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S 1254 RSCommentsClose CommentsPermalink

Calendar No. 81CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1254CommentsClose CommentsPermalink

To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 22, 2011CommentsClose CommentsPermalink

Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Department of Defense Authorization Act for Fiscal Year 2012’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink





Sec. 4. Scoring of budgetary effects.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH-60R/S helicopters.CommentsClose CommentsPermalink

Subtitle C--Air Force Programs

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





Sec. 132. Availability of fiscal year 2011 funds for research and development relating to the B-2 bomber aircraft.CommentsClose CommentsPermalink





Sec. 133. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record.CommentsClose CommentsPermalink





Sec. 134. Limitations on use of funds to retire B-1 bomber aircraft.CommentsClose CommentsPermalink





Sec. 135. Limitation on retirement of U-2 aircraft.CommentsClose CommentsPermalink

Subtitle D--Joint and Multiservice Matters

Sec. 151. Inclusion of information on approved Combat Mission Requirements in quarterly reports on use of Combat Mission Requirement funds.CommentsClose CommentsPermalink





Sec. 152. F-35 Joint Strike Fighter aircraft.CommentsClose CommentsPermalink





Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program.CommentsClose CommentsPermalink





Sec. 154. Multiyear procurement authority for airframes for Army UH-60M/HH-60M helicopters and Navy MH-60R/MH-60S helicopters.CommentsClose CommentsPermalink





Sec. 155. Designation of undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program.CommentsClose CommentsPermalink





Sec. 156. Transfer of Air Force C-12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft to the Army.CommentsClose CommentsPermalink





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

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Prohibitions relating to use of funds for research, development, test, and evaluation on the F136 engine.CommentsClose CommentsPermalink





Sec. 212. Limitation on use of funds for Increment 2 of B-2 bomber aircraft extremely high frequency satellite communications program.CommentsClose CommentsPermalink





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





Sec. 214. Marine Corps ground combat vehicles.CommentsClose CommentsPermalink

Subtitle C--Missile Defense Matters

Sec. 231. Enhanced oversight of missile defense acquisition programs.CommentsClose CommentsPermalink





Sec. 232. Ground-based Midcourse Defense Program.CommentsClose CommentsPermalink





Sec. 233. Missile defense cooperation with Russia.CommentsClose CommentsPermalink

Subtitle D--Reports

Sec. 251. Extension of requirements for biennial roadmap and annual review and certification on funding for development of hypersonics.CommentsClose CommentsPermalink

Subtitle E--Other Matters

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink

Subtitle B--Energy and Environmental Provisions

Sec. 311. Modification of energy performance goals.CommentsClose CommentsPermalink





Sec. 312. Streamlined annual report on Defense Environmental Programs.CommentsClose CommentsPermalink





Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington.CommentsClose CommentsPermalink





Sec. 314. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina.CommentsClose CommentsPermalink





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

Subtitle C--Workplace and Depot Issues

Sec. 321. Minimum capital investment for certain depots.CommentsClose CommentsPermalink





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





Sec. 323. Designation of military industrial facilities as Centers of Industrial and Technical Excellence.CommentsClose CommentsPermalink





Sec. 324. Report on depot-level maintenance and recapitalization of certain parts and equipment.CommentsClose CommentsPermalink

Subtitle D--Reports

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





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





Sec. 333. Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings.CommentsClose CommentsPermalink





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

Subtitle E--Other Matters

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





Sec. 342. Working-capital fund accounting.CommentsClose CommentsPermalink





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





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





Sec. 345. Utility disruptions to military installations.CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink





Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink





Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink





Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink





Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 501. Increase in authorized strengths for Marine Corps officers on active duty.CommentsClose CommentsPermalink





Sec. 502. Voluntary retirement incentive.CommentsClose CommentsPermalink





Sec. 503. National Defense University outplacement waiver.CommentsClose CommentsPermalink





Sec. 504. Modification of definition of ‘joint duty assignment’ to include all instructor assignments for joint training and education.CommentsClose CommentsPermalink

Subtitle B--Reserve Component Management

Sec. 511. Authority for order to active duty of members of the Selected Reserve and certain members of the Individual Ready Reserve for preplanned missions.CommentsClose CommentsPermalink





Sec. 512. Modification of eligibility for consideration for promotion for certain reserve officers employed as military technicians (dual status).CommentsClose CommentsPermalink





Sec. 513. Modification of time in which preseparation counseling must be provided to reserve component members being demobilized.CommentsClose CommentsPermalink





Sec. 514. Report on termination of military technician as a distinct personnel management category.CommentsClose CommentsPermalink

Subtitle C--General Service Authorities

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





Sec. 522. Prohibition on denial of reenlistment of members for unsuitability based on the same medical condition for which they were determined to be fit for duty.CommentsClose CommentsPermalink





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





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





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





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

Subtitle D--Education and Training

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





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





Sec. 543. Reserve component mental health student stipend.CommentsClose CommentsPermalink





Sec. 544. Enrollment of certain seriously wounded, ill, or injured former or retired enlisted members of the Armed Forces in associate degree programs of the Community College of the Air Force in order to complete degree program.CommentsClose CommentsPermalink





Sec. 545. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC.CommentsClose CommentsPermalink





Sec. 546. Temporary authority to waive maximum age limitation on admission to the military service academies.CommentsClose CommentsPermalink

Subtitle E--Military Justice and Legal Matters Generally

Sec. 551. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice.CommentsClose CommentsPermalink





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





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





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

Subtitle F--Sexual Assault Prevention and Response

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





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





Sec. 563. Access of sexual assault victims to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.CommentsClose CommentsPermalink





Sec. 564. Requirement for privilege in cases arising under Uniform Code of Military Justice against disclosure of communications between sexual assault victims and Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and certain other persons.CommentsClose CommentsPermalink





Sec. 565. Expedited consideration and decision-making on requests for permanent change of station or unit transfer of victims of sexual assault.CommentsClose CommentsPermalink





Sec. 566. Department of Defense policy and procedures on retention and access to evidence and records relating to sexual assaults involving members of the Armed Forces.CommentsClose CommentsPermalink

Subtitle G--Defense Dependents’ Education

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink





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





Sec. 573. Three-year extension and enhancement of authorities on transition of military dependent students among local educational agencies.CommentsClose CommentsPermalink

Subtitle H--Military Family Readiness

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

Subtitle I--Other Matters

Sec. 581. Cold War Service Medal.CommentsClose CommentsPermalink





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





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





Sec. 584. Report on the achievement of diversity goals for the leadership of the Armed Forces.CommentsClose CommentsPermalink





Sec. 585. Specification of period in which application for voter registration or absentee ballot from an overseas voter is valid.CommentsClose CommentsPermalink

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Bonuses and Special and Incentive Pays

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





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

Subtitle B--Consolidation and Reform of Travel and Transportation Authorities

Sec. 621. Consolidation and reform of travel and transportation authorities of the uniformed services.CommentsClose CommentsPermalink





Sec. 622. Transition provisions.CommentsClose CommentsPermalink

Subtitle C--Disability, Retired Pay, and Survivor Benefits

Sec. 631. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members.CommentsClose CommentsPermalink





Sec. 632. Limitation on availability of certain funds pending report on provision of special compensation for members of the uniformed services with injury or illness requiring assistance in everyday living.CommentsClose CommentsPermalink





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

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--TRICARE Program

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





Sec. 702. Maintenance of the adequacy of provider networks under the TRICARE program.CommentsClose CommentsPermalink





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





Sec. 704. Modification of authorities on surveys on continued viability of TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink

Subtitle B--Other Health Care Benefits

Sec. 711. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States.CommentsClose CommentsPermalink





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





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

Subtitle C--Health Care Administration

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





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

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Waiver of requirements relating to new Milestone approval for certain major defense acquisition programs experiencing critical cost growth due to change in quantity purchased.CommentsClose CommentsPermalink





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





Sec. 803. Assessment, management, and control of operating and support costs for major weapon systems.CommentsClose CommentsPermalink





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





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





Sec. 806. Management of developmental test and evaluation for major defense acquisition programs.CommentsClose CommentsPermalink





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

Subtitle B--Acquisition Policy and Management

Sec. 821. Inclusion of data on contractor performance in past performance databases for source selection decisions.CommentsClose CommentsPermalink





Sec. 822. Implementation of recommendations of Defense Science Board Task Force on Service Contracting.CommentsClose CommentsPermalink





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





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





Sec. 825. Incorporation of corrosion prevention and control into requirements applicable to development and acquisition of weapon systems.CommentsClose CommentsPermalink





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

Subtitle C--Amendments Relating to General Contracting Authorities, Procedures, and Limitations

Sec. 841. Treatment for technical data purposes of independent research and development and bid and proposal costs.CommentsClose CommentsPermalink





Sec. 842. Extension to all management employees of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under Government contracts.CommentsClose CommentsPermalink





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





Sec. 844. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense.CommentsClose CommentsPermalink





Sec. 845. Prohibition on collection of political information.CommentsClose CommentsPermalink





Sec. 846. Waiver of ‘Buy American’ requirement for procurement of components otherwise producible overseas with specialty metal not produced in the United States.CommentsClose CommentsPermalink





Sec. 847. Comptroller General of the United States reports on noncompetitive and one-offer contracts awarded by the Department of Defense.CommentsClose CommentsPermalink

Subtitle D--Provisions Relating to Wartime Contracting

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





Sec. 862. Additional access to contractor and subcontractor records in the United States Central Command theater of operations.CommentsClose CommentsPermalink





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





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





Sec. 865. Reach-back contracting authority for Operation Enduring Freedom and Operation New Dawn.CommentsClose CommentsPermalink





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

Subtitle E--Other Matters

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





Sec. 882. Modification of delegation of authority to make determinations on entry into cooperative research and development agreements with NATO and other friendly organizations and countries.CommentsClose CommentsPermalink





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





Sec. 884. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and adjustment of threshold for inflation.CommentsClose CommentsPermalink





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





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





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





Sec. 888. Report on alternatives for the procurement of fire-resistant and fire-retardant fiber and materials for the production of military products.CommentsClose CommentsPermalink

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

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





Sec. 902. Designation of Department of Defense senior official with principal responsibility for airship programs.CommentsClose CommentsPermalink





Sec. 903. Memoranda of agreement on synchronization of enabling capabilities of general purpose forces with the requirements of special operations forces.CommentsClose CommentsPermalink





Sec. 904. Enhancement of administration of the United States Air Force Institute of Technology.CommentsClose CommentsPermalink





Sec. 905. Defense laboratory matters.CommentsClose CommentsPermalink





Sec. 906. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security interests.CommentsClose CommentsPermalink

Subtitle B--Space Activities

Sec. 911. Commercial space launch cooperation.CommentsClose CommentsPermalink





Sec. 912. Authority to designate increments or blocks of space vehicles as major subprograms subject to acquisition reporting requirements.CommentsClose CommentsPermalink





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

Subtitle C--Intelligence Matters

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





Sec. 922. Facilities for intelligence collection or special operations activities abroad.CommentsClose CommentsPermalink





Sec. 923. Ozone Widget Framework.CommentsClose CommentsPermalink





Sec. 924. Plan for incorporation of enterprise query and correlation capability into the Defense Intelligence Information Enterprise.CommentsClose CommentsPermalink

Subtitle D--Cybersecurity Matters

Sec. 931. Strategy to acquire capabilities to detect previously unknown cyber attacks.CommentsClose CommentsPermalink





Sec. 932. Program in support of Department of Defense policy on sustaining and expanding information sharing.CommentsClose CommentsPermalink

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.CommentsClose CommentsPermalink





Sec. 1002. Defense business systems.CommentsClose CommentsPermalink





Sec. 1003. Modification of authorities on certification and credential standards for financial management positions in the Department of Defense.CommentsClose CommentsPermalink





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

Subtitle B--Counter-Drug Activities

Sec. 1011. Five-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.CommentsClose CommentsPermalink





Sec. 1012. Five-year extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink





Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities.CommentsClose CommentsPermalink





Sec. 1014. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink





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

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Limitation on availability of funds for placing Maritime Prepositioning Ship squadrons on reduced operating status.CommentsClose CommentsPermalink





Sec. 1022. Modification of conditions on status of retired aircraft carrier ex-John F. Kennedy.CommentsClose CommentsPermalink





Sec. 1023. Authority to provide information for maritime safety of forces and hydrographic support.CommentsClose CommentsPermalink

Subtitle D--Detainee Matters

Sec. 1031. Authority to detain unprivileged enemy belligerents captured pursuant to the Authorization for Use of Military Force.CommentsClose CommentsPermalink





Sec. 1032. Required military custody for members of al-Qaeda and affiliated entities.CommentsClose CommentsPermalink





Sec. 1033. Permanent requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.CommentsClose CommentsPermalink





Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1035. Procedures for annual detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1036. Procedures for status determination of unprivileged enemy belligerents.CommentsClose CommentsPermalink





Sec. 1037. Clarification of right to plead guilty in trial of capital offense by military commission.CommentsClose CommentsPermalink

Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Management of Department of Defense installations.CommentsClose CommentsPermalink





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





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





Sec. 1044. Treatment under Freedom of Information Act of certain sensitive national security information.CommentsClose CommentsPermalink





Sec. 1045. Clarification of airlift service definitions relating to the Civil Reserve Air Fleet.CommentsClose CommentsPermalink





Sec. 1046. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and international peace and security organizations.CommentsClose CommentsPermalink





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





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

Subtitle F--Repeal and Modification of Reporting Requirements

PART I--Repeal of Reporting Requirements

Sec. 1061. Repeal of reporting requirements under title 10, United States Code.CommentsClose CommentsPermalink





Sec. 1062. Repeal of reporting requirements under annual defense authorization acts.CommentsClose CommentsPermalink





Sec. 1063. Repeal of reporting requirements under other laws.CommentsClose CommentsPermalink

PART II--Modification of Existing Reporting Requirements

Sec. 1066. Modification of reporting requirements under title 10, United States Code.CommentsClose CommentsPermalink





Sec. 1067. Modification of reporting requirements under other titles of the United States Code.CommentsClose CommentsPermalink





Sec. 1068. Modification of reporting requirements under annual defense authorization acts.CommentsClose CommentsPermalink





Sec. 1069. Modification of reporting requirements under other laws.CommentsClose CommentsPermalink

Subtitle G--Other Study and Report Matters

Sec. 1071. Modification of dates of Comptroller General of the United States review of executive agreement on joint medical facility demonstration project, North Chicago and Great Lakes, Illinois.CommentsClose CommentsPermalink





Sec. 1072. Report on plan to implement organizational goals recommended in the National Security Strategy-2010.CommentsClose CommentsPermalink





Sec. 1073. Biennial assessment of and report on delivery platforms for nuclear weapons and the nuclear command and control system.CommentsClose CommentsPermalink





Sec. 1074. Annual report on the nuclear weapons stockpile of the United States.CommentsClose CommentsPermalink





Sec. 1075. Nuclear employment strategy of the United States.CommentsClose CommentsPermalink





Sec. 1076. Study on the recruitment, retention, and development of cyberspace experts.CommentsClose CommentsPermalink





Sec. 1077. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites.CommentsClose CommentsPermalink





Sec. 1078. Report on integration of unmanned aerial systems into the national airspace system.CommentsClose CommentsPermalink





Sec. 1079. Study on United States force posture in East Asia and the Pacific region.CommentsClose CommentsPermalink

Subtitle H--Other Matters

Sec. 1081. Redesignation of psychological operations as military information support operations in title 10, United States Code, to conform to Department of Defense usage.CommentsClose CommentsPermalink





Sec. 1082. Termination of requirement for appointment of civilian members of National Security Education Board by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





Sec. 1083. Redesignation of Industrial College of the Armed Forces as the Dwight D. Eisenhower School for National Security and Resource Strategy.CommentsClose CommentsPermalink





Sec. 1084. Designation of Fisher House for the Families of the Fallen and Meditation Pavilion, Dover Air Force Base, Delaware, as a Fisher House.CommentsClose CommentsPermalink





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





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





Sec. 1087. Technical amendment.CommentsClose CommentsPermalink

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority of the Secretaries of the military departments to employ up to 10 persons without pay.CommentsClose CommentsPermalink





Sec. 1102. Extension of eligibility to continue Federal employee health benefits for certain employees of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1103. Authority for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program.CommentsClose CommentsPermalink





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





Sec. 1105. Modification of beneficiary designation authorities for death gratuity payable upon death of a United States Government employee in service with the Armed Forces.CommentsClose CommentsPermalink





Sec. 1106. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.CommentsClose CommentsPermalink





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

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Expansion of scope of humanitarian demining assistance authority to include stockpiled conventional munitions.CommentsClose CommentsPermalink





Sec. 1202. One-year extension and modification of authorities applicable to Commanders’ Emergency Response Program.CommentsClose CommentsPermalink





Sec. 1203. Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.CommentsClose CommentsPermalink





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





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





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





Sec. 1207. Global Security Contingency Fund.CommentsClose CommentsPermalink





Sec. 1208. Authority to build the capacity of certain counterterrorism forces of East African countries.CommentsClose CommentsPermalink





Sec. 1209. Support of forces participating in operations to disarm the Lord’s Resistance Army.CommentsClose CommentsPermalink

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

Sec. 1221. Extension and modification of logistical support for coalition forces supporting operations in Iraq and Afghanistan.CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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

Subtitle C--Reports and Other Matters

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





Sec. 1242. Comptroller General of the United States report on the National Guard State Partnership Program.CommentsClose CommentsPermalink

TITLE XIII--COOPERATIVE THREAT REDUCTION

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





Sec. 1302. Funding allocations.CommentsClose CommentsPermalink





Sec. 1303. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.CommentsClose CommentsPermalink

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.CommentsClose CommentsPermalink





Sec. 1402. National Defense Sealift Fund.CommentsClose CommentsPermalink





Sec. 1403. Defense Health Program.CommentsClose CommentsPermalink





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





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





Sec. 1406. Defense Inspector General.CommentsClose CommentsPermalink

Subtitle B--National Defense Stockpile

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





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

Subtitle C--Armed Forces Retirement Home

PART I--Authorization of Appropriations

Sec. 1421. Authorization of appropriations.CommentsClose CommentsPermalink

PART II--Armed Forces Retirement Home Authorities

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





Sec. 1423. Annual validation of multiyear accreditation.CommentsClose CommentsPermalink





Sec. 1424. Clarification of duties of Senior Medical Advisor.CommentsClose CommentsPermalink





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





Sec. 1426. Administrators and ombudsmen of facilities.CommentsClose CommentsPermalink





Sec. 1427. Inspection requirements.CommentsClose CommentsPermalink





Sec. 1428. Repeal of obsolete provisions.CommentsClose CommentsPermalink





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

Subtitle D--Other Matters

Sec. 1431. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.CommentsClose CommentsPermalink

TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A--Authorization of Appropriations

Sec. 1501. Purpose.CommentsClose CommentsPermalink





Sec. 1502. Procurement.CommentsClose CommentsPermalink





Sec. 1503. Research, development, test, and evaluation.CommentsClose CommentsPermalink





Sec. 1504. Operation and maintenance.CommentsClose CommentsPermalink





Sec. 1505. Military personnel.CommentsClose CommentsPermalink





Sec. 1506. Working capital funds.CommentsClose CommentsPermalink





Sec. 1507. Defense Health Program.CommentsClose CommentsPermalink





Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink





Sec. 1509. Defense Inspector General.CommentsClose CommentsPermalink

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.CommentsClose CommentsPermalink





Sec. 1522. Special transfer authority.CommentsClose CommentsPermalink

Subtitle C--Other Matters

Sec. 1531. One-year extension and modification of authority for Task Force for Business and Stability Operations in Afghanistan.CommentsClose CommentsPermalink





Sec. 1532. Modification of availability of funds in Afghanistan Security Forces Fund.CommentsClose CommentsPermalink





Sec. 1533. Limitation on availability of funds for Trans Regional Web Initiative.CommentsClose CommentsPermalink





Sec. 1534. Report on lessons learned from Department of Defense participation on interagency teams for counterterrorism operations in Afghanistan and Iraq.CommentsClose CommentsPermalink

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

For purposes of this Act, the term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 4. SCORING OF BUDGETARY EFFECTS.

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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink

TITLE I--PROCUREMENTCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.CommentsClose CommentsPermalink

Subtitle B--Navy ProgramsCommentsClose CommentsPermalink

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND COMMON COCKPITS FOR NAVY MH-60R/S HELICOPTERS.

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract or contracts, beginning with the fiscal year 2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters.CommentsClose CommentsPermalink





(b) Condition for Out-Year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.CommentsClose CommentsPermalink

Subtitle C--Air Force ProgramsCommentsClose CommentsPermalink

SEC. 131. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES.

(a) Contract Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Air Force may procure two advanced extremely high frequency satellites by entering into a fixed-price contract for such procurement.CommentsClose CommentsPermalink





(2) COST REDUCTION- The Secretary may include in a contract entered into under paragraph (1) the following:CommentsClose CommentsPermalink





(A) The procurement of material and equipment in economic order quantities if the procurement of such material and equipment in such quantities will result in cost savings.CommentsClose CommentsPermalink





(B) Cost reduction initiatives.CommentsClose CommentsPermalink





(3) USE OF INCREMENTAL FUNDING- The Secretary may use incremental funding for a contract entered into under paragraph (1) for a period not to exceed six fiscal years.CommentsClose CommentsPermalink





(4) LIABILITY- A contract entered into under paragraph (1) shall provide that--CommentsClose CommentsPermalink





(A) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; andCommentsClose CommentsPermalink





(B) the total liability of the Federal Government for the termination of the contract shall be limited to the total amount of funding obligated at the time of the termination of the contract.CommentsClose CommentsPermalink





(b) Limitation of Costs-CommentsClose CommentsPermalink





(1) LIMITATION- Except as provided in subsection (c), and excluding amounts described in paragraph (2), the total amount obligated or expended for the procurement of two advanced extremely high frequency satellites authorized by subsection (a) may not exceed $3,100,000,000.CommentsClose CommentsPermalink





(2) EXCLUSION- The amounts described in this paragraph are amounts associated with the following:CommentsClose CommentsPermalink





(A) Plans.CommentsClose CommentsPermalink





(B) Technical data packages.CommentsClose CommentsPermalink





(C) Post-delivery and program-related support costs.CommentsClose CommentsPermalink





(D) Technical support for obsolescence studies.CommentsClose CommentsPermalink





(c) Adjustment to Limitation Amount-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may increase the limitation set forth in subsection (b)(1) by the amount of an increase described in paragraph (2) if the Secretary submits to the congressional defense committees written notification of the increase made to that limitation.CommentsClose CommentsPermalink





(2) INCREASE DESCRIBED- An increase described in this paragraph is one of the following:CommentsClose CommentsPermalink





(A) An increase in costs that is attributable to economic inflation after September 30, 2011.CommentsClose CommentsPermalink





(B) An increase in costs that is attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2011.CommentsClose CommentsPermalink





(C) An increase in the cost of an advanced extremely high frequency satellite that is attributable to the insertion of a new technology into the satellite that was not built into such satellites procured before fiscal year 2012, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology into the satellite is--CommentsClose CommentsPermalink





(i) expected to decrease the life-cycle cost of the satellite; orCommentsClose CommentsPermalink





(ii) required to meet an emerging threat that poses grave harm to the national security of the United States.CommentsClose CommentsPermalink





(d) Reports-CommentsClose CommentsPermalink





(1) REPORT ON CONTRACTS- Not later than 30 days after the date on which the Secretary enters into a contract under subsection (a), the Secretary shall submit to the congressional defense committees a report on the contract that includes the following:CommentsClose CommentsPermalink





(A) The total cost savings resulting from the authority provided by subsection (a).CommentsClose CommentsPermalink





(B) The type and duration of the contract.CommentsClose CommentsPermalink





(C) The total value of the contract.CommentsClose CommentsPermalink





(D) The funding profile under the contract by year.CommentsClose CommentsPermalink





(E) The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract, including how any such changes may affect the success of the contract.CommentsClose CommentsPermalink





(2) PLAN FOR USING COST SAVINGS- Not later than 90 days after the date on which the Secretary enters into a contract under subsection (a), the Secretary shall submit to the congressional defense committees a plan for using the cost savings described in paragraph (1)(A) to improve the capability of military satellite communications that includes a description of the following:CommentsClose CommentsPermalink





(A) The available funds, by year, resulting from such cost savings.CommentsClose CommentsPermalink





(B) The specific activities or subprograms to be funded using such cost savings and the funds, by year, allocated to each such activity or subprogram.CommentsClose CommentsPermalink





(C) The objectives for each such activity or subprogram.CommentsClose CommentsPermalink





(D) The criteria used by the Secretary to determine which such activities or subprograms to fund.CommentsClose CommentsPermalink





(E) The method by which the Secretary will determine which such activities or subprograms to fund, including whether that determination will be on a competitive basis.CommentsClose CommentsPermalink





(F) The plan for encouraging participation in such activities and subprograms by small businesses.CommentsClose CommentsPermalink





(G) The process for determining how and when such activities and subprograms would transition to an existing program or be established as a new program of record.CommentsClose CommentsPermalink





(e) Use of Funds Available for Space Vehicle Number 5 for Space Vehicle Number 6- The Secretary may obligate and expend amounts authorized to be appropriated for fiscal year 2012 by section 101 for procurement for the Air Force as specified in the funding table in section 4101 and available for the advanced procurement of long-lead parts and the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 5 for the advanced procurement of long-lead parts and the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 6.CommentsClose CommentsPermalink





(f) Sense of Congress- It is the sense of Congress that the Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two advanced extremely high frequency satellites unless the Secretary determines that entering into such a contract will save the Air Force not less than 20 percent over the cost of procuring two such satellites separately.CommentsClose CommentsPermalink

SEC. 132. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND DEVELOPMENT RELATING TO THE B-2 BOMBER AIRCRAFT.

Of the unobligated balance of amounts appropriated for fiscal year 2011 for the Air Force and available for procurement of B-2 bomber aircraft aircraft modifications, post-production support, and other charges, $20,000,000 shall be available for fiscal year 2012 for research, development, test, and evaluation with respect to a conventional mixed load capability for the B-2 bomber aircraft.CommentsClose CommentsPermalink

SEC. 133. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT ALTERNATIVE OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL INCREMENT 1 PROGRAM OF RECORD.

(a) In General- Of the unobligated balance of amounts appropriated for fiscal year 2011 for the Air Force and available for procurement of B-2 bomber aircraft aircraft modifications, post-production support, and other charges, $15,000,000 shall be available to support alternative options for the extremely high frequency terminal Increment 1 program of record.CommentsClose CommentsPermalink





(b) Plan to Secure Protected Communications- Not later than February 1, 2012, the Secretary of the Air Force shall submit to the congressional defense committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 bomber aircraft and other aircraft.CommentsClose CommentsPermalink

SEC. 134. LIMITATIONS ON USE OF FUNDS TO RETIRE B-1 BOMBER AIRCRAFT.

(a) In General- None of the funds authorized to be appropriated by this Act for fiscal year 2012 for the Department of Defense may be obligated or expended--CommentsClose CommentsPermalink





(1) on or before the date on which the Secretary of the Air Force submits to the congressional defense committees the plan described in subsection (b), to retire any B-1 bomber aircraft; orCommentsClose CommentsPermalink





(2) after that date, to retire more than six B-1 bomber aircraft.CommentsClose CommentsPermalink





(b) Plan Described- The plan described in this subsection is a plan for retiring B-1 bomber aircraft that includes the following:CommentsClose CommentsPermalink





(1) An identification of each B-1 bomber aircraft that will be retired and the disposition plan for such aircraft.CommentsClose CommentsPermalink





(2) An estimate of the savings that will result from the proposed retirement of six B-1 bomber aircraft in each calendar year through calendar year 2022.CommentsClose CommentsPermalink





(3) An estimate of the amount of the savings described in paragraph (2) that will be reinvested in the modernization of B-1 bomber aircraft still in service in each calendar year through calendar year 2022.CommentsClose CommentsPermalink





(4) A modernization plan for sustaining the remaining B-1 bomber aircraft through at least calendar year 2022.CommentsClose CommentsPermalink





(5) An estimate of the amount of funding required to fully fund the modernization plan described in paragraph (4) for each calendar year through calendar year 2022.CommentsClose CommentsPermalink





(c) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) an amount that is not less than 60 percent of the savings achieved in each calendar year through calendar year 2022 resulting from the retirement of B-1 bomber aircraft should be reinvested in modernizing and sustaining bomber aircraft; andCommentsClose CommentsPermalink





(2) an amount that is not less than 35 percent of the amount described in paragraph (1) should be reinvested in modernizing and sustaining the remaining B-1 bomber aircraft through at least calendar year 2022.CommentsClose CommentsPermalink

SEC. 135. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.

(a) Limitation- The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining the U-2 aircraft fleet in its current configuration and capability beyond fiscal year 2016 until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the appropriate committees of Congress that the operating and sustainment (O&S) costs for the Global Hawk unmanned aerial vehicle (UAV) are less than the operating and sustainment costs for the U-2 aircraft on a comparable flight-hour cost basis.CommentsClose CommentsPermalink





(b) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink

Subtitle D--Joint and Multiservice MattersCommentsClose CommentsPermalink

SEC. 151. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT MISSION REQUIREMENT FUNDS.

Section 123(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4159; 10 U.S.C. 167 note) is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(6) A table setting forth the Combat Mission Requirements approved during the fiscal year in which such report is submitted and the two preceding fiscal years, including for each such Requirement--CommentsClose CommentsPermalink





‘(A) the title of such Requirement;CommentsClose CommentsPermalink





‘(B) the date of approval of such Requirement; andCommentsClose CommentsPermalink





‘(C) the amount of funding approved for such Requirement, and the source of such approved funds.CommentsClose CommentsPermalink





‘(7) A statement of the amount of any unspent Combat Mission Requirements funds from the fiscal year in which such report is submitted and the two preceding fiscal years.’.CommentsClose CommentsPermalink

SEC. 152. F-35 JOINT STRIKE FIGHTER AIRCRAFT.

In entering into a contract for the procurement of aircraft for the fifth low-rate initial production contract lot (LRIP-5) for the F-35 Lightning II Joint Strike Fighter aircraft, the Secretary of Defense shall ensure each of the following:CommentsClose CommentsPermalink





(1) That the contract is a fixed price contract.CommentsClose CommentsPermalink





(2) That the contract requires the contractor to assume full responsibility for costs under the contract above the target cost specified in the contract.CommentsClose CommentsPermalink

SEC. 153. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009 MEASURES WITHIN THE JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

At the same time the budget of the President for fiscal year 2013 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Under Secretary for Acquisition, Technology, and Logistics shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plans of the Department of Defense to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23), and the amendments made by that Act, within the Joint Strike Fighter (JSF) aircraft program. The report shall set forth the following:CommentsClose CommentsPermalink





(1) Specific goals for implementing the requirements of the Weapon Systems Acquisition Reform Act of 2009, and the amendments made by that Act, within the Joint Strike Fighter aircraft program.CommentsClose CommentsPermalink





(2) A schedule for achieving each goal set forth under paragraph (1) for the Joint Strike Fighter aircraft program.CommentsClose CommentsPermalink

SEC. 154. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY UH-60M/HH-60M HELICOPTERS AND NAVY MH-60R/MH-60S HELICOPTERS.

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2012 program year, for the procurement of airframes for UH-60M/HH-60M helicopters and, acting as the executive agent for the Department of the Navy, for the procurement of airframes for MH-60R/MH-60S helicopters.CommentsClose CommentsPermalink





(b) Condition for Out-year Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.CommentsClose CommentsPermalink

SEC. 155. DESIGNATION OF UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE UNITED STATES SPECIAL OPERATIONS COMMAND AS A MAJOR DEFENSE ACQUISITION PROGRAM.

(a) Designation- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate the undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program (MDAP).CommentsClose CommentsPermalink





(b) Elements- The major defense acquisition program designated under subsection (a) shall consist of the elements as follows:CommentsClose CommentsPermalink





(1) The Dry Combat Submersible-Light program.CommentsClose CommentsPermalink





(2) The Dry Combat Submersible-Medium program.CommentsClose CommentsPermalink





(3) The Shallow Water Combat Submersible program.CommentsClose CommentsPermalink





(4) The Next-Generation Submarine Shelter program.CommentsClose CommentsPermalink

SEC. 156. TRANSFER OF AIR FORCE C-12 LIBERTY INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT TO THE ARMY.

(a) Plan for Transfer- The Secretary of Defense shall develop and carry out a plan for the orderly transfer of the Air Force C-12 Liberty Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the Army to avoid the need for the Army to procure additional C-12 aircraft for the replacement of the Guardrail aircraft fleet under the Enhanced Medium Altitude Reconnaissance and Surveillance System (EMARSS) program.CommentsClose CommentsPermalink





(b) Elements- The plan required by subsection (a) shall--CommentsClose CommentsPermalink





(1) take into account the ability of Army personnel now operating the Guardrail aircraft to take over operation of C-12 Liberty aircraft as Guardrail aircraft are retired, freeing up Air Force personnel for reallocation to meet the expanding orbit requirements for Unmanned Aerial Systems;CommentsClose CommentsPermalink





(2) take into account the need to sustain intelligence, surveillance, and reconnaissance support for forces deployed to Afghanistan and elsewhere; andCommentsClose CommentsPermalink





(3) provide for the modification of the Liberty C-12 aircraft transferred under the plan to meet the long-term needs of the Army for the Enhanced Medium Altitude Reconnaissance and Surveillance System configuration to replace the Guardrail system.CommentsClose CommentsPermalink





(c) Report- Not later than the date on which the budget for fiscal year 2013 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense and intelligence committees a report on the plan required by subsection (a). The report shall include a description of the plan and an estimate of the costs to be avoided through cancellation of aircraft procurement under the Enhanced Medium Altitude Reconnaissance and Surveillance System program by reason of the transfer of aircraft under the plan.CommentsClose CommentsPermalink

SEC. 157. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-ENGINING PROGRAM.

(a) Report on Audit of Funds for Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Air Force Audit Agency shall submit to the congressional defense committees the results of a financial audit of the funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System (JSTARS) aircraft re-engining program.CommentsClose CommentsPermalink





(2) ELEMENTS- The report on the audit required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A description of how the funds described in that paragraph were expended, including--CommentsClose CommentsPermalink





(i) an assessment of the existence, completeness, and cost of the assets acquired with such funds; andCommentsClose CommentsPermalink





(ii) an assessment of the costs that were capitalized as military equipment and inventory and the cost characterized as operating expenses (including payroll, freight and shipment, inspection, and other operating costs).CommentsClose CommentsPermalink





(B) A statement of the amount of such funds that remain available for obligation and expenditure, and in which accounts.CommentsClose CommentsPermalink





(b) Use of Remaining Funds- The Secretary of the Air Force shall take appropriate actions to ensure that any funds described by subsection (a)(2)(B) are obligated and expended for the purpose for which originally authorized and appropriated, including, but not limited to, the installation of two engine shipsets on two operational Joint Surveillance Target Attack Radar System aircraft and the purchase of two spare engines.CommentsClose CommentsPermalink

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.CommentsClose CommentsPermalink

Subtitle B--Program Requirements, Restrictions, and LimitationsCommentsClose CommentsPermalink

SEC. 211. PROHIBITIONS RELATING TO USE OF FUNDS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ON THE F136 ENGINE.

(a) Prohibition on Use of Funds for RDT&E- None of the amounts authorized to be appropriated by this Act may be obligated or expended for research, development, test, or evaluation on the F136 engine.CommentsClose CommentsPermalink





(b) Prohibition on Treatment of Certain Expenditures as Allowable Charges- No research, development, test, or evaluation on the F136 engine that is conducted and funded by the contractor may be considered an allowable charge on any future government contract, whether as a direct or indirect cost.CommentsClose CommentsPermalink

SEC. 212. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE COMMUNICATIONS PROGRAM.

None of the funds authorized to be appropriated by section 201 for research, development, test, and evaluation for the Air Force as specified in the funding table in section 4201 and available for Increment 2 of the B-2 bomber aircraft extremely high frequency satellite communications program may be obligated or expended until the date that is 15 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the following:CommentsClose CommentsPermalink





(1) The certification of the Secretary that--CommentsClose CommentsPermalink





(A) the United States Government will own the data rights to any extremely high frequency active electronically steered array antenna developed for use as part of a system to support extremely high frequency protected satellite communications for the B-2 bomber aircraft; andCommentsClose CommentsPermalink





(B) the use of an extremely high frequency active electronically steered array antenna is the most cost effective and lowest risk option available to support extremely high frequency satellite communications for the B-2 bomber aircraft.CommentsClose CommentsPermalink





(2) A detailed plan setting forth the projected cost and schedule for research, development, and testing on the extremely high frequency active electronically steered array antenna.CommentsClose CommentsPermalink

SEC. 213. UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE.

Of the amounts authorized to be appropriated for fiscal year 2012 for the Navy for research, development, test, and evaluation and available for purposes of the Unmanned Carrier Launched Airborne Surveillance and Strike (UCLASS) program (PE 64404N) as specified in the funding table in section 4201, not more than 50 percent may be obligated or expended for such purposes until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees that the Under Secretary has approved an acquisition plan for that program at Milestone A approval that requires implementation of open architecture standards for that program.CommentsClose CommentsPermalink

SEC. 214. MARINE CORPS GROUND COMBAT VEHICLES.

(a) Limitation on Milestone B Approval for Marine Personnel Carrier Pending Analysis of Alternatives for Amphibious Combat Vehicle-CommentsClose CommentsPermalink





(1) LIMITATION- Milestone B approval may not be granted for the Marine Personnel Carrier (MPC) until 30 days after the date of the submittal to the congressional defense committees of an Analysis of Alternatives (AoA) for the Amphibious Combat Vehicle (ACV).CommentsClose CommentsPermalink





(2) REQUIREMENTS FOR ANALYSIS OF ALTERNATIVES- The Analysis of Alternatives for the Amphibious Combat Vehicle required by paragraph (1) shall include each of the following:CommentsClose CommentsPermalink





(A) An assessment of the ability of the Navy to defend its vessels against attacks at distances from shore ranging from 10-to-30 nautical miles during amphibious assault operations in multiple potential future conflict scenarios, based on existing and planned and budgeted defense capabilities. The assessment shall identify the key issues and variables that determine survivability in each of the scenarios assessed.CommentsClose CommentsPermalink





(B) An assessment of the amount of time Marines can be expected to ride in a non-planing amphibious assault vehicle without suffering a significant degradation in combat effectiveness. The Marine Corps shall conduct tests to support such assessment using existing Amphibious Assault Vehicles and Expeditionary Fighting Vehicle SDD-2 prototypes.CommentsClose CommentsPermalink





(C) An assessment of the armor protection levels the Amphibious Combat Vehicle would require to satisfy the requirements for the Marine Personnel Carrier program, and an assessment whether a non-planing Amphibious Combat Vehicle could practically achieve that armor protection level while meeting other objectives for mobility and cost.CommentsClose CommentsPermalink





(D) An assessment of whether an Amphibious Combat Vehicle system could perform the range of amphibious assault and land warfare missions for the Marine Corps at a life-cycle cost approximately equal to or less than the combined cost of the Amphibious Combat Vehicle and Marine Personnel Carrier programs, and an assessment of the extent to which a ground combat vehicle fleet composed entirely of Amphibious Combat Vehicles would enhance the amphibious assault capabilities of the Marine Corps when compared with a fleet composed of a mixture of Amphibious Combat Vehicles and Marine Personnel Carriers.CommentsClose CommentsPermalink





(3) SUPPORT OF ANALYSIS OF ALTERNATIVES- The Marine Corps may conduct such technology development and demonstration, and such other pre-acquisition activities, tests, exercises, and modeling, as the Marine Corps considers necessary to support the Analysis of Alternatives required by paragraph (1) and the establishment of requirements for the Amphibious Combat Vehicle.CommentsClose CommentsPermalink





(b) Limitation on Milestone B Approval for Various Vehicles Pending Life-cycle Cost Assessment-CommentsClose CommentsPermalink





(1) LIMITATION- Milestone B approval may not be granted for any Marine Corps ground combat vehicle specified in paragraph (2) until 30 days after the date of the submittal to the congressional defense committees of a life-cycle cost assessment of the portfolio of Marine Corps ground vehicles performed by the Director of Cost Assessment and Program Evaluation of the Department of Defense.CommentsClose CommentsPermalink





(2) COVERED VEHICLES- The Marine Corps ground combat vehicles specified in this paragraph are the following:CommentsClose CommentsPermalink





(A) The Marine Personnel Carrier.CommentsClose CommentsPermalink





(B) The Amphibious Combat Vehicle.CommentsClose CommentsPermalink





(C) The Joint Light Tactical Vehicle (JLTV).CommentsClose CommentsPermalink





(D) Any other ground combat vehicle of the Marine Corps under development as of the date of the enactment of this Act for which Milestone B approval has not been granted as of that date.CommentsClose CommentsPermalink





(c) Availability of Funds- Of the amounts authorized to be appropriated for fiscal year 2012 by section 201 and available for research, development, test, and evaluation for the Navy as specified in the funding tables in section 4201 for Program Elements 0603611M and 0206623M for the Amphibious Combat Vehicle, the Assault Amphibious Vehicle 7A1, and the Marine Personnel Carrier, $30,000,000 is available for pre-acquisition activities in support of the Analysis of Alternatives and requirements definition for the Amphibious Combat Vehicle.CommentsClose CommentsPermalink





(d) Milestone B Approval Defined- In this section, the term ‘Milestone B approval’ has the meaning given that term in section 2366(e)(7) of title 10, United States Code.CommentsClose CommentsPermalink

Subtitle C--Missile Defense MattersCommentsClose CommentsPermalink

SEC. 231. ENHANCED OVERSIGHT OF MISSILE DEFENSE ACQUISITION PROGRAMS.

(a) In General- Section 225 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4170; 10 U.S.C. 233 note) is amended--CommentsClose CommentsPermalink





(1) in subsection (d), by striking ‘each report’ and inserting ‘each of the first three reports’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Comptroller General Assessment- (1) At the end of each of fiscal years 2012 through 2015, the Comptroller General of the United States shall review the annual reports on acquisition baselines and variances required under subsection (c) and assess the extent to which the Missile Defense Agency has achieved its acquisition goals and objectives.CommentsClose CommentsPermalink





‘(2) Not later than February 15, 2013, and each year thereafter through 2016, the Comptroller General shall submit to the congressional defense committees a report on the assessment under paragraph (1) with respect to the acquisition baselines for the preceding fiscal year. Each report shall include any findings and recommendations on missile defense acquisition programs and accountability therefore that the Comptroller General considers appropriate.’.CommentsClose CommentsPermalink





(b) Repeal of Superseded Reporting Authority- Section 232 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended by striking subsection (g).CommentsClose CommentsPermalink

SEC. 232. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System was deployed initially in 2004 as a contingency capability to provide initial protection of the United States homeland against potential limited long-range missile attacks by nations such as North Korea and Iran.CommentsClose CommentsPermalink





(2) As the Director of Operational Test and Evaluation has reported, prior to the decision in December 2002 to deploy the system, an operationally representative variant of the Ground-Based Interceptor had not been flight-tested.CommentsClose CommentsPermalink





(3) As the Department of Defense and the Government Accountability Office have acknowledged, the Ground-based Midcourse Defense system experienced high levels of concurrency in development and deployment, which led to a number of problems. In April 2011, the Missile Defense Agency acknowledged that the system ‘is still evolving and has not attained a stable configuration between missiles. It is still an ‘operational prototype’ system’.CommentsClose CommentsPermalink





(4) The Director of Operational Test and Evaluation reported in December 2010 that there have not been enough flight tests of the Ground-based Midcourse Defense system to permit an objective assessment of its operational effectiveness, suitability data remain insufficient, evaluation of survivability remains limited, and a ‘full end-to end performance assessment is still a minimum of 6 years away’.CommentsClose CommentsPermalink





(5) As is to be expected from a developmental system, the Ground-based Midcourse Defense system has experienced a number of technical problems in flight tests. Many of these problems have been resolved with further development, as demonstrated in successful flight tests. The system has been under continuous improvement since it was first deployed, but has not yet obtained desired levels of effectiveness, suitability, or reliability.CommentsClose CommentsPermalink





(6) In 2009, the Secretary of Defense announced that the Department of Defense would refocus efforts on improving the operational capability, reliability, and availability of the Ground-based Midcourse Defense system in order to maintain its ability to stay ahead of projected threats from North Korea and Iran for the foreseeable future.CommentsClose CommentsPermalink





(7) In February 2010 the Ballistic Missile Defense Review stated the United States is currently protected against limited intercontinental ballistic missile attacks as a result of investments made over the past decade in the Ground-based Midcourse Defense system and reiterated the commitment to improving the operational capability, reliability, and availability of the Ground-based Midcourse Defense System.CommentsClose CommentsPermalink





(8) The two most recent flight tests of the Ground-based Midcourse Defense system, using the newest Capability Enhancement-2 Exo-atmospheric Kill Vehicle (EKV) design, each failed to achieve the intended interception of a target.CommentsClose CommentsPermalink





(9) The two most recent flight tests are not indicative of the functionality of the Capability Enhancement-1 Exo-atmospheric Kill Vehicle design, which continues to provide the United States protection against a limited intercontinental ballistic missile attack.CommentsClose CommentsPermalink





(10) The Missile Defense Agency established a Failure Review Board to determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system. Its analysis will inform the proposed correction of the problem causing the flight-test failure.CommentsClose CommentsPermalink





(11) The Missile Defense Agency plans to design a correction of the problem causing the December 2010 flight-test failure and to verify the correction through extensive modeling and simulation, ground testing, and two flight tests, the first of which will not be an interception test.CommentsClose CommentsPermalink





(12) Until completing the verification of its corrective action, the Missile Defense Agency has suspended further production of Exo-atmospheric Kill Vehicles to ensure that potential flaws are not incorporated into them, and to permit any corrective action that may be needed to Exo-atmospheric Kill Vehicles at minimal cost and schedule risk.CommentsClose CommentsPermalink





(13) The Director of the Missile Defense Agency has testified that the Missile Defense Agency has sufficient funding available and planned for fiscal years 2011 and 2012, respectively, to implement the planned correction of the problem causing the December 2010 flight-test failure.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) it is essential for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland, throughout its operational service life, against limited future missile attacks from nations such as North Korea and Iran;CommentsClose CommentsPermalink





(2) the Missile Defense Agency should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system, design a correction of the problem causing the flight-test failure, and verify through extensive testing that such correction is effective and will allow the Ground-based Midcourse Defense system to reach levels described in paragraph (1);CommentsClose CommentsPermalink





(3) before verifying the success of the correction of the problem causing the December 2010 flight-test failure, the Missile Defense Agency should suspend further production of Exo-atmospheric Kill Vehicles to ensure that they will not be deployed with any component or design flaws that may have caused the flight-test failure;CommentsClose CommentsPermalink





(4) after the Missile Defense Agency has verified the correction of the problem causing the December 2010 flight-test failure, including through the two previously unplanned verification flight tests, the Agency should assess the need for any additional Ground-Based Interceptors and any additional steps needed for the Ground-based Midcourse Defense testing and sustainment program; andCommentsClose CommentsPermalink





(5) the Department of Defense should plan for and budget sufficient future funds for the Ground-based Midcourse Defense program to ensure the ability to complete and verify an effective correction of the problem causing the December 2010 flight-test failure, and to mitigate the effects of corrective actions on previously planned program work that is deferred as a result of such corrective actions.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) REPORTS REQUIRED- Not later than 120 days after the date of the enactment of this Act, and one year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan of the Department of Defense to correct the problem causing the December 2010 flight-test failure of the Ground-based Midcourse Defense system, and any progress toward the achievement of that plan.CommentsClose CommentsPermalink





(2) ELEMENTS- Each report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A detailed discussion of the plan to correct the problem described in that paragraph, including plans for diagnostic, design, testing, and manufacturing actions.CommentsClose CommentsPermalink





(B) A detailed discussion of any results obtained from the plan described in subparagraph (A) as of the date of such report, including diagnostic, design, testing, or manufacturing results.CommentsClose CommentsPermalink





(C) A description of any cost or schedule impact of the plan on the Ground-based Midcourse Defense program, including on testing, production, refurbishment, or deferred work.CommentsClose CommentsPermalink





(D) A description of any planned adjustments to the Ground-based Midcourse Defense program as a result of the implementation of the plan, including future programmatic, schedule, testing, or funding adjustments.CommentsClose CommentsPermalink





(E) A description of any enhancements to the capability of the Ground-based Midcourse Defense system achieved or planned since the submittal of the budget for fiscal year 2010 pursuant to section 1105 of title 31, United States Code.CommentsClose CommentsPermalink





(3) FORM- Each report required by paragraph (1) shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink

SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA.

(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) For more than a decade, the United States and Russia have discussed a variety of options for cooperation on shared early warning and ballistic missile defense. For example, on May 1, 2001, President George W. Bush spoke of a ‘new cooperative relationship’ with Russia and said it ‘should be premised on openness, mutual confidence and real opportunities for cooperation, including the area of missile defense. It should allow us to share information so that each nation can improve its early warning capability, and its capability to defend its people and territory. And perhaps one day, we can even cooperate in a joint defense’.CommentsClose CommentsPermalink





(2) Section 1231 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 1654A-329) authorized the Department of Defense to establish in Russia a ‘joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles’, also known as the Joint Data Exchange Center (JDEC).CommentsClose CommentsPermalink





(3) On March 31, 2008, Deputy Secretary of Defense Gordon England stated that ‘we have offered Russia a wide-ranging proposal to cooperate on missile defense--everything from modeling and simulation, to data sharing, to joint development of a regional missile defense architecture--all designed to defend the United States, Europe, and Russia from the growing threat of Iranian ballistic missiles. An extraordinary series of transparency measures have also been offered to reassure Russia. Despite some Russian reluctance to sign up to these cooperative missile defense activities, we continue to work toward this goal’.CommentsClose CommentsPermalink





(4) On July 6, 2009, President Barack Obama and Russian President Dmitry Medvedev issued a joint statement on missile defense issues, which stated that ‘Russia and the United States plan to continue the discussion concerning the establishment of cooperation in responding to the challenge of ballistic missile proliferation. . . We have instructed our experts to work together to analyze the ballistic missile challenges of the 21st century and to prepare appropriate recommendations’.CommentsClose CommentsPermalink





(5) The February 2010 report of the Ballistic Missile Defense Review established as one of its central policy pillars that increased international missile defense cooperation is in the national security interest of the United States and, with regard to cooperation with Russia, the United States ‘is pursuing a broad agenda focused on shared early warning of missile launches, possible technical cooperation, and even operational cooperation’.CommentsClose CommentsPermalink





(6) at the November 2010 Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to develop a missile defense system to ‘protect NATO European populations, territory and forces’ and also to seek cooperation with Russia on missile defense. In its Lisbon Summit Declaration, the North Atlantic Treaty Organization reaffirmed its readiness to ‘invite Russia to explore jointly the potential for linking current and planned missile defence systems at an appropriate time in mutually beneficial ways’. The new NATO Strategic Concept adopted at the Lisbon Summit states that ‘we will actively seek cooperation on missile defence with Russia’, that ‘NATO-Russia cooperation is of strategic importance’, and that ‘the security of the North Atlantic Treaty Organization and Russia is intertwined’.CommentsClose CommentsPermalink





(7) In a December 18, 2010, letter to the leadership of the Senate, President Obama wrote that the North Atlantic Treaty Organization ‘invited Russia to cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. The Lisbon Summit thus demonstrated that the Alliance’s missile defenses can be strengthened by improving NATO-Russian relations. This comes even as we have made clear that the system we intend to pursue with Russia will not be a joint system, and it will not in any way limit United States’ or NATO’s missile defense capabilities. Effective cooperation with Russia could enhance the overall efficiency of our combined territorial missile defenses, and at the same time provide Russia with greater security’.CommentsClose CommentsPermalink





(8) Section 221(a)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4167) states that it is the sense of Congress ‘to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats’.CommentsClose CommentsPermalink





(9) In a speech in Russia on March 21, 2011, Secretary of Defense Robert Gates cited ‘the NATO-Russian decision to cooperate on defense against ballistic missiles. We’ve disagreed before, and Russia still has uncertainties about the European Phased Adaptive Approach, a limited system that poses no challenges to the large Russian nuclear arsenal. However, we’ve mutually committed to resolving these difficulties in order to develop a roadmap toward truly effective anti-ballistic missile collaboration. This collaboration may include exchanging launch information, setting up a joint data fusion center, allowing greater transparency with respect to our missile defense plans and exercises, and conducting a joint analysis to determine areas of future cooperation’.CommentsClose CommentsPermalink





(10) In testimony to the Committee on Armed Services of the Senate on April 13, 2011, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley H. Roberts stated that the United States has been pursuing a Defense Technology Cooperation Agreement with Russia since 2004, and that such an agreement is necessary ‘for the safeguarding of sensitive information in support of cooperation’ on missile defense, and to ‘provide the legal framework for undertaking cooperative efforts.’ Further, Dr. Roberts stated that the United States would not provide any classified information to Russia without first conducting a National Disclosure Policy review. He also stated that the United States is not considering sharing ‘hit-to-kill’ technology with Russia.CommentsClose CommentsPermalink





(11) The United States and Russia already engage in substantial cooperation on a number of international security efforts, including nuclear nonproliferation, anti-piracy, counter-narcotics, nuclear security, counter-terrorism, and logistics resupply through Russia of coalition forces in Afghanistan. These areas of cooperation require each side to share and protect sensitive information, which they have both done successfully.CommentsClose CommentsPermalink





(12) The United States currently has shared early warning agreements and programs of cooperation with eight nations in addition to the North Atlantic Treaty Organization. The United States has developed procedures and mechanisms for sharing early warning information with partner nations while ensuring the protection of sensitive United States information.CommentsClose CommentsPermalink





(13) Russia and the United States each have missile launch early warning and detection and tracking sensors that could contribute to and enhance each others’ ability to detect, track, an defend against ballistic missile threats from Iran.CommentsClose CommentsPermalink





(14) The Obama Administration has provided regular briefings to Congress on its discussions with Russia on possible missile defense cooperation.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) it is in the national security interest of the United States to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States, its North Atlantic Treaty Organization allies, and Russia, particularly against missile threats from Iran;CommentsClose CommentsPermalink





(2) the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral basis and a multilateral basis with its North Atlantic Treaty Organization allies, particularly through the NATO-Russia Council;CommentsClose CommentsPermalink





(3) missile defense cooperation with Russia should not ‘in any way limit United States’ or NATO’s missile defense capabilities’, as acknowledged in the December 18, 2010, letter from President Obama to the leadership of the Senate, and should be mutually beneficial and reciprocal in nature; andCommentsClose CommentsPermalink





(4) the United States should pursue missile defense cooperation with Russia in a manner that ensures that--CommentsClose CommentsPermalink





(A) United States classified information is appropriately safeguarded and protected from unauthorized disclosure;CommentsClose CommentsPermalink





(B) prior to sharing classified information with Russia, the United States conducts a National Disclosure Policy review and determines the types and levels of information that may be shared and whether any additional procedures are necessary to protect such information;CommentsClose CommentsPermalink





(C) prior to entering into missile defense technology cooperation projects, the United States enters into a Defense Technology Cooperation Agreement with Russia that establishes the legal framework for a broad spectrum of potential cooperative defense projects; andCommentsClose CommentsPermalink





(D) such cooperation does not limit the missile defense capabilities of the United States or its North Atlantic Treaty Organization allies.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on the status of efforts to reach agreement with Russia on missile defense cooperation.CommentsClose CommentsPermalink





(2) ELEMENTS- The report required under paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) A summary of the status of discussions between the United States and Russia, and between the North Atlantic Treaty Organization and Russia, on efforts to agree on missile defense cooperation.CommentsClose CommentsPermalink





(B) A description of any agreements reached pursuant to such discussions, and any specific cooperative measures agreed, implemented, or planned.CommentsClose CommentsPermalink





(C) A discussion of the manner in which such cooperative measures would enhance the security of the United States, and the manner in which such cooperative measures fit within the larger context of United States-Russian cooperation on international security.CommentsClose CommentsPermalink





(D) A description of the status of efforts to conclude a bilateral Defense Technology Cooperation Agreement with Russia.CommentsClose CommentsPermalink





(E) A description of the status of any National Disclosure Policy Review relative to the possible sharing of classified information with Russia concerning missile defense cooperation.CommentsClose CommentsPermalink





(F) A discussion of the actions that are being taken or are planned to be taken to safeguard United States classified information in any agreement or discussions with Russia concerning missile defense cooperation.CommentsClose CommentsPermalink





(3) FORM OF REPORT- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink





(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(A) the Committees on Armed Services, Foreign Relations, and Appropriations of the Senate; andCommentsClose CommentsPermalink





(B) the Committees on Armed Services, Foreign Affairs, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink

Subtitle D--ReportsCommentsClose CommentsPermalink

SEC. 251. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP AND ANNUAL REVIEW AND CERTIFICATION ON FUNDING FOR DEVELOPMENT OF HYPERSONICS.

Section 218(e)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2126; 10 U.S.C. 2358 note) is amended by striking ‘2012’ and inserting ‘2020’.CommentsClose CommentsPermalink

Subtitle E--Other MattersCommentsClose CommentsPermalink

SEC. 261. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.

Section 243 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4178; 10 U.S.C. 2358 note) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink





‘(b) Cost-sharing- Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system either (1) for the development of program protection strategies for the system, or (2) for the design and incorporation of exportability features into the system shall include a cost-sharing provision that requires the contractor to bear at least one half of the cost of such activities.’.CommentsClose CommentsPermalink

TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink

Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.CommentsClose CommentsPermalink

Subtitle B--Energy and Environmental ProvisionsCommentsClose CommentsPermalink

SEC. 311. MODIFICATION OF ENERGY PERFORMANCE GOALS.

(a) Modification of Goals- Section 2911(e) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the subsection heading, by striking ‘Goal’ and inserting ‘Goals’; andCommentsClose CommentsPermalink





(2) in paragraph (1)--CommentsClose CommentsPermalink





(A) by redesignating subparagraphs (A) and (B) as subparagraphs (D) and (E), respectively; andCommentsClose CommentsPermalink





(B) by inserting before subparagraph (D), as redesignated by subparagraph (A) of this paragraph, the following new subparagraphs:CommentsClose CommentsPermalink





‘(A) to produce or procure not less than 12 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2015 through 2017 from renewable energy sources;CommentsClose CommentsPermalink





‘(B) to produce or procure not less than 16 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2018 through 2020 from renewable energy sources;CommentsClose CommentsPermalink





‘(C) to produce or procure not less than 20 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2021 through 2024 from renewable energy sources;’.CommentsClose CommentsPermalink





(b) Inclusion of Direct Solar as Energy Efficient Product- Section 2915(e)(2)(A) of such title is amended by inserting ‘direct solar,’ after ‘Roof-top solar thermal,’.CommentsClose CommentsPermalink

SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS.

(a) In General- Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 2711. Annual report on defense environmental programs

‘(a) Report Required- The Secretary of Defense shall submit to Congress each year, not later than 45 days after the date on which the President submits to Congress the budget for a fiscal year, a report on defense environmental programs. Each report shall include:CommentsClose CommentsPermalink





‘(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, the following elements:CommentsClose CommentsPermalink





‘(A) Information on the Installation Restoration Program, including the following:CommentsClose CommentsPermalink





‘(i) The total number of sites in the IRP.CommentsClose CommentsPermalink





‘(ii) The number of sites in the IRP that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding calendar year.CommentsClose CommentsPermalink





‘(iii) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the environmental restoration program during the fiscal year for which the budget is submitted.CommentsClose CommentsPermalink





‘(iv) The Secretary’s assessment of the overall progress of the IRP.CommentsClose CommentsPermalink





‘(B) Information on the Military Munitions Restoration Program (MMRP), including the following:CommentsClose CommentsPermalink





‘(i) The total number of sites in the MMRP.CommentsClose CommentsPermalink





‘(ii) The number of sites that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding calendar year.CommentsClose CommentsPermalink





‘(iii) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the MMRP during the fiscal year for which the budget is submitted.CommentsClose CommentsPermalink





‘(iv) The Secretary’s assessment of the overall progress of the MMRP.CommentsClose CommentsPermalink





‘(2) With respect to each of the major activities under the environmental quality program of the Department of Defense and for each of the military departments--CommentsClose CommentsPermalink





‘(A) a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted; andCommentsClose CommentsPermalink





‘(B) an explanation for any significant change in such amounts during the period covered.CommentsClose CommentsPermalink





‘(3) With respect to the environmental technology program of the Department of Defense--CommentsClose CommentsPermalink





‘(A) a report on the progress made by in achieving the objectives and goals of its environmental technology program during the preceding fiscal year and an overall trend analysis for the program covering the previous four fiscal years; andCommentsClose CommentsPermalink





‘(B) a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted.CommentsClose CommentsPermalink





‘(b) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) the term ‘environmental quality program’ means a program of activities relating to environmental compliance, conservation, pollution prevention, and other activities relating to environmental quality as the Secretary may designate; andCommentsClose CommentsPermalink





‘(2) the term ‘major activities’ with respect to an environmental program means--CommentsClose CommentsPermalink





‘(A) environmental compliance activities;CommentsClose CommentsPermalink





‘(B) conservation activities; andCommentsClose CommentsPermalink





‘(C) pollution prevention activities.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2710 the following new item:CommentsClose CommentsPermalink





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

SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.

(a) Authority to Transfer Funds-CommentsClose CommentsPermalink





(1) TRANSFER AMOUNT- Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of the Navy may transfer not more than $45,000 to the Hazardous Substance Superfund Jackson Park Housing Complex, Washington, special account.CommentsClose CommentsPermalink





(2) PURPOSE OF TRANSFER- The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 7, 2009, against the Jackson Park Housing Complex, Washington, for the failure by the Navy to submit a draft Final Remedial Investigation/Feasibility Study for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) in accordance with the requirements of the Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).CommentsClose CommentsPermalink





(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301 for operation and maintenance for Environmental Restoration, Navy.CommentsClose CommentsPermalink





(c) Use of Funds- The amount transferred under subsection (a) shall be used by the Environmental Protection Agency to pay the penalty described under paragraph (2) of such subsection.CommentsClose CommentsPermalink

SEC. 314. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.

(a) Limitation on Use of Funds- None of the funds authorized to be appropriated by this Act may be used to make a final decision on or final adjudication of any claim filed regarding water contamination at Marine Corps Base Camp Lejeune unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies in writing to the Committees on Armed Services for the Senate and the House of Representatives. This provision does not prevent the use of funds for routine administrative tasks required to maintain such claims nor does it prohibit the use of funds for matters pending in Federal court.CommentsClose CommentsPermalink





(b) Resolution of Certain Disputes- The Secretary of the Navy shall make every effort to resolve any dispute arising between the Department of the Navy and the Agency for Toxic Substances and Disease Registry that is covered by the Interagency Agreement between the Department of Health and Human Services Agency for Toxic Substances and Disease Registry and the Department of the Navy or any successor memorandum of understanding and signed agreements not later than 60 days after the date on which the dispute first arises. In the event the Secretary is unable to resolve such a dispute within 60 days, the Secretary shall submit to the congressional defense committees a report on the reasons why an agreement has not yet been reached, the actions that the Secretary plans to take to reach agreement, and the schedule for taking such actions.CommentsClose CommentsPermalink





(c) Coordination Prior to Releasing Information to the Public- The Secretary of the Navy shall make every effort to coordinate with the Agency for Toxic Substances and Disease Registry on all issues pertaining to water contamination at Marine Corps Base Camp Lejeune, and other exposed pathways before releasing anything to the public.CommentsClose CommentsPermalink

SEC. 315. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED FORCES.

(a) Discharge Restrictions for Ships of the Armed Forces- Subsection (b) of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is amended to read as follows:CommentsClose CommentsPermalink





‘(b)(1) Except as provided in paragraph (3), this Act shall not apply to--CommentsClose CommentsPermalink





‘(A) a ship of the Armed Forces described in paragraph (2); orCommentsClose CommentsPermalink





‘(B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol.CommentsClose CommentsPermalink





‘(2) A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by the Secretary concerned--CommentsClose CommentsPermalink





‘(A) has unique military design, construction, manning, or operating requirements; andCommentsClose CommentsPermalink





‘(B) cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship.CommentsClose CommentsPermalink





‘(3)(A) Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships referred to in subsection (a) other than those described in paragraph (2).CommentsClose CommentsPermalink





‘(B) A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as follows:CommentsClose CommentsPermalink





‘(i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the residues thereof, is prohibited.CommentsClose CommentsPermalink





‘(ii) Garbage consisting of the following material may be discharged into the sea, subject to subparagraph (C):CommentsClose CommentsPermalink





‘(I) A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter.CommentsClose CommentsPermalink





‘(II) Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy.CommentsClose CommentsPermalink





‘(III) With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy.CommentsClose CommentsPermalink





‘(IV) Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, or incompletely burned plastics.CommentsClose CommentsPermalink





‘(C)(i) Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles of land.CommentsClose CommentsPermalink





‘(ii) Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land.CommentsClose CommentsPermalink





‘(D) Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than--CommentsClose CommentsPermalink





‘(i) 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; andCommentsClose CommentsPermalink





‘(ii) 25 nautical miles from the nearest land, in the case of all other garbage.CommentsClose CommentsPermalink





‘(E) This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea.CommentsClose CommentsPermalink





‘(F) This paragraph shall not apply during time of war or a national emergency declared by the President or Congress.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 3(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1)’ and inserting ‘subsection (b)’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘and subsection (b)(3)(B)(i) of this section’ after ‘Annex V to the Convention’.CommentsClose CommentsPermalink

Subtitle C--Workplace and Depot IssuesCommentsClose CommentsPermalink

SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

Section 2476 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘Each fiscal year, the Secretary of a military department shall invest’ and inserting ‘Each fiscal year, it shall be the objective of the Secretary of a military department to invest’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘includes investment funds spent on depot infrastructure, equipment, and process improvement in direct support’ and inserting ‘includes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct support’; andCommentsClose CommentsPermalink





(B) by adding at the end the following: ‘It does not include funds spent for any other repair or activity to maintain or sustain existing facilities, infrastructure, or equipment.’;CommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) by striking ‘(1) Not later than’ and inserting ‘Not later than’;CommentsClose CommentsPermalink





(B) by striking ‘summarizing the level of capital investment for each military department’ and inserting ‘summarizing the level of capital investment in the military departments’; andCommentsClose CommentsPermalink





(C) by striking paragraph (2); andCommentsClose CommentsPermalink





(4) in subsection (e)(1), by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





‘(I) Crane Ammunition Activity, Indiana.CommentsClose CommentsPermalink





‘(J) McAlester Ammunition Plant, Oklahoma.CommentsClose CommentsPermalink





‘(K) Radford Ammunition Plant, Virginia.CommentsClose CommentsPermalink





‘(L) Lake City Ammunition Plant, Missouri.CommentsClose CommentsPermalink





‘(M) Holsten Ammunition Plant, Tennessee.CommentsClose CommentsPermalink





‘(N) Scranton Ammunition Plant, Pennsylvania.CommentsClose CommentsPermalink





‘(O) Iowa Ammunition Plant, Iowa.CommentsClose CommentsPermalink





‘(P) Milan Ammunition Plant, Tennessee.CommentsClose CommentsPermalink





‘(Q) Joint System Manufacturing Center, Lima Ohio.’.CommentsClose CommentsPermalink

SEC. 322. LIMITATION ON REVISING THE DEFINITION OF DEPOT-LEVEL MAINTENANCE.

(a) Limitation- The Secretary of Defense or any of the Secretaries of the military departments may not issue guidance, regulations, policy, or revisions to any Department of Defense or service instructions containing a revision to the definition of depot-level maintenance unless the Secretary submits to the congressional defense committees the report described in subsection (b).CommentsClose CommentsPermalink





(b) Report- The report referred to in subsection (a) is a report prepared by the Defense Business Board regarding the advisability of establishing a single definition of depot-level maintenance, taking into consideration--CommentsClose CommentsPermalink





(1) the total industrial capacity, both in the private sector industry and in the depots;CommentsClose CommentsPermalink





(2) the importance of establishing requirements and allocating workload on the basis of sound business case analyses; andCommentsClose CommentsPermalink





(3) establishing transparency and accountability in the development of the core workload requirements and in the allocation of workload under the requirements in section 2466 of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.

Section 2474(a)(1) of title 10, United States Code, is amended by inserting ‘and may designate any military industrial facility’ after ‘shall designate each depot-level activity’.CommentsClose CommentsPermalink

SEC. 324. REPORT ON DEPOT-LEVEL MAINTENANCE AND RECAPITALIZATION OF CERTAIN PARTS AND EQUIPMENT.

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Logistics Agency (DLA), in consultation with the military departments, shall submit to the congressional defense committees a report on the status of the DLA Joint Logistics Operations Center’s Drawdown, Retrograde and Reset Program for the equipment from Iraq and Afghanistan and the status of the overall supply chain management for depot-level activities.CommentsClose CommentsPermalink





(b) Elements- The report required under subsection (a) shall include the following elements:CommentsClose CommentsPermalink





(1) An assessment of the number of backlogged parts for critical warfighter needs, an explanation of why those parts became backlogged, and an estimate of when the backlog is likely to be fully addressed.CommentsClose CommentsPermalink





(2) A review of critical warfighter requirements that are being impacted by a lack of supplies and parts and an explanation of steps that the Director plans to take to meet the demand requirements of the military departments.CommentsClose CommentsPermalink





(3) An assessment of the feasibility and advisability of working with outside commercial partners to utilize flexible and efficient turn-key rapid production systems to meet rapidly emerging warfighter requirements.CommentsClose CommentsPermalink





(4) A review of plans to further consolidate the ordering and stocking of parts and supplies from the military departments at depots under the control of the Defense Logistics Agency.CommentsClose CommentsPermalink





(c) Flexible and Efficient Turn-key Rapid Production Systems Defined- For the purposes of this section, flexible and efficient turn-key rapid production systems are systems that have demonstrated the capability to reduce the costs of parts, improve manufacturing efficiency, and have the following unique features:CommentsClose CommentsPermalink





(1) VIRTUAL AND FLEXIBLE- Systems that provide for flexibility to rapidly respond to requests for low-volume or high-volume machined parts and surge demand by accessing the full capacity of small- and medium-sized manufacturing communities in the United States.CommentsClose CommentsPermalink





(2) SPEED TO MARKET- Systems that provide for flexibility that allows rapid introduction of subassemblies for new parts and weapons systems to the warfighter.CommentsClose CommentsPermalink





(3) RISK MANAGEMENT- Systems that provide for the electronic archiving and updating of turn-key rapid production packages to provide insurance to the Department of Defense that parts will be available if there is a supply chain disruption.CommentsClose CommentsPermalink

Subtitle D--ReportsCommentsClose CommentsPermalink

SEC. 331. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Air Force shall conduct a study on the ability of the major air test and training range infrastructure, including major military operating area airspace and special use airspace, to support the full spectrum of Air Force operations. The Secretary shall incorporate the results of the study into a master plan for requirements and proposed investments to meet Air Force training and test needs through 2025. The study and the master plan shall be known as the ‘2025 Air Test and Training Range Enhancement Plan’.CommentsClose CommentsPermalink





(2) CONSULTATION- The Secretary of the Air Force shall, in conducting the study required under paragraph (1), consult with the Secretaries of the other military departments to determine opportunities for joint use and training of the ranges, and to assess the requirements needed to support combined arms training on the ranges. The Secretary shall also consult with the Department of the Interior, the Department of Agriculture, the Federal Aviation Administration, the Federal Energy Regulation Commission, and the Department of Energy to assess the need for transfers of administrative control of certain parcels of airspace and land to the Department of Defense to protect the missions and control of the ranges.CommentsClose CommentsPermalink





(3) CONTINUATION OF RANGE INFRASTRUCTURE IMPROVEMENTS- The Secretary of the Air Force may proceed with all ongoing and scheduled range infrastructure improvements while conducting the study required under paragraph (1).CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Air Force shall submit to the congressional defense committees an interim report and a final report on the plan to meet the requirements under subsection (a) not later than one year and two years, respectively, after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) CONTENT- The plan submitted under paragraph (1) shall--CommentsClose CommentsPermalink





(A) document the current condition and adequacy of the major Air Force test and training range infrastructure in the United States to meet test and training requirements;CommentsClose CommentsPermalink





(B) identify potential areas of concern for maintaining the physical safety, security, and current operating environment of such infrastructure;CommentsClose CommentsPermalink





(C) identify potential issues and threats related to the sustainability of the test and training infrastructure, including electromagnetic spectrum encroachment, overall bandwidth availability, and protection of classified information;CommentsClose CommentsPermalink





(D) assess coordination among ranges and local, state, regional, and Federal entities involved in land use planning, and develop recommendations on how to improve communication and coordination of such entities;CommentsClose CommentsPermalink





(E) propose remedies and actions to manage economic development on private lands on or surrounding the test and training infrastructure to preserve current capabilities;CommentsClose CommentsPermalink





(F) identify critical parcels of land not currently under the control of the Air Force for acquisition of deed or restrictive easements in order to protect current operations, access and egress corridors, and range boundaries, or to expand the capability of the air test and training ranges;CommentsClose CommentsPermalink





(G) identify which parcels identified pursuant to subparagraph (F) could, through the acquisition of conservation easements, serve military interests while also preserving recreational access to public and private lands, protecting wildlife habitat, or preserving opportunities for energy development and energy transmission;CommentsClose CommentsPermalink





(H) prioritize improvements and modernization of the facilities, equipment, and technology supporting the infrastructure in order to provide a test and training environment that accurately simulates and or portrays the full spectrum of threats and targets of likely United States adversaries in 2025;CommentsClose CommentsPermalink





(I) incorporate emerging requirements generated by requirements for virtual training and new weapon systems, including the F-22, the F-35, space and cyber systems, and Remotely Piloted Aircraft;CommentsClose CommentsPermalink





(J) assess the value of State and local legislative initiatives to protect Air Force test and training range infrastructure;CommentsClose CommentsPermalink





(K) identify parcels with no value to future military operations; andCommentsClose CommentsPermalink





(L) propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade the test and training range infrastructure, taking into consideration the criteria set forth in this paragraph.CommentsClose CommentsPermalink





(3) FORM- Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex as necessary.CommentsClose CommentsPermalink





(4) RULE OF CONSTRUCTION- The reports submitted under this section shall not be construed as meeting the requirements of section 2815(d) of the Military Construction Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852).CommentsClose CommentsPermalink

SEC. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL OPERATIONS FORCES.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commander of the United States Special Operations Command shall conduct a study on the ability of existing training ranges used by special operations forces, including military operating area airspace and special use airspace, to support the full spectrum of missions and operations assigned to special operations forces.CommentsClose CommentsPermalink





(2) CONSULTATION- The Commander shall, in conducting the study required under paragraph (1), consult with the Secretaries of the military departments, the Office of the Secretary of Defense, and the Joint Staff on--CommentsClose CommentsPermalink





(A) procedures and priorities for joint use and training on ranges operated by the military services, and to assess the requirements needed to support combined arms training on the ranges; andCommentsClose CommentsPermalink





(B) requirements and proposed investments to meet special operations training requirements through 2025.CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Commander shall submit to the congressional defense committees a report on the plan to meet the requirements under subsection (a).CommentsClose CommentsPermalink





(2) CONTENT- The study submitted under paragraph (1) shall--CommentsClose CommentsPermalink





(A) assess the current condition and adequacy of, and access to, all existing training ranges in the United States used by special operations forces;CommentsClose CommentsPermalink





(B) identify potential areas of concern for maintaining the physical safety, security, and current operating environment of ranges used by special operations forces;CommentsClose CommentsPermalink





(C) identify issues and challenges related to the availability and sustainability of the existing training ranges used by special operations forces, including support of a full spectrum of operations and protection of classified missions and tactics;CommentsClose CommentsPermalink





(D) assess coordination among ranges and local, State, regional, and Federal entities involved in land use planning and the protection of ranges from encroachment;CommentsClose CommentsPermalink





(E) propose remedies and actions to ensure consistent and prioritized access to existing ranges;CommentsClose CommentsPermalink





(F) prioritize improvements and modernization of the facilities, equipment, and technology supporting the ranges in order to adequately simulate the full spectrum of threats and contingencies for special operations forces; andCommentsClose CommentsPermalink





(G) propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade training range infrastructure.CommentsClose CommentsPermalink





(3) FORM- Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex as necessary.CommentsClose CommentsPermalink

SEC. 333. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE AND EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS TO ACHIEVE COST SAVINGS.

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments and report to the congressional defense committees on the advisability of establishing service life extension programs for such classes of vehicles.CommentsClose CommentsPermalink

SEC. 334. MODIFIED DEADLINE FOR ANNUAL REPORT ON BUDGET SHORTFALLS FOR IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.

Section 138c(e)(4) of title 10, United States Code, as transferred and redesignated by section 901(b)(7) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4320), is amended--CommentsClose CommentsPermalink





(1) by striking ‘10 days after the date on which the budget for a fiscal year is submitted pursuant to section 1105 of title 31’ and inserting ‘March 31 each year, beginning March 31, 2012’; andCommentsClose CommentsPermalink





(2) by striking ‘for that fiscal year’ and inserting ‘for the fiscal year beginning in that calendar year’.CommentsClose CommentsPermalink

Subtitle E--Other MattersCommentsClose CommentsPermalink

SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENTER INTO COOPERATIVE AGREEMENTS WITH NON-ARMY ENTITIES.

(a) Extension of Authority- Section 4544 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘enter into not more than eight contracts or cooperative agreements’ and all that follows through the period at the end and inserting ‘enter into not more than 15 contracts or cooperative agreements in any fiscal year.’; andCommentsClose CommentsPermalink





(2) in subsection (k), by striking ‘September 30, 2014’ and inserting ‘September 30, 2025’.CommentsClose CommentsPermalink





(b) Approval Authority- Subsection (f) of such section is amended by striking ‘exercised at the level of the commander of the major subordinate command’ and all that follows through ‘The commander may approve’ and inserting ‘exercised at the level of the Commander of Army Materiel Command. The Commander may approve’.CommentsClose CommentsPermalink

SEC. 342. WORKING-CAPITAL FUND ACCOUNTING.

Section 2208(k) of title 10, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) All capital assets financed by a working-capital fund and subject to paragraph (2) shall be capitalized and depreciated for budgeting, rate setting, and financial accounting purposes. Procurements not subject to paragraph (2) shall be immediately expensed and shall not be capitalized or depreciated in financial accounting records or reported on financial statements as an asset.’.CommentsClose CommentsPermalink

SEC. 343. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES.

Section 346 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4191; 10 U.S.C. 2576 note) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES.

‘(a) Commercial Sale of Small Arms Ammunition, Small Ammunition Components, and Fired Cartridge Cases- Small arms ammunition and small ammunition components which are in excess of military requirements, and intact fired small arms cartridge cases shall be made available for commercial sale. Such small arms ammunition, small arms ammunition components, and intact fired cartridge cases shall not be demilitarized, destroyed, or disposed of, unless in excess of commercial demands or certified by the Secretary of Defense as unserviceable or unsafe. This provision shall not apply to ammunition, ammunition components, or fired cartridge cases stored or expended outside the continental United States (OCONUS).CommentsClose CommentsPermalink





‘(b) Deadline for Guidance- Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, the Secretary of Defense shall issue guidance to ensure compliance with subsection (a). Not later than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees a letter of compliance providing notice of such guidance.CommentsClose CommentsPermalink





‘(c) Preference- No small arms ammunition or small arms ammunition components in excess of military requirements, or fired small arms cartridge cases may be made available for commercial sale under this section before such ammunition and ammunition components are offered for transfer or purchase, as authorized by law, to another Federal department or agency or for sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies pursuant to section 2576 of title 10, United States Code, as amended by this Act.CommentsClose CommentsPermalink





‘(d) Sales Controls- All small arms ammunition and small arms ammunition components, and fired small arms cartridge cases made available for commercial sale under this section shall be subject to all explosives safety and trade security controls in effect at the time of sale.CommentsClose CommentsPermalink





‘(e) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) SMALL ARMS AMMUNITION- The term ‘small arms ammunition’ means ammunition or ordnance for firearms up to and including .50 caliber and for shotguns.CommentsClose CommentsPermalink





‘(2) SMALL ARMS AMMUNITION COMPONENTS- The term ‘small arms ammunition components’ means components, parts, accessories, and attachments associated with small arms ammunition.CommentsClose CommentsPermalink





‘(3) FIRED CARTRIDGE CASES- The term ‘fired cartridge cases’ means expended small arms cartridge cases (ESACC).’.CommentsClose CommentsPermalink

SEC. 344. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS TO STUDY OPTIONS FOR MITIGATING ADVERSE EFFECTS OF PROPOSED OBSTRUCTIONS ON MILITARY INSTALLATIONS.

Section 358(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4201; 10 U.S.C. 44718 note) is amended by amending the second sentence to read as follows: ‘Amounts so accepted shall be and will remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such project on military operations and readiness and the cost of studying options for mitigating such adverse impacts.’.CommentsClose CommentsPermalink

SEC. 345. UTILITY DISRUPTIONS TO MILITARY INSTALLATIONS.

(a) Policy- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop guidance for commanders of military installations inside the United States on planning measures to minimize the effects in the event of a disruption of services by a utility that sells natural gas, water, or electric energy to a military installation in the United States.CommentsClose CommentsPermalink





(b) Installation Plans- The guidance developed pursuant to subsection (a) shall require that, subject to such exceptions as the Secretary may determine to be appropriate, commanders of military installations inside the United States develop appropriate action plans to minimize the effects of events described in subsection (a).CommentsClose CommentsPermalink





(c) Comptroller General Report- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall review the actions taken pursuant to this section and submit to Congress a report on the guidance developed pursuant to subsection (a), the plans developed pursuant to subsection (b), and any additional measures that may be needed to minimize the effects of an unplanned disruption of services by utilities as described in subsection (a).CommentsClose CommentsPermalink

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Active ForcesCommentsClose CommentsPermalink

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2012, as follows:CommentsClose CommentsPermalink





(1) The Army, 562,000.CommentsClose CommentsPermalink





(2) The Navy, 325,700.CommentsClose CommentsPermalink





(3) The Marine Corps, 202,100.CommentsClose CommentsPermalink





(4) The Air Force, 332,800.CommentsClose CommentsPermalink

Subtitle B--Reserve ForcesCommentsClose CommentsPermalink

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2012, as follows:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 358,200.CommentsClose CommentsPermalink





(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 66,200.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 71,400.CommentsClose CommentsPermalink





(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink





(b) End Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink





(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; andCommentsClose CommentsPermalink





(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.CommentsClose CommentsPermalink





(c) End Strength Increases- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.CommentsClose CommentsPermalink

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2012, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 32,060.CommentsClose CommentsPermalink





(2) The Army Reserve, 16,261.CommentsClose CommentsPermalink





(3) The Navy Reserve, 10,688.CommentsClose CommentsPermalink





(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink





(5) The Air National Guard of the United States, 14,584.CommentsClose CommentsPermalink





(6) The Air Force Reserve, 2,992.CommentsClose CommentsPermalink

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2012 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:CommentsClose CommentsPermalink





(1) For the Army Reserve, 8,395.CommentsClose CommentsPermalink





(2) For the Army National Guard of the United States, 27,210.CommentsClose CommentsPermalink





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





(4) For the Air National Guard of the United States, 22,394.CommentsClose CommentsPermalink

SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.

(a) Limitations-CommentsClose CommentsPermalink





(1) NATIONAL GUARD- Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2012, may not exceed the following:CommentsClose CommentsPermalink





(A) For the Army National Guard of the United States, 1,600.CommentsClose CommentsPermalink





(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink





(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2012, may not exceed 595.CommentsClose CommentsPermalink





(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2012, may not exceed 90.CommentsClose CommentsPermalink





(b) Non-dual Status Technicians Defined- In this section, the term ‘non-dual status technician’ has the meaning given that term in section 10217(a) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2012, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:CommentsClose CommentsPermalink





(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink





(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink





(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink





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





(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink





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

Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink

SEC. 421. MILITARY PERSONNEL.

(a) Authorization of Appropriations- There is hereby authorized to be appropriated for military personnel for fiscal year 2012 a total of $142,448,228,000.CommentsClose CommentsPermalink





(b) Construction of Authorization- The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2012.CommentsClose CommentsPermalink

TITLE V--MILITARY PERSONNEL POLICYCommentsClose CommentsPermalink

Subtitle A--Officer Personnel Policy GenerallyCommentsClose CommentsPermalink

SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON ACTIVE DUTY.

Section 523(a)(1) of title 10, United States Code, is amended by striking those parts of the table pertaining to the Marine Corps and inserting the following:CommentsClose CommentsPermalink

---------------------------------CommentsClose CommentsPermalink

---------------------------------CommentsClose CommentsPermalink

‘Marine Corps:                   CommentsClose CommentsPermalink

 10,000        2,802 1,615   633 CommentsClose CommentsPermalink

 12,500        3,247 1,768   658 CommentsClose CommentsPermalink

 15,000        3,691 1,922   684 CommentsClose CommentsPermalink

 17,500        4,135 2,076   710 CommentsClose CommentsPermalink

 20,000        4,579 2,230   736 CommentsClose CommentsPermalink

 22,500        5,024 2,383   762 CommentsClose CommentsPermalink

 25,000        5,468 2,537 787’. CommentsClose CommentsPermalink

---------------------------------CommentsClose CommentsPermalink

SEC. 502. VOLUNTARY RETIREMENT INCENTIVE.

(a) In General- Chapter 36 of title 10, United States Code, is amended by inserting after section 638a the following new section:CommentsClose CommentsPermalink

‘Sec. 638b. Voluntary retirement incentive

‘(a) Incentive for Voluntary Retirement for Certain Officers- The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (b) as being eligible for such a payment. Any such authority provided the Secretary of a military department under the preceding sentence shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.CommentsClose CommentsPermalink





‘(b) Eligible Officers- (1) Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer--CommentsClose CommentsPermalink





‘(A) has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;CommentsClose CommentsPermalink





‘(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 3911, 6323, or 8911 of this title, as applicable to that officer;CommentsClose CommentsPermalink





‘(C) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;CommentsClose CommentsPermalink





‘(D) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; andCommentsClose CommentsPermalink





‘(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof.CommentsClose CommentsPermalink





‘(2) The following officers are not eligible for a voluntary retirement incentive payment under this section:CommentsClose CommentsPermalink





‘(A) An officer being evaluated for disability under chapter 61 of this title.CommentsClose CommentsPermalink





‘(B) An officer projected to be retired under section 1201 or 1204 of this title.CommentsClose CommentsPermalink





‘(C) An officer projected to be discharged with disability severance pay under section 1212 of this title.CommentsClose CommentsPermalink





‘(D) A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.CommentsClose CommentsPermalink





‘(E) An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.CommentsClose CommentsPermalink





‘(c) Amount of Payment- The amount of the voluntary retirement incentive payment paid an officer under this section shall be an amount determined by the Secretary concerned, but not to exceed an amount equal to 12 times the amount of the officer’s monthly basic pay at the time of the officer’s retirement. The amount may be paid in a lump sum at the time of retirement.CommentsClose CommentsPermalink





‘(d) Repayment for Members Who Return to Active Duty- (1) Except as provided in paragraph (2), a member of the armed forces who, after having received all or part of a voluntary retirement incentive under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary retirement incentive received.CommentsClose CommentsPermalink





‘(2) Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection.CommentsClose CommentsPermalink





‘(3) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense of Personnel and Readiness.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of subchapter IV of chapter 36 of such title is amended by inserting after the item relating to section 638a the following new item:CommentsClose CommentsPermalink





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

SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.

(a) Waiver Authority for Officers Not Designated as Joint Qualified Officers- Subsection (b) of section 663 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting after ‘to a joint duty assignment’ the following: ‘(or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment)’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘the joint duty assignment’ and inserting ‘the assignment’; andCommentsClose CommentsPermalink





(B) by striking ‘a joint duty assignment’ and inserting ‘such an assignment’.CommentsClose CommentsPermalink





(b) Exception- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Exception for Officers Graduating From Other-than-in-residence Programs- (1) Subsection (a) does not apply to an officer graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.CommentsClose CommentsPermalink





‘(2) Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.’.CommentsClose CommentsPermalink

SEC. 504. MODIFICATION OF DEFINITION OF ‘JOINT DUTY ASSIGNMENT’ TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT TRAINING AND EDUCATION.

Section 668(b)(1)(B) of title 10, United States Code, is amended by striking ‘assignments for joint’ and all that follows through ‘Phase II’ and inserting ‘student assignments for joint training and education’.CommentsClose CommentsPermalink

Subtitle B--Reserve Component ManagementCommentsClose CommentsPermalink

SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF MEMBERS OF THE SELECTED RESERVE AND CERTAIN MEMBERS OF THE INDIVIDUAL READY RESERVE FOR PREPLANNED MISSIONS.

(a) Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 1209 of title 10, United States Code, is amended by inserting after section 12304 the following new section:CommentsClose CommentsPermalink

‘Sec. 12304a. Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions

‘(a) Authority- When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission, the Secretary may, subject to subsection (b), order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve (as defined in section 10143(a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary, under the jurisdiction of the Secretary, without the consent of the members, to active duty for not more than 365 consecutive days.CommentsClose CommentsPermalink





‘(b) Limitations- (1) Units or members may be ordered to active duty under this section only if--CommentsClose CommentsPermalink





‘(A) the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units or members are anticipated to be ordered to active duty; andCommentsClose CommentsPermalink





‘(B) the budget information on such costs includes a description of the mission for which such units or members are anticipated to be ordered to active duty and the anticipated length of time of the order of such units or members to active duty on an involuntary basis.CommentsClose CommentsPermalink





‘(2) Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time.CommentsClose CommentsPermalink





‘(c) Exclusion From Strength Limitations- Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or total number of members in grade under this title or any other law.CommentsClose CommentsPermalink





‘(d) Notice to Congress- Whenever the Secretary of a military department orders any unit or member of the Selected Reserve or Individual Ready Reserve to active duty under subsection (a), such Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of such units or members.CommentsClose CommentsPermalink





‘(e) Termination of Duty- Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under subsection (a), the service of all units or members so ordered to active duty may be terminated by--CommentsClose CommentsPermalink





‘(1) order of the Secretary of the military department concerned, orCommentsClose CommentsPermalink





‘(2) law.CommentsClose CommentsPermalink





‘(f) Relationship to War Powers Resolution- Nothing contained in this section shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).CommentsClose CommentsPermalink





‘(g) Considerations for Involuntary Order to Active Duty- In determining which members of the Selected Reserve and the Individual Ready Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to--CommentsClose CommentsPermalink





‘(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;CommentsClose CommentsPermalink





‘(2) the frequency of assignments during service career;CommentsClose CommentsPermalink





‘(3) family responsibilities; andCommentsClose CommentsPermalink





‘(4) employment necessary to maintain the national health, safety, or interest.CommentsClose CommentsPermalink





‘(h) Policies and Procedures- The Secretaries of the military departments shall prescribe policies and procedures to carry out this section, including on determinations of orders to active duty under subsection (g). Such policies and procedures shall not go into effect until approved by the Secretary of Defense.CommentsClose CommentsPermalink





‘(i) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘defense budget materials’ has the meaning given that term in section 231(d)(2) of this title.CommentsClose CommentsPermalink





‘(2) The term ‘Individual Ready Reserve mobilization category’ means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1209 of such title is amended by inserting after the item relating to section 12304 the following new item:CommentsClose CommentsPermalink





‘12304a. Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions.’.CommentsClose CommentsPermalink





(b) Clarifying Amendments Relating to Authority To Order Active Duty Other Than During War or National Emergency- Section 12304(a) of such title is amended--CommentsClose CommentsPermalink





(1) by inserting ‘named’ before ‘operational mission’; andCommentsClose CommentsPermalink





(2) by striking ‘365 days’ and inserting ‘365 consecutive days’.CommentsClose CommentsPermalink

SEC. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION FOR CERTAIN RESERVE OFFICERS EMPLOYED AS MILITARY TECHNICIANS (DUAL STATUS).

Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i) Certain Reserve Officers- A reserve officer who is employed as military technician (dual status) under section 10216 of this title, and who has been retained beyond the mandatory removal date for years of service under section 10216(f) or 14702(a)(2) of this title, is not eligible for consideration for promotion by a mandatory promotion board convened under section 14101(a) of this title.’.CommentsClose CommentsPermalink

SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST BE PROVIDED TO RESERVE COMPONENT MEMBERS BEING DEMOBILIZED.

Section 1142(a)(3)(B) of title 10, United States Code, is amended by inserting ‘or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 90-day requirement under subparagraph (A) unfeasible,’ after ‘or separation date,’.CommentsClose CommentsPermalink

SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A DISTINCT PERSONNEL MANAGEMENT CATEGORY.

(a) Independent Study Required- The Secretary of Defense shall conduct an independent study of the feasibility and advisability of terminating the military technician as a distinct personnel management category of the Department of Defense.CommentsClose CommentsPermalink





(b) Elements- In conducting the study required by subsection (a), the Secretary shall--CommentsClose CommentsPermalink





(1) identify various options for deploying units of the Selected Reserve of the Ready Reserve that otherwise use military technicians through use of a combination of active duty personnel, reserve component personnel, State civilian employees, and Federal civilian employees in a manner that meets mission requirements without harming unit readiness;CommentsClose CommentsPermalink





(2) identify various means for the management by the Department of the transition of military technicians to a system that relies on traditional personnel categories of active duty personnel, reserve component personnel, and civilian personnel, and for the management of any effects of that transition on the pay and benefits of current military technicians (including means for mitigating or avoiding such effects in the course of such transition);CommentsClose CommentsPermalink





(3) determine whether military technicians who are employed at the commencement of the transition described in paragraph (2) should remain as technicians, whether with or without a military status, until separation or retirement, rather than transitioned to such a traditional personnel category;CommentsClose CommentsPermalink





(4) identify and take into account the unique needs of the National Guard in the management and use of military technicians;CommentsClose CommentsPermalink





(5) determine potential cost savings, if any, to be achieved as a result of the transition described in paragraph (2), including savings in long-term mandatory entitlement costs associated with military and civil service retirement obligations;CommentsClose CommentsPermalink





(6) develop a recommendation on the feasibility and advisability of terminating the military technician as a distinct personnel management category, and, if the termination is determined to be feasible and advisable, develop recommendations for appropriate legislative and administrative action to implement the termination; andCommentsClose CommentsPermalink





(7) address any other matter relating to the management and long-term viability of the military technician as a distinct personnel management category that the Secretary shall specify for purposes of the study.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). The report shall set forth the results of the study, including the matters specified in subsection (b), and include such comments and recommendations on the results of the study as the Secretary considers appropriate.CommentsClose CommentsPermalink

Subtitle C--General Service AuthoritiesCommentsClose CommentsPermalink

SEC. 521. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.

(a) Repeal- Section 436 of title 37, United States Code, is repealed.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.CommentsClose CommentsPermalink

SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS FOR UNSUITABILITY BASED ON THE SAME MEDICAL CONDITION FOR WHICH THEY WERE DETERMINED TO BE FIT FOR DUTY.

(a) Prohibition- Subsection (a) of section 1214a of title 10, United States Code, is amended by inserting ‘, or deny reenlistment of the member,’ after ‘a member described in subsection (b)’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Subsection (c)(3) of such section is amended by inserting ‘or denial of reenlistment’ after ‘to warrant administrative separation’.CommentsClose CommentsPermalink





(c) Clerical Amendments-CommentsClose CommentsPermalink





(1) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 61 of such title is amended by striking the item relating to section 1214a and inserting the following new item:CommentsClose CommentsPermalink





‘1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation.’.CommentsClose CommentsPermalink

SEC. 523. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY DISCHARGE AUTHORITY.

Section 1171 of title 10, United States Code, is amended by striking ‘within three months’ and inserting ‘within one year’.CommentsClose CommentsPermalink

SEC. 524. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS.

Section 1175a(k)(1) of title 10, United States Code, is amended by striking ‘December 31, 2012’ and inserting ‘December 31, 2018’.CommentsClose CommentsPermalink

SEC. 525. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY WHO ARE TRANSITIONING TO CIVILIAN LIFE.

Section 1143 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Employment Skills Training- (1) The Secretary of a military department may carry out one or more programs to provide eligible members of the armed forces under the jurisdiction of the Secretary with job training and employment skills training to help prepare such members for employment in the civilian sector.CommentsClose CommentsPermalink





‘(2) A member of the armed forces is an eligible member for purposes of a program under this subsection if the member--CommentsClose CommentsPermalink





‘(A) has completed at least 180 days on active duty in the armed forces; andCommentsClose CommentsPermalink





‘(B) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program.CommentsClose CommentsPermalink





‘(3) Any program under this subsection shall be carried out in accordance with regulations prescribed by the Secretary of Defense.’.CommentsClose CommentsPermalink

SEC. 526. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF SECONDARY SCHOOLS.

(a) Equal Treatment for Secondary School Graduates-CommentsClose CommentsPermalink





(1) EQUAL TREATMENT- For the purposes of recruitment and enlistment in the Armed Forces, the Secretary of a military department shall treat a graduate described in paragraph (2) in the same manner as a graduate of a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).CommentsClose CommentsPermalink





(2) COVERED GRADUATES- Paragraph (1) applies with respect to a person who--CommentsClose CommentsPermalink





(A) receives a diploma from a secondary school that is legally operating; orCommentsClose CommentsPermalink





(B) otherwise completes a program of secondary education in compliance with the education laws of the State in which the person resides.CommentsClose CommentsPermalink





(b) Policy on Recruitment and Enlistment- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy on recruitment and enlistment that incorporates the following:CommentsClose CommentsPermalink





(1) Means for identifying persons described in subsection (a)(2) who are qualified for recruitment and enlistment in the Armed Forces, which may include the use of a noncognitive aptitude test, adaptive personality assessment, or other operational attrition screening tool to predict performance, behaviors, and attitudes of potential recruits that influence attrition and the ability to adapt to a regimented life in the Armed Forces.CommentsClose CommentsPermalink





(2) Means for assessing how qualified persons fulfill their enlistment obligation.CommentsClose CommentsPermalink





(3) Means for maintaining data, by each diploma source, which can be used to analyze attrition rates among qualified persons.CommentsClose CommentsPermalink





(c) Recruitment Plan- As part of the policy required by subsection (b), the Secretary of each of the military departments shall develop a recruitment plan that includes a marketing strategy for targeting various segments of potential recruits with all types of secondary education credentials.CommentsClose CommentsPermalink





(d) Communication Plan- The Secretary of each of the military departments shall develop a communication plan to ensure that the policy and recruitment plan are understood by military recruiters.CommentsClose CommentsPermalink

Subtitle D--Education and TrainingCommentsClose CommentsPermalink

SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY EDUCATION.

(a) Authority To Credit Military Graduates of the National Defense Intelligence College With Completion of Joint Professional Military Education Phase I-CommentsClose CommentsPermalink





(1) JOINT PROFESSIONAL MILITARY EDUCATION PHASE I- Section 2154(a)(1) of title 10, United States Code, is amended by inserting ‘or at a joint intermediate level school’ before the period at the end.CommentsClose CommentsPermalink





(2) JOINT INTERMEDIATE LEVEL SCHOOL DEFINED- Section 2151(b) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) The term ‘joint intermediate level school’ includes the National Defense Intelligence College.’.CommentsClose CommentsPermalink





(b) Authority for Other-than-in Residence Program Taught Through Joint Forces Staff College-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2154(a)(2) of such title is amended--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking ‘in residence at’;CommentsClose CommentsPermalink





(B) in subparagraph (A), by inserting ‘by’ after ‘(A)’; andCommentsClose CommentsPermalink





(C) in subparagraph (B), by inserting ‘in residence at’ after ‘(B)’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 2156(b) of such title is amended by inserting ‘in residence’ after ‘course of instruction offered’.CommentsClose CommentsPermalink

SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.

(a) Medical Students of USUHS- Section 2114(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘Each medical student shall be appointed as a regular officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the regular grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’.CommentsClose CommentsPermalink





(b) Participants in Health Professions Scholarship and Financial Assistance Program- Section 2121(c) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘Each person so commissioned shall be appointed as a reserve officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the reserve grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades for a period of 45 days during each year of participation in the program.’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’.CommentsClose CommentsPermalink





(c) Officers Detailed as Students at Medical Schools- Subsection (e) of section 2004a of such title is amended--CommentsClose CommentsPermalink





(1) in the subsection heading, by striking ‘Appointment and Treatment of Prior Active Service’ and inserting ‘Service on Active Duty’; andCommentsClose CommentsPermalink





(2) by striking paragraph (1) and inserting the following new paragraph (1):CommentsClose CommentsPermalink





‘(1) A commissioned officer detailed under subsection (a) shall serve on active duty, subject to the limitations on grade specified in section 2114(b)(1) of this title and with the entitlement to basic pay as specified in section 2114(b)(2) of this title.’.CommentsClose CommentsPermalink

SEC. 543. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.

(a) Reserve Component Mental Health Student Stipend- Section 16201 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink





‘(f) Mental Health Professionals in Critical Wartime Specialties- (1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who--CommentsClose CommentsPermalink





‘(A) is eligible to be appointed as an officer in a reserve component;CommentsClose CommentsPermalink





‘(B) is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in clinical psychology or social work;CommentsClose CommentsPermalink





‘(C) signs an agreement that, unless sooner separated, the person will--CommentsClose CommentsPermalink





‘(i) complete the educational phase of the program;CommentsClose CommentsPermalink





‘(ii) accept a reappointment or redesignation within the person’s reserve component, if tendered, based upon the person’s health profession, following satisfactory completion of the educational and intern programs; andCommentsClose CommentsPermalink





‘(iii) participate in a residency program if required for clinical licensure; andComments