 
with respect to the integration of treatment methods 
for which payment is provided under this section 
into facilities of the Department of Defense and De-
partment of Veterans Affairs. 
(n) TERMINATION.—The authority to make a pay-
ment under this section shall terminate on the date that 
is five years after the date of the enactment of this Act. 
(o) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year during which the Sec-
retary of Veterans Affairs and the Secretary of Defense 
are authorized to make payments under this section. 
(p) FUNDING INCREASE AND OFFSETTING REDUC-
TION.— 
(1) 
IN
GENERAL.—Notwithstanding 
the 
amounts set forth in the funding tables in division 
D, to carry out this section during fiscal year 
2012— 
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(A) the amount authorized to be appro-
priated in section 1406 for the Defense Health 
Program, as specified in the corresponding 
funding table in division D, is hereby increased 
by $10,000,000, with the amount of the in-
crease allocated to the Defense Health Pro-
gram, as set forth in the table under section 
4501, to carry out this section; and 
(B) the amount authorized to be appro-
priated in section 101 for other procurement, 
Army, as specified in the corresponding funding 
table in division D, is hereby reduced by 
$10,000,000, with the amount of the reduction 
to be derived from Joint Tactical Radio System, 
ground-mobile radio program under Line 039 
Joint Tactical Radio System as set forth in the 
table under section 4101. 
(2) MERIT-BASED
OR
COMPETITIVE
DECI-
SIONS.—A decision to commit, obligate, or expend 
funds referred to in paragraph (1)(A) with or to a 
specific entity shall— 
(A) be based on merit-based selection pro-
cedures in accordance with the requirements of 
sections 2304(k) and 2374 of title 10, United 
States Code, or on competitive procedures; and 
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(B) comply with other applicable provisions 
of law. 
SEC. 732. REPORT ON ESTABLISHMENT OF REGISTRY ON 
OCCUPATIONAL 
AND 
ENVIRONMENTAL 
CHEMICAL HAZARDS. 
(a) REPORT REQUIRED.—Not later than March 31, 
2012, the Secretary of Defense shall submit to the con-
gressional defense committees a report on establishing an 
active registry for each incidence of a member of the 
Armed Forces being exposed to occupational and environ-
mental chemical hazards, including waste disposal, during 
contingency operations in order to monitor possible health 
risks and to provide necessary treatment to such members. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include a discussion of each of the fol-
lowing: 
(1) Processes in which members of the Armed 
Forces may be included in the registry described in 
subsection (a). 
(2) Procedures to ensure that members eligible 
to be included in the registry are provided appro-
priate medical examinations. 
(3) Using existing medical surveillance systems 
to establish the registry. 
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SEC. 733. PROVISION OF REHABILITATIVE EQUIPMENT 
UNDER WOUNDED WARRIOR ACT. 
Section 1631 of the Wounded Warrior Act (title XVI 
of Public Law 110–181; 10 U.S.C. 1071 note) is amended 
by adding at the end the following: 
‘‘(c) REHABILITATIVE EQUIPMENT FOR MEMBERS 
OF THE ARMED FORCES.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations for such purpose, the Secretary of 
Defense may provide an active duty member of the 
Armed Forces with a severe injury or illness with re-
habilitative equipment, including recreational sports 
equipment that provide an adaption or accommoda-
tion for the member, regardless of whether such 
equipment is intentionally designed to be adaptive 
equipment. 
‘‘(2) CONSULTATION.—In carrying out this sub-
section, the Secretary of Defense shall consult with 
the Secretary of Veterans Affairs regarding similar 
programs carried out by the Secretary of Veterans 
Affairs.’’. 
SEC. 734. SENSE OF CONGRESS ON POST-TRAUMATIC 
STRESS DISORDER. 
It is the sense of Congress that— 
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(1) post-traumatic stress disorder is an increas-
ingly common disease suffered by returning mem-
bers of the Armed Forces; and 
(2) access to treatment for members with post- 
traumatic stress disorder should be expanded to in-
clude local and community medical facilities. 
SEC. 735. REPORT ON RESEARCH AND TREATMENT OF 
POST-TRAUMATIC STRESS DISORDER. 
(a) FINDINGS.—Congress finds the following: 
(1) The high-incidence rate of neurological 
trauma in members of the Armed Forces needs to 
be addressed. 
(2) Critical research using neuroimaging that is 
concentrated on post-traumatic stress disorder offers 
great hope in identifying conditions allowing for a 
separate and distinct classification of post-traumatic 
stress disorder. 
(3) The Telemedicine and Advanced Technology 
Research Center within the Army Medical Research 
and Materiel Command has engaged the National 
Resources for Neuroscience and Neuroimaging to 
develop collaborative and inter-agency research link-
ing the Department of Defense and the Department 
of Veterans Affairs with appropriate and established 
university-affiliated partnerships. 
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(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port assessing the benefits of neuroimaging research in an 
effort to identify and increase the diagnostic properties of 
post-traumatic stress disorder. 
SEC. 736. STUDY ON BREAST CANCER AMONG MEMBERS OF 
THE ARMED FORCES AND VETERANS. 
(a) STUDY.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly conduct a study 
on the incidence of breast cancer among members of the 
Armed Forces (including members of the National Guard 
and reserve components) and veterans. Such study shall 
include the following: 
(1) A determination of the number of members 
and veterans diagnosed with breast cancer. 
(2) A determination of demographic informa-
tion regarding such members and veterans, includ-
ing— 
(A) race; 
(B) ethnicity; 
(C) sex; 
(D) age; 
(E) possible exposure to hazardous ele-
ments or chemical or biological agents (includ-
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ing any vaccines) and where such exposure oc-
curred; 
(F) the locations of duty stations that such 
member or veteran was assigned; 
(G) the locations in which such member or 
veteran was deployed; and 
(H) the geographic area of residence prior 
to deployment. 
(3) An analysis of breast cancer treatments re-
ceived by such members and veterans. 
(4) Other information the Secretaries consider 
necessary. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly submit 
to Congress a report containing the results of the study 
required under subsection (a). 
(c) FUNDING INCREASE AND OFFSETTING REDUC-
TION.—Notwithstanding the amounts set forth in the 
funding tables in division D— 
(1) the amount authorized to be appropriated in 
section 1406 for the Defense Health Program, as 
specified in the corresponding funding table in divi-
sion D, is hereby increased by $10,000,000, with the 
amount of the increase allocated to the Defense 
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Health Program, as set forth in the table under sec-
tion 4501, to carry out this section; 
(2) the amount authorized to be appropriated in 
section 101 for other procurement, Navy, as speci-
fied in the corresponding funding table in division D, 
is hereby reduced by $8,800,000, with the amount 
of the reduction to be derived from Joint Tactical 
Radio System Maritime-Fixed radios under Line 
075 Shipboard Tactical Communications as set forth 
in the table under section 4101; and 
(3) the amount authorized to be appropriated in 
section 101 for other procurement, Air Force, as 
specified in the corresponding funding table in divi-
sion D, is hereby reduced by $1,200,000, with the 
amount of the reduction to be derived from Joint 
Tactical Radio System Maritime-Fixed radios under 
Line 
049 
Tactical 
Communications-Electronic 
Equipment as set forth in the table under section 
4101. 
SEC. 737. TRANSFER OF DEFENSE CENTERS OF EXCEL-
LENCE FOR PSYCHOLOGICAL HEALTH AND 
TRAUMATIC BRAIN INJURY. 
(a) IN GENERAL.—The Secretary of Defense shall 
develop a plan to transfer the Defense Centers of Excel-
lence for Psychological Health and Traumatic Brain In-
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jury from the TRICARE Management Activity to a mili-
tary department, as determined by the Secretary. 
(b) NOTIFICATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
notify the congressional defense committees of the plan 
under subsection (a), including the military department 
determined by the Secretary. 
SEC. 738. REPORT ON MEMORANDUM REGARDING TRAU-
MATIC BRAIN INJURIES. 
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 how 
the Secretary will identify, refer, and treat traumatic brain 
injuries with respect to members of the Armed Forces who 
served in Operation Enduring Freedom or Operation Iraqi 
Freedom before the date in June, 2010, on which the 
memorandum regarding using a 50-meter distance from 
an explosion as a criterion to properly identify, refer, and 
treat members for potential traumatic brain injury took 
effect. 
SEC. 739. FREQUENCY OF REPORTS ON CONTINUED VIABIL-
ITY OF TRICARE STANDARD AND TRICARE 
EXTRA. 
Section 711(b)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 10 
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U.S.C. 1073 note) is amended in the matter preceding 
subparagraph (A) by striking ‘‘bi-annual’’ and inserting 
‘‘biennial’’. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. REQUIREMENTS RELATING TO CORE LOGISTICS 
CAPABILITIES FOR MILESTONE A AND MILE-
STONE B AND ELIMINATION OF REFERENCES 
TO KEY DECISION POINTS A AND B. 
(a) ADDITIONAL MILESTONE A REQUIREMENTS.— 
(1) ADDITIONAL ITEMS OF CERTIFICATION.— 
Subsection (a) of section 2366a of title 10, United 
States Code, is amended— 
(A) in paragraph (2), by striking ‘‘core 
competency’’ and inserting ‘‘function’’; 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (7), respectively; 
(C) by inserting after paragraph (3) the 
following new paragraph (4): 
‘‘(4) that relevant sustainment criteria and al-
ternatives were evaluated and addressed in the ini-
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tial capabilities document in sufficient depth to sup-
port an analysis of alternatives and to establish the 
foundation for developing key performance param-
eters for sustainment of the program throughout its 
projected life cycle;’’; 
(D) by striking ‘‘and’’ at the end of para-
graph (5) (as so redesignated); 
(E) by inserting after paragraph (5) (as so 
redesignated) the following new paragraph (6): 
‘‘(6) that a preliminary assessment of the core 
logistics capabilities necessary to maintain and re-
pair the program has been performed; and’’; and 
(F) in paragraph (7) (as so redesignated), 
by striking ‘‘develop and procure’’ and inserting 
‘‘develop, procure, and sustain’’. 
(2) DEFINITION.—Subsection (c) of such sec-
tion is amended by adding at the end the following 
new paragraphs: 
‘‘(7) The term ‘core logistics capabilities’ means 
the core logistics capabilities identified under section 
2464(a) of this title.’’. 
(b) ADDITIONAL MILESTONE B REQUIREMENTS.— 
(1) ADDITIONAL
ITEM
OF
CERTIFICATION.— 
Subsection (a)(3) of section 2366b of title 10, 
United States Code, is amended— 
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(A) by redesignating subparagraph (E) as 
subparagraph (G); 
(B) by striking ‘‘and’’ at the end of sub-
paragraph (D); and 
(C) by inserting after subparagraph (D) 
the following new subparagraphs: 
‘‘(E) life-cycle sustainment planning has 
identified and evaluated relevant sustainment 
costs throughout development, production, oper-
ation, sustainment, and disposal of the pro-
gram, and any alternatives, and that such costs 
are reasonable and have been accurately esti-
mated; 
‘‘(F) the requirements for core logistics ca-
pabilities and associated sustaining workload 
for the program have been identified; and’’. 
(2) DEFINITION.—Subsection (g) of such sec-
tion is amended by striking paragraph (5) (relating 
to Key Decision Point B) and inserting the following 
new paragraph (5): 
‘‘(5) The term ‘core logistics capabilities’ means 
the core logistics capabilities identified under section 
2464(a) of this title.’’. 
(c) GUIDANCE.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
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shall issue guidance implementing the amendments made 
by subsections (a) and (b) in a manner that is consistent 
across the Department of Defense. 
(d) ELIMINATION OF REFERENCES TO KEY DECI-
SION POINTS A AND B.— 
(1) AMENDMENTS TO SECTION 2366A.—Section 
2366a of title 10, United States Code, is amended— 
(A) in the section heading, by striking ‘‘or 
Key Decision Point’’; 
(B) in subsection (a), in the matter pre-
ceding paragraph (1), by striking ‘‘, or Key De-
cision Point A approval in the case of a space 
program,’’ and by striking ‘‘, or Key Decision 
Point B approval in the case of a space pro-
gram,’’; and 
(C) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘(or 
Key Decision Point A approval in the case 
of a space program)’’; and 
(ii) in paragraph (2)(C)(ii), by strik-
ing ‘‘, or Key Decision Point A approval in 
the case of a space program,’’. 
(2) AMENDMENTS TO SECTION 2366B.—Section 
2366b of such title is amended— 
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(A) in the section heading, by striking ‘‘or 
Key Decision Point B’’; 
(B) in subsection (a), in the matter pre-
ceding paragraph (1), by striking ‘‘, or Key De-
cision Point B approval in the case of a space 
program,’’; and 
(C) in subsections (b)(2) and (d)(1), by 
striking ‘‘(or Key Decision Point B approval in 
the case of a space program)’’ each place it ap-
pears. 
(3) AMENDMENTS TO TABLE OF SECTIONS.— 
The items relating to sections 2366a and 2366b in 
the table of sections at the beginning of chapter 139 
of such title are amended to read as follows: 
‘‘2366a. Major defense acquisition programs: certification required before Mile-
stone A approval. 
‘‘2366b. Major defense acquisition programs: certification required before Mile-
stone B approval.’’. 
(4) ADDITIONAL CONFORMING AMENDMENTS.— 
Section 2433a(c)(1) of such title is amended by 
striking ‘‘, or Key Decision Point approval in the 
case of a space program,’’ each place it appears in 
subparagraphs (B) and (C). 
SEC. 802. REVISION TO LAW RELATING TO DISCLOSURES 
TO LITIGATION SUPPORT CONTRACTORS. 
(a) IN GENERAL.— 
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(1) REVISED
AUTHORITY
TO
COVER
DISCLO-
SURES UNDER LITIGATION SUPPORT CONTRACTS.— 
Chapter 3 of title 10, United States Code, is amend-
ed by inserting after section 129c the following new 
section: 
‘‘§ 129d. Disclosure to litigation support contractors 
‘‘(a) DISCLOSURE AUTHORITY.—An officer or em-
ployee of the Department of Defense may disclose sen-
sitive information to a litigation support contractor if— 
‘‘(1) the disclosure is for the sole purpose of 
providing litigation support to the Government in 
the form of administrative, technical, or professional 
services during or in anticipation of litigation; and 
‘‘(2) under a contract with the Government, the 
litigation support contractor agrees to and acknowl-
edges— 
‘‘(A) that sensitive information furnished 
will be accessed and used only for the purposes 
stated in the relevant contract; 
‘‘(B) that the contractor will take all pre-
cautions necessary to prevent disclosure of the 
sensitive information provided to the contractor; 
‘‘(C) that such sensitive information pro-
vided to the contractor under the authority of 
this section shall not be used by the contractor 
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to compete against a third party for Govern-
ment or non-Government contracts; and 
‘‘(D) that the violation of subparagraph 
(A), (B), or (C) is a basis for the Government 
to terminate the litigation support contract of 
the contractor. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘litigation support contractor’ 
means a contractor (including an expert or technical 
consultant) under contract with the Department of 
Defense to provide litigation support. 
‘‘(2) The term ‘sensitive information’ means 
confidential commercial, financial, or proprietary in-
formation, technical data, or other privileged infor-
mation.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 129c 
the following new item: 
‘‘129d. Disclosure to litigation support contractors.’’. 
(b) REPEAL OF SUPERSEDED PROVISIONS ENACTED 
IN PUBLIC LAW 111–383.—Section 2320 of such title is 
amended— 
(1) in subsection (c)(2)— 
(A) by striking ‘‘subsection (a)’’ and all 
that follows through ‘‘a covered Government’’ 
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and inserting ‘‘subsection (a), allowing a cov-
ered Government’’; and 
(B) by striking subparagraph (B); and 
(2) by striking subsection (g). 
SEC. 803. EXTENSION OF APPLICABILITY OF THE SENIOR 
EXECUTIVE 
BENCHMARK 
COMPENSATION 
AMOUNT FOR PURPOSES OF ALLOWABLE 
COST LIMITATIONS UNDER DEFENSE CON-
TRACTS. 
(a) CERTAIN
COMPENSATION
NOT
ALLOWABLE 
UNDER DEFENSE CONTRACTS.—Subsection (e)(1)(P) of 
section 2324 of title 10, United States Code, is amended 
by striking ‘‘senior executives of contractors’’ and insert-
ing ‘‘any individual performing under the covered con-
tract’’. 
(b) CONFORMING AMENDMENT.—Subsection (l) of 
such section is amended by striking paragraph (5). 
(c) EFFECTIVE DATE.—The amendments made by 
this section— 
(1) shall be implemented in the Federal Acqui-
sition Regulation within 180 days after the date of 
the enactment of this Act; and 
(2) shall apply with respect to costs of com-
pensation incurred after January 1, 2012, under 
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contracts entered into before, on, or after the date 
of the enactment of this Act. 
SEC. 804. SUPPLIER RISK MANAGEMENT. 
(a) SUPPLIER RISK MANAGEMENT.—In order to re-
duce waste, fraud, and abuse and ensure that the Depart-
ment of Defense awards contracts to responsible suppliers, 
the Secretary of Defense shall manage supplier risk in ac-
cordance with this section and with the requirements of 
section 8(b)(7) of the Small Business Act (15 U.S.C. 
637(b)(7)). 
(b) EVALUATION
OF
SUPPLIER
RISK
BEFORE 
AWARD OF CONTRACT.—The Secretary shall direct con-
tracting personnel to use a business credit reporting bu-
reau (or such other objective source of business informa-
tion as the Secretary considers appropriate) to evaluate 
supplier risk on all contract actions. 
(c) IDENTIFICATION AND TRACKING OF SUPPLIERS 
AFTER AWARD OF CONTRACT.—The Secretary shall en-
sure that existing suppliers, including subcontractors and 
sources of supply, are identified and tracked. In imple-
menting this subsection, the Secretary shall use an auto-
mated commercial-off-the-shelf product to identify sup-
pliers by location and to monitor suppliers for events that 
may affect supplier performance, including debarments 
and suspensions, mergers and acquisitions, bankruptcy fil-
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ings, criminal proceedings against a person or company, 
financial changes, or deterioration of a company. 
SEC. 805. EXTENSION OF AVAILABILITY OF FUNDS IN THE 
DEFENSE ACQUISITION WORKFORCE DEVEL-
OPMENT FUND. 
(a) 
AVAILABILITY.—Paragraph 
(6) 
of 
section 
1705(e) of title 10, United States Code, is amended to 
read as follows: 
‘‘(6) DURATION
OF
AVAILABILITY.—Amounts 
credited to the Fund in accordance with subsection 
(d)(2), transferred to the Fund pursuant to sub-
section (d)(3), appropriated to the Fund, or depos-
ited to the Fund shall remain available for obligation 
in the fiscal year for which credited, transferred, ap-
propriated, or deposited and the two succeeding fis-
cal years.’’. 
(b) EFFECTIVE DATE.—Paragraph (6) of such sec-
tion, as amended by subsection (a), shall not apply to 
funds directly appropriated to the Fund before the date 
of the enactment of this Act. 
SEC. 806. DEFENSE CONTRACT AUDIT AGENCY ANNUAL RE-
PORT. 
(a) DEFENSE CONTRACT AUDIT AGENCY ANNUAL 
REPORT.—Chapter 137 of title 10, United States Code, 
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is amended by inserting after section 2313 the following 
new section: 
‘‘§ 2313a. Defense Contract Audit Agency: annual re-
port 
‘‘(a) REQUIRED REPORT.—The Director of the De-
fense Contract Audit Agency shall prepare an annual re-
port of the activities of the Agency during the previous 
fiscal year. The report shall include, at a minimum— 
‘‘(1) a description of significant problems, 
abuses, and deficiencies found during the conduct of 
contractor audits; 
‘‘(2) a description of the recommendations for 
corrective action made during the reporting period 
with respect to significant problems, abuses, or defi-
ciencies identified pursuant to paragraph (1); 
‘‘(3) a summary of each particularly significant 
audit; 
‘‘(4) statistical tables showing— 
‘‘(A) the total number of audit reports 
completed and pending; 
‘‘(B) the priority given to each type of 
audit; 
‘‘(C) the length of time taken for each type 
of audit; and 
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‘‘(D) the total dollar value of questioned 
costs (including a separate category for the dol-
lar value of unsupported costs); 
‘‘(5) a summary of the pending audits, along 
with a rationale for why each pending audit is not 
yet completed; and 
‘‘(6) a summary of any recommendations of ac-
tions or resources needed to improve the audit proc-
ess. 
‘‘(b) SUBMISSION OF ANNUAL REPORT.—Not later 
than March 30 of each year, the Director shall submit to 
the congressional defense committees the report required 
by subsection (a). 
‘‘(c) PUBLIC AVAILABILITY.—Not later than 60 days 
after the submission of an annual report to the congres-
sional defense committees under subsection (b), the Direc-
tor shall make the report available on the publicly avail-
able website of the Agency or such other publicly available 
website as the Director considers appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2313 the following new 
item: 
‘‘2313a. Defense Contract Audit Agency: annual report.’’. 
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Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. CALCULATION OF TIME PERIOD RELATING TO RE-
PORT ON CRITICAL CHANGES IN MAJOR 
AUTOMATED INFORMATION SYSTEMS. 
Section 2445c(d)(2)(A) of title 10, United States 
Code, is amended by inserting before the semicolon at the 
end the following: ‘‘after contract award (excluding any 
time during which the contract award is subject to a bid 
protest)’’. 
SEC. 812. CHANGE IN DEADLINE FOR SUBMISSION OF SE-
LECTED ACQUISITION REPORTS FROM 60 TO 
45 DAYS. 
Section 2432(f) of title 10, United States Code, is 
amended by striking ‘‘60’’ and inserting ‘‘45’’. 
SEC. 813. EXTENSION OF SUNSET DATE FOR CERTAIN PRO-
TESTS OF TASK AND DELIVER ORDER CON-
TRACTS. 
Paragraph (3) of section 4106(f) of title 41, United 
States Code, is amended to read as follows: 
‘‘(3) EFFECTIVE
PERIOD.—Paragraph (1)(B) 
and paragraph (2) of this subsection shall not be in 
effect after September 30, 2016.’’. 
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SEC. 814. CLARIFICATION OF DEPARTMENT OF DEFENSE 
AUTHORITY 
TO 
PURCHASE 
RIGHT-HAND 
DRIVE PASSENGER SEDANS. 
Section 2253(a)(2) of title 10, United States Code, 
is amended by striking ‘‘vehicles’’ and inserting ‘‘pas-
senger sedans’’. 
SEC. 815. AMENDMENT RELATING TO BUYING TENTS, TAR-
PAULINS, 
OR 
COVERS 
FROM 
AMERICAN 
SOURCES. 
Section 2533a(b)(1)(C) of title 10, United States 
Code, is amended by inserting ‘‘(and the materials and 
components thereof)’’ after ‘‘tents, tarpaulins, or covers’’. 
SEC. 816. PARA-ARAMID FIBERS AND YARNS. 
(a) REPEAL OF FOREIGN SUPPLIER EXEMPTION.— 
Section 807 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105– 
261; 112 Stat. 2084) is repealed. 
(b) PROHIBITION ON SPECIFICATION IN SOLICITA-
TIONS.—No solicitation issued by the Department of De-
fense may include a requirement that proposals submitted 
pursuant to such solicitation must include the use of para- 
aramid fibers and yarns. 
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SEC. 817. REPEAL OF SUNSET OF AUTHORITY TO PROCURE 
FIRE RESISTANT RAYON FIBER FROM FOR-
EIGN SOURCES FOR THE PRODUCTION OF 
UNIFORMS. 
Subsection (f) of section 829 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 229; 10 U.S.C. 2533a note) is repealed. 
Subtitle C—Provisions Relating to 
Contracts in Support of Contin-
gency Operations in Iraq or Af-
ghanistan 
SEC. 821. RESTRICTIONS ON AWARDING CONTRACTS IN 
SUPPORT OF CONTINGENCY OPERATIONS IN 
IRAQ OR AFGHANISTAN TO ADVERSE ENTI-
TIES. 
(a) PROHIBITION ON CONTRACTS WITH ADVERSE 
ENTITIES.—Effective on the date occurring 60 days after 
the date of the enactment of this Act, the Secretary of 
Defense may not award a contract in support of a contin-
gency operation in Iraq or Afghanistan to an adverse enti-
ty. 
(b) VOIDING CONTRACTS WITH ADVERSE ENTI-
TIES.—With respect to any contract in effect before, on, 
or after the effective date of the prohibition in subsection 
(a), if the Secretary of Defense determines under sub-
section (c) that the contract, or any subcontract under the 
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contract, is being performed by an adverse entity, the Sec-
retary may, in accordance with applicable law— 
(1) void the contract; or 
(2) require the prime contractor to void any 
such subcontract. 
(c) DETERMINATION OF ADVERSE ENTITY.— 
(1) IN GENERAL.—For purposes of this section, 
an adverse entity is any foreign entity or foreign in-
dividual that the Secretary of Defense, acting 
through the Commander of the United States Cen-
tral Command, determines, based on credible evi-
dence— 
(A) is directly engaged in hostilities or is 
substantially supporting forces that are engaged 
in hostilities against the United States or its co-
alition partners in a contingency operation in 
Iraq or Afghanistan; and 
(B) is performing on a contract awarded, 
or task or delivery order issued, by or on behalf 
of the Department of Defense as a contractor, 
a subcontractor, or an employee of a contractor 
or subcontractor. 
(2) NOTIFICATION.—Upon a determination by 
the Commander that an individual or entity is an 
adverse entity, the Commander shall notify in writ-
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ing the head of the contracting activity responsible 
for the contingency operation concerned. 
(3) REVIEW.—Not later than 15 days after re-
ceipt of a notification under paragraph (2), the head 
of the contracting activity shall— 
(A) review the contracts concerned, and 
any subcontracts under such contracts, awarded 
under the authority of the head of the con-
tracting activity to verify whether the adverse 
entity is currently performing under any such 
contract or subcontract; and 
(B) notify the Commander in writing of 
any contracts or subcontracts that the head 
verifies are being performed by the adverse en-
tity. 
(d) GUIDANCE.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall issue guidance to implement this section. The guid-
ance shall include, at a minimum, the following: 
(1) A requirement for each contract awarded in 
support of a contingency operation in Iraq or Af-
ghanistan awarded after the date of the enactment 
of this Act to include a clause pertaining to the au-
thority provided under subsection (b). 
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(2) Criteria by which such authority will be ap-
plied, including criteria to ensure compliance with 
applicable laws. 
SEC. 822. AUTHORITY TO USE HIGHER THRESHOLDS FOR 
PROCUREMENTS IN SUPPORT OF CONTIN-
GENCY OPERATIONS. 
With respect to a procurement of property or services 
by or for the Department of Defense that the Secretary 
of Defense determines are to be used in support of a con-
tingency operation in Iraq or Afghanistan, regardless of 
whether the award of a contract, or the making of a pur-
chase, for the procurement is inside or outside the United 
States— 
(1) the simplified acquisition threshold is 
deemed to be $1,000,000; and 
(2) the micro-purchase threshold is deemed to 
be $25,000. 
SEC. 823. AUTHORITY TO EXAMINE RECORDS OF FOREIGN 
CONTRACTORS PERFORMING CONTRACTS IN 
SUPPORT OF CONTINGENCY OPERATIONS IN 
IRAQ OR AFGHANISTAN. 
(a) AUTHORITY.—Except as provided in subsection 
(b), the Secretary of Defense may examine the records of 
a foreign contractor performing a contract in support of 
a contingency operation in Iraq or Afghanistan. 
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(b) EXCEPTION.—Subsection (a) does not apply to a 
foreign contractor that is a foreign government or agency 
thereof or that is precluded by applicable laws from mak-
ing its records available for examination. 
(c) GUIDANCE.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall issue guidance to implement this section. 
SEC. 824. DEFINITIONS. 
In this subtitle: 
(1) CONTRACT IN SUPPORT OF A CONTINGENCY 
OPERATION IN IRAQ OR AFGHANISTAN.—The term 
‘‘contract in support of a contingency operation in 
Iraq or Afghanistan’’ means a contract awarded by 
the Secretary of Defense for the procurement of 
property or services to be used outside the United 
States in support of a contingency operation in Iraq 
or Afghanistan. 
(2) 
CONTINGENCY
OPERATION.—The 
term 
‘‘contingency operation’’ has the meaning provided 
by section 101(a)(13) of title 10, United States 
Code. 
(3) RECORDS.—The term ‘‘records’’ has the 
meaning provided by section 2313(l) of title 10, 
United States Code. 
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(4) FOREIGN CONTRACTOR.—The term ‘‘foreign 
contractor’’ means a contractor or subcontractor or-
ganized or existing under the laws of a country other 
than the United States. 
SEC. 825. QUALITY ASSURANCE SURVEILLANCE PLAN FOR 
SECURITY CONTRACTORS OPERATING IN AF-
GHANISTAN AND IN SUPPORT OF OTHER 
CONTINGENCY OPERATIONS. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a plan to be known as a ‘‘Quality Assurance Sur-
veillance Plan’’ setting standards that must be incor-
porated in Department of Defense oversight plans gov-
erning all security contractors operating in Afghanistan, 
and other future contingency operations, under a contract 
or subcontract funded by the Department of Defense. The 
Secretary shall designate a single appropriate official sta-
tioned in the country of operations to review each security 
contract or subcontract involving security contractors 
funded by the Department of Defense for compliance with 
the Quality Assurance Surveillance Plan. Such official 
shall certify that the official has reviewed the oversight 
plan for that contract, that the oversight plan is appro-
priate for that contract, that there is an appropriate num-
ber of appropriately trained personnel available to oversee 
that contract, and confirm that any and all licenses and 
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permits required by the security contractor and its em-
ployees have been reviewed and verified as current and au-
thentic. 
(b) DEADLINE FOR IMPLEMENTATION.—These re-
quirements under subsection (a) shall be implemented by 
not later than six months after the date of enactment of 
this Act. 
(c) COMPTROLLER
GENERAL
ASSESSMENT.—The 
Comptroller General of the United States shall conduct 
an assessment the Department of Defense’s compliance 
with this section and, not later than 6 months after the 
requirements of this section are implemented pursuant to 
subsection (b), shall submit to Congress a report on such 
assessment. 
SEC. 826. COMPETITION AND REVIEW OF CONTRACTS FOR 
PROPERTY OR SERVICES IN SUPPORT OF A 
CONTINGENCY OPERATION. 
(a) CONTRACTING GOALS.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall— 
(1) establish goals for competition in contracts 
awarded by the Secretary of Defense for the pro-
curement of property or services to be used outside 
the United States in support of a contingency oper-
ation; and 
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(2) shall develop processes by which to measure 
and monitor such competition, including in task- 
order categories for services, construction, and sup-
plies. 
(b) ANNUAL REVIEW OF CERTAIN CONTRACTS.— 
(1) REVIEW REQUIRED.—For each year the Lo-
gistics Civil Augmentation Program contract, or 
other similar omnibus contract awarded by the Sec-
retary of Defense for the procurement of property or 
services to be used outside the United States in sup-
port of a contingency operation, is in force, the Sec-
retary shall require a competition advocate of the 
Department of Defense to conduct an annual review 
of each such contract. 
(2) COMPETITIVE AWARDS.—Based on the find-
ings of a review conducted under paragraph (1), the 
Secretary shall identify subcontracts that may rea-
sonably be treated as prime contract for purpose of 
a competition and take such steps as may be nec-
essary to establish a competitive award basis for 
such a contract in a timely manner. 
(c) ANNUAL REPORT ON CONTRACTING IN IRAQ AND 
AFGHANISTAN.— Section 863(a)(2) of the National De-
fense Authorization Act for Fiscal Year 2008 (110–181; 
10 U.S.C. 2302 note) is amended— 
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(1) 
by 
redesignating 
subparagraphs 
(F) 
through (H) as subparagraphs (H) through (J), re-
spectively; and 
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraphs: 
‘‘(F) Percentage of contracts awarded on a 
competitive basis as compared to established 
goals for competition in contingency contracting 
actions. 
‘‘(G) Justification for any non-competi-
tively awarded contingency contracts that are 
not otherwise deemed to be not suitable for 
competition’’. 
Subtitle D—Defense Industrial 
Base Matters 
SEC. 831. ASSESSMENT OF THE DEFENSE INDUSTRIAL BASE 
PILOT PROGRAM. 
(a) REPORT.—Not later than March 1, 2012, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the defense industrial base 
pilot program of the Department of Defense. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include each of the following: 
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(1) A quantitative and qualitative analysis of 
the effectiveness of the defense industrial base pilot 
program. 
(2) An assessment of the legal, policy, or regu-
latory challenges associated with effectively exe-
cuting the pilot program. 
(3) Recommendations for changes to the legal, 
policy, or regulatory framework for the pilot pro-
gram to make it more effective. 
(4) A description of any plans to expand the 
pilot program, including to other sectors beyond the 
defense industrial base. 
(5) An assessment of the potential legal, policy, 
or regulatory challenges associated with expanding 
the pilot program. 
(6) Any other matters the Secretary considers 
appropriate. 
(c) FORM.—The report required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 832. DEPARTMENT OF DEFENSE ASSESSMENT OF IN-
DUSTRIAL BASE FOR POTENTIAL SHORT-
FALLS. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall undertake an assessment of the current and 
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long-term availability within the United States industrial 
base of critical equipment, components, subcomponents, 
and materials needed to support short or prolonged con-
ventional conflicts. In carrying out the assessment, the 
Secretary shall— 
(1) identify items that the Secretary determines 
are critical to military readiness, including key com-
ponents, subcomponents, and materials; 
(2) perform a risk assessment of the supply 
chain for items identified under paragraph (1) and 
an evaluation of the extent to which— 
(A) the supply chain for such items could 
be disrupted by a first strike on the United 
States; and 
(B) the industrial base obtains such items 
from foreign sources; and 
(3) develop mitigation strategies to address any 
gaps and vulnerabilities in the ability of the Depart-
ment to respond to potential contingencies identified 
in operational plans of the combatant commanders if 
the sources that provide items identified under para-
graph (1) should become unavailable. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
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shall submit to Congress a report containing the findings 
of the assessment required under subsection (a). 
(c) GAO REVIEW.—The Comptroller General of the 
United States shall review the assessment required under 
subsection (a) and the report required under subsection 
(b) and submit to Congress a report on such review. The 
review shall include an assessment of— 
(1) the completeness of the report; 
(2) the reasonableness of the methodology used 
to develop the report; 
(3) the conclusions contained in the report; and 
(4) the extent to which the Department has im-
plemented a Department-wide framework to identify 
and address gaps and vulnerabilities in the supply 
chain. 
SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF GOV-
ERNMENT COMPETITION IN THE DEPART-
MENT OF DEFENSE INDUSTRIAL BASE. 
(a) COMPTROLLER
GENERAL
ASSESSMENT
RE-
QUIRED.—The Comptroller General of the United States 
shall carry out an assessment of the effect of Government 
mandated and supported competition in the Department 
of Defense industrial base that includes, at a minimum, 
the following: 
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(1) An examination of the aerospace propulsion 
business volume that the Department generates and 
whether such volume facilitates or supports multiple 
levels of competitors. 
(2) An examination of the factors necessary to 
achieve cost effectiveness in initiating and sup-
porting a competitive industrial base. 
(3) An examination of the actual costs of devel-
oping a second source for previous private sector 
provided materials versus savings provided through 
such competitions. 
(4) The advantages and disadvantages of other 
potential options or methods as well as any short-
falls in the current processes. 
(5) Recommendations for any administrative or 
legislative action that the Comptroller General 
deems appropriate in the context of the assessment. 
(b) REPORT.—Not later than April 1, 2012, the 
Comptroller General shall submit to the Chairmen and 
ranking members of the Committees on Armed Services 
of the Senate and the House of Representatives a report 
on the findings and recommendations, as appropriate, of 
the Comptroller General with respect to the assessment 
conducted. The Comptroller General shall receive com-
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ments from the Secretary of Defense and others, as appro-
priate. 
SEC. 834. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON 
THE DEFENSE INDUSTRIAL BASE. 
(a) IN GENERAL.—Not later than February 1, 2012, 
the Comptroller General of the United States shall submit 
to the appropriate congressional committees a report set-
ting forth an assessment of the impact of foreign boycotts 
on the defense industrial base. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include— 
(1) a summary of foreign boycotts that posed a 
material risk to the defense industrial base from 
January 2008 to the date of enactment of this Act; 
(2) the apparent objectives of each such boy-
cott; 
(3) an assessment of harm to the defense indus-
trial base as a result of each such boycott; 
(4) an assessment of the sufficiency of Depart-
ment of Defense and Department of State efforts to 
mitigate the material risks of any such boycott to 
the defense industrial base; and 
(5) recommendations of the Comptroller Gen-
eral to reduce the material risks of foreign boycotts 
to the defense industrial base, including rec-
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ommendations for changes to legislation, regulation, 
policy, or procedures. 
(c) CONFIDENTIALITY.—The Comptroller General 
shall not publicly disclose the names of any person, organi-
zation, or entity involved in or affected by any foreign boy-
cott identified in the report required under subsection (a) 
without the express written approval of the person, organi-
zation, or entity concerned. 
(d) DEFINITIONS.—In this section: 
(1) FOREIGN
BOYCOTT.—The term ‘‘foreign 
boycott’’ means any policy or practice adopted by a 
foreign government or foreign business enterprise in-
tended to directly penalize, disadvantage, or harm 
any contractor or subcontractor of the Department 
of Defense, or otherwise dissociate the foreign gov-
ernment or foreign business enterprise from such a 
contractor or subcontractor on account of the provi-
sion by that contractor or subcontractor of any prod-
uct or service to the Department. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
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(B) the Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate. 
SEC. 835. RARE EARTH MATERIAL INVENTORY PLAN. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 
of the Defense Logistics Agency Strategic Materials shall 
submit to the Secretary of Defense a plan to establish an 
inventory of rare earth materials necessary to ensure the 
long-term availability of such rare earth materials, as 
identified by the report required by section 843 of the Ike 
Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 4282) and 
as otherwise determined to be necessary. The plan shall— 
(1) identify and describe the steps necessary to 
create an inventory of rare earth materials, includ-
ing oxides, metals, alloys, and magnets, to support 
national defense requirements and ensure reliable 
sources of such materials for defense purposes; 
(2) provide a detailed cost-benefit analysis of 
creating such an inventory in accordance with Office 
of Management and Budget Circular A–94; 
(3) provide an analysis of the potential market 
effects, including effects on the pricing and commer-
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cial availability of such rare earth materials, associ-
ated with creating such an inventory; 
(4) identify and describe the mechanisms avail-
able to the Administrator to make such an inventory 
accessible, including by purchase, to entities requir-
ing such rare earth materials to support national de-
fense requirements, including producers of end items 
containing rare earth materials; 
(5) provide a detailed explanation of the ability 
of the Administrator to authorize the sale of excess 
materials to support a Rare Earth Material Stock-
pile Inventory Program; 
(6) analyze any potential requirements to 
amend or revise the Defense Logistics Agency Stra-
tegic Materials Annual Material Plan for Fiscal Year 
2012 and subsequent years to reflect an inventory of 
rare earth materials to support national defense re-
quirements; 
(7) identify and describe the steps necessary to 
develop or maintain a competitive, multi-source sup-
ply-chain to avoid reliance on a single source of sup-
ply; 
(8) identify and describe supply sources consid-
ered by the Administrator to be reliable, including 
an analysis of the capabilities of such sources to 
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produce such materials in forms required for mili-
tary applications in the next five years, as well as 
the security of upstream supply for these sources of 
material; and 
(9) include such other considerations and rec-
ommendations as necessary to support the establish-
ment of such inventory. 
(b) DETERMINATION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the plan is submitted under sub-
section (a), the Secretary of Defense shall determine 
whether to execute the plan described in subsection 
(a). 
(2) SUBMITTAL.—The Secretary shall submit to 
the congressional defense committees— 
(A) the plan under subsection (a); and 
(B) a notice of the determination under 
paragraph (1). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘rare earth’’ means any of the 
following chemical elements in any of their physical 
forms or chemical combinations and alloys: 
(A) Scandium. 
(B) Yttrium. 
(C) Lanthanum. 
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(D) Cerium. 
(E) Praseodymium. 
(F) Neodymium. 
(G) Promethium. 
(H) Samarium. 
(I) Europium. 
(J) Gadolinium. 
(K) Terbium. 
(L) Dysprosium. 
(M) Holmium. 
(N) Erbium. 
(O) Thulium. 
(P) Ytterbium. 
(Q) Lutetium. 
(2) The term ‘‘capability’’ means the required 
facilities, manpower, technological knowhow, and in-
tellectual property necessary for the efficient and ef-
fective production of rare earth materials. 
Subtitle E—Other Matters 
SEC. 841. MISCELLANEOUS AMENDMENTS TO PUBLIC LAW 
111–383 RELATING TO ACQUISITION. 
(a) AMENDMENTS TO CAPABILITIES COVERED BY 
ACQUISITION PROCESS FOR RAPID FIELDING.—Section 
804(b)(3) of the Ike Skelton National Defense Authoriza-
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tion Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4256; 10 U.S.C. 2302 note) is amended— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking ‘‘; and’’ at the end of subpara-
graph (C) and inserting a period; and 
(3) by striking subparagraph (D). 
(b) AMENDMENTS TO ELEMENTS OF GUIDANCE ON 
MANAGEMENT OF MANUFACTURING RISK IN MAJOR DE-
FENSE ACQUISITION PROGRAMS.—Section 812(b) of such 
Act (Public Law 111–383; 124 Stat. 4264; 10 U.S.C. 
2430) is amended— 
(1) by striking paragraph (1); and 
(2) by redesignating paragraphs (2), (3), (4), 
and (5) as paragraphs (1), (2), (3), and (4), respec-
tively. 
(c) AMENDMENTS TO DEFENSE RESEARCH AND DE-
VELOPMENT
RAPID
INNOVATION
PROGRAM.—Section 
1073 of such Act (Public Law 111–383; 124 Stat. 4366; 
10 U.S.C. 2359a note) is amended— 
(1) in subsection (a), by striking ‘‘shall’’ in the 
first sentence and inserting ‘‘may’’; and 
(2) in subsection (b), by amending the first sen-
tence to read as follows: ‘‘If the Secretary estab-
lishes a program under subsection (a), the Secretary 
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shall issue guidelines for the operation of the pro-
gram.’’. 
SEC. 842. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 
(a) REVISION
TO CONTRACTS DESCRIBED.—Sub-
section (b) of section 846 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4285; 10 U.S.C. 2534 note) is amend-
ed by striking ‘‘For the purposes of this section,’’ and all 
that follows through the end and inserting the following: 
‘‘For the purposes of this section, the Department of De-
fense is deemed to own a photovoltaic device if the device 
is installed on Department of Defense property or in a 
facility owned or leased by or for the Department of De-
fense.’’. 
(b) REVISION
TO DEFINITION
OF PHOTOVOLTAIC 
DEVICES.—Subsection (c) of such section is amended by 
striking ‘‘means’’ and all that follows through the end and 
inserting the following: ‘‘means devices that convert light 
directly into electricity.’’. 
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SEC. 843. CLARIFICATION OF JURISDICTION OF THE 
UNITED STATES DISTRICT COURTS TO HEAR 
BID PROTEST DISPUTES INVOLVING MARI-
TIME CONTRACTS. 
(a) EXCLUSIVE JURISDICTION.—Section 1491(b) of 
title 28, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(6) Jurisdiction over any action described in 
paragraph (1) arising out of a maritime contract, or 
a solicitation for a proposed maritime contract, shall 
be governed by this section and shall not be subject 
to the jurisdiction of the district courts of the 
United States under the Suits in Admiralty Act 
(chapter 309 of title 46) or the Public Vessels Act 
(chapter 311 of title 46).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any cause of action filed on 
or after the first day of the first month beginning more 
than 30 days after the date of the enactment of this Act. 
SEC. 844. EXEMPTION OF DEPARTMENT OF DEFENSE FROM 
ALTERNATIVE 
FUEL 
PROCUREMENT 
RE-
QUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 
amended by adding at the end the following: ‘‘This section 
shall not apply to the Department of Defense.’’. 
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SEC. 845. PREFERENCE FOR POTENTIAL CONTRACTORS 
THAT CARRY OUT CERTAIN ACTIVITIES. 
In evaluating offers submitted in response to a solici-
tation for contracts, the Secretary of Defense shall provide 
a preference to any offeror that— 
(1) enhances undergraduate, graduate, and doc-
toral programs in science, technology, engineering 
and math (in this section referred to as ‘‘STEM’’ 
disciplines); 
(2) makes investments, such as programming 
and curriculum development, in STEM programs 
within elementary and secondary schools; 
(3) encourages employees to volunteer in Title 
I schools in order to enhance STEM education and 
programs; 
(4) makes personnel available to advise and as-
sist faculty at such colleges and universities in the 
performance of STEM research and disciplines crit-
ical to the functions of the Department of Defense; 
(5) establishes partnerships between the offeror 
and historically Black colleges and universities and 
minority institutions for the purpose of training stu-
dents in scientific disciplines; 
(6) awards scholarships and fellowships, and es-
tablishes cooperative work-education programs in 
scientific disciplines; or 
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(7) conducts recruitment activities at histori-
cally black colleges and universities and other minor-
ity-serving institutions or offers internships or ap-
prenticeships. 
SEC. 846. REPORTS ON USE OF INDEMNIFICATION AGREE-
MENTS. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2335. Reports on use of indemnification agree-
ments 
‘‘(a) IN GENERAL.—Beginning October 1, 2011, not 
later than 90 days after the date on which any action de-
scribed in subsection (b)(1) occurs, the Secretary of De-
fense shall submit to the congressional defense committees 
and the Committees on the Budget of the House of Rep-
resentatives and the Senate a report on such action. 
‘‘(b) ACTION DESCRIBED.—(1) An action described 
in this paragraph is the Secretary of Defense— 
‘‘(A) entering into a contract that includes an 
indemnification agreement; or 
‘‘(B) modifying an existing indemnification 
agreement in any contract. 
‘‘(2) Paragraph (1) shall not apply to any contract 
awarded in accordance with— 
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‘‘(A) section 2354 of this title; or 
‘‘(B) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.). 
‘‘(c) MATTERS INCLUDED.—For each contract cov-
ered in a report under subsection (a), the report shall in-
clude— 
‘‘(1) the name of the contractor; 
‘‘(2) the actual cost or estimated potential cost 
involved; 
‘‘(3) a description of the items, property, or 
services for which the contract is awarded; and 
‘‘(4) a justification of the contract including the 
indemnification agreement. 
‘‘(d) NATIONAL SECURITY.—The Secretary may omit 
any information in a report under subsection (a) if the 
Secretary— 
‘‘(1) determines that the disclosure of such in-
formation is not in the national security interests of 
the United States; and 
‘‘(2) includes in the report a justification of the 
determination made under paragraph (1).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2335. Reports on use of indemnification agreements.’’. 
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SEC. 847. PROHIBITION ON DISCLOSURE OF POLITICAL 
CONTRIBUTIONS. 
(a) IN GENERAL.—Chapter 47 of title 41, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 4712. Prohibition on disclosure of political con-
tributions 
‘‘(a) PROHIBITION.—An executive agency may not re-
quire an entity submitting an offer for a Federal contract 
or otherwise participating in acquisition of property or 
services by the Federal Government to disclose any of the 
following information as a condition of submitting the 
offer or otherwise participating in such acquisition: 
‘‘(1) Any payment consisting of a contribution, 
expenditure, independent expenditure, or disburse-
ment for an electioneering communication that is 
made by the entity, its officers or directors, or any 
of its affiliates or subsidiaries to a candidate for 
election for Federal office or to a political com-
mittee, or that is otherwise made with respect to any 
election for Federal office. 
‘‘(2) Any disbursement of funds (other than a 
payment described in paragraph (1)) made by the 
entity, its officers or directors, or any of its affiliates 
or subsidiaries to any individual or entity with the 
intent or the reasonable expectation that the indi-
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vidual or entity will use the funds to make a pay-
ment described in paragraph (1). 
‘‘(b) NO EFFECT ON OTHER DISCLOSURE REQUIRE-
MENTS.—Nothing in this section may be construed to 
waive or otherwise affect the application to an entity de-
scribed in subsection (a) of any provision of law (including 
the Federal Election Campaign Act of 1971) that requires 
the entity to disclose information on contributions, ex-
penditures, independent expenditures, or electioneering 
communications. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) each of the terms ‘contribution’, ‘expendi-
ture’, ‘independent expenditure’, ‘electioneering com-
munication’, ‘candidate’, ‘election’, and ‘Federal of-
fice’ has the meaning given such term in the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431 et 
seq.); and 
‘‘(2) the term ‘acquisition’ has the meaning 
given that term in section 131 of this title.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for chapter 47 of title 41, United 
States Code, is amended by inserting after the item relat-
ing to section 4711 the following new item: 
‘‘4712. Prohibition on disclosure of political contributions.’’. 
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SEC. 848. SENSE OF CONGRESS ON LONG-TERM CON-
TRACTING FOR ALTERNATIVE FUELS. 
It is the sense of Congress that long-term contracting 
for alternative fuels is in the best interests of the Depart-
ment of Defense and is a wise use of taxpayer resources. 
Long-term contracts provide stability for industry, which 
allows them to drive the cost down. Long-term contracts 
also provide some insulation to the Department of Defense 
from fuel price increases. The Department of Defense has 
asked for the authority to enter into long-term contracts 
for alternative fuels, and it is the sense of Congress that 
this is a valuable proposal and should be supported. 
SEC. 849. ACQUISITION WORKFORCE IMPROVEMENTS. 
(a) WORKFORCE IMPROVEMENTS.—Section 1704(b) 
of title 41, United States Code, is amended— 
(1) by inserting after the first sentence the fol-
lowing: ‘‘The Associate Administrator shall be cho-
sen on the basis of demonstrated knowledge and ex-
pertise in acquisition, human capital, and manage-
ment.’’; 
(2) by striking ‘‘The Associate Administrator 
for Acquisition Workforce Programs shall be located 
in the Federal Acquisition Institute (or its suc-
cessor).’’ and inserting ‘‘The Associate Adminis-
trator shall be located in the Office of Federal Pro-
curement Policy.’’; 
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(3) in paragraph (4), by striking ‘‘; and’’ and 
inserting a semicolon; 
(4) by redesignating paragraph (5) as para-
graph (6); and 
(5) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) implementing workforce programs under 
subsections (f) through (k) of section 1703 of this 
title; and’’. 
(b) FEDERAL ACQUISITION INSTITUTE.— 
(1) IN
GENERAL.—Division B of title 41, 
United States Code, is amended by inserting after 
chapter 11 the following new chapter: 
‘‘CHAPTER 12—FEDERAL ACQUISITION 
INSTITUTE 
‘‘Sec. 
‘‘1201. Federal Acquisition Institute. 
‘‘§ 1201. Federal Acquisition Institute 
‘‘(a) IN GENERAL.—There is established a Federal 
Acquisition Institute (FAI) in order to— 
‘‘(1) foster and promote the development of a 
professional acquisition workforce Government-wide; 
‘‘(2) promote and coordinate Government-wide 
research and studies to improve the procurement 
process and the laws, policies, methods, regulations, 
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procedures, and forms relating to acquisition by the 
executive agencies; 
‘‘(3) collect data and analyze acquisition work-
force data from the Office of Personnel Manage-
ment, the heads of executive agencies, and, through 
periodic surveys, from individual employees; 
‘‘(4) periodically analyze acquisition career 
fields to identify critical competencies, duties, tasks, 
and related academic prerequisites, skills, and 
knowledge; 
‘‘(5) coordinate and assist agencies in identi-
fying and recruiting highly qualified candidates for 
acquisition fields; 
‘‘(6) develop instructional materials for acquisi-
tion personnel in coordination with private and pub-
lic acquisition colleges and training facilities; 
‘‘(7) evaluate the effectiveness of training and 
career development programs for acquisition per-
sonnel; 
‘‘(8) promote the establishment and utilization 
of academic programs by colleges and universities in 
acquisition fields; 
‘‘(9) facilitate, to the extent requested by agen-
cies, interagency intern and training programs; and 
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‘‘(10) perform other career management or re-
search functions as directed by the Administrator. 
‘‘(b) BUDGET RESOURCES AND AUTHORITY.— 
‘‘(1) IN GENERAL.—The Director of the Office 
of Management and Budget and the Administrator 
of General Services shall provide the Federal Acqui-
sition Institute with the necessary budget resources 
and authority to support government-wide training 
standards and certification requirements necessary 
to enhance the mobility and career opportunities of 
the Federal acquisition workforce. 
‘‘(2) 
ACQUISITION
WORKFORCE
TRAINING 
FUND.—Subject to the availability of funds, the Ad-
minister of General Services shall provide the Fed-
eral Acquisition Institute with amounts from the ac-
quisition workforce training fund established under 
section 1703(i) of this title sufficient to meet the an-
nual budget for the Federal Acquisition Institute re-
quested by the Administrator for Federal Procure-
ment Policy. 
‘‘(c) FEDERAL ACQUISITION INSTITUTE BOARD OF 
DIRECTORS.— 
‘‘(1) REPORTING
TO
ADMINISTRATOR.—The 
Federal Acquisition Institute shall report through its 
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Board of Directors directly to the Administrator for 
Federal Procurement Policy. 
‘‘(2) COMPOSITION.—The Board shall be com-
posed of not more than 8 individuals from the Fed-
eral Government representing a mix of acquisition 
functional areas, all of whom shall be appointed by 
the Administrator. 
‘‘(3) DUTIES.—The Board shall provide general 
direction to the Federal Acquisition Institute to en-
sure that the Institute— 
‘‘(A) meets its statutory requirements; 
‘‘(B) meets the needs of the Federal acqui-
sition workforce; 
‘‘(C) implements appropriate programs; 
‘‘(D) coordinates with appropriate organi-
zations and groups that have an impact on the 
Federal acquisition workforce; 
‘‘(E) develops and implements plans to 
meet future challenges of the Federal acquisi-
tion workforce; and 
‘‘(F) works closely with the Defense Acqui-
sition University. 
‘‘(4) RECOMMENDATIONS.—The Board shall 
make recommendations to the Administrator regard-
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ing the development and execution of the annual 
budget of the Federal Acquisition Institute. 
‘‘(d) DIRECTOR.—The Director of the Federal Acqui-
sition Institute shall be appointed by, and report directly 
to, the Administrator. 
‘‘(e) ANNUAL REPORT.—The Administrator shall 
submit to the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Appropriations 
of the Senate and the Committee on Oversight and Gov-
ernment Reform and the Committee on Appropriations of 
the House of Representatives an annual report on the pro-
jected budget needs and expense plans of the Federal Ac-
quisition Institute to fulfill its mandate.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1122(a)(5) of such title is amended to read as fol-
lows: 
‘‘(5) providing for and directing the activities of 
the Federal Acquisition Institute established under 
section 1201 of this title, including recommending to 
the Administrator of General Services a sufficient 
budget for such activities.’’. 
(c) GOVERNMENT-WIDE TRAINING STANDARDS AND 
CERTIFICATION.—Section 1703 of title 41, United States 
Code, is amended— 
(1) in subsection (c)(2)— 
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(A) by striking ‘‘The Administrator shall’’ 
and inserting the following: 
‘‘(A) IN
GENERAL.—The Administrator 
shall’’; and 
(B) by adding at the end the following: 
‘‘(B) 
GOVERNMENT-WIDE
TRAINING 
STANDARDS AND CERTIFICATION.—The Admin-
istrator, acting through the Federal Acquisition 
Institute, shall provide and update government- 
wide training standards and certification re-
quirements, including— 
‘‘(i) developing and modifying acquisi-
tion certification programs; 
‘‘(ii) ensuring quality assurance for 
agency implementation of government-wide 
training and certification standards; 
‘‘(iii) analyzing the acquisition train-
ing curriculum to ascertain if all certifi-
cation competencies are covered or if ad-
justments are necessary; 
‘‘(iv) developing career path informa-
tion for certified professionals to encourage 
retention in government positions; 
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‘‘(v) coordinating with the Office of 
Personnel Management for human capital 
efforts; and 
‘‘(vi) managing rotation assignments 
to support opportunities to apply skills in-
cluded in certification.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(l) ACQUISITION INTERNSHIP AND TRAINING PRO-
GRAMS.—All Federal civilian agency acquisition internship 
or acquisition training programs shall follow guidelines 
provided by the Office of Federal Procurement Policy to 
ensure consistent training standards necessary to develop 
uniform core competencies throughout the Federal Gov-
ernment.’’. 
(d) EXPANDED SCOPE OF ACQUISITION WORKFORCE 
TRAINING FUND.—Section 1703(i) of such title is amend-
ed— 
(1) in paragraph (2), by striking ‘‘to support 
the training of the acquisition workforce of the exec-
utive agencies’’ and inserting ‘‘to support the activi-
ties set forth in section 1201(a) of this title’’; and 
(2) in paragraph (6), by striking ‘‘ensure that 
amounts collected for training under this subsection 
are not used for a purpose other than the purpose 
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specified in paragraph (2)’’ and inserting ‘‘ensure 
that amounts collected under this section are not 
used for a purpose other than the activities set forth 
in section 1201(a) of this title’’. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendments made by this section, shall be 
construed to preclude the Secretary of Defense from es-
tablishing acquisition workforce policies, procedures, 
training standards, and certification requirements for ac-
quisition positions in the Department of Defense, as pro-
vided in chapter 87 of title 10, United States Code. 
SEC. 850. ADDITIONAL INFORMATION ON WAIVERS UNDER 
THE BUY AMERICAN ACT BY DEPARTMENT 
OF DEFENSE REQUIRED TO BE INCLUDED IN 
ANNUAL REPORT. 
Section 812 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 
2501 note) is amended in subsection (c)(2)(A) by striking 
clause (vi) and inserting the following: 
‘‘(vi) An itemized list of all waivers 
granted with respect to such articles, mate-
rials, or supplies under chapter 83 of title 
41 (commonly referred to as the Buy 
American Act), including— 
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‘‘(I) an analysis of the domestic 
capacity to supply the articles, mate-
rials, or supplies; and 
‘‘(II) an analysis of the reasons 
for an increase or decrease in the 
number of waivers granted from fiscal 
year to fiscal year.’’. 
SEC. 851. ASSESSMENT OF DEPARTMENT OF DEFENSE CON-
TRACTING ACTIONS AND THE IMPACT ON 
SMALL BUSINESSES. 
(a) ASSESSMENT REQUIRED.—The Inspector General 
of the Department of Defense shall conduct an assessment 
of consolidated contracting actions of the Department of 
Defense relating to base services and construction activi-
ties from October 2009 through October 2011 to ensure 
the Department’s compliance with the provisions of the 
Small Business Jobs Act of 2010 (Public Law 111–240). 
The assessment shall, at a minimum, examine— 
(1) compliance with the Small Business Jobs 
Act of 2010 (Public Law 111–240), the Small Busi-
ness Reauthorization Act of 1997 (Public Law 105– 
135), the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136) and all rel-
evant provisions in the Federal Acquisition Regula-
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tion and the Defense Federal Acquisition Regulation 
Supplement; 
(2) justification for contract consolidation; 
(3) scope of services provided by category, con-
tract award ceiling, and period of performance; 
(4) identification of any shortages in trained ac-
quisition personnel that may have contributed to a 
determination to consolidate contracting actions; 
(5) potential for alternative contracting ap-
proaches that would increase small business partici-
pation; 
(6) any negative impact by such contract con-
solidations on contracting with small business con-
cerns; and 
(7) recommendations to improve or enhance 
Department of Defense policy, guidance, or execu-
tion of contracting actions to ensure compliance with 
the Small Business Jobs Act of 2010. 
(b) BRIEFING.—The Inspector General shall brief the 
congressional defense committees on the findings of the 
assessment required under subsection (a) not later than 
April 1, 2012. 
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SEC. 852. DEPARTMENT OF DEFENSE OPERATIONAL CON-
TRACT SUPPORT PLAN. 
The Secretary of Defense shall develop and imple-
ment a plan to address shortfalls in operational contract 
support requirements determination, management, over-
sight, and administration. The plan shall include each of 
the following: 
(1) The provision of operational contract sup-
port training and information-sharing roadmaps, in-
cluding a description of the roles and responsibilities 
of the Office of the Secretary of Defense, the Joint 
Staff, the military departments, and defense agen-
cies. 
(2) The identification and development of train-
ing venues to incorporate appropriate operational 
contract support training and education for all oper-
ational contract support functions in both acquisi-
tion and non-acquisition roles. 
(3) The integration of operational contract sup-
port into Department of Defense exercises and ex-
periments. 
(4) Updating and aligning Department of De-
fense policy, doctrine, joint capability area defini-
tions, corresponding universal joint task lists, and 
agreements to address shortfalls as discrepancies in 
areas of operational contract support. 
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(5) A method of ensuring that sufficient capac-
ity and capability to conduct operational contract 
support missions is addressed in the total workforce 
plan required by section 129a of title 10, United 
States Code, as amended by this Act. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. REVISION OF DEFENSE BUSINESS SYSTEMS RE-
QUIREMENTS. 
Section 2222 of title 10, United States Code, is 
amended to read as follows: 
‘‘§ 2222. Defense business systems: architecture, ac-
countability, and modernization 
‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR 
DEFENSE BUSINESS SYSTEMS.—Funds available to the 
Department of Defense, whether appropriated or non-ap-
propriated, may not be obligated for a defense business 
system that will have a total cost in excess of $1,000,000 
unless— 
‘‘(1) the appropriate pre-certification authority 
for the defense business system has determined 
that— 
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‘‘(A) the defense business system is in 
compliance with the enterprise architecture de-
veloped under subsection (c) and appropriate 
business process re-engineering efforts have 
been undertaken to ensure that— 
‘‘(i) the business process to be sup-
ported by the defense business system is as 
streamlined and efficient as practicable; 
and 
‘‘(ii) the need to tailor commercial-off- 
the-shelf systems to meet unique require-
ments or incorporate unique requirements 
or incorporate unique interfaces has been 
eliminated or reduced to the maximum ex-
tent practicable; 
‘‘(B) the defense business system is nec-
essary to achieve a critical national security ca-
pability or address a critical requirement in an 
area such as safety or security; or 
‘‘(C) the defense business system is nec-
essary to prevent a significant adverse effect on 
a project that is needed to achieve an essential 
capability, taking into consideration the alter-
native solutions for preventing such adverse ef-
fect; 
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‘‘(2) the defense business system has been re-
viewed and certified by the investment review board 
established under subsection (g); and 
‘‘(3) the certification of the investment review 
board has been approved by the Defense Business 
Systems Management Committee established by sec-
tion 186 of this title. 
‘‘(b) OBLIGATION OF FUNDS IN VIOLATION OF RE-
QUIREMENTS.—The obligation of Department of Defense 
funds for a business system that has not been certified 
and approved in accordance with subsection (a) is a viola-
tion of section 1341(a)(1)(A) of title 31. 
‘‘(c) ENTERPRISE ARCHITECTURE
FOR DEFENSE 
BUSINESS SYSTEMS.—(1) The Secretary of Defense, act-
ing through the Defense Business Systems Management 
Committee, shall develop— 
‘‘(A) an enterprise architecture, known as the 
defense business enterprise architecture, to cover all 
defense business systems, and the functions and ac-
tivities supported by defense business systems, which 
shall be sufficiently defined to effectively guide, con-
strain, and permit implementation of interoperable 
defense business system solutions and consistent 
with the policies and procedures established by the 
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Director of the Office of Management and Budget; 
and 
‘‘(B) a transition plan for implementing the en-
terprise architecture for defense business systems. 
‘‘(2) The Secretary of Defense shall delegate respon-
sibility and accountability for the defense business enter-
prise architecture as follows: 
‘‘(A) The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics shall be respon-
sible and accountable for the content of those por-
tions of the defense business enterprise architecture 
that support acquisition activities, logistics activities, 
or installations and environment activities of the De-
partment of Defense. 
‘‘(B) The Under Secretary of Defense (Comp-
troller) shall be responsible and accountable for the 
content of those portions of the defense business en-
terprise architecture that support financial manage-
ment activities or strategic planning and budgeting 
activities of the Department of Defense. 
‘‘(C) The Under Secretary of Defense for Per-
sonnel and Readiness shall be responsible and ac-
countable for the content of those portions of the de-
fense business enterprise architecture that support 
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human resource management activities of the De-
partment of Defense. 
‘‘(D) The Chief Information Officer of the De-
partment of Defense shall be responsible and ac-
countable for the content of those portions of the de-
fense business enterprise architecture that support 
information technology infrastructure or information 
assurance activities of the Department of Defense. 
‘‘(E) The Deputy Chief Management Officer of 
the Department of Defense shall be responsible and 
accountable for developing and maintaining the de-
fense business enterprise architecture as well as inte-
grating business operations covered by subpara-
graphs (A) through (D). 
‘‘(d) COMPOSITION
OF
ENTERPRISE
ARCHITEC-
TURE.—The defense business enterprise architecture de-
veloped under subsection (c)(1)(A) shall include the fol-
lowing: 
‘‘(1) An information infrastructure that, at a 
minimum, would enable the Department of Defense 
to— 
‘‘(A) comply with applicable law, including 
Federal accounting, financial management, and 
reporting requirements; 
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‘‘(B) routinely produce timely, accurate, 
and reliable business and financial information 
for management purposes; 
‘‘(C) integrate budget, accounting, and 
program information and systems; and 
‘‘(D) provide for the systematic measure-
ment of performance, including the ability to 
produce timely, relevant, and reliable cost infor-
mation. 
‘‘(2) Policies, procedures, data standards, per-
formance measures, and system interface require-
ments that are to apply uniformly throughout the 
Department of Defense. 
‘‘(3) A defense business systems computing en-
vironment integrated into the defense business en-
terprise architecture for the major business proc-
esses conducted by the Department of Defense, as 
determined by the Chief Management Officer. 
‘‘(e) COMPOSITION OF TRANSITION PLAN.—(1) The 
transition plan developed under subsection (c)(1)(B) shall 
include the following: 
‘‘(A) A listing of the additional systems that 
are expected to be needed to complete the defense 
business enterprise architecture, along with each 
system’s time-phased milestones, performance meas-
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ures, financial resource needs, and risks or chal-
lenges to integration into the business enterprise ar-
chitecture. 
‘‘(B) A listing of the defense business systems 
as of December 2, 2002 (known as ‘legacy systems’), 
that will not be part of the defense business enter-
prise architecture, together with the schedule for ter-
minating those legacy systems that provides for re-
ducing the use of those legacy systems in phases. 
‘‘(C) A listing of the legacy systems (referred to 
in subparagraph (B)) that will be a part of the de-
fense business systems computing environment de-
scribed in subsection (d)(3), together with a strategy 
for making the modifications to those systems that 
will be needed to ensure that such systems comply 
with the defense business enterprise architecture. 
‘‘(2) Each of the strategies under paragraph (1) shall 
include specific time-phased milestones, performance 
measures, and a statement of the financial and non-
financial resource needs. 
‘‘(f) APPROPRIATE PRE-CERTIFICATION AUTHORI-
TIES.—For purposes of subsection (a), the appropriate 
pre-certification authority for a defense business system 
is as follows: 
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‘‘(1) In the case of an Army program, the Chief 
Management Officer of the Army. 
‘‘(2) In the case of a Navy program, the Chief 
Management Officer of the Navy. 
‘‘(3) In the case of an Air Force program, the 
Chief Management Officer of the Air Force. 
‘‘(4) In the case of a program of a Defense 
Agency, the Director, or equivalent, of that Defense 
Agency unless otherwise approved by the Deputy 
Chief Management Officer. 
‘‘(5) In the case of a program that will support 
the business processes of more than one military de-
partment or Defense Agency, an appropriate pre-cer-
tification authority designated by the Deputy Chief 
Management Officer. 
‘‘(g) DEFENSE BUSINESS SYSTEM INVESTMENT RE-
VIEW.—(1) The Secretary of Defense shall require the 
Deputy Chief Management Officer, not later than October 
1, 2011, to establish an investment review board and in-
vestment management process, consistent with section 
11312 of title 40, to review the planning, design, acquisi-
tion, development, deployment, operation, maintenance, 
modernization, and project cost benefits and risks of all 
defense business systems. The investment review board 
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and investment management process so established shall 
specifically address the requirements of subsection (a). 
‘‘(2) The review of defense business systems under 
the investment management process shall include the fol-
lowing: 
‘‘(A) Review and approval by the investment re-
view board of each defense business system before 
the obligation of funds on the system in accordance 
with the requirements of subsection (a). 
‘‘(B) Periodic review, but not less often than 
annually, of all defense business systems, grouped in 
portfolios of defense business systems. 
‘‘(C) Representation on the investment review 
board by appropriate officials from among the Office 
of the Secretary of Defense, the armed forces, the 
combatant commands, the Joint Chiefs of Staff, and 
the Defense Agencies, including the Under Secre-
taries of Defense, the Chief Information Officer of 
the Department of Defense, and the Chief Manage-
ment Officers of the military departments. 
‘‘(D) Use of threshold criteria to ensure an ap-
propriate level of review within the Department of 
Defense of, and accountability for, defense business 
systems depending on scope, complexity, and cost. 
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‘‘(E) Use of procedures for making certifi-
cations in accordance with the requirements of sub-
section (a). 
‘‘(F) Use of procedures for ensuring consistency 
with the guidance issued by the Secretary of Defense 
and the Defense Business Systems Management 
Committee, as required by section 186(c) of this 
title, and incorporation of common decision criteria, 
including standards, requirements, and priorities 
that result in the integration of defense business sys-
tems. 
‘‘(h) BUDGET INFORMATION.—In the materials that 
the Secretary submits to Congress in support of the budg-
et submitted to Congress under section 1105 of title 31 
for fiscal year 2006 and fiscal years thereafter, the Sec-
retary of Defense shall include the following information: 
‘‘(1) Identification of each defense business sys-
tem for which funding is proposed in that budget. 
‘‘(2) Identification of all funds, by appropria-
tion, proposed in that budget for each such system, 
including— 
‘‘(A) funds for current services (to operate 
and maintain the system); and 
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‘‘(B) funds for business systems mod-
ernization, identified for each specific appro-
priation. 
‘‘(3) For each such system, identification of the 
appropriate pre-certification authority under sub-
section (f). 
‘‘(4) For each such system, a description of 
each approval made under subsection (a)(3) with re-
gard to such system. 
‘‘(i) CONGRESSIONAL REPORTS.—Not later than 
March 15 of each year from 2012 through 2016, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on Department of Defense compliance 
with the requirements of this section. The report shall— 
‘‘(1) describe actions taken and planned for 
meeting the requirements of subsection (a), includ-
ing— 
‘‘(A) specific milestones and actual per-
formance against specified performance meas-
ures, and any revision of such milestones and 
performance measures; and 
‘‘(B) specific actions on the defense busi-
ness systems submitted for certification under 
such subsection; 
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‘‘(2) identify the number of defense business 
systems so certified; 
‘‘(3) identify any defense business system dur-
ing the preceding fiscal year that was not certified 
under subsection (a), and the reasons for the lack of 
certification; 
‘‘(4) discuss specific improvements in business 
operations and cost savings resulting from successful 
defense business systems implementation or mod-
ernization efforts; and 
‘‘(5) include a copy of the most recent report of 
the Chief Management Officer of each military de-
partment on implementation of business trans-
formation initiatives by such department in accord-
ance with section 908 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4569; 10 
U.S.C. 2222 note). 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The term ‘pre-certification authority’, with 
respect to a defense business system, means the De-
partment of Defense official responsible for the de-
fense business system, as designated by subsection 
(f). 
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‘‘(2) The term ‘defense business system’ means 
an information system, other than a national secu-
rity system, operated by, for, or on behalf of the De-
partment of Defense, including financial systems, 
mixed systems, financial data feeder systems, and 
information technology and information assurance 
infrastructure, used to support business activities, 
such as acquisition, financial management, logistics, 
strategic planning and budgeting, installations and 
environment, and human resource management. 
‘‘(3) The term ‘enterprise architecture’ has the 
meaning given that term in section 3601(4) of title 
44. 
‘‘(4) The terms ‘information system’ and ‘infor-
mation technology’ have the meanings given those 
terms in section 11101 of title 40. 
‘‘(5) The term ‘national security system’ has 
the meaning given that term in section 3542(b)(2) 
of title 44.’’. 
SEC. 902. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
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(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the 
Navy are redesignated as the Under Secretary 
of the Navy and Marine Corps, the Assistant 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.— 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
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‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
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(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
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(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine 
Corps. Any such reference to an office specified in 
subsection (a)(2) shall be considered to be a ref-
erence to that office as redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
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Subtitle B—Space Activities 
SEC. 911. HARMFUL INTERFERENCE TO DEPARTMENT OF 
DEFENSE GLOBAL POSITIONING SYSTEM. 
(a) IN GENERAL.—The Federal Communications 
Commission shall not lift the conditions imposed on com-
mercial terrestrial operations in the Order and Authoriza-
tion adopted on January 26, 2011 (DA 11–133), or other-
wise permit such operations, until the Commission has re-
solved concerns of widespread harmful interference by 
such commercial terrestrial operations to the Global Posi-
tioning System devices of the Department of Defense. 
(b) NOTICE AND COMMENT ON WORKING GROUP RE-
PORT.—Prior to permitting such commercial terrestrial 
operations, the Federal Communications Commission shall 
make available the final working group report mandated 
by such Order and Authorization and provide all inter-
ested parties an opportunity to comment on such report. 
(c) NOTICE TO CONGRESS.— 
(1) IN GENERAL.—At the conclusion of the pro-
ceeding on such commercial terrestrial operations, 
the Federal Communications Commission shall sub-
mit to the congressional committees described in 
paragraph (2) official copies of the documents con-
taining the final decision of the Commission regard-
ing whether to permit such commercial terrestrial 
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operations. If the decision is to permit such commer-
cial terrestrial operations, such documents shall con-
tain or be accompanied by an explanation of how the 
concerns described in subsection (a) have been re-
solved. 
(2) 
CONGRESSIONAL
COMMITTEES
DE-
SCRIBED.—The congressional committees described 
in this paragraph are the following: 
(A) The Committee on Energy and Com-
merce and the Committee on Armed Services of 
the House of Representatives. 
(B) The Committee on Commerce, Science, 
and Transportation and the Committee on 
Armed Services of the Senate. 
Subtitle C—Intelligence-Related 
Matters 
SEC. 921. REPORT ON IMPLEMENTATION OF RECOMMENDA-
TIONS BY THE COMPTROLLER GENERAL ON 
INTELLIGENCE INFORMATION SHARING. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
and the Comptroller General a report on actions taken by 
the Secretary in response to the recommendations of the 
Comptroller General in the report issued on January 22, 
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2010, titled ‘‘Intelligence, Surveillance, and Reconnais-
sance: Establishing Guidance, Timelines, and Account-
ability for Integrating Intelligence Data Would Improve 
Information Sharing’’ (GAO–10–265NI), regarding the 
need to develop guidance, such as a concept of operations, 
to provide overarching direction and priorities for sharing 
intelligence information across the defense elements of the 
intelligence community. 
(b) REVIEW OF REPORT.—The Comptroller General 
shall submit to the appropriate congressional committees 
a review of the report submitted under subsection (a), in-
cluding a determination by the Comptroller General as to 
whether the actions taken by the Secretary of Defense in 
response to the recommendations referred to in such sub-
section are consistent with and adequately address such 
recommendations. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(3) the Select Committee on Intelligence of the 
Senate. 
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SEC. 922. INSIDER THREAT DETECTION. 
(a) PROGRAM REQUIRED.—The Secretary of Defense 
shall establish a program for information sharing protec-
tion and insider threat mitigation for the information sys-
tems of the Department of Defense to detect unauthorized 
access to, use of, or transmission of classified or controlled 
unclassified information. 
(b) ELEMENTS.—The program established under 
subsection (a) shall include the following: 
(1) Technology solutions for deployment within 
the Department of Defense that allow for centralized 
monitoring and detection of unauthorized activities, 
including— 
(A) monitoring the use of external ports 
and read and write capability controls; 
(B) auditing unusual and unauthorized 
user activities; 
(C) a roles-based access certification sys-
tem; 
(D) cross-domain guards for transfers of 
information between different networks; and 
(E) patch management for software and 
security updates. 
(2) Policies and procedures to support such 
program, including special consideration for policies 
and procedures related to international and inter-
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agency partners and activities in support of ongoing 
operations in areas of hostilities. 
(3) A governance structure and process that in-
tegrates information security and sharing tech-
nologies with the policies and procedures referred to 
in paragraph (2). Such structure and process shall 
include— 
(A) coordination with the existing security 
clearance and suitability review process; 
(B) coordination of existing anomaly detec-
tion techniques, including those used in coun-
terintelligence investigation or personnel screen-
ing activities; and 
(C) updating and expediting of the classi-
fication review and marking process. 
(4) A continuing analysis of— 
(A) gaps in security measures under the 
program; and 
(B) technology, policies, and processes 
needed to increase the capability of the program 
beyond the initially established full operating 
capability to address such gaps. 
(5) A baseline analysis framework that includes 
measures of performance and effectiveness. 
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(6) A plan for how to ensure related security 
measures are put in place for other departments or 
agencies with access to Department of Defense net-
works. 
(7) A plan for enforcement to ensure that the 
program is being applied and implemented on a uni-
form and consistent basis. 
(c) OPERATING CAPABILITY.—The Secretary shall 
ensure the program established under subsection (a)— 
(1) achieves initial operating capability not later 
than October 1, 2012; and 
(2) achieves full operating capability not later 
than October 1, 2013. 
(d) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report that in-
cludes— 
(1) the implementation plan for the program es-
tablished under subsection (a); 
(2) the resources required to implement the 
program; 
(3) specific efforts to ensure that implementa-
tion does not negatively impact activities in support 
of ongoing operations in areas of hostilities; 
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(4) a definition of the capabilities that will be 
achieved at initial operating capability and full oper-
ating capability, respectively; and 
(5) a description of any other issues related to 
such implementation that the Secretary considers 
appropriate. 
(e) BRIEFING REQUIREMENT.—The Secretary shall 
provide briefings to the Committees on Armed Services of 
the House of Representatives and the Senate as follows: 
(1) Not later than 90 days after the date of the 
enactment of this Act, a briefing describing the gov-
ernance structure referred to in subsection (b)(3). 
(2) Not later than 120 days after the date of 
the enactment of this Act, a briefing detailing the 
inventory and status of technology solutions deploy-
ment referred to in subsection (b)(1), including an 
identification of the total number of host platforms 
planned for such deployment, the current number of 
host platforms that provide appropriate security, and 
the funding and timeline for remaining deployment. 
(3) Not later than 180 days after the date of 
the enactment of this Act, a briefing detailing the 
policies and procedures referred to in subsection 
(b)(2), including an assessment of the effectiveness 
of such policies and procedures and an assessment 
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of the potential impact of such policies and proce-
dures on information sharing within the Department 
of Defense and with interagency and international 
partners. 
(f) BUDGET SUBMISSION.—On the date on which the 
President submits to Congress the budget for fiscal year 
2013 under section 1105 of title 31, Untied States Code, 
the Secretary of Defense shall submit to the congressional 
defense committees an identification of the resources re-
quested in such budget to carry out the program estab-
lished under subsection (a). 
Subtitle D—Total Force 
Management 
SEC. 931. GENERAL POLICY FOR TOTAL FORCE MANAGE-
MENT. 
(a) REVISION
OF GENERAL PERSONNEL POLICY 
SECTION.—Section 129a of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 129a. General policy for total force management 
‘‘(a) POLICIES AND PROCEDURES.—The Secretary of 
Defense shall establish policies and procedures for deter-
mining the appropriate mix of military, civilian, and con-
tractor personnel to perform the mission of the Depart-
ment of Defense. 
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‘‘(b) RISK MITIGATION OVER COST.—In establishing 
the policies and procedures under subsection (a), the Sec-
retary shall ensure that establishment of an appropriately 
balanced workforce with sufficient levels of personnel to 
carry out the mission of the Department and the core mis-
sion areas of the armed forces (as identified pursuant to 
section 118b of this title) takes precedence over cost sav-
ings. 
‘‘(c) DELEGATION OF RESPONSIBILITIES.—The Sec-
retary shall delegate responsibility for implementation of 
the policies and procedures established under subsection 
(a) as follows: 
‘‘(1) The Under Secretary of Defense for Per-
sonnel and Readiness shall have overall responsi-
bility for developing guidance to implement such 
policies and procedures. 
‘‘(2) The manpower and force structure au-
thorities for each Department of Defense component 
shall have overall responsibility for the requirements 
determination, planning, programming, and budg-
eting for such policies and procedures. 
‘‘(3) The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics shall be respon-
sible for ensuring that the defense acquisition sys-
tem, as defined in section 2545 of this title, is con-
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sistent with such policies and procedures and with 
implementation pursuant to paragraph (1). In car-
rying out this paragraph, the Under Secretary shall 
require each contracting officer to obtain a written 
statement from each requiring official that the work 
required is appropriate for contractor personnel con-
sistent with this title, the Federal Acquisition Regu-
lation, the Defense Supplement to the Federal Ac-
quisition Regulation, and Department of Defense in-
structions governing appropriate use of contractors. 
‘‘(4) The Under Secretary of Defense (Comp-
troller) shall be responsible for ensuring that the 
budget for the Department of Defense is consistent 
with such policies and procedures. If the Under Sec-
retary of Defense (Comptroller) recommends a de-
fense budget for a fiscal year that inhibits the imple-
mentation of such policies and procedures, then a 
justification for such recommendation shall be in-
cluded in the defense budget materials (as defined in 
section 2228(f)(5) of this title) for that fiscal year. 
‘‘(d) USE OF PLAN, INVENTORY, AND LIST.—In car-
rying out the policies and procedures established under 
subsection (a), the Secretary shall— 
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‘‘(1) incorporate the civilian strategic workforce 
plan (required by section 115b of this title) into 
such policies and procedures; 
‘‘(2) incorporate the civilian positions master 
plan (required by section 1597(c) of this title) into 
such policies and procedures; 
‘‘(3) use the inventory of contracts for services 
required by section 2330a(c) of this title; and 
‘‘(4) use the list of activities required by the 
Federal Activities Inventory Reform Act of 1998 
(Public Law 105–270; 31 U.S.C. 501 note). 
‘‘(e) 
CONSIDERATIONS
IN
CONVERTING
PER-
SONNEL.—If conversion of personnel is considered, the 
Under Secretary of Defense for Personnel and Readiness 
shall— 
‘‘(1) ensure compliance with— 
‘‘(A) section 2463 of this title (relating to 
guidelines and procedures for use of civilian em-
ployees to perform Department of Defense 
functions); and 
‘‘(B) section 2461 of this title (relating to 
public-private competition required before con-
version to contractor performance); and 
‘‘(2) include in each manpower requirements re-
port under section 115a of this title a complete jus-
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tification for converting from one form of personnel 
to another. 
‘‘(f) 
CONSTRUCTION
WITH
OTHER
REQUIRE-
MENTS.—Nothing in this title may be construed as au-
thorizing— 
‘‘(1) a Department of Defense component to di-
rectly convert a function to contractor performance 
without complying with section 2461 of this title; 
‘‘(2) the use of contractor personnel for func-
tions that are inherently governmental or closely as-
sociated with inherently governmental even if there 
is a civilian personnel shortfall in the Department of 
Defense; 
‘‘(3) the establishment of numerical goals or 
budgetary savings targets for the conversion of func-
tions to performance by either Department of De-
fense civilian personnel or for conversion to perform-
ance by contractor personnel; or 
‘‘(4) the imposition of a civilian hiring freeze 
that may inhibit the implementation of the policies 
and procedures established under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 129a in the table of sections at the beginning of 
such chapter is amended to read as follows: 
‘‘129a. General policy for total force management.’’. 
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SEC. 932. REVISIONS TO DEPARTMENT OF DEFENSE CIVIL-
IAN 
PERSONNEL 
MANAGEMENT 
CON-
STRAINTS. 
Section 129 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘(2) the funds 
made available to the department for such fiscal 
year.’’ and inserting ‘‘(2) the total force manage-
ment policies and procedures established under sec-
tion 129a of this title.’’; 
(2) in subsection (d), by striking ‘‘within that 
budget activity for which funds are provided for that 
fiscal year.’’ and inserting ‘‘within that budget activ-
ity as determined under the total force management 
policies and procedures established under section 
129a of this title.’’; and 
(3) in subsection (e), by striking the sentence 
beginning with ‘‘With respect to’’. 
SEC. 933. ADDITIONAL AMENDMENTS RELATING TO TOTAL 
FORCE MANAGEMENT. 
(a) AMENDMENTS TO SECRETARY OF DEFENSE RE-
PORT.—Section 113(l) of title 10, United States Code, is 
amended in paragraphs (2), (3), and (4) by striking ‘‘mili-
tary and civilian personnel’’ each place it appears and in-
serting ‘‘military, civilian, and contractor personnel’’. 
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(b) AMENDMENTS RELATING TO CERTAIN GUIDE-
LINES.—Section 1597(b) of title 10, United States Code, 
is amended by inserting after the first sentence the fol-
lowing: ‘‘In establishing the guidelines, the Secretary shall 
ensure that nothing in the guidelines conflicts with the re-
quirements of section 129 of this title or the policies and 
procedures established under section 129a of this title.’’. 
(c) AMENDMENT TO REQUIREMENTS FOR ACQUISI-
TION OF SERVICES.—Section 863 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4293; 10 U.S.C. 2330 
note) is amended by adding at the end of subsection (d) 
the following new paragraph: 
‘‘(9) Considerations relating to total force man-
agement policies and procedures established under 
section 129a of this title.’’. 
SEC. 934. AMENDMENTS TO ANNUAL DEFENSE MANPOWER 
REQUIREMENTS REPORT. 
Section 115a(a) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); and 
(2) by striking paragraph (2) and inserting the 
following new paragraphs (2) and (3): 
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‘‘(2) the annual civilian personnel requirements 
level for each component of the Department of De-
fense for the next fiscal year and the civilian end- 
strength level for the prior fiscal year; and 
‘‘(3) the contractor personnel requirements level 
for performing contract services as defined in section 
235 of this title for each component of the Depart-
ment of Defense for the next fiscal year and the con-
tractor full-time equivalents level for the prior fiscal 
year as reported in the inventory for contracts for 
services required by subsection (c) of section 2330a 
of this title.’’. 
SEC. 935. REVISIONS TO STRATEGIC WORKFORCE PLAN. 
(a) REVISION IN REPORTING PERIOD.— 
(1) IN
GENERAL.—Section 115b of title 10, 
United States Code, is amended— 
(A) in the section heading, by striking 
‘‘Annual strategic’’ and inserting ‘‘Bien-
nial civilian strategic’’; 
(B) in the heading of subsection (a), by 
striking ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; 
and 
(C) in subsection (a)(1), by striking ‘‘on an 
annual basis’’ and inserting ‘‘in every even- 
numbered year’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 2 of such title is amended by strik-
ing the item relating to section 115b and inserting 
the following: 
‘‘115b. Biennial civilian strategic workforce plan.’’. 
(b) REVISION IN ASSESSMENT CONTENTS AND PE-
RIOD.—Section 115b(b)(1) of such title is amended— 
(1) in subparagraph (A), by striking ‘‘seven- 
year period following the year in which the plan is 
submitted’’ and inserting ‘‘five-year period cor-
responding to the current future-years defense pro-
gram’’; and 
(2) in subparagraph (B), by inserting before 
the semicolon at the end the following: ‘‘as deter-
mined under the total force management policies 
and procedures established under section 129a of 
this title’’. 
(c) 
REFERENCE
TO
SECTION
129A.—Section 
115b(c)(2)(D) is amended by inserting before the period 
at the end the following: ‘‘and the policies and procedures 
established under section 129a of this title’’. 
SEC. 936. TECHNICAL AMENDMENTS TO REQUIREMENT 
FOR INVENTORY OF CONTRACTS FOR SERV-
ICES. 
Section 2330a(c) of title 10, United States Code, is 
amended— 
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(1) in paragraph (1)— 
(A) by inserting ‘‘(and pursuant to con-
tracts for goods to the extent services are also 
provided under such contracts)’’ after ‘‘pursu-
ant to contracts for services’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘and’’ at the end of 
clause (i); and 
(ii) by striking clause (ii) and insert-
ing the following: 
‘‘(ii) the calculation of contractor full-time 
equivalents for direct labor, using direct labor 
hours, in a manner that is comparable to the 
calculation of Department of Defense civilian 
full-time employees; and 
‘‘(iii) the conduct and completion of the 
annual 
review 
required 
under 
subsection 
(e)(1).’’; and 
(C) in subparagraph (B), by inserting ‘‘for 
requirements specifically relating to acquisi-
tion’’ before the period; and 
(2) in paragraph (2)(E), by striking ‘‘The num-
ber of contractor employees,’’ and inserting ‘‘The 
number of contractors,’’. 
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SEC. 937. MODIFICATION OF TEMPORARY SUSPENSION OF 
PUBLIC-PRIVATE COMPETITIONS FOR CON-
VERSION 
OF 
DEPARTMENT 
OF 
DEFENSE 
FUNCTIONS 
TO 
CONTRACTOR 
PERFORM-
ANCE. 
Section 325 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2253) is amended— 
(1) in subsection (a), by striking ‘‘Secretary of 
Defense submits to the congressional defense com-
mittees the certification required under subsection 
(d)’’ and inserting ‘‘Comptroller General submits to 
the congressional defense committees the assessment 
required under subsection (c)’’; and 
(2) by striking subsection (d). 
SEC. 938. PRELIMINARY PLANNING AND DURATION OF 
PUBLIC-PRIVATE COMPETITIONS. 
Section 2461(a)(5) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E)— 
(A) by striking ‘‘, begins’’ and inserting 
‘‘shall be conducted in accordance with guid-
ance and procedures that shall be issued and 
maintained by the Under Secretary of Defense 
for Personnel and Readiness and shall begin’’; 
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(B) by inserting after ‘‘the date on which’’ 
the following: ‘‘a component of’’; 
(C) by inserting ‘‘first’’ before ‘‘obligates’’; 
(D) 
by 
inserting 
‘‘specifically’’ 
after 
‘‘funds’’; 
(E) by inserting ‘‘for the preliminary plan-
ning effort’’ after ‘‘support’’; and 
(F) in clause (i), by inserting ‘‘a public-pri-
vate’’ before ‘‘competition’’; and 
(2) in subparagraph (F)— 
(A) by inserting ‘‘or Defense Agency’’ after 
‘‘military department’’; 
(B) by striking ‘‘of such date’’ and insert-
ing ‘‘of the actions intended to be taken during 
the preliminary planning process’’; 
(C) by inserting ‘‘of such actions’’ after 
‘‘public notice’’; 
(D) by inserting after ‘‘website’’ the fol-
lowing: ‘‘and through other means as deter-
mined necessary’’; 
(E) by inserting after the first sentence the 
following: ‘‘Following the completion of prelimi-
nary planning for a public-private competition, 
if applicable, the head of a military department 
or Defense Agency shall submit to Congress 
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written notice of the initiation of the public-pri-
vate competition and shall announce such initi-
ation in the Federal Register.’’; and 
(F) by striking ‘‘Such date is the first day 
of preliminary planning for a public-private 
competition for’’ and inserting ‘‘The date of 
such announcement shall be used for’’. 
SEC. 939. CONVERSION OF CERTAIN FUNCTIONS FROM 
CONTRACTOR PERFORMANCE TO PERFORM-
ANCE BY DEPARTMENT OF DEFENSE CIVIL-
IAN EMPLOYEES. 
Section 2463 of title 10, United States Code, is 
amended— 
(1) in subsection (b)(1)— 
(A) by striking subparagraph (A) and in-
serting the following new subparagraph (A): 
‘‘(A) is an inherently governmental func-
tion;’’; 
(B) by redesignating subparagraphs (C) 
and (D) as subparagraphs (F) and (G), respec-
tively; and 
(C) by inserting after subparagraph (B) 
the following new subparagraphs (C), (D), and 
(E): 
‘‘(C) acquisition workforce functions; 
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‘‘(D) is a critical function that is necessary 
to maintain sufficient organic expertise and 
technical capability; 
‘‘(E) has been performed by Department 
of Defense civilian employees at any time dur-
ing the previous 10-year period;’’. 
(2) by redesignating subsections (d) and (e) as 
subsections (f) and (g), respectively; 
(3) by inserting after subsection (c) the fol-
lowing new subsections (d) and (e): 
‘‘(d) DETERMINATIONS RELATING TO THE CONVER-
SION OF CERTAIN FUNCTIONS.—(1) Except as provided 
in paragraph (2), in determining whether a function 
should be converted to performance by Department of De-
fense civilian employees, the Secretary of Defense shall— 
‘‘(A) develop methodology for determining costs 
based on the guidance outlined in the Directive-Type 
Memorandum 09–007 entitled ‘Estimating and 
Comparing the Full Costs of Civilian and Military 
Manpower and Contractor Support’ or any successor 
guidance for the determination of costs when costs 
are the sole basis for the determination; 
‘‘(B) take into consideration any supplemental 
guidance issued by the Secretary of a military de-
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partment for determinations affecting functions of 
that military department; and 
‘‘(C) ensure that the difference in the cost of 
performing the function by a contractor compared to 
the cost of performing the function by Department 
of Defense civilian employees would be equal to or 
exceed the lesser of— 
‘‘(i) 10 percent of the personnel-related 
costs for performance of that function; or 
‘‘(ii) $10,000,000. 
‘‘(2) Paragraph (1) shall not apply to a function de-
scribed in subparagraph (A) of subsection (b)(1). 
‘‘(e) NOTIFICATION RELATING TO THE CONVERSION 
OF CERTAIN FUNCTIONS.—The Secretary of Defense shall 
establish procedures for the timely notification of any con-
tractor who performs a function that the Secretary plans 
to convert to performance by Department of Defense civil-
ian employees pursuant to subsection (a). The Secretary 
shall provide a copy of any such notification to the con-
gressional defense committees.’’; and 
(4) in subsection (g), as redesignated by para-
graph (2)— 
(A) by striking ‘‘this section’’ and all that 
follows and inserting ‘‘this section:’’; and 
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(B) by adding at the end the following new 
paragraphs: 
‘‘(1) The term ‘functions closely associated with 
inherently governmental functions’ has the meaning 
given that term in section 2383(b)(3) of this title. 
‘‘(2) The term ‘acquisition function’ has the 
meaning given that term under section 1721(a) of 
this title. 
‘‘(3) The term ‘inherently governmental func-
tion’ has the meaning given that term in the Federal 
Activities Inventory Reform Act of 1998 (Public 
Law 105–270; 31 U. S.C. 501 note).’’. 
SEC. 940. ASSESSMENT OF APPROPRIATE DEPARTMENT OF 
DEFENSE 
AND 
CONTRACTOR 
PERSONNEL 
FOR THE DEFENSE MEDICAL READINESS 
TRAINING INSTITUTE. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall conduct an assessment to determine the appro-
priate mix of Department of Defense civilian personnel 
and contractor personnel to carry out the mission and 
functions of the Defense Medical Readiness Training In-
stitute. 
(b) FACTORS FOR CONSIDERATION.—In carrying out 
the assessment required under subsection (a), the Sec-
retary shall take into consideration the policy, guidance, 
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procedures, and methodologies for total force management 
of the Department of Defense, including— 
(1) such policy, guidance, procedures, and 
methodologies described in sections 129 and 129a of 
title 10, United States Code, as amended by this 
Act; 
(2) manpower requirements for planning, pro-
gramming, and budgeting; 
(3) the Department of Defense strategic human 
capital plans developed pursuant to section 115b of 
such title; 
(4) the annual personnel authorization requests 
to Congress pursuant to section 115a of such title; 
and 
(5) a determination of the Secretary with re-
spect to whether the functions performed by the De-
fense Medical Readiness Training Institute are in-
herently governmental, closely associated with inher-
ently governmental, or commercial in nature. 
(c) OTHER ELEMENTS OF ASSESSMENT.—The as-
sessment required under subsection (a) shall include an 
assessment of each of the following: 
(1) The effect of distributed training at mul-
tiple locations in the United States on the ability of 
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the Defense Medical Readiness Training Institute to 
accomplish its training mission. 
(2) The extent to which simulated training can 
be used effectively at locations remote from the De-
fense Medical Readiness Training Institute campus. 
(3) A cost-benefit analysis as outlined in Office 
of Management and Budget Circular A-94 of the use 
of simulated training versus training using class-
room instructors. 
(4) The budgetary effect of expanding the use 
of contractor-provided training to accomplish the 
mission of the Defense Medical Readiness Training 
Institute. 
(5) Any other matter relevant to the mission of 
the Defense Medical Readiness Training Institute 
that the Secretary determines is appropriate. 
(d) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
analysis required under subsection (a). 
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Subtitle E—Quadrennial Roles and 
Missions and Related Matters 
SEC. 951. TRANSFER OF PROVISIONS RELATING TO QUAD-
RENNIAL ROLES AND MISSIONS REVIEW. 
(a) TRANSFER OF PROVISIONS RELATING TO AS-
SESSMENT OF ROLES AND MISSIONS.—Section 153(a)(4) 
of title 10, United States Code, is amended— 
(1) by redesignating subparagraphs (C), (D), 
(E), and (F) as subparagraphs (D), (E), (F), and 
(G), respectively; 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) Advising the Secretary on the roles and 
missions of the armed forces and on the assignment 
of functions to the armed forces in order to obtain 
maximum efficiency and effectiveness of the armed 
forces.’’; and 
(3) by amending subparagraph (G) (as redesig-
nated by paragraph (1)) to read as follows: 
‘‘(G) Identifying, assessing, and prioritizing 
joint military requirements (including existing sys-
tems and equipment) for defense acquisition, and 
identifying the core mission areas associated with 
each such requirement.’’. 
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(b) REQUIREMENT FOR NATIONAL MILITARY STRAT-
EGY REVIEW TO BE CONSISTENT WITH QUADRENNIAL 
ROLES AND MISSIONS REVIEW.—Section 153(d)(2)(A) of 
title 10, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of clause (ii); 
(2) by striking the period and inserting ‘‘; and’’ 
at the end of clause (iii); and 
(3) by adding at the end the following new 
clause: 
‘‘(iv) the most recent quadrennial roles and 
missions review conducted by the Secretary of 
Defense pursuant to section 118b of this title.’’. 
(c) ASSESSMENT OF ROLES AND MISSIONS.—Section 
153 of such title is further amended by adding at the end 
the following new subsection: 
‘‘(e) ASSESSMENT OF ROLES AND MISSIONS.—(1) In 
each year in which the Secretary of Defense is required 
to conduct a quadrennial roles and missions review pursu-
ant to section 118b of this title, the Chairman shall pre-
pare and submit to the Secretary of Defense an assess-
ment of the roles and missions of the armed forces and 
the assignment of functions to the armed forces, together 
with any recommendations for changes in assignment that 
the Chairman considers necessary to achieve maximum ef-
ficiency and effectiveness of the armed forces. 
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‘‘(2) The assessment shall be conducted so as to— 
‘‘(A) organize the significant missions of the 
armed forces into core mission areas that cover 
broad areas of military activity; and 
‘‘(B) ensure that core mission areas are defined 
and functions are assigned so as to avoid unneces-
sary duplication of effort among the armed forces. 
‘‘(3) The Secretary shall forward the report received 
under paragraph (1) in any year, with the Secretary’s 
comments thereon (if any), to Congress with the Sec-
retary’s next transmission to Congress of the annual De-
partment of Defense budget justification materials in sup-
port of the Department of Defense component of the 
budget of the President submitted under section 1105 of 
title 31 for the next fiscal year.’’. 
(d) CONFORMING AMENDMENTS.—Section 118b of 
title 10, United States Code, is amended— 
(1) by striking subsection (b); and 
(2) in subsection (c), by striking ‘‘Upon receipt 
of the Chairman’s assessment, and after giving ap-
propriate consideration to the Chairman’s rec-
ommendations, the Secretary’’ and inserting ‘‘The 
Secretary’’. 
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SEC. 952. REVISIONS TO QUADRENNIAL ROLES AND MIS-
SIONS REVIEW. 
Section 118b of title 10, United States Code, as 
amended by section 951, is further amended— 
(1) in subsection (a), by striking ‘‘core com-
petencies and capabilities of the Department of De-
fense to perform and support such roles and mis-
sions’’ and inserting ‘‘functions and capabilities of 
the Department of Defense and its major compo-
nents to achieve the objectives of the national de-
fense strategy and the national military strategy’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (b) and (c); 
(3) in subsection (b) (as so redesignated)— 
(A) by striking the subsection heading and 
all that follows through ‘‘shall identify—’’ and 
inserting ‘‘CONDUCT OF REVIEW.—Each quad-
rennial roles and missions review shall iden-
tify—’’; 
(B) in paragraph (2), by striking ‘‘core 
competencies and capabilities’’ and inserting 
‘‘functions and capabilities of each of the armed 
forces’’; 
(C) in paragraph (3), by striking ‘‘core 
competencies’’ and inserting ‘‘functions’’; 
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(D) by striking ‘‘core competencies and’’ 
and inserting ‘‘the functions and the’’; and 
(E) in paragraph (5), by striking ‘‘core 
competencies’’ and inserting ‘‘functions’’; and 
(4) in subsection (d) (as so redesignated), by 
inserting ‘‘findings of the’’ before ‘‘quadrennial’’. 
SEC. 953. AMENDMENT TO PRESENTATION OF FUTURE- 
YEARS BUDGET AND COMPTROLLER GEN-
ERAL REPORT ON BUDGET JUSTIFICATION 
MATERIAL. 
(a) ORGANIZATION OF FUTURE-YEARS BUDGET.— 
(1) IN GENERAL.—Section 222(b) of title 10, 
United States Code, is amended by striking ‘‘on the 
basis of both major force programs and the core 
mission areas’’ and inserting ‘‘on the basis of major 
force programs and the core mission areas and func-
tions of each of the armed forces’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply with respect to the fu-
ture-years mission budget for fiscal year 2013 and 
each fiscal year thereafter. 
(b) REPORT REQUIRED.— 
(1) 
MATTERS
COVERED.—The 
Comptroller 
General of the United States shall prepare a report 
containing assessments of— 
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(A) the sufficiency of Department of De-
fense regulations, policies, and guidance gov-
erning the construction of budget exhibits; 
(B) the current program element structure 
and content used to account for the budget ac-
tivity of the Department of the Defense; 
(C) the degree to which the Secretary of 
Defense has implemented the recommendations 
for improving the consistency, clarity, accuracy, 
and completeness of the Department of Defense 
budget documentation contained in Government 
Accountability Report GAO–07–1058; and 
(D) the degree to which the Department of 
Defense has complied with the Congressional 
intent and requirements of the amendments 
made by section 944 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 289). 
(2) RECOMMENDATIONS.—The report required 
by this subsection shall also include such rec-
ommendations as the Comptroller General considers 
to be appropriate in order to improve the consist-
ency, clarity, accuracy, and completeness of the De-
partment of Defense budget justification material 
content and to improve the Department’s ability to 
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identify and track resources by the core mission 
areas and functions of the armed forces as required 
by section 118b of title 10, United States Code. 
SEC. 954. CHAIRMAN OF THE JOINT CHIEFS OF STAFF AS-
SESSMENT OF CONTINGENCY PLANS. 
Section 153(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘assessment 
of’’ and all that follows through the period and in-
serting: ‘‘assessment of— 
‘‘(A) the nature and magnitude of the stra-
tegic and military risks associated with exe-
cuting the missions called for under the current 
National Military Strategy; and 
‘‘(B) the critical deficiencies and strengths 
in force capabilities (including manpower, logis-
tics, intelligence, and mobility support) identi-
fied during the preparation and review of con-
tingency plans of each geographic combatant 
commander, and the effect of such deficiencies 
and strengths on strategic plans and on meet-
ing national security objectives and policy.’’; 
and 
(2) in paragraph (2)— 
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(A) by inserting after ‘‘National Military 
Strategy is significant,’’ the following, ‘‘or that 
critical deficiencies in force capabilities exist for 
a contingency plan,’’; and 
(B) by inserting ‘‘or deficiency’’ before the 
period at the end. 
SEC. 955. QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the quadrennial defense review is a critical stra-
tegic document and should be based upon a process uncon-
strained by budgetary influences so that such influences 
do not determine or limit its outcome. 
(b) RELATIONSHIP OF QUADRENNIAL DEFENSE RE-
VIEW TO DEFENSE BUDGET.—Paragraph (4) of section 
118(b) of title 10, United States Code, is amended to read 
as follows: 
‘‘(4) to make recommendations that are not 
constrained to comply with and are fully inde-
pendent of the budget submitted to Congress by the 
President pursuant to section 1105 of title 31, in 
order to allow Congress to determine the level of ac-
ceptable risk to execute the missions associated with 
the national defense strategy within appropriated 
funds.’’. 
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Subtitle F—Other Matters 
SEC. 961. DEADLINE REVISION FOR REPORT ON FOREIGN 
LANGUAGE PROFICIENCY. 
Section 958 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
297) is amended— 
(1) in subsection (a), by striking ‘‘annually 
thereafter’’ and inserting ‘‘by June 30 each year 
thereafter’’; and 
(2) in subsection (d), by striking ‘‘December 
31, 2013’’ and inserting ‘‘June 30, 2013’’. 
SEC. 962. MILITARY ACTIVITIES IN CYBERSPACE. 
(a) AFFIRMATION.—Congress affirms that the Sec-
retary of Defense is authorized to conduct military activi-
ties in cyberspace. 
(b) AUTHORITY DESCRIBED.—The authority referred 
to in subsection (a) includes the authority to carry out 
a clandestine operation in cyberspace— 
(1) in support of a military operation pursuant 
to the Authorization for Use of Military Force (50 
U.S.C. 1541 note; Public Law 107–40) against a 
target located outside of the United States; or 
(2) to defend against a cyber attack against an 
asset of the Department of Defense. 
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(c) BRIEFINGS ON ACTIVITIES.—Not later than 120 
days after the date of the enactment of this Act, and quar-
terly thereafter, the Secretary of Defense shall provide a 
briefing to the Committees on Armed Services of the 
House of Representatives and the Senate on covered mili-
tary cyberspace activities that the Department of Defense 
carried out during the preceding quarter. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary of Defense to conduct military activities in cyber-
space. 
SEC. 963. ACTIVITIES TO IMPROVE MULTILATERAL, BILAT-
ERAL, AND REGIONAL COOPERATION RE-
GARDING CYBERSECURITY. 
(a) ESTABLISHMENT
OF
CYBERSECURITY
PRO-
GRAM.— 
(1) IN
GENERAL.—Chapter 53 of title 10, 
United States Code, is amended by inserting after 
section 1051b the following new section: 
‘‘§ 1051c. Multilateral, bilateral, or regional coopera-
tion programs: assignments to improve 
education and training in information se-
curity 
‘‘(a) ASSIGNMENTS AUTHORIZED; PURPOSE.—The 
Secretary of Defense may authorize the temporary assign-
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ment of a member of the military forces of a foreign coun-
try to a Department of Defense organization for the pur-
pose of assisting the member to obtain education and 
training to improve the member’s ability to understand 
and 
respond 
to 
information 
security 
threats, 
vulnerabilities of information security systems, and the 
consequences of information security incidents. 
‘‘(b) PAYMENT OF CERTAIN EXPENSES.—To facili-
tate the assignment of a member of a foreign military 
force to a Department of Defense organization under sub-
section (a), the Secretary of Defense may pay such ex-
penses in connection with the assignment as the Secretary 
considers in the national security interests of the United 
States. 
‘‘(c) PROTECTION
OF DEPARTMENT CYBERSECU-
RITY.—In authorizing the temporary assignment of mem-
bers of foreign military forces to Department of Defense 
organizations under subsection (a), the Secretary of De-
fense shall require the inclusion of adequate safeguards 
to prevent any compromising of Department information 
security. 
‘‘(d) MULTI-YEAR AVAILABILITY OF FUNDS.—Funds 
available to carry out this section shall be available, to the 
extent provided in appropriations Acts, for programs and 
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activities under this section that begin in a fiscal year and 
end in the following fiscal year. 
‘‘(e) INFORMATION SECURITY DEFINED.—In this 
section, the term ‘information security’ refers to— 
‘‘(1) the confidentiality, integrity, or availability 
of an information system or the information such 
system processes, stores, or transmits; and 
‘‘(2) the security policies, security procedures, 
or acceptable use policies with respect to an informa-
tion system.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1051b 
the following new item: 
‘‘1051c. Multilateral, bilateral, or regional cooperation programs: assignments to 
improve education and training in information security.’’. 
(b) REPORT ON EXPANSION OF FELLOWSHIP OPPOR-
TUNITIES.—Not later one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report evaluating the feasibility and benefits 
of expanding the fellowship program authorized by section 
1051c of title 10, United States Code, as added by sub-
section (a), to include ministry of defense officials, secu-
rity officials, or other civilian officials of foreign countries. 
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SEC. 964. REPORT ON UNITED STATES SPECIAL OPER-
ATIONS COMMAND STRUCTURE. 
(a) REPORT.—Not later than March 1, 2012, the 
Secretary of Defense shall submit to the congressional de-
fense committees a study of the United States Special Op-
erations Command sub-unified structure. 
(b) ELEMENTS.—The report required under this sec-
tion shall include, at a minimum, the following: 
(1) Recommendations to revise as necessary the 
present command structure to better support devel-
opment and deployment of joint special operations 
forces and capabilities. 
(2) Any other matters the Secretary considers 
appropriate. 
(c) FORM.—The report required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 965. SENSE OF CONGRESS REGARDING THE PERFORM-
ANCE OF COMMERCIALLY-AVAILABLE ACTIVI-
TIES BY DEPARTMENT OF DEFENSE CIVILIAN 
EMPLOYEES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) our Nation’s economic strength is charac-
terized by individual freedom and the competitive 
enterprise system, and as such, the Federal Govern-
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ment should not compete with its citizens and pri-
vate enterprise; 
(2) in recognition of this policy, the Govern-
ment should rely on commercially available sources 
to provide commercial products and services and 
should not start or carry on any activity to provide 
a commercial product or service if the product or 
service can be procured more economically from a 
commercial source; 
(3) this policy conforms with Department of 
Defense Total Force Management procedures aimed 
at improving total manpower requirements, deter-
minations, and planning to facilitate decisions re-
garding which sector (military, civilian, or contractor 
personnel) should perform each requirement; and 
(4) the Department of Defense should not con-
vert the performance of any function from perform-
ance by a contractor to performance by Department 
of Defense civilian employees unless the function is 
inherently governmental in nature or the conversion 
is necessary to comply with section 129a of title 10, 
United States Code, as amended by this Act. 
(b) 
DEFINITION
OF
INHERENTLY
GOVERN-
MENTAL.—In this section, the term ‘‘inherently govern-
mental’’ has the meaning given that term in section 5(2) 
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of the Federal Activities Inventory Reform Act of 1998 
(Public Law 105–270; 112 Stat. 2384; 31 U.S.C. 501 
note). 
SEC. 966. CLARIFICATION OF STATUS OF PARTICIPANTS OF 
DEFENSE INDUSTRIAL BASE ACTIVE CYBER 
DEFENSE PILOT PROJECT. 
Notwithstanding any other provision of law, any non- 
Government entity or personnel participating in the 90- 
day Defense Industrial Base Active Cyber Defense pilot 
project shall not be considered an agent of any local or 
State government or the Federal Government by reason 
of such participation. 
SEC. 967. EXPANSION OF OVERSIGHT OFFICES IN DEPART-
MENT OF DEFENSE. 
(a) ASSISTANT SECRETARY OF DEFENSE FOR CON-
TINGENCY CONTRACTING.—Section 138(b) of title 10, 
United States Code, is amended— 
(1) by redesignating paragraph (7) as para-
graph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) One of the Assistant Secretaries shall be the As-
sistant Secretary of Defense for Contingency Contracting. 
The Assistant Secretary of Defense for Contingency Con-
tracting is the principal adviser to the Secretary of De-
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fense and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on matters relating to planning, 
funding, staffing, and managing contingency contracting 
of the Department of Defense.’’. 
(b) REQUIREMENT TO ESTABLISH OFFICE OF CON-
TINGENCY CONTRACTING.—The Secretary of Defense 
shall rename and expand the Office of Program Support 
in the Office of the Under Secretary of Defense for Acqui-
sition, Technology, and Logistics as the Office of Contin-
gency Contracting. The Office of Contingency Contracting 
shall be headed by the Assistant Secretary of Defense for 
Contingency Contracting and shall be responsible for plan-
ning, funding, staffing, and managing contingency con-
tracting in the Department of Defense. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2012 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
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thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
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is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Committee on the Budget of the 
House of Representatives, as long as such statement has 
been submitted prior to the vote on passage of this Act. 
Subtitle B—Counter-Drug Activi-
ties and Counter Transnational 
Criminal Activities 
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTERTERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note), as most recently amended by section 
1012(a) of the Ike Skelton National Defense Authoriza-
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tion Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4346), is amended by striking ‘‘2011’’ and inserting 
‘‘2012’’. 
SEC. 1012. EXTENSION OF AUTHORITY OF DEPARTMENT OF 
DEFENSE TO PROVIDE ADDITIONAL SUPPORT 
FOR COUNTERDRUG ACTIVITIES OF OTHER 
GOVERNMENTAL AGENCIES. 
(a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub-
section (a) of section 1004 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101– 
510; 10 U.S.C. 374 note) is amended by striking ‘‘During 
fiscal years 2002 through 2011’’ and inserting ‘‘Until Sep-
tember 30, 2013’’. 
(b) COVERAGE
OF TRIBAL LAW ENFORCEMENT 
AGENCIES.—Such section is further amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘tribal,’’ after ‘‘local,’’; and 
(B) in paragraph (2), by striking ‘‘State or 
local’’ both places it appears and insert ‘‘State, 
local, or tribal’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘State or 
local’’ and inserting ‘‘State, local, or tribal’’; 
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(B) in paragraph (4), by striking ‘‘State, 
or local’’ and inserting ‘‘State, local, or tribal’’; 
and 
(C) in paragraph (5), by striking ‘‘State 
and local’’ and inserting ‘‘State, local, and trib-
al’’. 
(c) CLARIFICATION
OF AUTHORITY
TO PROVIDE 
CERTAIN NONLETHAL EQUIPMENT OR SERVICES.—Sub-
section (b)(4) of such section is amended by inserting be-
fore the period at the end the following: ‘‘, including the 
provision of nonlethal equipment or services necessary for 
the operation of such bases or facilities, other than any 
equipment specifically identified in section 1033 of the 
National Defense Authorization Act for Fiscal Year 
1998’’. 
SEC. 1013. ONE-YEAR EXTENSION OF AUTHORITY TO PRO-
VIDE ADDITIONAL SUPPORT FOR COUNTER- 
DRUG ACTIVITIES OF CERTAIN FOREIGN 
GOVERNMENTS. 
Subsection (a)(2) of section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881), as most recently amended by 
section 1014(a) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111– 
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383; 124 Stat. 4347), is amended by striking ‘‘2012’’ and 
inserting ‘‘2013’’. 
SEC. 1014. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by 
section 1011 of the Ike Skelton National Defense Author-
ization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4346), is amended— 
(1) in subsection (a), by striking ‘‘2011’’ and 
inserting ‘‘2012’’; and 
(2) in subsection (c), by striking ‘‘2011’’ and 
inserting ‘‘2012’’. 
SEC. 1015. MITIGATION OF NATIONAL SECURITY THREATS 
ALONG THE BORDER OF THE UNITED STATES 
AND MEXICO. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Secretary of Defense should continue to 
increase intelligence and technology sharing informa-
tion and capability with the Secretary of Homeland 
Security and other agencies to mitigate national se-
curity threats along the international border between 
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the United States and Mexico, including threats of 
infiltration and border breaches by transnational 
criminal organizations; and 
(2) the Secretary of Defense should strongly 
consider operationally testing, along the inter-
national border between the United States and Mex-
ico, emerging technology capabilities developed for 
the purposes of detection, intelligence, and surveil-
lance. 
(b) CONGRESSIONAL BRIEFING.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall brief the congressional defense 
committees on the effectiveness of the ongoing collabo-
rative programs with the Government of Mexico intended 
to strengthen the capability of Mexican forces to detect 
and deter infiltration of the United States border and 
other national security threats by transnational crime or-
ganizations. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. BUDGETING FOR CONSTRUCTION OF NAVAL VES-
SELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United 
States Code, is amended to read as follows: 
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‘‘§ 231. Budgeting for construction of naval vessels: 
annual plan and certification 
‘‘(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN 
AND CERTIFICATION.—The Secretary of Defense shall in-
clude with the defense budget materials for a fiscal year— 
‘‘(1) a plan for the construction of combatant 
and support vessels for the Navy developed in ac-
cordance with this section; and 
‘‘(2) a certification by the Secretary that both 
the budget for that fiscal year and the future-years 
defense program submitted to Congress in relation 
to such budget under section 221 of this title pro-
vide for funding of the construction of naval vessels 
at a level that is sufficient for the procurement of 
the vessels provided for in the plan under paragraph 
(1) on the schedule provided in that plan. 
‘‘(b) 
ANNUAL
NAVAL
VESSEL
CONSTRUCTION 
PLAN.—(1) The annual naval vessel construction plan de-
veloped for a fiscal year for purposes of subsection (a)(1) 
should be designed so that the naval vessel force provided 
for under that plan is capable of supporting the national 
security strategy of the United States as set forth in the 
most recent national security strategy report of the Presi-
dent under section 108 of the National Security Act of 
1947 (50 U.S.C. 404a), except that, if at the time such 
plan is submitted with the defense budget materials for 
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that fiscal year, a national security strategy report re-
quired under such section 108 has not been submitted to 
Congress as required by paragraph (2) or paragraph (3), 
if applicable, of subsection (a) of such section, then such 
annual plan should be designed so that the naval vessel 
force provided for under that plan is capable of supporting 
the ship force structure recommended in the report of the 
most recent quadrennial defense review. 
‘‘(2) Each such naval vessel construction plan shall 
include the following: 
‘‘(A) A detailed program for the construction of 
combatant and support vessels for the Navy over the 
next 30 fiscal years. 
‘‘(B) A description of the necessary naval vessel 
force structure to meet the requirements of the na-
tional security strategy of the United States or the 
most recent quadrennial defense review, whichever is 
applicable under paragraph (1). 
‘‘(C) The estimated levels of annual funding 
necessary to carry out the program, together with a 
discussion of the procurement strategies on which 
such estimated levels of annual funding are based. 
‘‘(c) ASSESSMENT WHEN VESSEL CONSTRUCTION 
BUDGET IS INSUFFICIENT TO MEET APPLICABLE RE-
QUIREMENTS.—If the budget for a fiscal year provides for 
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funding of the construction of naval vessels at a level that 
is not sufficient to sustain the naval vessel force structure 
specified in the naval vessel construction plan for that fis-
cal year under subsection (a), the Secretary shall include 
with the defense budget materials for that fiscal year an 
assessment that describes and discusses the risks associ-
ated with the reduced force structure of naval vessels that 
will result from funding naval vessel construction at such 
level. Such assessment shall be coordinated in advance 
with the commanders of the combatant commands. 
‘‘(d) CBO EVALUATION.—Not later than 60 days 
after the date on which the congressional defense commit-
tees receive the plan under subsection (a)(1), the Director 
of the Congressional Budget Office shall submit to such 
committees a report assessing the sufficiency of the esti-
mated levels of annual funding included in such plan with 
respect to the budget submitted during the year in which 
the plan is submitted and the future-years defense pro-
gram submitted under section 221 of this title. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31. 
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‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year. 
‘‘(3) The term ‘quadrennial defense review’ 
means the review of the defense programs and poli-
cies of the United States that is carried out every 
four years under section 118 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 9 of such title is amended by 
striking the item relating to section 231 and inserting the 
following new item: 
‘‘231. Budgeting for construction of naval vessels: annual plan and certifi-
cation’’. 
SEC. 1022. NAMING OF NAVAL VESSEL AFTER UNITED 
STATES MARINE CORPS SERGEANT RAFAEL 
PERALTA. 
Congress strongly encourages the Secretary of the 
Navy to name the next available Naval vessel after United 
States Marine Corps Sergeant Rafael Peralta. 
Subtitle D—Counterterrorism 
SEC. 1031. DEFINITION OF INDIVIDUAL DETAINED AT 
GUANTANAMO. 
In this subtitle, the term ‘‘individual detained at 
Guantanamo’’ means any individual who is located at 
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United States Naval Station, Guantanamo Bay, Cuba, on 
or after March 7, 2011, who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is in the custody or under the effective con-
trol of the Department of Defense. 
SEC. 1032. EXTENSION OF AUTHORITY TO MAKE REWARDS 
FOR COMBATING TERRORISM. 
Section 127b of title 10, United States Code, is 
amended— 
(1) in subsection (c)(3)(C), by striking ‘‘Sep-
tember 30, 2011’’ and inserting ‘‘September 30, 
2014’’; and 
(2) in subsection (f)(1), by striking ‘‘Decem-
ber’’ and inserting ‘‘February’’. 
SEC. 1033. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN 
TRIAL OF CAPITAL OFFENSE BY MILITARY 
COMMISSION. 
(a) CLARIFICATION OF RIGHT.—Section 949m(b)(2) 
of title 10, United States Code, is amended— 
(1) in subparagraph (C), by inserting before the 
semicolon the following: ‘‘, or a guilty plea was ac-
cepted and not withdrawn prior to announcement of 
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