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S 1867 PCS

Calendar No. 230

ESCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1867CommentsClose CommentsPermalink

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To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.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 ‘National Defense Authorization Act for Fiscal Year 2012’.CommentsClose CommentsPermalink

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

(a) Divisions- This Act is organized into four divisions as follows:CommentsClose CommentsPermalink





(1) Division A-Department of Defense Authorizations.CommentsClose CommentsPermalink





(2) Division B-Military Construction Authorizations.CommentsClose CommentsPermalink





(3) Division C-Department of Energy National Security Authorizations and Other Authorizations.CommentsClose CommentsPermalink





(4) Division D-Funding Tables.CommentsClose CommentsPermalink





(5) Division E-SBIR and STTR Reauthorization.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Organization of Act into divisions; 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





Sec. 136. Strategic airlift aircraft force structure.CommentsClose CommentsPermalink





Sec. 137. Limitation on retirement of C-23 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





Sec. 158. Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter.CommentsClose CommentsPermalink





Sec. 159. Authority for exchange with United Kingdom of specified F-35 Lightning II Joint Strike Fighter aircraft.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





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





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





Sec. 316. Consideration of energy security and reliability in development and implementation of energy performance goals.CommentsClose CommentsPermalink





Sec. 317. Installation energy metering requirements.CommentsClose CommentsPermalink





Sec. 318. Training policy for Department of Defense energy managers.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. Reports on depot-level maintenance and recapitalization of certain parts and equipmentrelated activities.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





Sec. 346. Eligibility of active and reserve members, retirees, gray area retirees, and dependents for space-available travel on military aircraft.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





Sec. 515. Authority to order army reserve, navy reserve, marine corps reserve, and air force reserve to active duty to provide assistance in response to a major disaster or emergency.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





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





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





Sec. 577. Comptroller General of the United States report on Department of Defense military spouse employment programs.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





Sec. 586. Authorization and request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War.CommentsClose CommentsPermalink





Sec. 587. Authorization for award of the distinguished service cross for captain Fredrick L. Spaulding for acts of valor during the Vietnam War.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





Sec. 634. Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training.CommentsClose CommentsPermalink





Sec. 635. Repeal of requirement of reduction of Survivor Benefits Plan survivor annuities by dependency and indemnity compensation.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





Sec. 705. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States.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





Sec. 827. Applicability of Buy American Act to procurement of photovoltaic devices by Department of Defense.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 contractsLimitation on defense contractor compensation.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





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





Sec. 849. Report on authorities available to the Department of Defense for multiyear contracts for the purchase of advanced biofuels.CommentsClose CommentsPermalink





Sec. 850. Comptroller General of the United States reports on Department of Defense implementation of justification and approval requirements for certain sole-source contracts.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





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





Sec. 890. Department of Defense assessment of industrial base for night vision image intensification sensors.CommentsClose CommentsPermalink





Sec. 891. Implementation of acquisition strategy for Evolved Expendable Launch Vehicle.CommentsClose CommentsPermalink





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





Sec. 907. Sense of Congress on use of modeling and simulation in Department of Defense activities.CommentsClose CommentsPermalink





Sec. 908. Sense of Congress on ties between Joint Warfighting and Coalition Center and Allied Command Transformation of NATO.CommentsClose CommentsPermalink





Sec. 909. Report on effects of planned reductions of personnel at the Joint Warfare Analysis Center on personnel skills.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





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





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





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





Sec. 1025. Assessment of stationing of additional DDG-51 class destroyers at Naval Station Mayport, Florida.CommentsClose CommentsPermalink





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

Subtitle D--Detainee Matters

Sec. 1031. Affirmation of authority of the Armed Forces of the United States to detain covered persons pursuant to the Authorization for Use of Military Force.CommentsClose CommentsPermalink





Sec. 1032. Requirement for military custody.CommentsClose CommentsPermalink





Sec. 1033. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.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 periodic detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





Sec. 1036. Procedures for status determinations.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





Sec. 1049. Expansion of Operation Hero Miles.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





Sec. 1080. Report on status of implementation of accepted recommendations in the Final Report of the 2010 Army Acquisition Review panel.CommentsClose CommentsPermalink





Sec. 1080A. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace.CommentsClose CommentsPermalink





Sec. 1080B. Comptroller General review of medical research and development relating to improved combat casualty care.CommentsClose CommentsPermalink





Sec. 1080C. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States.CommentsClose CommentsPermalink





Sec. 1080D. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense.CommentsClose CommentsPermalink





Sec. 1080E. Comptroller General report on Department of Defense science and technology programs.CommentsClose CommentsPermalink





Sec. 1080F. Comptroller General report on Science, Technology, Engineering, and Math (STEM) initiatives.CommentsClose CommentsPermalink





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





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





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





Sec. 1088. Improving the transition of members of the Armed Forces with experience in the operation of certain motor vehicles into careers operating commercial motor vehicles in the private sector.CommentsClose CommentsPermalink





Sec. 1089. Fire suppression agents.CommentsClose CommentsPermalink





Sec. 1090. Acquisition and procurement exchanges between the United States and India.CommentsClose CommentsPermalink





Sec. 1091. Long-term plan for maintenance of intercontinental ballistic missile solid rocket motor production capacity.CommentsClose CommentsPermalink





Sec. 1092. Cybersecurity collaboration between the Department of Defense and the Department of Homeland Security.CommentsClose CommentsPermalink





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





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





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

Sec. 1302. Funding allocations243. Man-portable air-defense systems originating from Libya.CommentsClose CommentsPermalink




Sec. 1303. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Unio244. Defense cooperation with Republic of Georgia.CommentsClose CommentsPermalink





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

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

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.CommentsClose CommentsPermalink





Sec. 2002. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink





Sec. 2003. Funding tables.CommentsClose CommentsPermalink

TITLE XXI--ARMY

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





Sec. 2102. Family housing.CommentsClose CommentsPermalink





Sec. 2103. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2104. Authorization of appropriations, Army.CommentsClose CommentsPermalink





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





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





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





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





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





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





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





Sec. 2112. Reduction of Army military construction authorization.CommentsClose CommentsPermalink





Sec. 2113. Tour normalization.CommentsClose CommentsPermalink

TITLE XXII--NAVY

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





Sec. 2202. Family housing.CommentsClose CommentsPermalink





Sec. 2203. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2204. Authorization of appropriations, Navy.CommentsClose CommentsPermalink





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





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





Sec. 2207. Reduction of Navy military construction authorization.CommentsClose CommentsPermalink





Sec. 2208. Guam realignment.CommentsClose CommentsPermalink

TITLE XXIII--AIR FORCE

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





Sec. 2302. Family housing.CommentsClose CommentsPermalink





Sec. 2303. Improvements to military family housing units.CommentsClose CommentsPermalink





Sec. 2304. Authorization of appropriations, Air Force.CommentsClose CommentsPermalink





Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 project.CommentsClose CommentsPermalink





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





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

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2402. Energy conservation projects.CommentsClose CommentsPermalink





Sec. 2403. Authorization of appropriations, Defense Agencies.CommentsClose CommentsPermalink

Subtitle B--Chemical Demilitarization Authorizations

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





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

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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





Sec. 2502. Authorization of appropriations, NATO.CommentsClose CommentsPermalink

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.CommentsClose CommentsPermalink





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





Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2604. Authorized Air National Guard construction and land acquisition projects.CommentsClose CommentsPermalink





Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.CommentsClose CommentsPermalink





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





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





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





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

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink





Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink





Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink





Sec. 2704. Reduction of military construction authorization for base realignment and closure activities authorized through the Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

Sec. 2801. General military construction transfer authority.CommentsClose CommentsPermalink





Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.CommentsClose CommentsPermalink





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

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Exchange of property at military installations.CommentsClose CommentsPermalink





Sec. 2812. Clarification of authority to limit encroachments.CommentsClose CommentsPermalink





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

Subtitle C--Land Conveyances

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





Sec. 2822. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui areas, Hawaii.CommentsClose CommentsPermalink





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

Subtitle D--Other Matters

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





Sec. 2832. Data servers and centers.CommentsClose CommentsPermalink





Sec. 2833. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike O’Callaghan Federal Medical Center.CommentsClose CommentsPermalink

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.CommentsClose CommentsPermalink





Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink





Sec. 3103. Other defense activities.CommentsClose CommentsPermalink

Subtitle B--Program Authorizations, Restrictions, and Limitations

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





Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex.CommentsClose CommentsPermalink





Sec. 3113. Aircraft procurement.CommentsClose CommentsPermalink





Sec. 3114. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.CommentsClose CommentsPermalink





Sec. 3115. Recognition and status of National Atomic Testing Museum.CommentsClose CommentsPermalink

Subtitle C--Reports

Sec. 3121. Report on feasibility of federalizing the security protective forces contract guard workforce at certain Department of Energy facilities.CommentsClose CommentsPermalink





Sec. 3122. Comptroller General study on oversight of Department of Energy defense nuclear facilities.CommentsClose CommentsPermalink





Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation.CommentsClose CommentsPermalink

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.CommentsClose CommentsPermalink





Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to review the facility design and construction of Construction Project 10-D-904 of the National Nuclear Security Administration.CommentsClose CommentsPermalink

TITLE XXXIII--MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.CommentsClose CommentsPermalink

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.CommentsClose CommentsPermalink

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.CommentsClose CommentsPermalink





Sec. 4102. Procurement for overseas contingency operations.CommentsClose CommentsPermalink

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

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





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

TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.CommentsClose CommentsPermalink





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

TITLE XLIV--OTHER AUTHORIZATIONS

Sec. 4401. Other authorizations.CommentsClose CommentsPermalink





Sec. 4402. Other authorizations for overseas contingency operations.CommentsClose CommentsPermalink

TITLE XLV--MILITARY CONSTRUCTION

Sec. 4501. Military construction.CommentsClose CommentsPermalink

TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4601. Department of Energy national security programs.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 tTo 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

SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.

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 tTo 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