U.S. Congress - Text of S.981 as Introduced in Senate National Defense Authorization Act for Fiscal Year 2012
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Donate NowS.981 - National Defense Authorization Act for Fiscal Year 2012
A bill to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for fiscal year 2012, and for other purposes.
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S 981 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 981CommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for fiscal year 2012, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
May 12, 2011CommentsClose CommentsPermalink
May 12, 2011CommentsClose CommentsPermalink
Mr. LEVIN (for himself and Mr. MCCAIN) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for fiscal year 2012, 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 two divisions as follows:CommentsClose CommentsPermalink
(1) DIVISION A- Department of Defense Authorizations.CommentsClose CommentsPermalink
(2) DIVISION B- Military Construction Authorizations.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
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.CommentsClose CommentsPermalink
Sec. 102. Navy and Marine Corps.CommentsClose CommentsPermalink
Sec. 103. Air Force.CommentsClose CommentsPermalink
Sec. 104. Defense-wide activities.CommentsClose CommentsPermalink
Sec. 105. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 106. Defense Production Act purchases.CommentsClose CommentsPermalink
Subtitle B--Army Programs
Sec. 111. Multi-year procurement authority for airframes for Army UH-60M/HH-60M helicopters and Navy MH-60R/MH-60S helicopters.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH-60R/S helicopters.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
Sec. 131. Procurement of Light Attack Armed Reconnaissance aircraft for training foreign militaries and foreign security forces.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Repeal of requirement for Technology Transition Initiative.CommentsClose CommentsPermalink
Sec. 203. Requirement for contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Payment to EPA of stipulated penalties in connection with Jackson Park Housing Complex, Washington.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 321. Authority to establish readiness reserve subaccount in the transportation working-capital fund.CommentsClose CommentsPermalink
Sec. 322. Clarification of the airlift service definitions relative to the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
Sec. 323. Expansion of use of uniform funding authority to permanent change of station and temporary duty lodging programs operated through nonappropriated fund instrumentalities.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 AUTHORIZATIONS
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of eligibility for consideration for promotion for certain Reserve officers of the Army employed as Army Reserve military technicians.CommentsClose CommentsPermalink
Sec. 502. Standardization of grade for certain medical and dental branch chief positions.CommentsClose CommentsPermalink
Sec. 503. Force management enhancements.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Management
Sec. 511. Modification of time in which preseparation counseling must be provided for reserve component members being demobilized.CommentsClose CommentsPermalink
Sec. 512. Clarification of applicability of authority for deferral of mandatory separation of military technicians (dual status) until age 60.CommentsClose CommentsPermalink
Sec. 513. Expansion of authority to order Selected Reserve and certain Individual Ready Reserve members to active duty other than during war or national emergency.CommentsClose CommentsPermalink
Sec. 514. Transformation of the military technician program.CommentsClose CommentsPermalink
Subtitle C--Education and Training
Sec. 521. National Defense University outplacement waiver.CommentsClose CommentsPermalink
Sec. 522. Revision to definition of joint duty assignment to include all instructor assignments for joint training and education.CommentsClose CommentsPermalink
Sec. 523. Authority to enroll certain seriously wounded, ill, or injured former or retired enlisted servicemembers in associate degree programs of the Community College of the Air Force in order to complete degree program.CommentsClose CommentsPermalink
Sec. 524. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC.CommentsClose CommentsPermalink
Sec. 525. Expansion of authority relating to Phase II of three-phase approach to Joint Professional Military Education.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal Matters
Sec. 531. Procedures for judicial review of certain military personnel decisions.CommentsClose CommentsPermalink
Sec. 532. Authority to compel production of documentary evidence prior to trial in military justice cases.CommentsClose CommentsPermalink
Sec. 533. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under Uniform Code of Military Justice.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 541. Revision to membership of Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink
Sec. 542. Inclusion of Northern Mariana Islands as a ‘State’ for purposes of the Uniformed and Overseas Citizens Absentee Voting Act.CommentsClose CommentsPermalink
Sec. 543. Specification of the period for which a request for an absentee ballot from an overseas voter is valid.CommentsClose CommentsPermalink
Sec. 544. Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program.CommentsClose CommentsPermalink
Sec. 545. Military grooming and appearance standards.CommentsClose CommentsPermalink
Sec. 546. Repeal of mandatory high-deployment allowance.CommentsClose CommentsPermalink
Sec. 547. Three-year extension and revision of authorities relating to transition of military dependent students among local educational agencies.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--General Matters
Sec. 601. One-year extension of certain expiring bonus and special pay authorities.CommentsClose CommentsPermalink
Sec. 602. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to very remote locations outside the continental United States.CommentsClose CommentsPermalink
Sec. 603. Travel and transportation allowance for dependent child of member stationed overseas who is attending overseas university, college or similar institution.CommentsClose CommentsPermalink
Sec. 604. Lodging accommodations for members assigned to duty in connection with commissioning or fitting out of a ship.CommentsClose CommentsPermalink
Sec. 605. Revision to certain definitions relating to families of servicemembers for purposes of family and medical leave .CommentsClose CommentsPermalink
Subtitle B--Consolidation and Reform of Travel and Transportation Authorities
Sec. 611. Consolidation and reform of travel and transportation authorities of the uniformed services.CommentsClose CommentsPermalink
Sec. 612. Transition provisions.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Reserve component mental health student stipend.CommentsClose CommentsPermalink
Sec. 702. Transition enrollment of Uniformed Services Family Health Plan Medicare-eligible retirees to Tricare for Life.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 801. Revision to law relating to disclosures to litigation support contractors.CommentsClose CommentsPermalink
Sec. 802. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and increase in cost limitation.CommentsClose CommentsPermalink
Sec. 803. Increase in dollar thresholds for authorities for acquisition of low-cost interests in land and unspecified minor construction projects for anti-terrorism and force protection purposes.CommentsClose CommentsPermalink
Sec. 804. Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel.CommentsClose CommentsPermalink
Sec. 805. Investment threshold increase for contingency operations.CommentsClose CommentsPermalink
Sec. 806. Limited additional authority for delegation to make determinations that cooperative research and development projects will improve conventional defense capabilities.CommentsClose CommentsPermalink
Sec. 807. Extension to all contractor employees of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under government contracts.CommentsClose CommentsPermalink
Sec. 808. Treatment of critical cost growth in major defense acquisition programs when cost growth is primarily due to quantity changes.CommentsClose CommentsPermalink
Sec. 809. Extension of availability of funds in the Defense Acquisition Workforce Development Fund.CommentsClose CommentsPermalink
Sec. 810. Authority to designate increments or blocks of space vehicles as major subprograms.CommentsClose CommentsPermalink
Sec. 811. Special emergency procurement authority.CommentsClose CommentsPermalink
Sec. 812. Repeal or revision of certain acquisition-related provisions enacted in fiscal year 2011 National Defense Authorization Act.CommentsClose CommentsPermalink
Sec. 813. Access to contractor and subcontractor records for contracts with foreign entities in support of contingency operations in the United States Central Command area of responsibility.CommentsClose CommentsPermalink
Sec. 814. Revision to covered programs subject to certification pursuant to sections 2366a and 2366b of title 10, United States Code.CommentsClose CommentsPermalink
Sec. 815. Five-year extension of Department of Defense Mentor-Protege Pilot Program.CommentsClose CommentsPermalink
Sec. 816. Restriction on contracting and voiding contracts and subcontracts in support of contingency operations in the United States Central Command theater of operations.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Intelligence-Related Matters
Sec. 901. Appropriations for Defense intelligence elements.CommentsClose CommentsPermalink
Sec. 902. Authority to credit military graduates of the National Defense Intelligence College with completion of Joint Professional Military Education Phase I.CommentsClose CommentsPermalink
Sec. 903. Broadening of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions.CommentsClose CommentsPermalink
Sec. 904. Facilities for intelligence collection or special operations activities abroad.CommentsClose CommentsPermalink
Subtitle B--Space Activities
Sec. 911. Revisions to policy on development and procurement of unmanned systems.CommentsClose CommentsPermalink
Sec. 912. Commercial space launch cooperation.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Sec. 1001. Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function.CommentsClose CommentsPermalink
Sec. 1002. Revision to conditions on status of retired aircraft carrier ex-John F. Kennedy.CommentsClose CommentsPermalink
Sec. 1003. Authority to provide information for maritime safety of forces and hydrographic support.CommentsClose CommentsPermalink
Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements.CommentsClose CommentsPermalink
Sec. 1005. Repeal of strategic airlift aircraft inventory requirement.CommentsClose CommentsPermalink
Sec. 1006. Change in name of the Industrial College of the Armed Forces to the Dwight D. Eisenhower School for National Security and Resource Strategy at the National Defense University.CommentsClose CommentsPermalink
Sec. 1007. Establishment of the Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs.CommentsClose CommentsPermalink
Sec. 1008. Ratemaking procedures for Civil Reserve Air Fleet contracts.CommentsClose CommentsPermalink
Sec. 1009. Two-year extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia.CommentsClose CommentsPermalink
Sec. 1010. Two-year extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink
Sec. 1011. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts.CommentsClose CommentsPermalink
Sec. 1012. Management of Department of Defense installations.CommentsClose CommentsPermalink
Sec. 1013. Authority for use of amounts recovered for damage to Government property.CommentsClose CommentsPermalink
Sec. 1014. Treatment under Freedom of Information Act of certain Department of Defense critical infrastructure information.CommentsClose CommentsPermalink
Sec. 1015. Exemption from Freedom of Information Act for data files of the Military Flight Operations Quality Assurance systems of the military departments.CommentsClose CommentsPermalink
Sec. 1016. One-year extension of authority to provide additional support for counter-drug activities of certain foreign governments.CommentsClose CommentsPermalink
Sec. 1017. Extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.CommentsClose CommentsPermalink
Sec. 1018. Quadrennial long-term plan for the procurement of aircraft for the Navy and the Air Force.CommentsClose CommentsPermalink
Sec. 1019. Authorization for Department of Defense to carry out personnel recovery reintegration and post-isolation support activities.CommentsClose CommentsPermalink
Sec. 1020. Pilot program to provide incremental support to nongovernmental organizations participating in humanitarian and civic assistance activities in the area of operations of United States Southern Command.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Revisions to beneficiary designation provisions for death gratuity payable upon death of a United States Government employee.CommentsClose CommentsPermalink
Sec. 1102. Placement of National Guard non-dual status technicians in the excepted service with all dual status National Guard technicians.CommentsClose CommentsPermalink
Sec. 1103. Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship.CommentsClose CommentsPermalink
Sec. 1104. Authority of Service Secretaries to employ up to 10 persons without pay.CommentsClose CommentsPermalink
Sec. 1105. Authority for waiver of recovery of certain payments previously made under Civilian Employees Voluntary Separation Incentive Program.CommentsClose CommentsPermalink
Sec. 1106. Extension of eligibility to continue Federal employee health benefits for certain former employees of the Department of Defense.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Extension of authority for support of special operations to combat terrorism.CommentsClose CommentsPermalink
Sec. 1202. One-year extension of Commanders’ Emergency Response Program and extension of due date for quarterly reports to Congress.CommentsClose CommentsPermalink
Sec. 1203. Five-year extension of authorization for non-conventional assisted recovery capabilities.CommentsClose CommentsPermalink
Sec. 1204. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.CommentsClose CommentsPermalink
Sec. 1205. Designation of additional ‘high income’ countries prohibited from receiving international military education and training grant assistance under chapter 5 of the Foreign Assistance Act.CommentsClose CommentsPermalink
Sec. 1206. 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. 1207. Department of Defense participation in programs relating to multilateral exchange of air and surface transportation capacity.CommentsClose CommentsPermalink
Sec. 1208. 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. 1209. Authorization of appropriations for Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1210. Temporary acquisition authority with respect to Northern Distribution Network for shipment of supplies to Afghanistan.CommentsClose CommentsPermalink
Sec. 1211. One-year extension of authority to use funds for reintegration activities in Afghanistan.CommentsClose CommentsPermalink
Sec. 1212. One-year authority to fund operations and activities of Office of Security Cooperation-Iraq.CommentsClose CommentsPermalink
Sec. 1213. Expansion of scope of humanitarian demining assistance program to include stockpiled conventional munitions.CommentsClose CommentsPermalink
Sec. 1214. Establishment of a Global Security Contingency Fund.CommentsClose CommentsPermalink
Sec. 1215. Authority for the Ministry of Defense Advisors Program.CommentsClose CommentsPermalink
Sec. 1216. Afghanistan Infrastructure Fund.CommentsClose CommentsPermalink
Sec. 1217. One-year extension of authority for Task Force for Business and Stability Operations in Afghanistan.CommentsClose CommentsPermalink
TITLE XIII--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1301. Working capital funds.CommentsClose CommentsPermalink
Sec. 1302. National Defense Sealift Fund.CommentsClose CommentsPermalink
Sec. 1303. Joint Urgent Operational Needs Fund.CommentsClose CommentsPermalink
Sec. 1304. Chemical Agents and Munitions Destruction, Defense.CommentsClose CommentsPermalink
Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-Wide.CommentsClose CommentsPermalink
Sec. 1306. Defense Inspector General.CommentsClose CommentsPermalink
Sec. 1307. Defense Health Program.CommentsClose CommentsPermalink
Subtitle B--Armed Forces Retirement Home
Sec. 1311. Authorization of appropriations for armed forces retirement home.CommentsClose CommentsPermalink
TITLE XIV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR FISCAL YEAR 2012
Sec. 1401. Purpose.CommentsClose CommentsPermalink
Sec. 1402. Army procurement.CommentsClose CommentsPermalink
Sec. 1403. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 1404. Navy and Marine Corps procurement.CommentsClose CommentsPermalink
Sec. 1405. Air Force procurement.CommentsClose CommentsPermalink
Sec. 1406. Joint Urgent Operational Needs Fund.CommentsClose CommentsPermalink
Sec. 1407. Mine Resistant Ambush Protected Vehicle Fund.CommentsClose CommentsPermalink
Sec. 1408. Defense-wide activities procurement.CommentsClose CommentsPermalink
Sec. 1409. Research, development, test, and evaluation.CommentsClose CommentsPermalink
Sec. 1410. Operation and maintenance.CommentsClose CommentsPermalink
Sec. 1411. Military personnel.CommentsClose CommentsPermalink
Sec. 1412. Working Capital Funds.CommentsClose CommentsPermalink
Sec. 1413. Defense Health Program.CommentsClose CommentsPermalink
Sec. 1414. Drug Interdiction and Counter-Drug Activities, Defense-Wide.CommentsClose CommentsPermalink
Sec. 1415. Defense Inspector General.CommentsClose CommentsPermalink
TITLE XV--ARMED FORCES RETIREMENT HOME
Sec. 1501. Amendment of Armed Forces Retirement Home Act of 1991.CommentsClose CommentsPermalink
Sec. 1502. Annual validation of multiyear accreditation.CommentsClose CommentsPermalink
Sec. 1503. Clarification of responsibilities and duties of Senior Medical Advisor .CommentsClose CommentsPermalink
Sec. 1504. Replacement of local boards of trustees for each facility with single Advisory Council.CommentsClose CommentsPermalink
Sec. 1505. Administrators, ombudsmen, and staff of facilities.CommentsClose CommentsPermalink
Sec. 1506. Revision to inspection requirements.CommentsClose CommentsPermalink
Sec. 1507. Repeal of obsolete provisions.CommentsClose CommentsPermalink
Sec. 1508. Technical, conforming, and clerical amendments.CommentsClose CommentsPermalink
TITLE XVI--REDUCTION IN DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS
Subtitle A--Repeal of Existing Report Requirements
Sec. 1601. Repeal of reporting requirements under title 10, United States Code.CommentsClose CommentsPermalink
Sec. 1602. Repeal of reporting requirements under annual defense authorization Acts.CommentsClose CommentsPermalink
Sec. 1603. Repeal of reporting requirements under other laws.CommentsClose CommentsPermalink
Subtitle B--Modifications to Existing Report Requirements
Sec. 1611. Modification to reporting requirements under title 10, United States Code.CommentsClose CommentsPermalink
Sec. 1612. Modification to reporting requirements under annual defense authorization Acts .CommentsClose CommentsPermalink
Sec. 1613. Modification to reporting requirements under other laws.CommentsClose CommentsPermalink
Subtitle C--Other Report-related Provisions to Further Efficient Management of the Department of Defense
Sec. 1621. Biennial authority for Secretary of Defense to terminate Department of Defense reporting requirements determined by the Secretary to be unnecessary or incompatible with efficient management of the Department of Defense.CommentsClose CommentsPermalink
Sec. 1622. Improved management of congressional reporting requirements applicable to Department of Defense.CommentsClose CommentsPermalink
TITLE XVII--REDUCTION IN DEPARTMENT OF ENERGY-RELATED REPORTING REQUIREMENTS
Sec. 1701. Consolidated reporting requirements relating to nuclear stockpile stewardship.CommentsClose CommentsPermalink
Sec. 1702. Repeal of requirement for annual report on the security vulnerabilities of the computers of certain national laboratories of the Department of Energy.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
TITLE XXI--ARMY MILITARY CONSTRUCTION
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 2011 projects.CommentsClose CommentsPermalink
Sec. 2107. Additional authority to carry out certain fiscal year 2012 project.CommentsClose CommentsPermalink
Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects.CommentsClose CommentsPermalink
Sec. 2109. Extension of authorizations of certain fiscal year 2009 projects.CommentsClose CommentsPermalink
Sec. 2110. Technical amendments to correct certain project specifications.CommentsClose CommentsPermalink
TITLE XXII--NAVY MILITARY CONSTRUCTION
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
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
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
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
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
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 authorization of certain fiscal year 2008 project.CommentsClose CommentsPermalink
Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects.CommentsClose CommentsPermalink
TITLE XXVII--BASE REALIGNMENT AND CLOSURE 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. Authority to extend deadline for completion of limited number of base closure and realignment recommendations.CommentsClose CommentsPermalink
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Sec. 2801. Clarification of authority to use the Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration activities at the Pentagon Reservation.CommentsClose CommentsPermalink
Sec. 2802. Increase in dollar threshold for certain authorities relating to unspecified minor construction projects.CommentsClose CommentsPermalink
Sec. 2803. Enhanced authority for use of operation and maintenance funds for unspecified minor military construction projects in support of Operation Enduring Freedom.CommentsClose CommentsPermalink
Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.CommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE I--PROCUREMENTCommentsClose CommentsPermalink
TITLE I--PROCUREMENTCommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Army as follows:CommentsClose CommentsPermalink
(1) For aircraft, $7,061,381,000.CommentsClose CommentsPermalink
(2) For missiles, $1,478,718,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles, $1,933,512,000.CommentsClose CommentsPermalink
(4) For ammunition, $1,992,625,000.CommentsClose CommentsPermalink
(5) For other procurement, $9,682,592,000.CommentsClose CommentsPermalink
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Navy as follows:CommentsClose CommentsPermalink
(1) For aircraft, $18,587,033,000.CommentsClose CommentsPermalink
(2) For weapons, including missiles and torpedoes, $3,408,478,000.CommentsClose CommentsPermalink
(3) For shipbuilding and conversion, $14,928,921,000.CommentsClose CommentsPermalink
(4) For other procurement, $6,285,451,000.CommentsClose CommentsPermalink
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Marine Corps in the amount of $1,391,602,000.CommentsClose CommentsPermalink
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement of ammunition for the Navy and Marine Corps in the amount of $719,952,000.CommentsClose CommentsPermalink
SEC. 103. AIR FORCE.
(a) Fiscal Year 2012- Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Air Force as follows:CommentsClose CommentsPermalink
(1) For aircraft, $14,082,527,000.CommentsClose CommentsPermalink
(2) For ammunition, $539,065,000.CommentsClose CommentsPermalink
(3) For missiles, $6,074,017,000.CommentsClose CommentsPermalink
(4) For other procurement, $17,602,036,000.CommentsClose CommentsPermalink
(b) Advance Appropriations- In addition to the funds authorized to be appropriated for fiscal year 2012 in subsection (a)(3) that are for procurement of Advanced Extremely High Frequency communications satellites and for certain classified programs, funds, in the form of advance appropriations, are hereby authorized to be appropriated for procurement of missiles for the Air Force in the amount of $3,212,495,000 for full funding of procurement of Advanced Extremely High Frequency communications satellites five and six and for certain classified programs, as follows:CommentsClose CommentsPermalink
(1) For fiscal year 2013, $803,417,000.CommentsClose CommentsPermalink
(2) For fiscal year 2014, $699,611,000.CommentsClose CommentsPermalink
(3) For fiscal year 2015, $634,567,000.CommentsClose CommentsPermalink
(4) For fiscal year 2016, $358,200,000.CommentsClose CommentsPermalink
(5) For fiscal year 2017, $716,700,000.CommentsClose CommentsPermalink
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2012 for Defense-wide procurement in the amount of $5,365,248,000.CommentsClose CommentsPermalink
SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Joint Improvised Explosive Device Defeat Fund in the amount of $220,634,000.CommentsClose CommentsPermalink
SEC. 106. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year 2012 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $19,964,000.CommentsClose CommentsPermalink
Subtitle B--Army ProgramsCommentsClose CommentsPermalink
Subtitle B--Army ProgramsCommentsClose CommentsPermalink
SEC. 111. MULTI-YEAR 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
(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--Navy ProgramsCommentsClose CommentsPermalink
Subtitle C--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
(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 D--Air Force ProgramsCommentsClose CommentsPermalink
Subtitle D--Air Force ProgramsCommentsClose CommentsPermalink
SEC. 131. PROCUREMENT OF LIGHT ATTACK ARMED RECONNAISSANCE AIRCRAFT FOR TRAINING FOREIGN MILITARIES AND FOREIGN SECURITY FORCES.
The Secretary of the Air Force may acquire Light Attack Armed Reconnaissance (LAAR) aircraft for Air Force inventory to be used in connection with training foreign military and other security forces.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONCommentsClose 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 follows:CommentsClose CommentsPermalink
(1) For the Army, $9,683,980,000.CommentsClose CommentsPermalink
(2) For the Navy, $17,956,431,000.CommentsClose CommentsPermalink
(3) For the Air Force, $27,737,701,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $19,755,678,000.CommentsClose CommentsPermalink
(5) For the Director of Operational Test and Evaluation, $191,292,000.CommentsClose CommentsPermalink
SEC. 202. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE.
(a) Repeal-
(b) Clerical Amendment- The table of sections at the beginning of chapter 139 of such title is amended by striking the item relating to section 2359a.CommentsClose CommentsPermalink
SEC. 203. REQUIREMENT FOR 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 (
(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 specified 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
TITLE III--OPERATION AND MAINTENANCECommentsClose CommentsPermalink
Subtitle A--Authorization of AppropriationsCommentsClose 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, in amounts as follows:CommentsClose CommentsPermalink
(1) For the Army, $34,735,216,000.CommentsClose CommentsPermalink
(2) For the Navy, $39,364,688,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $5,960,437,000.CommentsClose CommentsPermalink
(4) For the Air Force, $36,195,133,000.CommentsClose CommentsPermalink
(5) For Defense-wide activities, $30,940,409,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $3,109,176,000.CommentsClose CommentsPermalink
(7) For the Navy Reserve, $1,323,134,000.CommentsClose CommentsPermalink
(8) For the Marine Corps Reserve, $271,443,000.CommentsClose CommentsPermalink
(9) For the Air Force Reserve, $3,274,359,000.CommentsClose CommentsPermalink
(10) For the Army National Guard, $7,041,432,000.CommentsClose CommentsPermalink
(11) For the Air National Guard, $6,136,280,000.CommentsClose CommentsPermalink
(12) For the United States Court of Appeals for the Armed Forces, $13,861,000.CommentsClose CommentsPermalink
(13) For the Department of Defense Acquisition Workforce Development Fund, $734,100,000.CommentsClose CommentsPermalink
(14) For Environmental Restoration, Army, $346,031,000.CommentsClose CommentsPermalink
(15) For Environmental Restoration, Navy, $308,668,000.CommentsClose CommentsPermalink
(16) For Environmental Restoration, Air Force, $525,453,000.CommentsClose CommentsPermalink
(17) For Environmental Restoration, Defense-wide, $10,716,000.CommentsClose CommentsPermalink
(18) For Environmental Restoration, Formerly Used Defense Sites, $276,495,000.CommentsClose CommentsPermalink
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $107,662,000.CommentsClose CommentsPermalink
(20) For Cooperative Threat Reduction programs, $508,219,000.CommentsClose CommentsPermalink
(21) For the Overseas Contingency Operations Transfer Fund, $5,000,000.CommentsClose CommentsPermalink
Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink
Subtitle B--Environmental ProvisionsCommentsClose CommentsPermalink
SEC. 311. PAYMENT TO EPA OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of the Navy may, notwithstanding
(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(14) 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
Subtitle C--Other MattersCommentsClose CommentsPermalink
Subtitle C--Other MattersCommentsClose CommentsPermalink
SEC. 321. AUTHORITY TO ESTABLISH READINESS RESERVE SUBACCOUNT IN THE TRANSPORTATION WORKING-CAPITAL FUND.
(1) inserting ‘(1)’ before ‘The Secretary of Defense’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2)(A) The Secretary of Defense may establish within the working-capital fund administered by the commander of the United States Transportation Command a subaccount to be known as the readiness reserve subaccount. The Secretary may transfer to, and retain in, that subaccount excess funds received during high-tempo operations in order to fund, to the extent possible, mission-critical catastrophic loss replacement or major repair of transportation assets used to produce revenue for the working-capital fund. The maximum amount that may be maintained in the subaccount is $50,000,000.CommentsClose CommentsPermalink
‘(B) The Secretary may use funds in the subaccount--CommentsClose CommentsPermalink
‘(i) to repair or replace those assets that the commander of the United States Transportation Command requires to directly fulfill the mission of that command; andCommentsClose CommentsPermalink
‘(ii) to purchase improvements to distribution infrastructure, excluding military construction, if economically favorable, in amounts not to exceed $10,000,000 per unit.CommentsClose CommentsPermalink
‘(C) The subaccount shall be managed so that funds in the subaccount are used to supplement, and not replace, obligations of the military departments for provision of transportation assets.CommentsClose CommentsPermalink
‘(D) The Secretary shall provide that, in any case in which funds in the subaccount are used to purchase or pay for a replacement or repair for which funds would otherwise be provided from funds available for one of the armed forces, the otherwise applicable funding source shall reimburse the subaccount.CommentsClose CommentsPermalink
‘(E) With the exception of distribution infrastructure, the subaccount may be used only for a repair, replacement, or procurement that is authorized to be carried out by the military department or fund providing the reimbursement for the repair, replacement, or procurement.CommentsClose CommentsPermalink
‘(F) The Secretary may use funds in the subaccount for a repair, replacement, or procurement only when a delay in obtaining funds from the military department or fund that would otherwise provide funds for the repair, replacement, or procurement would impair the ability of the commander of the United States Transportation Command to continue mission-critical responsibilities.CommentsClose CommentsPermalink
‘(G) The Secretary may use funds in the subaccount to make a purchase in an amount in excess of $10,000,000 only after the Secretary has submitted to the congressional defense committees, not less than 30 days before obligation of funds for the purchase, a written notification of the proposed purchase.’.CommentsClose CommentsPermalink
SEC. 322. CLARIFICATION OF THE AIRLIFT SERVICE DEFINITIONS RELATIVE TO THE CIVIL RESERVE AIR FLEET.
(a) Clarification-
(1) by striking ‘transport category aircraft’ in subsections (a)(1), (b), and (c) and inserting ‘CRAF-eligible aircraft’; andCommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘that has aircraft in the civil reserve air fleet’ and inserting ‘referred to in subsection (a)’.CommentsClose CommentsPermalink
(b) CRAF-Eligible Aircraft Defined- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(e) CRAF-Eligible Aircraft Defined- In this section, ‘CRAF-eligible aircraft’ means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.’.CommentsClose CommentsPermalink
SEC. 323. EXPANSION OF USE OF UNIFORM FUNDING AUTHORITY TO PERMANENT CHANGE OF STATION AND TEMPORARY DUTY LODGING PROGRAMS OPERATED THROUGH NONAPPROPRIATED FUND INSTRUMENTALITIES.
(1) in subsection (a), by inserting ‘and permanent change of station and temporary duty lodging programs’ after ‘morale, welfare, and recreation programs’ both places it appears;CommentsClose CommentsPermalink
(2) in subsection (b), by inserting ‘or a permanent change of station and temporary duty lodging program’ after ‘morale, welfare, and recreation program’; andCommentsClose CommentsPermalink
(3) in subsection (c)(1), by inserting ‘and permanent change of station and temporary duty lodging programs’ after ‘morale, welfare, and recreation programs’.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Active ForcesCommentsClose CommentsPermalink
Subtitle A--Active ForcesCommentsClose CommentsPermalink
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2012, as follows:CommentsClose CommentsPermalink
(1) The Army, 562,000.CommentsClose CommentsPermalink
(2) The Navy, 325,700.CommentsClose CommentsPermalink
(3) The Marine Corps, 202,100.CommentsClose CommentsPermalink
(4) The Air Force, 332,800.CommentsClose CommentsPermalink
Subtitle B--Reserve ForcesCommentsClose CommentsPermalink
Subtitle B--Reserve ForcesCommentsClose CommentsPermalink
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2012, as follows:CommentsClose CommentsPermalink
(1) The Army National Guard of the United States, 358,200.CommentsClose CommentsPermalink
(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink
(3) The Navy Reserve, 66,200.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 71,400.CommentsClose CommentsPermalink
(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink
(b) End Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year, andCommentsClose CommentsPermalink
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.CommentsClose CommentsPermalink
(c) End Strength Increases- Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.CommentsClose CommentsPermalink
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2012, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:CommentsClose CommentsPermalink
(1) The Army National Guard of the United States, 32,060.CommentsClose CommentsPermalink
(2) The Army Reserve, 16,261.CommentsClose CommentsPermalink
(3) The Navy Reserve, 10,337.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 14,833.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 2,662.CommentsClose CommentsPermalink
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2012 for the reserve components of the Army and the Air Force (notwithstanding
(1) For the Army Reserve, 8,395.CommentsClose CommentsPermalink
(2) For the Army National Guard of the United States, 27,210.CommentsClose CommentsPermalink
(3) For the Air Force Reserve, 10,777.CommentsClose CommentsPermalink
(4) For the Air National Guard of the United States, 22,509.CommentsClose CommentsPermalink
SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(a) Limitations-CommentsClose CommentsPermalink
(1) NATIONAL GUARD- Within the limitation provided in
(A) For the Army National Guard of the United States, 1,600.CommentsClose CommentsPermalink
(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink
(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2012, may not exceed 595.CommentsClose CommentsPermalink
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2012, may not exceed 90.CommentsClose CommentsPermalink
(b) Non-Dual Status Technicians Defined- In this section, the term ‘non-dual status technician’ has the meaning given that term in
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2012, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under
(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink
(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink
(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 3,000.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 14,000.CommentsClose CommentsPermalink
Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink
Subtitle C--Authorization of AppropriationsCommentsClose CommentsPermalink
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations- There is hereby authorized to be appropriated for military personnel for fiscal year 2012 a total of $132,096,541,000.CommentsClose CommentsPermalink
(b) Construction of Authorization- The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2012.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Officer Personnel PolicyCommentsClose CommentsPermalink
Subtitle A--Officer Personnel PolicyCommentsClose CommentsPermalink
SEC. 501. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION FOR CERTAIN RESERVE OFFICERS OF THE ARMY EMPLOYED AS ARMY RESERVE MILITARY TECHNICIANS.
‘(i) Certain Reserve Officers- A reserve officer who is employed as military technician (dual status) under section 10216 of this title, and who has been retained beyond mandatory removal date for years of service under the provisions of either section 10216(f) or 14702(a)(2) of this title, is not eligible for consideration for promotion by a mandatory promotion board convened under section 14101(a) of this title.’.CommentsClose CommentsPermalink
SEC. 502. STANDARDIZATION OF GRADE FOR CERTAIN MEDICAL AND DENTAL BRANCH CHIEF POSITIONS.
(a) Army-CommentsClose CommentsPermalink
(1) CHIEF OF NURSE CORPS-
(2) DEPUTY AND ASSISTANT CHIEFS OF BRANCHES- Section 3039(b) of such title is amended by striking ‘major general’ in the last sentence and inserting ‘brigadier general’.CommentsClose CommentsPermalink
(b) Navy-CommentsClose CommentsPermalink
(1) CHIEF OF DENTAL CORPS- Section 5138(a) of such title is amended by striking ‘not below’ and inserting ‘in’.CommentsClose CommentsPermalink
(2) DIRECTOR OF NURSE CORPS- Section 5150(c) of such title is amended--CommentsClose CommentsPermalink
(A) in the first sentence, by striking ‘rear admiral’ the first place it appears and all that follows through ‘Service Corps’ and inserting ‘rear admiral (lower half)’; andCommentsClose CommentsPermalink
(B) by striking the last sentence.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT- Section 526(a)(2) of such title is amended by striking ‘160’ and inserting ‘161’.CommentsClose CommentsPermalink
(c) Air Force-CommentsClose CommentsPermalink
(1) CHIEF OF NURSE CORPS- Section 8069(b) of such title is amended by striking ‘major general’ in the second sentence and inserting ‘brigadier general’.CommentsClose CommentsPermalink
(2) ASSISTANT SURGEON GENERAL FOR DENTAL SERVICES- Section 8081 of such title is amended by striking ‘major general’ in the second sentence and inserting ‘brigadier general’.CommentsClose CommentsPermalink
SEC. 503. FORCE MANAGEMENT ENHANCEMENTS.
(a) Reinstatement of Authority for Enhanced Selective Early Retirement Boards and Early Discharges-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘, during the period beginning on October 1, 1990,’ and all that follows through ‘December 31, 2012,’; andCommentsClose CommentsPermalink
(B) by inserting at the end the following new sentence: ‘Any such authority provided the Secretary of a military department under the preceding sentence shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.’; andCommentsClose CommentsPermalink
(2) in subsection (d)(2), by striking ‘except that during the period beginning on October 1, 2006, and ending on December 31, 2012,’ in subparagraphs (A) and (B) and inserting ‘except that through December 31, 2018,’.CommentsClose CommentsPermalink
(b) Extension of Voluntary Separation Pay-
(c) Voluntary Retirement Incentive-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 36 of title 10, United States Code, is amended by inserting after section 638a the following new section:CommentsClose CommentsPermalink
‘Sec. 638b. Voluntary retirement incentive
‘(a) Incentive for Voluntary Retirement for Certain Officers- The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (b) as being eligible for such a payment. Any such authority provided the Secretary of a military department under the preceding sentence shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.CommentsClose CommentsPermalink
‘(b) Eligible Officers-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer--CommentsClose CommentsPermalink
‘(A) has served on active duty for more than 20 years but no more than 29 years on the approved date of retirement;CommentsClose CommentsPermalink
‘(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 3911, 6323, or 8911 of this title 10, as applicable to that officer;CommentsClose CommentsPermalink
‘(C) on the approved date of retirement has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;CommentsClose CommentsPermalink
‘(D) on the approved date of retirement has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; andCommentsClose CommentsPermalink
‘(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof.CommentsClose CommentsPermalink
‘(2) OFFICERS NOT ELIGIBLE- The following officers are not eligible for a voluntary retirement incentive payment under this section:CommentsClose CommentsPermalink
‘(A) An officer being evaluated for disability under chapter 61 of this title.CommentsClose CommentsPermalink
‘(B) An officer projected to be retired under section 1201 or 1204 of this title.CommentsClose CommentsPermalink
‘(C) An officer projected to be discharged with disability severance pay under section 1212 of this title.CommentsClose CommentsPermalink
‘(D) A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.CommentsClose CommentsPermalink
‘(E) An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.CommentsClose CommentsPermalink
‘(c) Amount of Voluntary Retirement Incentive Payment- A voluntary retirement incentive payment paid to an officer under this section may be paid in a lump sum at the time of retirement and may be in an amount determined by the Secretary concerned not to exceed 12 times the amount of the officer’s monthly basic pay at the time of the officer’s retirement.CommentsClose CommentsPermalink
‘(d) Repayment for Members Who Return to Active Duty-CommentsClose CommentsPermalink
‘(1) Except as provided in paragraph (2) a member of the armed forces who, after having received all or part of voluntary retirement incentive under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary retirement incentive received.CommentsClose CommentsPermalink
‘(2) Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection.CommentsClose CommentsPermalink
‘(3) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter IV of such chapter is amended by inserting after the item relating to section 638a the following new item:CommentsClose CommentsPermalink
‘638b. Voluntary retirement incentive.’.CommentsClose CommentsPermalink
(d) Authority To Reduce Years of Service for Mandatory Retirement for Certain Officers in Pay Grades O-5 and O-6-CommentsClose CommentsPermalink
(1) LIEUTENANT COLONELS AND NAVY COMMANDERS-
Section 633 of title 10, United States Code , is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink‘(c) Authority for Earlier Mandatory Retirement- Under regulations prescribed by the Secretary of Defense, during the period beginning on January 1, 2013, and ending on December 31, 2018, the Secretary concerned may reduce the amount of service specified in subsection (a) from 28 years to a period (determined by the Secretary concerned) of not less than 25 years of active commissioned service. Any such reduction under this subsection may not become effective before the first day of the twelfth calendar month beginning after the month in which the Secretary concerned approves and announces the reduction.’.CommentsClose CommentsPermalink
(2) COLONELS AND NAVY CAPTAINS-
Section 634 of title 10, United States Code , is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink‘(c) Authority for Earlier Mandatory Retirement- Under regulations prescribed by the Secretary of Defense, during the period beginning on January 1, 2013, and ending on December 31, 2018, the Secretary concerned may reduce the amount of service specified in subsection (a) from 30 years to a period (determined by the Secretary concerned) of not less than 27 years of active commissioned service. Any such reduction under this subsection may not become effective before the first day of the twelfth calendar month beginning after the month in which the Secretary concerned approves and announces the reduction.’.CommentsClose CommentsPermalink
Subtitle B--Reserve Component ManagementCommentsClose CommentsPermalink
Subtitle B--Reserve Component ManagementCommentsClose CommentsPermalink
SEC. 511. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST BE PROVIDED FOR RESERVE COMPONENT MEMBERS BEING DEMOBILIZED.
SEC. 512. CLARIFICATION OF APPLICABILITY OF AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60.
(1) by inserting ‘Authority for’ before ‘Deferral of Mandatory Separation’;CommentsClose CommentsPermalink
(2) by striking ‘shall implement’ and inserting ‘may each implement’;CommentsClose CommentsPermalink
(3) by inserting ‘, at the discretion of the Secretary concerned,’ after ‘so as to allow’; andCommentsClose CommentsPermalink
(4) by inserting ‘(in the case of such a military technician (dual status) who is an officer)’ after ‘for officers’.CommentsClose CommentsPermalink
SEC. 513. EXPANSION OF AUTHORITY TO ORDER SELECTED RESERVE AND CERTAIN INDIVIDUAL READY RESERVE MEMBERS TO ACTIVE DUTY OTHER THAN DURING WAR OR NATIONAL EMERGENCY.
(a) Expansion of Authority- Subsection (a) of
(1) by striking ‘for any operational mission’; andCommentsClose CommentsPermalink
(2) by inserting ‘consecutive’ after ‘365’.CommentsClose CommentsPermalink
(b) Budgeting- Subsection (c) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4)(A) Except as provided in subparagraph (B), a unit or member of a reserve component may be ordered to active duty under this section during a fiscal year only if the manpower and associated costs of such active duty were specifically included and identified in the defense budget materials for that fiscal year. The budget information must include a description of the mission for which these Reserve members will be ordered to active duty, the size of the force ordered to active duty, the length of time the involuntary order will last, and the location of the mission. No more than 10,000 members of the Selected Reserves of the Military Services may be on active duty through this paragraph at any one time.CommentsClose CommentsPermalink
‘(B) The limitation in subparagraph (A) does not apply in the case of an order to active duty that is issued--CommentsClose CommentsPermalink
‘(i) to support an operational mission; orCommentsClose CommentsPermalink
‘(ii) to provide assistance referred to in subsection (b).CommentsClose CommentsPermalink
‘(C) In this paragraph, the term ‘defense budget materials’ has the meaning given that term in section 231(d)(2) of this title.’.CommentsClose CommentsPermalink
(c) Notification to Congress- Subsection (f) of such section is amended by inserting ‘to support an operational mission or to provide assistance referred to in subsection (b),’ after ‘subsection (a)’.CommentsClose CommentsPermalink
SEC. 514. TRANSFORMATION OF THE MILITARY TECHNICIAN PROGRAM.
(a) Reserve Component Technician Program- Chapter 1007 of title 10, United States Code, is amended by adding after section 10215 the following new section:CommentsClose CommentsPermalink
‘Sec. 10215a. Reserve Component Technician Program
‘Within each of the Army Reserve, the Air Force Reserve, and the National Guard, there is a Reserve Component Technician Program. Each Reserve Component Technician Program shall consist of military technicians (dual status) (as defined in section 10216 of this title) and non-dual status technicians and technicians (as defined in section 10217 of this title). The Secretary of the Army and the Secretary of the Air Force shall implement policies to manage the Program within their respective departments.’.CommentsClose CommentsPermalink
(b) Military Technicians (Dual Status)- Section 10216 of such title is amended--CommentsClose CommentsPermalink
(1) by striking subsections (b) and (c) and inserting the following:CommentsClose CommentsPermalink
‘(b) Priority Management of the Reserve Component Technician Program- (1) As a basis for making the annual request to Congress pursuant to section 115(d) of this title for authorization of end strengths for the Reserve Component Technician Program of the Army and Air Force reserve components, the Secretary of Defense shall give priority to supporting authorizations for the Reserve Component Technician Program in the following priority units and organizations:CommentsClose CommentsPermalink
‘(A) Units of the Selected Reserve whose primary mission is to participate in combat and the integral supporting elements thereof except for those units and organizations reported in subparagraph (C).CommentsClose CommentsPermalink
‘(B) Units of the Selected Reserve that are not intended to deploy or rotate through a deployment cycle but can be made available to deploy as needed.CommentsClose CommentsPermalink
‘(C) Those organizations with the primary mission of providing direct support surface and aviation maintenance for the reserve components of the Army and Air Force, to the extent that the military technicians (dual status) in such units would mobilize and deploy in a skill that is compatible with their civilian position skill.CommentsClose CommentsPermalink
‘(2) For each fiscal year, the Secretary of Defense shall, for the high-priority units and organizations referred to in paragraph (1), seek to achieve a programmed manning level in the Reserve Component Technician Program that is not less than 90 percent of the programmed manpower structure for those units and organizations authorized Reserve Component Technician Program for that fiscal year.CommentsClose CommentsPermalink
‘(3) Military technician (dual status) authorizations and personnel shall be exempt from any requirement for reductions in Department of Defense civilian personnel and shall only be reduced as part of military force structure reductions.CommentsClose CommentsPermalink
‘(c) Information Required To Be Submitted With Annual End Strength Authorization Request- (1) The Secretary of Defense shall include as part of the budget justification documents submitted to Congress with the budget of the Department of Defense for any fiscal year the following information with respect to the end strengths for military technicians (dual status) requested in that budget pursuant to section 115(c) of this title, shown separately for each of the Army and Air Force reserve components:CommentsClose CommentsPermalink
‘(A) The number of Reserve Component Technician Program personnel authorized in the priority units and organizations specified in subsection (b)(1).CommentsClose CommentsPermalink
‘(B) The number of Reserve Component Technician Program personnel assigned in the priority units and organizations specified in subsection (b)(1).CommentsClose CommentsPermalink
‘(C) The number of Reserve Component Technician Program personnel authorized in other than priority units and organizations specified in subsection (b)(1).CommentsClose CommentsPermalink
‘(D) The number of Reserve Component Technician Program personnel assigned in other than priority units and organizations specified in subsection (b)(1).CommentsClose CommentsPermalink
‘(2)(A) If the budget submitted to Congress for any fiscal year requests authorization for that fiscal year under section 115(c) of this title of a military technician (dual status) end strength for a reserve component of the Army or Air Force in a number that constitutes a reduction from the end strength minimum established by law for that reserve component for the fiscal year during which the budget is submitted, the Secretary of Defense shall submit to the congressional defense committees with that budget a justification providing the basis for that requested reduction in technician end strength.CommentsClose CommentsPermalink
‘(B) Any justification submitted under subparagraph (A) shall clearly delineate the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those reductions).’;CommentsClose CommentsPermalink
(2) in subsection (d)--CommentsClose CommentsPermalink
(A) by striking ‘(1)’; andCommentsClose CommentsPermalink
(B) by striking ‘maintain membership in--’ and all that follows and inserting ‘maintain membership in the Selected Reserve.’;CommentsClose CommentsPermalink
(3) in subsection (e)(1), by striking ‘who is no longer a member of the Selected Reserve’ and inserting ‘who serves in a position designated by the Secretary concerned to be filled only by a military technician (dual status) and who is no longer a member of the Selected Reserve’; andCommentsClose CommentsPermalink
(4) in subsection (e)(2), by striking ‘military standards’ and inserting ‘military retention standards’.CommentsClose CommentsPermalink
(c) Non-Dual Status Technicians- Section 10217 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking ‘military technician’ and inserting ‘Reserve Component Technician Program’;CommentsClose CommentsPermalink
(B) in paragraph (1), by striking ‘a technician’ and inserting ‘an employee of the Department of Defense’;CommentsClose CommentsPermalink
(C) by striking ‘or’ at the end of paragraph (2);CommentsClose CommentsPermalink
(D) by striking the period at the end of paragraph (3) and inserting ‘; or’; andCommentsClose CommentsPermalink
(E) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) is an employee of the Army Reserve’s Reserve Component Technician Program, serving in a position designated by the Secretary to be filled only by a non-dual status technician who--CommentsClose CommentsPermalink
‘(A) was hired without a requirement to maintain membership in the Selected Reserve;CommentsClose CommentsPermalink
‘(B) has ceased to be a member of the Selected Reserve; orCommentsClose CommentsPermalink
‘(C) has been assigned to a non-dual status technician position from one designated by the Secretary concerned to be filled only by a military technician (dual status).’;CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘Permanent’;CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘(1)’ and all that follows through ‘may not exceed 90.’ and inserting ‘(1)(A) The total number of non-dual status technicians employed--CommentsClose CommentsPermalink
‘(i) by the Army Reserve during a fiscal year may not exceed 60 percent of the total end strength authorizations appropriated for the Reserve Component Technician Program for that fiscal year; andCommentsClose CommentsPermalink
‘(ii) by the Air Force Reserve during a fiscal year may not exceed 10 percent of the total end strength authorizations appropriated for the Reserve Component Technician Program for that fiscal year.’; andCommentsClose CommentsPermalink
(ii) by designating the sentence beginning ‘If at any time’ as subparagraph (B) and in that subparagraph by striking ‘in the preceding sentence’ and inserting ‘in subparagraph (A)’; andCommentsClose CommentsPermalink
(C) in paragraph (2), by striking ‘1,950’ and inserting ‘15 percent of the total end strength authorization for the Reserve Component Technician Program for that fiscal year’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsections:CommentsClose CommentsPermalink
‘(e) Separate Category of Employees- Non-dual status technicians shall be authorized and accounted for as a separate category of civilian employees.CommentsClose CommentsPermalink
‘(f) Reduction in Force- Non-dual status technician authorizations and personnel shall be exempt from any requirement for reductions in Department of Defense civilian personnel and shall only be removed as part of military force reductions.CommentsClose CommentsPermalink
‘(g) Technicians- (1) For the purpose of this section and any other provision in law, a technician is a civilian employee of the Department of Defense, hired after February 10, 1996, who is no longer a member of the Selected Reserve, who is serving in a Reserve Component Technician Program position, designated by the Secretary concerned for fill only by a military technician (dual status).CommentsClose CommentsPermalink
‘(2) Subject to section 10216(e) of this title, a technician may be retained in the Reserve Component Technician Program for up to 12 months following the individual’s loss of membership in the Selected Reserve.’.CommentsClose CommentsPermalink
(d) Conditions for Retention and Mandatory Retirement- Section 10218 is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink
‘(ii) apply for a Reserve Component Technician Program or other civil service position that is not designated by the Secretary concerned as one to be filled only by a military technician (dual status).’; andCommentsClose CommentsPermalink
(B) In subparagraph (B), by striking ‘the technician--’ and all that follows and inserting ‘the individual shall be separated not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking paragraph (3).CommentsClose CommentsPermalink
(e) Clerical Amendment- The table of sections at the beginning of chapter 1007 of such title is amended by inserting after the item relating to section 10215 the following new item:CommentsClose CommentsPermalink
‘10215a. Reserve Component Technician Program.’.CommentsClose CommentsPermalink
Subtitle C--Education and TrainingCommentsClose CommentsPermalink
Subtitle C--Education and TrainingCommentsClose CommentsPermalink
SEC. 521. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.
(a) Waiver Authority for Officers Not Designated as Joint Qualified Officers- Subsection (b) of
(1) in paragraph (1), by inserting after ‘to a joint duty assignment’ the following: ‘(or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment)’; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking ‘the joint duty assignment’ and inserting ‘the assignment’; andCommentsClose CommentsPermalink
(B) by striking ‘a joint duty assignment’ and inserting ‘such an assignment’.CommentsClose CommentsPermalink
(b) Exception- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(d) Exception for Officers Graduating From Other-Than-in-Residence Programs-CommentsClose CommentsPermalink
‘(1) JOINT QUALIFIED OFFICERS- Subsection (a) does not apply to an officer graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.CommentsClose CommentsPermalink
‘(2) OTHER OFFICERS- Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.’.CommentsClose CommentsPermalink
SEC. 522. REVISION TO DEFINITION OF JOINT DUTY ASSIGNMENT TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT TRAINING AND EDUCATION.
SEC. 523. AUTHORITY TO ENROLL CERTAIN SERIOUSLY WOUNDED, ILL, OR INJURED FORMER OR RETIRED ENLISTED SERVICEMEMBERS IN ASSOCIATE DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE AIR FORCE IN ORDER TO COMPLETE DEGREE PROGRAM.
(a) Eligibility-
(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
‘(c) Seriously Wounded, Ill, or Injured Former and Retired Members- (1) The Secretary of the Air Force may authorize participation in a program of higher education under subsection (a)(1) by a person who is a former or retired enlisted member of the armed forces who at the time of the person’s separation from active duty--CommentsClose CommentsPermalink
‘(A) had commenced but had not completed a program of higher education under subsection (a)(1); andCommentsClose CommentsPermalink
‘(B) is categorized by the Secretary concerned as seriously wounded, ill, or injured.CommentsClose CommentsPermalink
‘(2) A person may not be authorized under paragraph (1) to participate in a program of higher education after the end of the 10-year period beginning on the date of the person’s separation from active duty.’.CommentsClose CommentsPermalink
(b) Conforming Amendments- Subsection (d) of such section, as redesignated by subsection (a)(1), is amended by striking ‘enlisted member’ both places it appears and inserting ‘person’.CommentsClose CommentsPermalink
(c) Effective Date- Subsection (c) of
SEC. 524. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE ARMS, TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS NOT MAINTAINING UNITS OF JUNIOR ROTC.
(a) Consolidation- Chapter 152 of title 10, United States Code, is amended by inserting after section 2552 the following new section:CommentsClose CommentsPermalink
‘Sec. 2552a. Arms, tentage, and equipment: educational institutions not maintaining units of Junior ROTC
‘The Secretary of a military department may issue arms, tentage, and equipment to an educational institution at which no unit of the Junior Reserve Officers’ Training Corps is maintained if the educational institution--CommentsClose CommentsPermalink
‘(1) offers a course in military training prescribed by that Secretary; andCommentsClose CommentsPermalink
‘(2) has a student body of at least 100 physically fit students over 14 years of age.’.CommentsClose CommentsPermalink
(b) Conforming Repeals- Sections 4651, 7911, and 9651 of such title are repealed.CommentsClose CommentsPermalink
(c) Clerical Amendments-CommentsClose CommentsPermalink
(1) The table of sections at the beginning of chapter 152 of such title is amended by inserting after the item relating to section 2552 the following new item:CommentsClose CommentsPermalink
‘2552a. Arms, tentage, and equipment: educational institutions not maintaining units of Junior ROTC.’.CommentsClose CommentsPermalink
(2) The table of sections at the beginning of chapter 441 of such title is amended by striking the item relating to section 4651.CommentsClose CommentsPermalink
(3) The table of sections at the beginning of chapter 667 of such title is amended by striking the item relating to section 7911.CommentsClose CommentsPermalink
(4) The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9651.CommentsClose CommentsPermalink
SEC. 525. EXPANSION OF AUTHORITY RELATING TO PHASE II OF THREE-PHASE APPROACH TO JOINT PROFESSIONAL MILITARY EDUCATION.
(a) Authority for Other-Than-in-Residence Program Taught Through Joint Forces Staff College-
(1) in the matter preceding subparagraph (A), by striking ‘in residence at’;CommentsClose CommentsPermalink
(2) in subparagraph (A), by inserting ‘by’ after ‘(A)’; andCommentsClose CommentsPermalink
(3) in subparagraph (B), by inserting ‘in residence at’ after ‘(B)’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 2156(b) of such title is amended by inserting ‘in residence’ after ‘course of instruction offered’.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal MattersCommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal MattersCommentsClose CommentsPermalink
SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN MILITARY PERSONNEL DECISIONS.
(a) Prohibited Personnel Actions-
(1) by adding at the end of subsection (f) the following new paragraph:CommentsClose CommentsPermalink
‘(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the member or former member’s record, the member or former member shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.’;CommentsClose CommentsPermalink
(2) in subsection (g)--CommentsClose CommentsPermalink
(A) by inserting ‘(1)’ before ‘Upon the completion of all’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) A submittal to the Secretary of Defense under paragraph (1) must be made within 90 days of the receipt of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the member or former member’s record, the member or former member shall be provided a concise written statement of the basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.’;CommentsClose CommentsPermalink
(3) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; andCommentsClose CommentsPermalink
(4) by inserting after subsection (g) the following new subsection (h):CommentsClose CommentsPermalink
‘(h) Judicial Review- A decision of the Secretary of Defense under subsection (g) or, in a case in which review by the Secretary of Defense under subsection (g) was not sought or in a case arising out of the Coast Guard when the Coast Guard is not operating as a service in the Navy, a decision of the Secretary of a military department or the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.’.CommentsClose CommentsPermalink
(b) Correction of Military Records- Section 1552 of such title is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink
‘(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the claimant shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.CommentsClose CommentsPermalink
‘(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.’.CommentsClose CommentsPermalink
(c) Judicial Review-CommentsClose CommentsPermalink
(1) Chapter 79 of such title is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘Sec. 1560. Judicial review of decisions
‘(a) After a final decision is issued pursuant to section 1552 of this title, or is issued by the Secretary of Homeland Security or the Secretary of Defense pursuant to subsections 1034(f) or 1034(g) of this title, any person aggrieved by such a decision may obtain judicial review.CommentsClose CommentsPermalink
‘(b) In exercising its authority under this section, the reviewing court shall review the record and may hold unlawful and set aside any decision demonstrated by the petitioner in the record to be--CommentsClose CommentsPermalink
‘(1) arbitrary or capricious;CommentsClose CommentsPermalink
‘(2) not based on substantial evidence;CommentsClose CommentsPermalink
‘(3) a result of material error of fact or material administrative error, but only if the petitioner identified to the correction board how the failure to follow such procedures substantially prejudiced the petitioner’s right to relief, and shows to the reviewing court by a preponderance of the evidence that the error was harmful; orCommentsClose CommentsPermalink
‘(4) otherwise contrary to law.CommentsClose CommentsPermalink
‘(c) Upon such review, the reviewing court shall affirm, modify, vacate, or reverse the decision, or remand the matter, as appropriate.CommentsClose CommentsPermalink
‘(d) Notwithstanding of subsections (a), (b), and (c), the reviewing court does not have jurisdiction to entertain any matter or issue raised in a petition of review that is not justiciable.CommentsClose CommentsPermalink
‘(e) No judicial review may be made under this section unless the petitioner shall first have requested a correction under section 1552 of this title, and the Secretary concerned shall have rendered a final decision denying that correction in whole or in part. In a case in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review by the Secretary of Defense before obtaining judicial review under this section. If the petitioner seeks review by the Secretary of Defense under section 1034(g) of this title, no judicial review may be made until the Secretary of Defense shall have rendered a final decision denying that request in whole or in part.CommentsClose CommentsPermalink
‘(f) In the case of a final decision of the Secretary described in subsection (a) made on or after the date of the enactment of this section, a petition for judicial review under this section must be filed within one year after the date of that final decision.CommentsClose CommentsPermalink
‘(g)(1) A decision by a board established under section 1552(a)(1) of this title declining to excuse the untimely filing of a request for correction of military records is not subject to judicial review under this section or otherwise subject to review in any court.CommentsClose CommentsPermalink
‘(2) A decision by a board established under section 1552(a)(1) of this title declining to reconsider or reopen a previous denial or partial denial of a request for correction of military records is not subject to judicial review under this section or otherwise subject to review in any court.CommentsClose CommentsPermalink
‘(3) Notwithstanding subsection (f), a decision by a board established under section 1552(a)(1) of this title that results in denial, in whole or in part, of any request for correction of military records that is received by the board more than six years after the date of discharge, retirement, release from active duty, or death while on active duty of the person whose military records are the subject of the correction request is not subject to judicial review under this section or otherwise subject to review in any court.CommentsClose CommentsPermalink
‘(h)(1) In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to entertain any request for correction of records cognizable under section 1034(f) and (g) or section 1552 of this title except as provided in this section.CommentsClose CommentsPermalink
‘(2) In the case of a cause of action arising after the date of the enactment of this section, except as provided by chapter 153 of title 28 and chapter 79 of this title, no court shall have jurisdiction over any civil action or claim seeking, in whole or in part, to challenge any decision for which administrative review is available under section 1552 of this title.’.CommentsClose CommentsPermalink
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘1560. Judicial review of decisions.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall take effect one year after the date of the enactment of this Act. Such amendments apply to all final decisions of the Secretary of Defense under
section 1034(g) of title 10, United States Code , and of the Secretary of a military department or the Secretary of Homeland Security under sections 1034(f) or 1552 of such title, whether rendered before or after the date of the enactment of this Act. During the period between the date of the enactment of this Act and the date on which the amendments made by this section take effect, in any case in which the final decision of the Secretary of Defense undersection 1034 of title 10, United States Code , or the Secretary concerned undersection 1552 of title 10, United States Code , results in denial, in whole or in part, of any requested correction of a member, former member, or claimant’s record, the individual shall be informed in writing of the time for obtaining review of the decision pursuant to section 1560 of such title as provided therein.CommentsClose CommentsPermalink(e) Implementation- The Secretaries concerned (as defined in
section 101(a)(9) of title 10, United States Code ) may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. In the case of the Secretary of a military department, such regulations may not take effect until approved by the Secretary of Defense.CommentsClose CommentsPermalink(f) Construction- This section does not affect the authority of any court to exercise jurisdiction over any case which was properly before it before the effective date specified in subsection (d).CommentsClose CommentsPermalink
SEC. 532. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE PRIOR TO TRIAL IN MILITARY JUSTICE CASES.
(a) Subpoena Duces Tecum-
(1) in subsection (a)(1), by striking ‘board;’ and inserting ‘board or has been duly issued a subpoena duces tecum for an investigation, including an investigation pursuant to section 832(b) of this title (article 32(b)); and’; andCommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘or board,’ and inserting ‘board, trial counsel, or convening authority,’.CommentsClose CommentsPermalink
(b) Repeal of Obsolete Provisions Relating to Fees and Mileage Payable to Witnesses- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking paragraph (2); andCommentsClose CommentsPermalink
(B) by redesignating paragraph (3) as paragraph (2); andCommentsClose CommentsPermalink
(2) by striking subsection (d).CommentsClose CommentsPermalink
(c) Technical Amendments- Subsection (a) of such section is further amended by striking ‘subpoenaed’ in paragraphs (1) and (2) (as redesignated by subsection (b)(1)(B)) and inserting ‘subpoenaed’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by subsection (a) shall apply with respect to subpoenas issued after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 533. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT UNDER UNIFORM CODE OF MILITARY JUSTICE.
(a) Rape and Sexual Assault Generally-
(1) REVISED OFFENSE OF RAPE- Subsection (a) is amended to read as follows:CommentsClose CommentsPermalink
‘(a) Rape- Any person subject to this chapter who commits a sexual act upon another person by--CommentsClose CommentsPermalink
‘(1) using unlawful force against that other person;CommentsClose CommentsPermalink
‘(2) using force causing or likely to cause death or grievous bodily harm to any person;CommentsClose CommentsPermalink
‘(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;CommentsClose CommentsPermalink
‘(4) first rendering that other person unconscious; orCommentsClose CommentsPermalink
‘(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;CommentsClose CommentsPermalink
is guilty of rape and shall be punished as a court-martial may direct.’.CommentsClose CommentsPermalink
(2) REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED BY NEW ARTICLE 120B- Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.CommentsClose CommentsPermalink
(3) REVISED OFFENSE OF SEXUAL ASSAULT- Subsection (c) is redesignated as subsection (b) and is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Sexual Assault- Any person subject to this chapter who--CommentsClose CommentsPermalink
‘(1) commits a sexual act upon another person by--CommentsClose CommentsPermalink
‘(A) threatening or placing that other person in fear;CommentsClose CommentsPermalink
‘(B) causing bodily harm to that other person;CommentsClose CommentsPermalink
‘(C) making a fraudulent representation that the sexual act serves a professional purpose; orCommentsClose CommentsPermalink
‘(D) inducing a belief by any artifice, pretense, or concealment that the person is another person;CommentsClose CommentsPermalink
‘(2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; orCommentsClose CommentsPermalink
‘(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to--CommentsClose CommentsPermalink
‘(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; orCommentsClose CommentsPermalink
‘(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;CommentsClose CommentsPermalink
is guilty of sexual assault and shall be punished as a court-martial may direct.’.CommentsClose CommentsPermalink
(4) AGGRAVATED SEXUAL CONTACT- Subsection (e) is redesignated as subsection (c) and is amended--CommentsClose CommentsPermalink
(A) by striking ‘engages in’ and inserting ‘commits’; andCommentsClose CommentsPermalink
(B) by striking ‘with’ and inserting ‘upon’.CommentsClose CommentsPermalink
(5) ABUSIVE SEXUAL CONTACT- Subsection (h) is redesignated as subsection (d) and is amended--CommentsClose CommentsPermalink
(A) by striking ‘engages in’ and inserting ‘commits’;CommentsClose CommentsPermalink
(B) by striking ‘with’ and inserting ‘upon’; andCommentsClose CommentsPermalink
(C) by striking ‘subsection (c) (aggravated sexual assault)’ and inserting ‘subsection (b) (sexual assault)’.CommentsClose CommentsPermalink
(6) REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED BY NEW ARTICLE 120c- Subsections (k), (l), (m), and (n) are repealed.CommentsClose CommentsPermalink
(7) PROOF OF THREAT- Subsection (p) is redesignated as subsection (e) and is amended--CommentsClose CommentsPermalink
(A) by striking ‘the accused made’ and inserting ‘a person made’;CommentsClose CommentsPermalink
(B) by striking ‘the accused actually’ and inserting ‘the person actually’; andCommentsClose CommentsPermalink
(C) by inserting before the period at the end the following: ‘or had the ability to carry out the threat’.CommentsClose CommentsPermalink
(8) DEFENSES- Subsection (q) is redesignated as subsection (f) and is amended to read as follows:CommentsClose CommentsPermalink
‘(f) Defenses- An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.’.CommentsClose CommentsPermalink
(9) PROVISIONS RELATING TO AFFIRMATIVE DEFENSES- Subsections (r) and (s) are repealed.CommentsClose CommentsPermalink
(10) DEFINITIONS- Subsection (t) is redesignated as subsection (g) and is amended--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by inserting ‘or anus or mouth’ after ‘vulva’; andCommentsClose CommentsPermalink
(ii) in subparagraph (B)--CommentsClose CommentsPermalink
(I) by striking ‘genital opening’ and inserting ‘vulva or anus or mouth,’; andCommentsClose CommentsPermalink
(II) by striking ‘a hand or finger’ and inserting ‘any part of the body’;CommentsClose CommentsPermalink
(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) SEXUAL CONTACT- The term ‘sexual contact’ means--CommentsClose CommentsPermalink
‘(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate or degrade any person; orCommentsClose CommentsPermalink
‘(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.CommentsClose CommentsPermalink
Touching may be accomplished by any part of the body.’;CommentsClose CommentsPermalink
(C) by striking paragraph (4) and redesignating paragraph (3) as paragraph (4);CommentsClose CommentsPermalink
(D) by redesignating paragraph (8) as paragraph (3), transferring that paragraph so as to appear after paragraph (2), and amending that paragraph by inserting before the period at the end the following: ‘, including any nonconsensual sexual act or nonconsensual sexual contact’;CommentsClose CommentsPermalink
(E) in paragraph (4), as redesignated by subparagraph (C), by striking the last sentence;CommentsClose CommentsPermalink
(F) by striking paragraphs (5) and (7);CommentsClose CommentsPermalink
(G) by redesignating paragraph (6) as paragraph (7);CommentsClose CommentsPermalink
(H) by inserting after paragraph (4), as redesignated by subparagraph (C), the following new paragraphs (5) and (6):CommentsClose CommentsPermalink
‘(5) FORCE- The term ‘force’ means--CommentsClose CommentsPermalink
‘(A) the use of a weapon;CommentsClose CommentsPermalink
‘(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; orCommentsClose CommentsPermalink
‘(C) inflicting physical harm sufficient to coerce or compel submission by the victim.CommentsClose CommentsPermalink
‘(6) UNLAWFUL FORCE- The term ‘unlawful force’ means an act of force done without legal justification or excuse.’;CommentsClose CommentsPermalink
(I) in paragraph (7), as redesignated by subparagraph (G)--CommentsClose CommentsPermalink
(i) by striking ‘under paragraph (3)’ and all that follows through ‘contact),’; andCommentsClose CommentsPermalink
(ii) by striking ‘death, grievous bodily harm, or kidnapping’ and inserting ‘the wrongful action contemplated by the communication or action.’;CommentsClose CommentsPermalink
(J) by striking paragraphs (9) through (13);CommentsClose CommentsPermalink
(K) by redesignating paragraph (14) as paragraph (8) and in that paragraph--CommentsClose CommentsPermalink
(i) by inserting ‘(A)’ before ‘The term’;CommentsClose CommentsPermalink
(ii) by striking ‘words or overt acts indicating’ and ‘sexual’ in the first sentence;CommentsClose CommentsPermalink
(iii) by striking ‘accused’s’ in the third sentence;CommentsClose CommentsPermalink
(iv) by inserting ‘or social or sexual’ before ‘relationship’ in the fourth sentence;CommentsClose CommentsPermalink
(v) by striking ‘sexual’ before ‘conduct’ in the fourth sentence;CommentsClose CommentsPermalink
(vi) by striking ‘A person cannot consent’ and all that follows through the period; andCommentsClose CommentsPermalink
(vii) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
‘(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).CommentsClose CommentsPermalink
‘(C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.’; andCommentsClose CommentsPermalink
(L) by striking paragraphs (15) and (16).CommentsClose CommentsPermalink
(11) SECTION HEADING- The heading of such section (article) is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 920. Art. 120. Rape and sexual assault generally’.
(b) Rape and Sexual Assault of a Child- Chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after section 920a (article 120a) the following new section:CommentsClose CommentsPermalink
‘Sec. 920b. Art. 120b. Rape and sexual assault of a child
‘(a) Rape of a Child- Any person subject to this chapter who--CommentsClose CommentsPermalink
‘(1) commits a sexual act upon a child who has not attained the age of 12 years; orCommentsClose CommentsPermalink
‘(2) commits a sexual act upon a child who has attained the age of 12 years by--CommentsClose CommentsPermalink
‘(A) using force against any person;CommentsClose CommentsPermalink
‘(B) threatening or placing that child in fear;CommentsClose CommentsPermalink
‘(C) rendering that child unconscious; orCommentsClose CommentsPermalink
‘(D) administering to that child a drug, intoxicant, or other similar substance;CommentsClose CommentsPermalink
is guilty of rape of a child and shall be punished as a court-martial may direct.CommentsClose CommentsPermalink
‘(b) Sexual Assault of a Child- Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.CommentsClose CommentsPermalink
‘(c) Sexual Abuse of a Child- Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.CommentsClose CommentsPermalink
‘(d) Age of Child-CommentsClose CommentsPermalink
‘(1) UNDER 12 YEARS- In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.CommentsClose CommentsPermalink
‘(2) UNDER 16 YEARS- In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.CommentsClose CommentsPermalink
‘(e) Proof of Threat- In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.CommentsClose CommentsPermalink
‘(f) Marriage- In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.CommentsClose CommentsPermalink
‘(g) Consent- Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.CommentsClose CommentsPermalink
‘(h) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) SEXUAL ACT AND SEXUAL CONTACT- The terms ‘sexual act’ and ‘sexual contact’ have the meanings given those terms in section 920(g) of this title (article 120(g)).CommentsClose CommentsPermalink
‘(2) FORCE- The term ‘force’ meansCommentsClose CommentsPermalink
‘(A) the use of a weapon;CommentsClose CommentsPermalink
‘(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; orCommentsClose CommentsPermalink
‘(C) inflicting physical harm.CommentsClose CommentsPermalink
In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.CommentsClose CommentsPermalink
‘(3) THREATENING OR PLACING THAT CHILD IN FEAR- The term ‘threatening or placing that child in fear’ means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.CommentsClose CommentsPermalink
‘(4) CHILD- The term ‘child’ means any person who has not attained the age of 16 years.CommentsClose CommentsPermalink
‘(5) LEWD ACT- The term ‘lewd act’ means--CommentsClose CommentsPermalink
‘(A) any sexual contact with a child;CommentsClose CommentsPermalink
‘(B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate or degrade any person, or to arouse or gratify the sexual desire of any person;CommentsClose CommentsPermalink
‘(C) intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate or degrade any person, or to arouse or gratify the sexual desire of any person; orCommentsClose CommentsPermalink
‘(D) any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.’.CommentsClose CommentsPermalink
(c) Other Sexual Misconduct- Such chapter (the Uniform Code of Military Justice), is further amended by inserting after section 920b (article 120b), as added by subsection (b), the following new section:CommentsClose CommentsPermalink
‘Sec. 920c. Art. 120c. Other sexual misconduct
‘(a) Indecent Viewing, Visual Recording, or Broadcasting- Any person subject to this chapter who, without legal justification or lawful authorization--CommentsClose CommentsPermalink
‘(1) knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;CommentsClose CommentsPermalink
‘(2) knowingly photographs, videotapes, films, or records by any means, the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; orCommentsClose CommentsPermalink
‘(3) knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2);CommentsClose CommentsPermalink
is guilty of an offense under this section and shall be punished as a court-martial may direct.CommentsClose CommentsPermalink
‘(b) Forcible Pandering- Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.CommentsClose CommentsPermalink
‘(c) Indecent Exposure- Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.CommentsClose CommentsPermalink
‘(d) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) ACT OF PROSTITUTION- The term ‘act of prostitution’ means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person.CommentsClose CommentsPermalink
‘(2) PRIVATE AREA- The term ‘private area’ means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.CommentsClose CommentsPermalink
‘(3) REASONABLE EXPECTATION OF PRIVACY- The term ‘under circumstances in which that other person has a reasonable expectation of privacy’ means--CommentsClose CommentsPermalink
‘(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; orCommentsClose CommentsPermalink
‘(B) circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.CommentsClose CommentsPermalink
‘(4) BROADCAST- The term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons.CommentsClose CommentsPermalink
‘(5) DISTRIBUTE- The term ‘distribute’ means delivering to the actual or constructive possession of another, including transmission by electronic means.CommentsClose CommentsPermalink
‘(6) INDECENT MANNER- The term ‘indecent manner’ means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.’.CommentsClose CommentsPermalink
(d) Repeal of Sodomy Article- Section 925 of such title (article 125 of the Uniform Code of Military Justice) is repealed.CommentsClose CommentsPermalink
(e) Conforming Amendments- Chapter 47 of such title (the Uniform Code of Military Justice) is further amended as follows:CommentsClose CommentsPermalink
(1) STATUTE OF LIMITATIONS- Subparagraph (B) of section 843(b)(2) (article 43(b)(2)) is amended--CommentsClose CommentsPermalink
(A) in clause (i), by striking ‘section 920 of this title (article 120)’ and inserting ‘section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c)’;CommentsClose CommentsPermalink
(B) by striking clause (iii); andCommentsClose CommentsPermalink
(C) in clause (v)--CommentsClose CommentsPermalink
(i) by striking ‘indecent assault’;CommentsClose CommentsPermalink
(ii) by striking ‘rape, or sodomy,’ and inserting ‘or rape,’; andCommentsClose CommentsPermalink
(iii) by striking ‘or liberties with a child’.CommentsClose CommentsPermalink
(2) MURDER- Paragraph (4) of section 918 (article 118) is amended--CommentsClose CommentsPermalink
(A) by striking ‘sodomy,’; andCommentsClose CommentsPermalink
(B) by striking ‘aggravated sexual assault,’ and all that follows through ‘with a child,’ and inserting ‘sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,’.CommentsClose CommentsPermalink
(f) Clerical Amendments- The table of sections at the beginning of subchapter X of such chapter (the Uniform Code of Military Justice) is amended--CommentsClose CommentsPermalink
(1) by striking the items relating to sections 920 and 920a (articles 120 and 120a) and inserting the following:CommentsClose CommentsPermalink
‘920. 120. Rape and sexual assault generally.CommentsClose CommentsPermalink
‘920a. 120a. Stalking.CommentsClose CommentsPermalink
‘920b. 120b. Rape and sexual assault of a child.CommentsClose CommentsPermalink
‘920c. 120c. Other sexual misconduct.’;CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(2) by striking the item relating to section 925 (article 125).CommentsClose CommentsPermalink
(g) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to offenses committed on or after such date.CommentsClose CommentsPermalink
Subtitle E--Other MattersCommentsClose CommentsPermalink
Subtitle E--Other MattersCommentsClose CommentsPermalink
SEC. 541. REVISION TO MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.
‘(b) Members- (1) The Council shall consist of 17 members, as follows:CommentsClose CommentsPermalink
‘(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary’s absence.CommentsClose CommentsPermalink
‘(B) The following, who shall be appointed or designated by the Secretary of Defense:CommentsClose CommentsPermalink
‘(i) One representative of each of the Army, Navy, Marine Corps, and Air Force, each of whom may be a member of the armed force to be represented, the spouse of such a member, or the parent of such a member, and may represent either the active component or a reserve component of that armed force.CommentsClose CommentsPermalink
‘(ii) One representative of the Army National Guard or the Air National Guard, who may be a member of the National Guard, the spouse of such a member, or the parent of such a member.CommentsClose CommentsPermalink
‘(iii) One spouse of a member of each of the Army, Navy, Marine Corps, and Air Force, two of whom shall be the spouse of an active component member and two of whom shall be the spouse of a reserve component member.CommentsClose CommentsPermalink
‘(C) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.CommentsClose CommentsPermalink
‘(D) The senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.CommentsClose CommentsPermalink
‘(2)(A) The term on the Council of the members appointed or designated under clauses (i) and (iii) of subparagraph (B) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. Representation on the Council under clause (ii) of that subparagraph shall rotate between the Army National Guard and Air National Guard every two years on a calendar year basis.CommentsClose CommentsPermalink
‘(B) The term on the Council of the members appointed under subparagraph (C) of paragraph (1) shall be three years.’.CommentsClose CommentsPermalink
SEC. 542. INCLUSION OF NORTHERN MARIANA ISLANDS AS A ‘STATE’ FOR PURPOSES OF THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (
SEC. 543. SPECIFICATION OF THE PERIOD FOR WHICH A REQUEST FOR AN ABSENTEE BALLOT FROM AN OVERSEAS VOTER IS VALID.
Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (
SEC. 544. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF EDUCATION TO DEPARTMENT OF DEFENSE AND ENHANCEMENTS TO THE PROGRAM.
(a) Transfer of Functions-CommentsClose CommentsPermalink
(1) TRANSFER- The responsibility and authority for operation and administration of the Troops-to-Teachers Program in chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (
(2) EFFECTIVE DATE- The transfer under paragraph (1) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act, or on such earlier date as the Secretary of Education and the Secretary of Defense may jointly provide.CommentsClose CommentsPermalink
(b) Enactment of Program Authority in Title 10, United States Code-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 1154. ASSISTANCE TO ELIGIBLE MEMBERS AND FORMER MEMBERS TO OBTAIN EMPLOYMENT AS TEACHERS: TROOPS-TO-TEACHERS PROGRAM.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) PROGRAM- The term ‘Program’ means the Troops-to-Teachers Program authorized by this section.CommentsClose CommentsPermalink
‘(2) MEMBER OF THE ARMED FORCES- The term ‘member of the armed forces’ includes a former member of the armed forces.CommentsClose CommentsPermalink
‘(3) CHARTER SCHOOL- The term ‘charter school’ has the meaning given that term in section 5210(1) of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7221i(1) ).CommentsClose CommentsPermalink‘(4) ELIGIBLE SCHOOL- The term ‘eligible school’ means--CommentsClose CommentsPermalink
‘(A) a public school, including a charter school, at which--CommentsClose CommentsPermalink
‘(i) at least 30 percent of the students enrolled in the school are from families with incomes below 185 percent of poverty level (as defined by the Office of Management and Budget and revised at least annually in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act) applicable to a family of the size involved; orCommentsClose CommentsPermalink
‘(ii) at least 13 percent of the students enrolled in the school qualify for assistance under part B of the Individuals with Disabilities Education Act; orCommentsClose CommentsPermalink
‘(B) a Bureau-funded school as defined in section 1141(3) of the Education Amendments of 1978 (
25 U.S.C. 2021(3) ).CommentsClose CommentsPermalink‘(5) HIGH-NEED SCHOOL- The term ‘high-need school’ means--CommentsClose CommentsPermalink
‘(A) an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible to for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, the number of children eligible to receive medical assistance under the Medicaid program, or a composite of these indicators;CommentsClose CommentsPermalink
‘(B) a high school in which at least 40 percent of enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools; orCommentsClose CommentsPermalink
‘(C) a school that is in a local educational agency that is eligible under section 6211(b) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
‘(6) ADDITIONAL TERMS- (A) The terms ‘elementary school’, ‘highly qualified teacher’, ‘local educational agency’, ‘secondary school’, and ‘State’ have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7801 ).CommentsClose CommentsPermalink‘(b) Program Authorization- The Secretary of Defense (hereinafter in this section referred to as the ‘Secretary’) may carry out a program (to be known as the ‘Troops-to-Teachers Program’)--CommentsClose CommentsPermalink
‘(1) to assist eligible members of the armed forces described in subsection (d) to obtain certification or licensing as elementary school teachers, secondary school teachers, or career or technical teachers, and to become highly qualified teachers; andCommentsClose CommentsPermalink
‘(2) to facilitate the employment of such members--CommentsClose CommentsPermalink
‘(A) by local educational agencies or charter schools that the Secretary of Education identifies as--CommentsClose CommentsPermalink
‘(i) receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; orCommentsClose CommentsPermalink‘(ii) experiencing a shortage of highly qualified teachers, in particular a shortage of highly qualified science, mathematics, special education, foreign language, or career or technical teachers; andCommentsClose CommentsPermalink
‘(B) in elementary schools or secondary schools, or as career or technical teachers.CommentsClose CommentsPermalink
‘(c) Counseling and Referral Services- The Secretary may provide counseling and referral services to members of the armed forces who do not meet the criteria described in subsection (d), including meeting the education qualification requirements under subsection (d)(3)(B).CommentsClose CommentsPermalink
‘(d) Eligibility and Application Process-CommentsClose CommentsPermalink
‘(1) ELIGIBLE MEMBERS- The following members of the armed forces are eligible for selection to participate in the Program:CommentsClose CommentsPermalink
‘(A) Any member who--CommentsClose CommentsPermalink
‘(i) on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;CommentsClose CommentsPermalink
‘(ii) has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; orCommentsClose CommentsPermalink
‘(iii) has been transferred to the Retired Reserve.CommentsClose CommentsPermalink
‘(B) Any member who, on or after January 8, 2002--CommentsClose CommentsPermalink
‘(i)(I) is separated or released from active duty after four or more years of continuous active duty immediately before the separation or release; orCommentsClose CommentsPermalink
‘(II) has completed a total of at least six years of active duty service, six years of service computed under section 12732 of this title, or six years of any combination of such service; andCommentsClose CommentsPermalink
‘(ii) executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).CommentsClose CommentsPermalink
‘(C) Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.CommentsClose CommentsPermalink
‘(2) SUBMISSION OF APPLICATIONS- (A) Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.CommentsClose CommentsPermalink
‘(B) An application shall be considered to be submitted on a timely basis under subparagraph (A)(i), (B), or (C) of paragraph (1) if the application is submitted not later than three years after the date on which the member is retired, separated, or released from active duty, whichever applies to the member.CommentsClose CommentsPermalink
‘(3) SELECTION CRITERIA; EDUCATIONAL BACKGROUND REQUIREMENTS AND HONORABLE SERVICE REQUIREMENT- (A) Subject to subparagraphs (B) and (C), the Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.CommentsClose CommentsPermalink
‘(B)(i) If a member of the armed forces is applying for assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.CommentsClose CommentsPermalink
‘(ii) If a member of the armed forces is applying for assistance for placement as a career or technical teacher, the Secretary shall require the member--CommentsClose CommentsPermalink
‘(I) to have received the equivalent of one year of college from an accredited institution of higher education or the equivalent in military education and training as certified by the Department of Defense; orCommentsClose CommentsPermalink
‘(II) to otherwise meet the certification or licensing requirements for a career or technical teacher in the State in which the member seeks assistance for placement under the Program.CommentsClose CommentsPermalink
‘(C) A member of the armed forces is eligible to participate in the Program only if the member’s last period of service in the armed forces was honorable, as characterized by the Secretary concerned. A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member’s last period of service is characterized as honorable by the Secretary concerned.CommentsClose CommentsPermalink
‘(4) SELECTION PRIORITIES- In selecting eligible members of the armed forces to receive assistance under the Program, the Secretary--CommentsClose CommentsPermalink
‘(A) shall give priority to members who--CommentsClose CommentsPermalink
‘(i) have educational or military experience in science, mathematics, special education, foreign language, or career or technical subjects; andCommentsClose CommentsPermalink
‘(ii) agree to seek employment as science, mathematics, foreign language, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency; andCommentsClose CommentsPermalink
‘(B) may give priority to members who agree to seek employment in a high-need school.CommentsClose CommentsPermalink
‘(5) OTHER CONDITIONS ON SELECTION-CommentsClose CommentsPermalink
‘(A) The Secretary may not select an eligible member of the armed forces to participate in the Program and receive financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (e) with respect to the member.CommentsClose CommentsPermalink
‘(B) The Secretary may not select an eligible member of the armed forces described in paragraph (1)(B)(i) to participate in the Program under this section and receive financial assistance under subsection (e) unless the member executes a written agreement to serve as a member of the Selected Reserve of a reserve component of the armed forces for a period of not less than three years.CommentsClose CommentsPermalink
‘(e) Participation Agreement and Financial Assistance-CommentsClose CommentsPermalink
‘(1) PARTICIPATION AGREEMENT- (A) An eligible member of the armed forces selected to participate in the Program under subsection (b) and receive financial assistance under this subsection shall be required to enter into an agreement with the Secretary in which the member agrees--CommentsClose CommentsPermalink
‘(i) within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or career or technical teacher, and to become a highly qualified teacher; andCommentsClose CommentsPermalink
‘(ii) to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school to begin the school year after obtaining that certification or licensing.CommentsClose CommentsPermalink
‘(B) The Secretary may waive the three-year commitment described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the three-year commitment.CommentsClose CommentsPermalink
‘(2) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS- A participant in the Program shall not be considered to be in violation of the participation agreement entered into under paragraph (1) during any period in which the participant--CommentsClose CommentsPermalink
‘(A) is pursuing a full-time course of study related to the field of teaching at an institution of higher education;CommentsClose CommentsPermalink
‘(B) is serving on active duty as a member of the armed forces;CommentsClose CommentsPermalink
‘(C) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;CommentsClose CommentsPermalink
‘(D) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;CommentsClose CommentsPermalink
‘(E) is a highly qualified teacher who is seeking and unable to find full-time employment as a teacher in an elementary school or secondary school or as a career or technical teacher for a single period not to exceed 27 months; orCommentsClose CommentsPermalink
‘(F) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.CommentsClose CommentsPermalink
‘(3) STIPEND AND BONUS FOR PARTICIPANTS- (A) Subject to subparagraph (C), the Secretary may pay to a participant in the Program selected under this section a stipend to cover expenses incurred by the participant to obtain the required educational level, certification or licensing. Such stipend may not exceed $5,000 and may vary by participant.CommentsClose CommentsPermalink
‘(B) Subject to subparagraph (C), the Secretary may pay a bonus of up to $10,000 to a participant in the Program selected under this section who agrees in the participation agreement under paragraph (1) to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in a high-need school. Such bonus may vary by participant and may take into account the priority placements as determined by the Secretary.CommentsClose CommentsPermalink
‘(C)(i) The total number of stipends that may be paid under subparagraph (A) in any fiscal year may not exceed 5,000.CommentsClose CommentsPermalink
‘(ii) The total number of bonuses that may be paid under subparagraph (B) in any fiscal year may not exceed 3,000.CommentsClose CommentsPermalink
‘(iii) The combination of stipend and bonus for any one participant may not exceed $10,000.CommentsClose CommentsPermalink
‘(4) TREATMENT OF STIPEND AND BONUS- A stipend or bonus paid under this subsection to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (
20 U.S.C. 1070 et seq.).CommentsClose CommentsPermalink‘(f) Reimbursement Under Certain Circumstances-CommentsClose CommentsPermalink
‘(1) REIMBURSEMENT REQUIRED- A participant in the Program who is paid a stipend or bonus under this subsection shall be required to repay the stipend or bonus under the following circumstances:CommentsClose CommentsPermalink
‘(A) The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or career or technical teacher as required by the participation agreement under subsection (e)(1).CommentsClose CommentsPermalink
‘(B) The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or career or technical teacher during the three years of required service in violation of the participation agreement.CommentsClose CommentsPermalink
‘(C) The participant executed a written agreement with the Secretary concerned under subsection (d)(5)(B) to serve as a member of a reserve component of the armed forces for a period of three years and fails to complete the required term of service.CommentsClose CommentsPermalink
‘(2) AMOUNT OF REIMBURSEMENT- A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under subsection (e) shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the three years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.CommentsClose CommentsPermalink
‘(3) TREATMENT OF OBLIGATION- The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary under this subsection.CommentsClose CommentsPermalink
‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT- A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.CommentsClose CommentsPermalink
‘(g) Relationship to Educational Assistance Under Montgomery GI Bill- The receipt by a participant in the Program of a stipend or bonus under this subsection (e) shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 or 33 of title 38 or chapter 1606 of this title.CommentsClose CommentsPermalink
‘(h) Participation by States-CommentsClose CommentsPermalink
‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF STATES- The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.CommentsClose CommentsPermalink
‘(2) ASSISTANCE TO STATES- (A) Subject to subparagraph (B), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the armed forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and career or technical teachers.CommentsClose CommentsPermalink
‘(B) The total amount of grants made under subparagraph (A) in any fiscal year may not exceed $5,000,000.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘1154. Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program.’.CommentsClose CommentsPermalink
(c) Conforming Amendment- Section 1142(b) (4)(C) of such title is amended by striking ‘under sections 1152 and 1153 of this title and the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 6672 )’ and inserting ‘under sections 1152, 1153, and 1154 of this title’.CommentsClose CommentsPermalink(d) Termination of Original Program-CommentsClose CommentsPermalink
(1) TERMINATION-CommentsClose CommentsPermalink
(A) Chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 6671 et seq.) is repealed.CommentsClose CommentsPermalink(B) The table of contents in section 2 of part I of the Elementary and Secondary Education Act 1965 is amended by striking the items relating to such chapter.CommentsClose CommentsPermalink
(2) EXISTING AGREEMENTS- The repeal of chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 6671 et seq.) by paragraph (1)(A) shall not affect the validity or terms of any agreement entered into before the date of the enactment of this Act under such chapter, or to pay assistance, make grants, or obtain reimbursement in connection with such an agreement as in effect before such repeal.CommentsClose CommentsPermalink(e) Effective Date- The amendments made by this section shall take effect on the effective date of the transfer under subsection (a).CommentsClose CommentsPermalink
SEC. 545. MILITARY GROOMING AND APPEARANCE STANDARDS.
(a) Military Grooming and Appearance Standards-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘Sec. 778. Grooming and appearance standards
‘Grooming and appearance standards prescribed by the Secretary of a military department for members of the armed forces are not subject to the Religious Freedom Restoration Act of 1993 (
42 U.S.C. 2000bb et seq.).’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘778. Grooming and appearance standards.’.CommentsClose CommentsPermalink
(b) Wearing of Items of Religious Apparel With the Uniform- Section 774(c) of such title is amended by adding at the end the following new sentence: ‘Such regulations are not subject to the Religious Freedom Restoration Act of 1993 (
42 U.S.C. 2000bb et seq.).’.CommentsClose CommentsPermalink
SEC. 546. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.
(a) Repeal of Authority for Payment of High-Deployment Allowance-CommentsClose CommentsPermalink
(1) IN GENERAL-
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.CommentsClose CommentsPermalink
(b) Repeal of Requirements Relating to Management of Deployment of Members-CommentsClose CommentsPermalink
(1) IN GENERAL-
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 50 of such title is amended by striking the item relating to section 991.CommentsClose CommentsPermalink
SEC. 547. THREE-YEAR EXTENSION AND REVISION OF AUTHORITIES RELATING TO TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES.
(a) Additional Program Authorities- Paragraph (2)(B) of section 574(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) by inserting ‘grant assistance’ after ‘To provide’; andCommentsClose CommentsPermalink
(2) by striking ‘including--’ and all that follows and inserting ‘including the following:CommentsClose CommentsPermalink
‘(i) Access to virtual and distance learning capabilities and related applications.CommentsClose CommentsPermalink
‘(ii) Training programs for teachers.CommentsClose CommentsPermalink
‘(iii) Academic strategies to increase academic achievement.CommentsClose CommentsPermalink
‘(iv) Curriculum development.CommentsClose CommentsPermalink
‘(v) Support for practices that minimize the impact of transition and deployment.CommentsClose CommentsPermalink
‘(vi) Other appropriate services to improve the academic achievement of students.’.CommentsClose CommentsPermalink
(b) Extension of Expiration- Paragraph (3) of such section is amended by striking ‘September 30, 2013’ and inserting ‘September 30, 2016’.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITSCommentsClose CommentsPermalink
Subtitle A--General MattersCommentsClose CommentsPermalink
Subtitle A--General MattersCommentsClose CommentsPermalink
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2012’:CommentsClose CommentsPermalink
(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.CommentsClose CommentsPermalink
(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.CommentsClose CommentsPermalink
(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.CommentsClose CommentsPermalink
(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.CommentsClose CommentsPermalink
(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink
(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink
(7) Section 408a(e), relating to a travel and transportation allowance for inactive-duty training outside of normal commuting distance.CommentsClose CommentsPermalink
(8) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink
(b) Title 10 Authorities Relating to Health Care Professionals- The following sections of title 10, United States Code, are amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2012’:CommentsClose CommentsPermalink
(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.CommentsClose CommentsPermalink
(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.CommentsClose CommentsPermalink
(c) Title 37 Authorities Relating to Health Care Professionals- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2012’:CommentsClose CommentsPermalink
(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.CommentsClose CommentsPermalink
(2) Section 302d(a)(1), relating to accession bonus for registered nurses.CommentsClose CommentsPermalink
(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.CommentsClose CommentsPermalink
(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.CommentsClose CommentsPermalink
(5) Section 302h(a)(1), relating to accession bonus for dental officers.CommentsClose CommentsPermalink
(6) Section 302j(a), relating to accession bonus for pharmacy officers.CommentsClose CommentsPermalink
(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.CommentsClose CommentsPermalink
(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.CommentsClose CommentsPermalink
(9) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions.CommentsClose CommentsPermalink
(d) Authorities Relating to Nuclear Officers- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2012’:CommentsClose CommentsPermalink
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.CommentsClose CommentsPermalink
(2) Section 312b(c), relating to nuclear career accession bonus.CommentsClose CommentsPermalink
(3) Section 312c(d), relating to nuclear career annual incentive bonus.CommentsClose CommentsPermalink