Summary
National Defense Authorization Act for Fiscal Year 2012 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Prohibits the Secretary of the Army from procuring more than 100 Stryker combat vehicles. Allows such Secretary to waive such limitation after a specified certification to the congressional defense and appropriations committees, including that there are validated Army needs requiring the waiver.
(Sec. 112) Directs the Secretary of the Army, upon determining to retire a C-23 aircraft for which there has been no agreed-upon transfer, to first offer it to the chief executive officer of the state in which the aircraft is based. Requires the state to assume all costs of the aircraft following its transfer.
Directs the Secretary of the Air Force to study, and report to the defense and appropriations committees on, the number of fixed- and rotary-wing aircraft required to support Air Force missions at low, medium, moderate, high, and very-high levels of operational risk. Requires the Comptroller General (CG) to conduct a sufficiency review of such study, and report review results to such committees. (Sec. 113) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for UH-60M/HH-60M and MH-60R/S helicopters. Subtitle C: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters.
(Sec. 122) Directs the Secretary of Defense (Secretary), in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that a separate, dedicated procurement line item is designated for each surface warfare, mine countermeasures, and anti-submarine warfare littoral combat ship (LCS) module.
(Sec. 123) Requires the Secretary of the Navy to: (1) conduct a life-cycle cost-benefit analysis comparing alternative maintenance and sustainability plans for the LCS program, and (2) report analysis results to the defense and appropriations committees.
(Sec. 124) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to allow the Secretary of the Navy to fund construction of the Ford-class aircraft carriers designated CVN-79 and CVN-80 over a five-year period.
Subtitle D: Air Force Programs - (Sec. 131) Directs the Secretary of the Air Force, as of October 1, 2011, to maintain a total inventory of strategic airlift aircraft of not less than 301.
(Sec. 132) Prohibits this Act's funds from being obligated or expended to retire any B-1 bomber aircraft before the date on which the Secretary of the Air Force submits to the defense and appropriations committee a plan for retiring such aircraft. Authorizes such Secretary, after such date, to retire more than six of such aircraft through FY2016.
(Sec. 133) Prohibits the Secretary of the Air Force from taking any action to prevent maintaining the U-2 aircraft fleet in its current configuration and capability beyond FY2016 until: (1) the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense, appropriations, and intelligence committees that the operating and sustainment costs for the Global Hawk unmanned aerial vehicle are less than comparable costs for the U-2 on a flight-hour basis; and (2) the Chairman of the Joint Requirements Oversight Council (JROC) certifies to such committees that the capability to be fielded before or at the same time of U-2 aircraft retirement would result in equal or greater capability available to the commanders of the combatant commands.
(Sec. 134) Authorizes the use of specified FY2011 B-2 bomber aircraft funds for: (1) research, development, test, and evaluation on a conventional mixed load capability for such aircraft, and (2) supporting alternative options for the extremely high frequency terminal Increment 1 program of record. Directs the Secretary of the Air Force to submit to the defense and appropriations committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 and other aircraft.
(Sec. 136) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Allows such Secretary to use incremental funding for up to six fiscal years in connection with the procurement. Makes such procurement subject to the availability of appropriations. Prohibits the total procurement amount, after certain exclusions, from exceeding $3.1 billion. Allows such Secretary to adjust such limitation by specified amounts, including increases or decreases after FY2011 attributable to inflation or to compliance with changes in federal, state, and local laws. Requires such Secretary to notify the defense and appropriations committees of any such adjustment. Allows such Secretary to use funds currently available for high frequency satellite space vehicle number 5 for the procurement of parts and the replacement of parts for space vehicle number 6. Requires such Secretary to report to such committees on the fixed-price contract. Expresses the sense of Congress that such Secretary should not enter into such a contract until determining that it will save the Air Force at least 20% over procuring two satellites separately.
Subtitle E: Joint and Multiservice Matters - (Sec. 141) Limits the FY2012 obligation of funds for the joint tactical radio system to 70% until the Secretary of the Army makes a specified certification to the defense and appropriations committees relating to its acquisition strategy. Makes such limitation inapplicable to the low-rate initial production of certain programs under such system.
(Sec. 142) Limits the FY2012 obligation of funds for the procurement of fixed-wing, non-standard aviation aircraft in support of the aviation foreign internal defense program to 50% until the Commander of the U.S. Special Operations Command reports to the defense and appropriations committees on such program.
(Sec. 143) Directs the Secretary, in entering into a contract for the sixth and all subsequent low-rate initial production contract lots for the F-35 Lightning II Joint Strike Fighter aircraft, to ensure that the contract: (1) is a fixed-price contract, and (2) requires the contractor to assume full responsibility for contract costs above the target cost.
(Sec. 144) Prohibits the Commander of the U.S. Special Operations Command from making any milestone B acquisition decisions with respect to certain elements of the undersea mobility acquisition program until 30 days after the Under Secretary: (1) conducts an assessment and determination of whether to treat the element as a major defense acquisition program, and (2) reports assessment and determination results to the defense and appropriations committees.
(Sec. 145) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to include in quarterly reports on the use of combat mission requirement funds a table setting forth the requirements approved during the fiscal year in which the report is submitted and the two preceding fiscal years, as well as a statement of any unspent funds for such period.
(Sec. 146) Directs the Air Force Audit Agency to submit to the defense and appropriations committees the results of a financial audit of funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System aircraft re-engining program.
(Sec. 147) Authorizes the Secretary to transfer to the United Kingdom an F-35 Lightning II aircraft in the carrier variant configuration in exchange for such an aircraft in the short take-off and vertical landing configuration. Provides: (1) funding for the aircraft to be exchanged by the United States, and (2) exchange implementation through a memorandum of understanding.
(Sec. 148) Requires the Secretary to report to the defense and appropriations committees on the development of the short take-off, vertical landing variant of the Joint Strike Fighter.
(Sec. 149) Requires the Under Secretary, at the same time as submission of the FY2013 budget, to report to the defense committees on DOD plans to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 within the Joint Strike Fighter aircraft program.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Limits the FY2012 obligation of funds for the ground combat vehicle program to 80% until the Secretary of the Army submits to the defense and appropriations committees an updated analysis of alternatives to such vehicle, and related information.
(Sec. 212) Prohibits the individual carbine program from receiving Milestone C approval until the Secretary of the Army submits to the defense and appropriations committees a business case assessment of such program. Authorizes the Secretary of Defense to waive such prohibition in the national security interest.
(Sec. 213) Limits to 75% the availability of funds earmarked for the Navy's future unmanned carrier-based strike system until 60 days after: (1) the JROC Chairman makes certain system certifications to the defense and appropriations committees; (2) the Assistant Secretary of the Navy for Research, Development, and Acquisition reports to such committees on the system's threshold, performance parameters, and requirements; and (3) the Under Secretary makes certain certifications to such committees on system alternatives and acquisition strategy. Requires the CG to brief such committees on such acquisition strategy.
(Sec. 214) Prohibits the FY2012 obligation or expenditure of funds for specified Navy amphibious vehicles until the Secretary of the Navy certifies the requirements of such vehicles based on the needs of the combatant commanders. Prohibits Milestone B approval for the Marine personnel carrier until 30 days after the receipt of such certification. Directs such Secretary to conduct an analysis of alternatives to such vehicle, and to submit to the defense and appropriations committees a habitability assessment with respect to time spent in such vehicles.
(Sec. 215) Prohibits the obligation of more than 80% of the research and development funds for the F-35 Lightning II aircraft program until the Secretary certifies to the defense and appropriations committees that the acquisition strategy for such aircraft includes a plan for achieving competition throughout operation and sustainment.
(Sec. 216) Prohibits the obligation or expenditure of more than 40% of the funds earmarked for Increment 2 of the B-2 bomber aircraft extremely high frequency satellite communications program until 15 days after the Secretary of the Air Force submits to the defense and appropriations committees a program certification and a plan setting forth the projected cost and schedule for certain RDT&E under the program.
(Sec. 217) Expresses the sense of Congress that: (1) improvements to the U.S. space situational awareness and space command and control capabilities are necessary; and (2) the traditional defense acquisition process is not optimal for developing the architecture and environment planned for the Joint Space Operations Center management system. Prohibits the use of FY2012 funds for release one of such system until the Secretary of the Air Force and the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) jointly submit to the defense and appropriations committees the acquisition strategy for such system.
(Sec. 218) Limits the FY2012 obligation of funds for the wireless innovation fund within the Defense Advanced Research Projects Agency (DARPA) to 10% until the Under Secretary reports to the defense and appropriations committees on how such funds will be managed and executed.
(Sec. 219) Prohibits the Secretary from delegating to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of certain DOD research and educational programs and activities that is currently carried out by the Assistant Secretary of Defense for Research and Engineering.
(Sec. 220) Directs the Secretary to designate the development and procurement of the main propulsion turbomachinery of the next-generation long-range strike bomber aircraft as a major subprogram of such aircraft's major defense acquisition program. Requires the Secretary of the Air Force to develop an acquisition strategy for such subprogram.
(Sec. 221) Directs the Secretary to designate the electromagnetic aircraft launch development and procurement program as a major subprogram of the CVN-78 Ford-class aircraft carrier major defense acquisition program. Allows the Secretary to cease such designation upon the program's successful completion of operational testing.
(Sec. 222) Authorizes the Secretary of the Army to conduct a program for flight research and demonstration of advanced rotorcraft technology. Outlines program elements, goals, and objectives. Requires such Secretary, in awarding a contract under such program, to use full and open competitive procedures.
(Sec. 223) Directs the Secretary to: (1) develop a plan for the disposition of property that was acquired under the F136 propulsion system development contract, and (2) report to the defense and appropriations committees on such plan. Prohibits the use of any FY2012 RDT&E funds for the F-35 Lightning II aircraft program until 30 days after the receipt of such report.
Subtitle C: Missile Defense Programs - (Sec. 231) Requires the Director of the Missile Defense Agency (MDA) to: (1) establish and maintain an acquisition baseline for each program element of the ballistic missile defense (BMD) system, as well as each designated major subprogram of such elements; and (2) establish such baselines before the element or subprogram enters engineering and manufacturing development, and production and deployment. Prohibits (with exceptions) the Director from adjusting or revising an established baseline. Outlines baseline elements required for such elements or subprograms, and requires the Director to report annually to the defense and appropriations committees on the baselines.
(Sec. 232) Directs the CG, at the end of each of FY2012-FY2015, to review required annual DOD reports on acquisition baselines and variances of missile defense acquisition programs and assess the extent to which the MDA has achieved its acquisition goals and objectives, and report assessment results to the defense and appropriations committees.
(Sec. 233) Directs the Secretary to report to the defense and appropriations committees on results of the missile defense hedging strategy review for protection of the U.S. homeland.
(Sec. 234) Expresses the sense of Congress that: (1) it is essential for the Ground-based Midcourse Defense (GBMD) element of the BMD System to achieve appropriate levels of reliability, availability, sustainability, and operational performance for continued protection of the U.S. homeland; (2) the MDA should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the GBMD system, design a correction of the problem, and verify that such correction is effective and will allow the GBMD to reach the capabilities described above; (3) after the MDA has verified the problem correction, it should assess the need for any additional ground-based interceptors and any additional steps needed for the GBMD testing and sustainment program; and (4) DOD should plan for and budget sufficient future funds for the GBMD to ensure the ability to complete and verify an effective correction of the problem. Requires two annual reports from the Secretary to the defense and appropriations committees on DOD plans to correct the problem, and progress toward achievement of such plan.
(Sec. 235) Prohibits the obligation of more than 25% of the funds earmarked for the medium extended air defense (MEAD) system program until the Secretary submits to the defense and appropriations committees a plan for the use of such funds to either restructure or terminate the program. Directs the Secretary to submit to such committees a detailed description of efforts made with Germany and Italy to agree on ways to minimize each nation's costs in implementing a restructured program or of unilateral or multilateral program contract termination.
(Sec. 236) Expresses the sense of Congress on the importance of: (1) improving the integration of BMD training across and between combatant commands and military departments, (2) identifying and addressing training gaps in integrating missile defense training, and (3) identifying the capabilities and funding needed to integrate such training across and between such commands and departments.
Subtitle D: Reports - (Sec. 241) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend through 2016 requirements for a biennial roadmap and annual review and certification of funding for the development of hypersonics.
(Sec. 242) Directs the Secretary of the Navy and the Commander of the U.S. Strategic Command to jointly report to the defense and appropriations committees on options to replace the Ohio-class ballistic submarine program.
(Sec. 243) Directs the Secretary of the Navy to report to the defense and appropriations committees on the development, future deployment, and operational challenges of the Navy's electromagnetic rail gun system. Requires the Chief of Naval Research to provide an interim update briefing to such committees.
(Sec. 244) Directs the CG, until March 2017, to: (1) conduct an annual review of the KC-46A aircraft acquisition program, and (2) report each review's results to the defense and appropriations committees.
(Sec. 245) Requires the: (1) Secretary to select an entity outside DOD to conduct an independent review and assessment of DOD's cryptographic modernization program, and (2) entity chosen to report review results to the Secretary and the defense and appropriations committees.
(Sec. 246) Directs the Secretary to report to the defense and appropriations committees describing the contract award process for each RDT&E contract awarded using other than competitive procedures.
Subtitle E: Other Matters - (Sec. 251) Repeals, as of October 1, 2013, the Technology Transition Initiative (the rapid transition of new technologies from DOD science and technology programs into DOD acquisition programs for the production of such technologies).
(Sec. 252) Amends the Skelton Act to require the contractor to bear at least 50% of the cost of activities for enhancing or enabling the exportability of certain designated defense systems.
(Sec. 253) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend through FY2016 the authority for funding for defense laboratories for research and development (R&D) of technologies for military missions.
(Sec. 254) Prohibits, if the total amount authorized for the National Defense Education Program for FY2012 is less than the amount requested by the President in the FY2012 budget, the Secretary from deriving the difference from the K-12 component of such Program.
(Sec. 255) Authorizes the Secretary of the Army to acquire real property and associated interests in the vicinity of Hanover, New Hampshire, as needed for research and engineering laboratory facilities. Prohibits such Secretary from paying more than fair market value for such property and interests.
(Sec. 256) Expresses the sense of Congress that: (1) active matrix organic light emitting diode (OLED) technology displays have the potential to reduce the size, weight, and energy consumption of both mounted and dismounted military systems; (2) the United States has a limited OLED manufacturing industry; and (3) the Secretary should use existing programs to support the reduction of costs and risks related to OLED manufacturing technologies.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Directs the Chairman of the Joint Chiefs of Staff (JCS) to designate a senior official to be responsible for operational energy plans for the JCS and the Joint Staff. Extends from 10 to 30 days after each year's DOD budget is submitted to Congress the deadline for a report from the Secretary to Congress on proposed budgets that the Assistant Secretary of Defense for Operational Energy Plans and Programs has not certified.
(Sec. 312) Amends the Sikes Act (DOD land resources management) to: (1) define "state" for purposes of such Act; (2) include state-owned National Guard installations under such Act's coverage; and (3) provide for the funding of integrated natural resources management plans, including plans for state-owned National Guard installations. Amends various section headings under such Act to accommodate changes made under this section.
(Sec. 313) Amends the Act to Prevent Pollution from Ships to provide an exclusion from such Act's ship pollutant discharge requirements for military ships that have unique military design, construction, manning, or operation requirements and cannot comply with such requirements because it is not technologically feasible or would impair the operations or operational capability of the ship. Provides updated pollution discharge requirements for military vessels at sea.
(Sec. 314) Modifies responsibilities of the Assistant Secretary of Defense for Operational Energy, Plans, and Programs to include the development and oversight of alternative fuels activities and the streamlining of alternative fuel investments. Requires information on such activities to be included in a currently-required annual DOD energy management report.
(Sec. 315) Requires the DOD energy performance master plan to specifically address the application of energy-efficient or energy reduction technologies and processes in logistics support contracts for contingency operations. Requires the annual DOD energy management report to include progress in the implementation of such technologies and processes.
(Sec. 316) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to require the Secretary, within 180 days after waste is disposed of in open-air burn pits during contingency operations, to submit to the defense committees a health assessment report on each pit where at least 100 personnel have been employed for at least 90 consecutive days.
(Sec. 317) Directs the Secretary to report annually to Congress on defense environmental programs.
(Sec. 318) Authorizes the Secretary of the Navy to transfer specified funds to the Environmental Protection Agency (EPA) as payment in connection with a remedial investigation/feasibility study for the Jackson Park Housing Complex, Washington.
(Sec. 319) Prohibits funds from being used for deciding or adjudicating any claim regarding water contamination at Camp Lejeune, North Carolina, unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies to the defense committees. Provides for the resolution of certain disputes in connection with such claims.
(Sec. 320) Amends the Clean Air Act to exempt a substance listed as acceptable for use as a fire suppression agent for nonresidential applications from the prohibition against introducing into interstate commerce or using any class II substance (specified hydrochlorofluorocarbons).
Subtitle C: Logistics and Sustainment - (Sec. 321) Revises the definition of "depot-level maintenance and repair" for purposes of maintenance depots.
(Sec. 322) Requires the Secretary or the Secretary of the military department concerned (Secretary concerned) to designate each military industrial facility of the military departments and defense agencies as a Center of Industrial and Technical Excellence in their recognized core competencies.
(Sec. 323) Repeals the limit (eight) on the number of cooperative arrangements that may be entered into by Army industrial facilities with non-Army entities. Makes such authority permanent (under current law, terminates at the end of FY2014). Revises a report requirement under the NDAA for Fiscal Year 2008 to include an assessment of the effectiveness of the use of such authority and recommendations to improve the ability of each facility to compete for such contracts.
(Sec. 324) Directs the Under Secretary to implement four actions recommended in a report of the Government Accountability Office (GAO) which resulted from F-22 and F-35 aircraft corrosion studies, and to brief the defense and appropriations committees on activities undertaken to implement such actions. Requires such implementation by January 31, 2012, and requires compliance across the military departments by the end of 2012. Requires the Under Secretary, if compliance is not feasible by such date, to justify to such committees the reasons therefor.
(Sec. 325) Requires, within an annual report on DOD minimum capital investment in combined maintenance, repair, and overhaul workloads of the military departments, a table showing the funded workload performed by each covered depot for the preceding three fiscal years and actual investment funds allocated to each depot for the period covered by the report. Includes Tooele Army Depot, Utah as a covered depot.
(Sec. 326) Requires the Secretary to report to the defense and appropriations committees on the status of the drawdown, retrograde, and reset program for equipment used in support of operations New Dawn and Enduring Freedom, as well as the status of the overall supply chain management for depot-level activities. Requires the Secretary of the Air Force to contract with a federally funded research and development center (FFRDC) to report to the defense and appropriations committees on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes.
(Sec. 327) Eliminates the exclusion for special access programs from the core logistics capability requirements determination. Includes the nuclear refueling of an aircraft carrier within such exclusion. Requires an annual report from the Secretary to Congress on DOD core logistics capability requirements, workloads, and capital investments.
Subtitle D: Readiness - (Sec. 331) Amends the Skelton Act to: (1) allow funds voluntarily contributed to DOD for offsetting the costs of mitigation measures to remain available until expended, and (2) allow the Secretary to accept voluntary contributions to conduct studies of potential mitigation measures.
(Sec. 332) Directs the Administrator of the Federal Aviation Administration (FAA) to develop procedures to allow DOD and the Department of Homeland Security (DHS) to review and comment on certain aeronautical studies.
Subtitle E: Reports - (Sec. 341) Requires the Secretary: (1) to annually certify to the defense and appropriations committees that the prepositioned stocks of each of the military departments meet all operational plans in effect; and (2) if unable to make a complete certification for any year, to include in that certification a list of operational plans affected and mitigation measures taken. Outlines additional required information within an annual report on DOD prepositioned materiel and equipment.
(Sec. 342) Requires, within annual DOD installation energy management reports, an evaluation of practices used in contingency operations and potential improvements to reduce vulnerabilities associated with fuel convoys.
(Sec. 343) Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations, (2) create a master plan of requirements and investments to meet Air Force training and test needs through 2025, and (3) submit to the defense and appropriations committees an interim and final report on plan implementation.
(Sec. 344) Requires the Commander of the U.S. Special Operations Command to: (1) conduct a study on the ability of existing special operations training ranges to support the full spectrum of missions and operations assigned to special operations forces, and (2) submit to the defense and appropriations committees a plan on meeting special operations training requirements through 2025.
(Sec. 345) Directs the Secretary to: (1) survey the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments, and (2) report to the defense and appropriations committees on the advisability of establishing service life extension programs for such classes of vehicles.
(Sec. 346) Requires: (1) the Secretary to commission an independent entity to assess U.S. security interests in the Pacific Command area of responsibility, and (2) the entity selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Authorizes appropriations.
(Sec. 347) Directs: (1) the Secretary to commission an FFRDC to assess the overseas basing presence of U.S. forces, and (2) the FFRDC selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Provides funding.
(Sec. 348) Requires the assessments of the National Military Strategy conducted by the JCS and the DOD quadrennial roles and missions review to include an assessment of joint military training and force allocations.
(Sec. 349) Amends the Hunter Act to require additional information in a report concerning military working dogs. Changes such report requirement from annual to biennial.
Subtitle F: Limitations and Extension of Authority - (Sec. 351) Authorizes the adoption of a military working dog by the family of a deceased or seriously-wounded member of the Armed Forces (member) who was the dog's handler.
(Sec. 352) Prohibits the Secretary of the Air Force from expanding the Air Force food transformation initiative to include any base other than the six initially included in the pilot program until such Secretary reports to the defense committees on the initiative.
(Sec. 353) Directs the Secretary of the Army to designate the effort to consolidate its enterprise email services as a formal acquisition program, with the Army acquisition executive acting as the milestone decision authority. Prohibits the obligation or expenditure of FY2012 funds for Army migration to enterprise e-mail services until 30 days after such Secretary reports to the defense and appropriations committees on the program's acquisition strategy.
(Sec. 354) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the Army product improvement pilot program.
Subtitle G: Other Matters - (Sec. 361) Amends the Skelton Act concerning the commercial sale by DOD of small arms ammunition and ammunition components in excess of military requirements to allow the commercial resale of only intact expended small arms cartridge cases. States that such commercial sale provisions shall not apply to ammunition or components stored or expended outside the United States. Requires all such sales to be subject to all applicable explosives safety and trade security controls.
(Sec. 362) Directs the CG to conduct a review of the DOD system for space-available travel to determine its capacity presently and as projected in the future, and to examine the efficiency and usage of such travel.
(Sec. 363) Directs the Secretary of the Navy to maximize the safety and effectiveness of all vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting of hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to NATO and/or coalition forces operating with the Armed Forces. Directs the Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support such Agency's preparation of maps, charts, books, and geodetic products.
(Sec. 364) Requires sums received as reimbursement for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 365) Revises airlift service definitions with respect to the Civil Reserve Air Fleet (CRAF).
(Sec. 366) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the CRAF program. Authorizes the Secretary, in determining the amount of business to be received under an airlift services contract, to factor in the relative amount of airlift capability committed to the CRAF by each air carrier.
(Sec. 367) Directs the Secretary to ensure that civilian and military law enforcement personnel charged with security functions on military installations receive Active Shooter Training as described in a DOD document entitled "Protecting the Force: Lessons From Fort Hood."
(Sec. 368) Directs the Secretary, in procuring tents or other temporary structures and in maintaining an alternative source for such structures, to award contracts that provide the best value to the United States considering their total life-cycle costs.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Eliminates as an exception to joint duty assignment limits: (1) an officer released from a joint duty assignment for the 60-day period following such release, and (2) officers from each department designated by the Secretary to serve in joint duty assignments. Revises the number of joint duty general and flag officers excluded from end strength limits. Reduces the full exclusion for officers serving in certain intelligence positions. Requires changes made to take effect on January 1, 2012.
(Sec. 503) Authorizes the Secretary, on a case-by-case basis, to assign a graduate of the National Defense University who is not designated as a joint qualified officer to a joint assignment other than a joint duty assignment. Excludes from the requirement to be assigned to a joint duty assignment after graduation those joint qualified officers and other officers who graduate from a school within the National Defense University following pursuit of a program on an other-than-in-residence basis.
(Sec. 504) Authorizes the Secretary to allow the Secretary concerned to provide a voluntary retirement incentive payment (VRIP) to officers who: (1) have served on active duty for more than 20 but not more than 29 years on the approved date of retirement; (2) meet the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer; (3) on the approved date, have 12 months or more remaining on active duty before reaching the maximum retirement years for the member's grade, or under any other provision of law; and (4) meet any additional requirements as specified by the Secretary concerned. Provides VRIP exclusions. Makes the maximum VRIP payment 12 times the officer's monthly basic pay at the time of retirement. Requires repayment for members who return to active duty, but allows the Secretary to waive repayment when recovery would be against equity and good conscience or contrary to the best U.S. interests. Reinstates certain temporary early retirement authority as provided under the NDAA for Fiscal Year 1993. Makes VRIP authority inapplicable to members of the Coast Guard and the commissioned corps of the National Atmospheric Administration (NOAA).
(Sec. 504) Includes within the definition of "joint duty assignment" all instructor assignments for joint training and education.
Subtitle B: Reserve Component Management - (Sec. 511) Establishes the position of Vice Chief of the National Guard Bureau, appointed by the President with the advice and consent of the Senate, and holding the grade of lieutenant general while so serving. Requires the Chief and Vice Chief to be designated as general officers and excluded from general officer distribution limits. Establishes the chain of succession for the Chief and Vice Chief in the event of absence or disability. Requires the current Director of the Joint Staff of the National Guard Bureau to continue to serve in the grade of major general as the acting Vice Chief until the Vice Chief is appointed.
(Sec. 512) Includes the Chief within the membership of the JCS. Gives the Chief specific responsibility over matters involving non-federalized National Guard forces in support of homeland defense and civil support missions.
(Sec. 513) Allows preseparation counseling for reserve members being demobilized to commence less than 90 days before their projected date of discharge or release from active duty when operational requirements make the full 90-day requirement unfeasible.
(Sec. 514) Makes discretionary (under current law, mandatory) the authority of the Secretary of the Army or Air Force to allow dual-status military technicians who reach their mandatory separation date before age 60 to apply for continued service until age 60.
(Sec. 515) Authorizes the Secretary, upon request of a state governor for federal assistance in responding to a major disaster or emergency, to order a unit or member of the reserves to active duty for a continuous period of up to 120 days to provide such assistance. Excludes members so serving from reserve personnel end strength limits. Provides for the termination of such duty by order of the Secretary or by law. Requires the usual and customary command and control arrangement with respect to regular and reserve armed forces serving simultaneously in support of civil authorities during such a disaster or emergency.
(Sec. 516) Authorizes the Secretary concerned, when necessary to augment the active forces for a preplanned mission in support of a combatant command, to order any unit of the Selected Reserve to active duty, without the consent of the member, for not more than 365 consecutive days. Outlines activation limitations, including a limit of 60,000 members under such order. Excludes members so ordered from active-duty end strength limits. Directs the Secretary concerned to notify Congress when exercising such authority, including the circumstances necessitating such action. Terminates such duty by law or by order of the Secretary concerned. Requires, when determining which units will be so ordered, appropriate consideration to be given to: (1) length and nature of previous service; (2) frequency of assignments during service career; (3) family responsibilities; and (4) employment necessary to maintain the national health, safety, or interest.
(Sec. 517) Makes reserve officer military technicians (dual status) who have been retained beyond their mandatory removal date for years of service ineligible for consideration for promotion by a mandatory promotion board.
(Sec. 518) Requires that all fully qualified officers of the National Guard and reserves be considered for appointment to the positions of Commander of the Army North Command or Air Force North Command.
(Sec. 519) Directs the Secretary to: (1) study the feasibility and advisability of terminating the military technician as a distinct DOD personnel management category, and (2) report study results to the defense and appropriations committees.
Subtitle C: General Service Authorities - (Sec. 521) Expresses the sense of Congress regarding the unique nature, demands, and hardships of military service.
(Sec. 522) Directs the Secretary to prescribe a policy that addresses the amount of dwell time a member or unit remains at a permanent duty station or home port between deployments. Requires the Secretary to: (1) establish a system for tracking and recording the number of days each member is deployed; (2) prescribe policies and procedures for measuring operating and personnel tempo; and (3) maintain a central data repository of information for research, analysis, interagency reporting and evaluation of tempo and personnel programs and policies.
(Sec. 523) Includes within protected communications to the DOD Inspector General (whistleblower protections) a communication by a member of the Armed Forces concerning a threat by another member or federal employee that indicates a determination or intent to kill or cause serious bodily injury to members or civilians or damage to military, federal, or civilian property.
(Sec. 524) Directs the Secretary (under current law, the Secretary concerned) to submit to the defense committees and the requesting Member of Congress the rationale supporting a recommendation to award a Medal of Honor to an individual or unit in the case of an award proposal that was not otherwise submitted in a timely manner.
(Sec. 525) Allows any enlisted member to be discharged within one year (under current law, three months) before the expiration of their enlistment or extended enlistment.
(Sec. 526) Extends through 2018 DOD authority to pay voluntary separation pay and benefits to eligible members voluntarily separated from active duty.
(Sec. 527) Prohibits a member from being denied reenlistment for unsuitability based on the same medical condition for which they were determined by a physical evaluation board to be fit for duty.
(Sec. 528) Includes the person designated by the decedent on the record of emergency data (DD Form 93 or any successor form) as the Person Authorized to Direct Disposition among those permitted to direct disposition of remains, regardless of the relationship of the designee to the decedent.
(Sec. 529) Provides additional matters to be covered under preseparation counseling for members and their families, including information on home loan services and housing assistance benefits under laws administered by the Secretary of Veterans Affairs, and counseling on responsible borrowing practices.
(Sec. 530) Authorizes (under current law, requires) the Secretary to pay a high-deployment allowance for members deployed in excess of specified periods.
(Sec. 531) Amends the Hunter Act to extend through 2015 the authority to release members from active duty in order to meet personal or professional needs, and then return them to active duty following the required inactive period.
(Sec. 532) Requires the Secretary concerned, for the purposes of recruitment or enlistment, to treat a graduate who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with that state's education laws as a graduate of a secondary school as defined under the Elementary and Secondary Education Act of 1965. Directs the Secretary of Defense to prescribe a policy that incorporates means for identifying such graduates who are qualified for recruitment and enlistment. Requires each Secretary concerned to: (1) develop a recruitment plan and strategy for targeting various segments of potential recruits with all types of secondary education credentials, and (2) develop a communication plan to ensure that the policy and plan are understood by military recruiters.
(Sec. 533) Directs the Secretary to enhance DOD's suicide prevention program through the provision of suicide prevention information and resources to members from their initial enlistment or appointment through their final retirement or separation. Requires DOD preseparation counseling to include information on the availability of suicide prevention resources to members and their dependents.
Subtitle D: Military Justice and Legal Matters - (Sec. 541) Amends article 120 of the Uniform Code of Military Justice (UCMJ) involving offenses of rape, sexual assault, and other sexual misconduct to divide such article into three separate articles covering: (1) offenses of rape and sexual assault of any person; (2) sexual offenses against children under age 16; and (3) other nonconsensual sexual misconduct offenses. Defines "child" for purposes of such provisions as one under age 16 (under current law, under 12). Includes as sexual assaults committing a sexual act upon another person: (1) knowing that the other person is asleep, unconscious, or otherwise unaware that the act is occurring; and (2) when the other person is incapable of proper consent due to impairment, mental disease or defect, or physical disability. Provides that marriage is not a defense for any conduct in issue under the offenses of rape and sexual assault. Repeals provisions concerning the defenses of consent and mistake of fact as to consent, as well as other affirmative defenses not being precluded simply by their omission. States specifically that: (1) a sleeping, unconscious, or incompetent person cannot consent; (2) a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; and (3) a person cannot consent while under threat or in fear. Includes under other sexual misconduct the indecent viewing, visual recording, or broadcasting of the private area of another person without their consent and under circumstances in which the other person has a reasonable expectation of privacy.
(Sec. 542) Amends the UCMJ to authorize the issuance of subpoenas to compel the production of documentary evidence prior to trial by court-martial. Requires individuals responding to subpoenas to be provided a means for reimbursement for fees and mileage. Authorizes military convening authorities to certify facts to U.S. attorneys in such cases.
(Sec. 543) Allows members incurring an injury or illness while serving in a combat operation or in a combat zone designated by the Secretary to receive gifts from nonprofit organizations, private parties, and other sources outside of DOD. (Under current law, only individuals with a combat-related injury are so eligible.) Requires regulations covering such gifting to apply retroactively to injuries or illnesses incurred on or after September 11, 2001.
(Sec. 544) Prohibits a military chaplain from being required to perform a marriage that the chaplain does not wish to perform as a matter of conscience or moral principle.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 551) Authorizes the Secretary concerned to carry out one or more programs to provide eligible members with job training and employment skills training for civilian employment. Makes eligible for such program members who: (1) have completed at least 180 days of active duty, and (2) are expected to be discharged or released from such duty within 180 days after commencement of participation in the program.
(Sec. 552) Authorizes the Secretary to carry out a five-year pilot program to assess the feasibility and advisability of offering a program of instruction for Phase II joint professional military education on an other than in-residence basis. Directs the Secretary to report to the defense committees within one year of completion of the pilot program.
(Sec. 553) Authorizes the Secretary concerned to waive the maximum age limit for admission to the military service academies if the individual: (1) satisfies all other admission eligibility requirements; and (2) was or is prevented from admission before reaching the maximum age limit as a result of active duty service in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Prohibits: (1) any waiver in which the candidate would pass his or her 26th birthday by July 1 of the year of admission, and (2) more than five candidates from being admitted to each service academy under such waiver. Requires a report from each department Secretary to the defense committees on the exercise of the waiver authority. Terminates the waiver authority at the end of FY2016.
(Sec. 554) Establishes the positions of Commandant and Provost and Academic Dean at the Air Force Institute of Technology, with appropriate qualifications and responsibilities. Provides a five-year term for each, but authorizes an additional five-year term for the Commandant.
(Sec. 555) Authorizes the Secretary of the Air Force to provide for the enrollment of certain seriously wounded, ill, or injured former or retired enlisted personnel in associate degree programs of the Community College of the Air Force in order to complete their degree program requirements. Prohibits participation by any individuals after the end of the 10-year period following their separation from active duty.
(Sec. 556) Authorizes the Secretary concerned to enter into agreements to pay a stipend to individuals eligible to be appointed as a reserve officer and enrolled or accepted in a course of study that results in a degree in clinical psychology or social work. Requires, under each agreement, that the individual serve, upon completion of the educational program, one year in the Selected Reserve for each six months for which the stipend is provided.
(Sec. 557) Authorizes the Secretary to administer the Troops-to-Teachers program during FY2012. Directs the Secretaries of Defense and Education to jointly report to the defense and education committees on such program.
(Sec. 558) Directs the Secretary to carry out a five-year pilot program to assess the feasibility and advisability of allowing enlisted personnel to obtain civilian credentialing or licensing for skills required for military occupational specialties or qualification for duty specialty codes. Requires the Secretary to: (1) designate at least three and no more than five specialties or codes for coverage under the pilot program, and (2) report to Congress on the program.
(Sec. 559) Directs the Secretary to report to the defense committees on methods to increase the efficiency of DOD's tuition assistance program of tuition assistance for off-duty training or education for members, as well as education and training opportunities for military spouses.
Subtitle F: Armed Forces Retirement Home - (Sec. 561) Amends the Armed Forces Retirement Home Act of 1991 to make the administration of the Armed Forces Retirement Home (Home), including the provision of health and medical care for its residents, the responsibility of the Secretary.
(Sec. 562) Provides oversight responsibilities and reporting requirements of the Home's Senior Medical Advisor.
(Sec. 563) Requires the Home to have an advisory council, to be known as the Armed Forces Retirement Home Advisory Council, to provide to the Chief Operating Officer and Administrator of each of the two Home facilities recommendations on Home operation and administration and quality of care provided to residents. Requires the Council to report at least annually to the Secretary on its activities, together with recommendations. Provides Council composition and membership, including a Chairperson. Provides for a Resident Advisory Committee at each facility. Discontinues local boards for each facility.
(Sec. 564) Eliminates the positions of Deputy Director and Associate Director at each facility, instead establishing the position of Ombudsman at each facility. Authorizes the Ombudsman to provide information to the Home's Administrator, Chief Operating Officer, and Senior Medical Advisor, as well as the DOD Inspector General and Under Secretary of Defense for Personnel and Readiness. Replaces Director responsibilities with Administrator responsibilities.
(Sec. 565) Replaces transitional resident fee requirements for each Home facility with a permanent fee schedule.
(Sec. 566) Changes from annually to at least once every three years the required inspection of each Home facility by the DOD Inspector General. Revises generally Inspector General reporting and corrective action responsibilities.
(Sec. 567) Repeals transitional provisions of the Armed Forces Retirement Home Act of 1991 relating to the Armed Forces Retirement Home Board and the directors and deputy directors of each Home facility. Changes Board references to references to the Chief Operating Officer. Provides technical and conforming amendments to correspond to changes made under this subtitle.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 571) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 572) Earmarks specified FY2012 DOD O&M funds for providing assistance to local educational agencies: (1) that benefit dependents of members and DOD civilian employees; and (2) with significant enrollment changes due to base closures or realignments, force structure changes, or force relocations.
(Sec. 573) Amends the Warner Act to authorize additional forms of assistance to LEAs serving military dependent students who do not attend Department of Defense Education Activity schools. Extends such authority through FY2016.
(Sec. 574) Revises the membership of the Department of Defense Military Family Readiness Council. Includes parents of military personnel as authorized Council members. Provides for National Guard component representation on such Council.
(Sec. 575) Requires reemployment and other employment benefits for individuals ordered to full-time National Guard duty (other than for training) when authorized by the President or Secretary to respond to a national emergency declared by the President and supported by federal funds.
(Sec. 576) Expands the authority of the Secretary to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations.
(Sec. 577) Directs the Secretary to report to the defense committees on any pilot and demonstration projects and other efforts that DOD is conducting on autism services.
(Sec. 578) Directs the CG to review all current DOD military spouse employment programs, and report review results to the defense and appropriations committees.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 581) Directs the military department Secretaries to prescribe regulations on the provision of legal assistance to victims of sexual assault. Allows members or their dependents to be provided legal assistance by military or civilian legal assistance counsel, a Sexual Assault Response Coordinator, and a Sexual Assault Victim Advocate. Requires victims to be informed of the availability of such assistance, whether such victim elects unrestricted or restricted (confidential) reporting of the assault. Allows a victim to elect confidential reporting without initiating an official investigation of the allegations.
(Sec. 582) Directs the Secretary concerned to provide for timely determination and action (within 72 hours) of an application for a change of station or unit transfer by a member serving on active duty who was a victim of a sexual assault or related offense, so as to reduce the possibility of retaliation for reporting the incident. Allows for review of a decision disapproving the change of station or transfer by the first general or flag officer in the chain of command of the member, requiring review decision also within 72 hours.
(Sec. 583) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or from DOD employees in a comparable Senior Executive Service position.
(Sec. 584) Requires at least one full-time Sexual Assault Response Coordinator and one Sexual Assault Victim Advocate to be assigned to each military brigade or equivalent unit level. Directs that, as of October 1, 2013, only members of the Armed Forces and civilian DOD employees may serve in such positions. Provides for Coordinator and Advocate training and certification, requiring, as of the above date, all such Coordinators and Advocates to have completed such training and certification.
(Sec. 585) Requires the Secretary of each military department to develop a curriculum to provide sexual assault prevention and response training and education for members and civilian employees under their jurisdiction, in order to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault. Directs the Secretary of Defense to: (1) provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education, and (2) direct that managers of specialty skills associated with first responders integrate sexual assault response training in initial and recurring training courses.
(Sec. 586) Directs the Secretary to: (1) develop a comprehensive DOD policy on the retention of and access to evidence and records relating to sexual assaults involving members, and (2) ensure that such policy is implemented uniformly by the military departments. Requires sexual assault victims to be provided with a copy of all prepared records of proceedings of a court-martial if the victim testified during the proceedings.
Subtitle I: Other Matters - (Sec. 588) Authorizes the Secretary to carry out: (1) reintegration activities for DOD personnel recovered after detention in isolation or captivity by a hostile force while participating in or associated with a U.S.-sponsored military activity or mission; and (2) post-isolation activities on behalf of such individuals, military or civilian officers or employees of an allied or coalition partner, or other U.S. or foreign nationals.
(Sec. 589) Authorizes the Secretary to establish a military adaptive sports program for members eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty. Requires the Secretary to use competitive procedures to award any grant or contract under this section.
(Sec. 590) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 relating to the Yellow Ribbon Reintegration Program (military-to-civilian transition assistance) to: (1) include federal and state-led programs of outreach under the Program, and (2) add to Program functions the development and implementation of a process for identifying best practices in the delivery of information and services in outreach programs.
(Sec. 591) Provides a new federal law chapter concerning Army national military cemeteries. Directs the Secretary of the Army to develop, operate, administer, and fund the Army national military cemeteries in a manner that fully honors the service and sacrifices of the deceased members buried or inurned there. Includes within such cemeteries Arlington National Cemetery and the U.S. Soldiers' and Airmen's Home National Cemetery. Requires such Secretary to: (1) submit an annual cemeteries budget request to the defense and appropriations committees; and (2) determine eligibility for interment or inurnment in the cemeteries. Provides for the removal of remains from the cemeteries in certain circumstances. Directs such Secretary to appoint an advisory committee on Arlington National Cemetery, which shall advise and consult with respect to Arlington National Cemetery administration, erection of memorials, and master planning. Requires periodic advisory committee reports. Establishes an Executive Director of the Cemeteries, as well as a Superintendent for each Cemetery. Provides for Cemeteries oversight and inspection. Requires, by June 1, 2012, the digitization of all records related to interments and inurnments at Arlington National Cemetery. Directs the DOD Inspector General, during FY2013 and FY2015, to conduct inspections of each of the Cemeteries.
(Sec. 592) Directs the Inspector General of each military department to inspect each military cemetery under their jurisdiction and make recommendations for their regulation, management, oversight, and operation. Requires the DOD Inspector General to: (1) inspect a sample of cemeteries located at current or former military installations both inside and outside the United States in order to assess the adequacy of and adherence to federal statutes, policies, and regulations governing military cemetery management, oversight, operations, and interments or inurnments; and (2) submit inspection results and recommendations to the defense committees. Requires the military department Secretaries to report to such committees on their respective inspection results and corrective action plans.
(Sec. 593) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Captain Fredrick L. Spaulding for acts of valor during the Vietnam War.
(Sec. 594) Authorizes and requests the President to award the Medal of Honor posthumously to Captain Emil Kapaun for acts of valor during the Korean War.
(Sec. 595) Directs the Secretaries of the Army and the Navy to: (1) review the service records of certain Jewish-American World War I veterans to determine whether that veteran should be posthumously awarded the Medal of Honor; and (2) upon a positive determination, submit a recommendation to the Secretary that such award is warranted. Makes eligible for such review and award each Jewish-American World War I veteran: (1) who was previously awarded the Distinguished Service Cross, Navy Cross during World War I; and (2) whose name and supporting material for award upgrade is submitted to the appropriate Secretary within one year after the enactment of this Act.
(Sec. 596) Directs the Secretary to submit to Congress an assessment of the feasibility and advisability of the establishment by the military departments of a process to expedite the determination of disability with respect to members who suffer from certain disabling diseases or conditions.
(Sec. 597) Directs the CG to: (1) conduct a study of the military necessity of the Selective Service System, and alternatives to the System; and (2) report study results to the defense committees.
(Sec. 598) Directs the Secretary and the Secretary of the Navy to conduct an evaluation of issues affecting the identification, recovery, and repatriation of the remains of American sailors killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on September 4, 1804. Requires the Secretary and the Secretary of State to submit to the defense committees their recommendations regarding the proposal to exhume, identify, and relocate the remains of such soldiers.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Resumes through 2012 DOD authority to provide temporary increases in the rates of basic allowance for housing due to significant growth in assigned military personnel or a major disaster. (Under current law, this authority terminated at the end of 2009.)
(Sec. 602) Allows the Secretary of the Navy to provide lodging or compensation for housing to enlisted personnel who are deprived of their quarters due to ship construction, including at shipyards affected by base realignment and closure activities in Pascagoula, Mississippi, and Bath, Maine.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2012 specified authorities currently scheduled to expire at the end of 2011 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Requires hostile fire and imminent danger pay and hazardous duty pay to be prorated according to the number of days spent in a qualifying area. (Under current law, such payments are made on a monthly basis.) Authorizes payment of the full monthly amount of hostile fire and imminent danger pay when eligibility is based on actual exposure to hostile fire or a hostile mine explosion.
Subtitle C: Travel and Transportation Allowances Generally - (Sec. 621) Extends through 2012 DOD authority to reimburse Selected Reserve personnel for travel expenses for inactive-duty training outside normal commuting distance.
Subtitle D: Consolidation and Reform of Travel and Transportation Authorities - (Sec. 631) Provides revised and updated definitions, administrative provisions, and general and specific authorities concerning military travel and transportation. Authorizes the Secretary to conduct pilot programs to evaluate alternative methods for performing and reimbursing travel, for limiting the need for travel, and for reducing the environmental impact of travel. Requires pilot program reports.
Directs the Secretary, the Secretary of Homeland Security (with respect to the Coast Guard when not operating as a service in the Navy), the Secretary of Commerce (with respect to the National Oceanic and Atmospheric Administration [NOAA]), and the Secretary of Health and Human Service (with respect to the Public Health Service) (administering Secretaries) to establish programs of compliance to ensure appropriate travel claims payment and ensure that benefits do not exceed actual expenses of travel or reasonable allowances based on commercial travel rates. Require that all DOD travel claims be processed electronically within five years after the enactment of this Act.
Recodifies and renumbers current military travel and transportation authorities. Terminates current authorities with respect to travel that occurs after ten years after the enactment of this Act. Makes technical and clerical amendments necessitated by the recodified and renumbered authorities.
(Sec. 632) Directs the Secretary to develop a plan to implement the transition from current military travel and transportation authorities to the revised and updated authorities within the 10-year period following the enactment of this Act. Requires the Secretary to prepare such plan, and modify current law to facilitate the transition process, in coordination with the administering Secretaries.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 641) Authorizes (under current law, requires) the Secretary of the Navy to select products to be sold aboard Navy ships.
(Sec. 642) Authorizes the military exchange services to issue and sell their obligations to the Federal Financing Bank in accordance with requirements of the Federal Financing Bank Act of 1973.
(Sec. 643) Designates the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for administrative and governance purposes.
Subtitle F: Disability, Retired Pay and Survivor Benefits - (Sec. 651) Authorizes the payment of a death gratuity and related benefits for reserve members who die while staying at their residence, when so authorized, during or between successive days of inactive duty training. Treats such a death as death during inactive duty training. Authorizes payment for the recovery, care, and disposition of remains in such instances.
Subtitle G: Other Matters - (Sec. 661) Directs the Secretary to: (1) study the implications of changes in the basic allowance for housing for members of the National Guard transitioning between active duty and full-time National Guard duty, and (2) report study results to the defense and appropriations committees.
(Sec. 662) Directs the surgeons general of the Army, Navy, and Air Force to report to Congress on their staffing needs for health care professionals in the active and reserve components.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Limits, beginning with FY2012, the increase in the annual DOD patient enrollment fees to the percentage by which retired pay is increased. Bases the increases for FY2013 and thereafter on the enrollment fees for retirees who first enrolled in FY2012.
(Sec. 702) Requires the Secretary to provide a person-to-person mental health assessment for each member deployed in support of a contingency operation: (1) once during the period beginning 120 days before the deployment, (2) once during the period beginning 90 days after the redeployment from the contingency operation and ending 180 days after such redeployment date, (3) once during the period beginning 180 days after the redeployment and ending one year after the redeployment date, and (4) once during the period beginning 18 months after the redeployment date and ending 30 months after such date. Provides assessment exceptions, including when the member was not subjected or exposed to operational risk factors during the deployment. Terminates assessment requirements after the individual's discharge or release. Requires the Secretary to share assessment information with the Secretary of Veterans Affairs for purposes of the transition of health care and treatment provided by DOD to health care and treatment provided by the VA. Directs the Secretary to prescribe regulations for the administration of this section, and to report to Congress on such regulations, including the implementation of such regulations by the military departments.
(Sec. 703) Authorizes the Secretary to provide to any reserve member performing inactive-duty training during scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be available for referrals during duty hours at the principal duty location of the member's unit. Requires each reserve member participating in annual training or individual training to have access, while so participating, to the behavioral health support programs available to reserve personnel. Provides funding for the behavioral health support programs from O&M funds for the reserves.
(Sec. 704) Authorizes the Secretary to provide food and beverages to certain members and dependents receiving outpatient care at a military medical treatment facility, or to family members providing care to an infant receiving inpatient care at such a facility.
(Sec. 705) Authorizes the Secretary to pay travel expenses to a location inside the United States in the case of a command-sponsored dependent of a member assigned to a remote location outside the United States who requires or elects obstetrical anesthesia services. Prohibits providing such transportation to a dependent if the dependent would otherwise receive such services at a military medical treatment facility and such facility, in carrying out the required number of obstetric cases, would not maintain staff competency unless the facility provides such services to the dependent. Terminates such payment authority at the end of FY2016.
(Sec. 706) Extends the normal 180-day period for medical eligibility under the Transition Assistance Management Program, in the case of reserve members called to active duty in support of a contingency operation and then extended for additional active duty, to the 180-day period following the end of the extended duty.
(Sec. 707) Amends the Wounded Warrior Act to authorize the Secretary to provide an active-duty member with a severe injury or illness with rehabilitative equipment, including recreational sports equipment that provides an adaption or accommodation for such member, regardless of whether such equipment is intentionally designed to be adaptive equipment.
(Sec. 708) Amends the NDAA for Fiscal Year 1997 to prohibit a Medicare-eligible military retiree from newly enrolling in the managed care program of a designated provider after September 30, 2012.
Subtitle B: Health Care Administration - (Sec. 711) Directs the Secretary to prescribe and maintain regulations relating to commanding officer and supervisor referrals of members for mental health evaluations. Requires such regulations to seek to eliminate any perceived stigma associated with seeking and receiving mental health services. Outlines procedures for such evaluations, and prohibits using such referrals to retaliate against whistleblowers.
(Sec. 712) Extends until three years after the provision of services the time limit for the submittal of claims under TRICARE for care provided outside the United States or its territories and possessions.
(Sec. 713) Includes as additional individuals authorized to provide health care at DOD facilities civilian DOD employees, DOD personal services contractors, or other health-care professionals credentialed and privileged at a federal health care institution or location specially designated by the Secretary.
(Sec. 714) Limits access to medical quality assurance records to peer review activity by or for DOD to assess the quality of medical care.
(Sec. 715) Directs the Secretary, in establishing rates and procedures for reimbursements of providers under TRICARE, to maintain adequate networks of providers, including institutional, professional, and pharmacy.
(Sec. 716) Prohibits the Secretary from restructuring or reorganizing the military health system until 120 days after CG submission to the defense and appropriations committees of a review and report on governance model options for such system and related matters. Directs the Secretary to submit a related report concerning such options.
(Sec. 717) Limits the FY2012 obligation of funds for procurement, RDT&E, or O&M of the future electronic health records program to 10% until 30 days after the Secretary reports to the defense and appropriations committees on an architecture to guide the transition of such program, and related information.
Subtitle C: Reports and Other Matters - (Sec. 721) Amends the NDAA for Fiscal Year 2008 to: (1) extend from 2011 to 2015 the required reporting period on access to health care under TRICARE Standard and TRICARE Extra, and (2) change from semiannually to biennially the frequency of CG reports containing reviews of such reports.
(Sec. 722) Authorizes the Secretary to establish a program to enter into partnerships to enable coordinated, rapid clinical evaluation and the application of evidence-based treatment strategies for wounded personnel, with an emphasis on the most common musculoskeletal injuries, that will address military retention and readiness priorities.
(Sec. 723) Requires the Secretary to report to the defense and appropriations committees assessing the benefits of neuroimaging in an effort to identify and improve the diagnosis of post-traumatic stress disorder (PTSD).
(Sec. 724) Directs the Secretary to report to the defense and appropriations committees on implementation of the DOD policy related to the management of concussion and mild traumatic brain injury in the deployed setting, and related matters.
(Sec. 725) Directs the CG to: (1) review women-specific health services and treatment for female military personnel, and (2) report review results to the defense and appropriations committees.
(Sec. 726) Requires a report from the CG to the defense committees on contracting activities of the military departments with respect to providing health care professional services to members, dependents, and retirees.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Prohibits a major defense acquisition program (MDAP) from receiving milestone A (technology development) approval until the Milestone Decision Authority certifies that a determination of applicability of core depot-level maintenance and repair capabilities requirements has been made. Requires that the MDAP's life-cycle sustainment planning has identified and evaluated relevant sustainment costs before the MDAP may receive milestone B (engineering and manufacturing development) approval. Requires the Secretary, prior to entering into a contract for low-rate initial production of a MDAP, to ensure that the requirements for core depot-level maintenance and repair capabilities have been defined. Eliminates MDAP requirements references to Key Decision Points A and B.
(Sec. 802) Allows a DOD officer or employee to disclose sensitive information to a litigation support contractor only if: (1) the disclosure is solely for providing litigation support to the government; and (2) the contractor agrees to and acknowledges responsibility for the use, and prevention of further disclosure, of such information.
(Sec. 803) Prohibits the compensation payable to defense contractor employees from exceeding the annual amount paid to the President of the United States. Allows the Secretary to establish exceptions for scientists and engineers when determined necessary to ensure DOD access to needed skills and capabilities.
(Sec. 804) Allows funds credited to the Defense Acquisition Workforce Development Fund to be available for the year credited and the two succeeding fiscal years.
(Sec. 805) Requires the Director of the Defense Contract Audit Agency to: (1) prepare an annual report of Agency activities, and (2) submit each report to the defense and appropriations committees. Requires the public availability of each report 60 days after such submission.
(Sec. 806) Directs: (1) the Under Secretary to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used for making source selection decisions, and (2) the CG to report to the defense and appropriations committees on actions taken by the Under Secretary pursuant to such strategy.
(Sec. 807) Requires: (1) the Under Secretary to develop a plan for implementing the recommendations of the Defense Science Board Task Force on Improvements to Service Contracting, and (2) the CG to report to such committees on actions taken pursuant to this section.
(Sec. 808) Prohibits the total amount obligated by DOD for contract services in FY2012 or FY2013 from exceeding the total amount requested for such services by DOD in FY2010, adjusted for net transfers from funding for overseas contingency operations. Provides an exception with respect to any increase in the number of civilian DOD billets in such fiscal years. Requires the Secretary to issue guidance to the military departments and defense agencies on the implementation of such limitations.
(Sec. 809) Requires a single annual report on single-award task and delivery order contracts based on exceptional circumstances (in lieu of separate reports on each single-award contract awarded during such year). Requires an explanation of the basis of the determination with respect to a single-award contract in excess of $100 million.
Subtitle B: Amendments Relating to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Requires a critical change report with respect to a major automated information system (MAIS) within five years after the Milestone A decision or the date when the preferred alternative is selected for the program. (Under current law, such report is required when MAIS investment has failed to achieve a full deployment decision within five years after funds are first obligated.)
(Sec. 812) Requires annual Selected Acquisition reports to be submitted to Congress within 45 (under current law, 60) days after the end of the first fiscal quarter.
(Sec. 813) Extends through FY2016 the deadline for certain protests of civilian agency task and delivery order contracts.
(Sec. 814) Makes the $30,000 cost threshold applicable only to right-hand drive passenger sedans (thereby excluding from such threshold other right-hand drive vehicles such as ambulances, fire trucks, and buses).
(Sec. 815) Allows the United States to release or disclose technical data related to a DOD item or process when necessary for the segregation or reintegration of such item or process from or with other items or processes. Provides the extent to which the United States may require the delivery of technical data to which it has rights, but the delivery of which was not required in the contract.
(Sec. 816) Amends the Skelton Act to define "covered contracts" for purposes of requirements for contractor business systems.
(Sec. 817) Amends the NDAA for Fiscal Year 2008 to require non-defense agencies to comply with defense procurement requirements, including FAR, when making procurements on behalf of DOD.
(Sec. 818) Directs the Secretary to assess DOD acquisition policies and systems for the detection and avoidance of counterfeit electronic parts. Outlines specific actions to be taken by the Secretary following such assessment, including revising the DOD Supplement to FAR to address such detection and avoidance. Provides contractor responsibilities relating to such detection and avoidance. Requires DOD contractors and subcontractors at all tiers, whenever possible, to obtain electronic parts from trusted suppliers (as compiled by DOD). Requires any DOD contractor or subcontractor who becomes aware of or has reason to suspect that any end item, component, part, or material contained in supplies purchased by DOD is counterfeit to report such fact to appropriate government authorities and the Government-Industry Data Exchange Program. Directs the Secretary of Homeland Security to establish a methodology for the targeting of imported electronic parts as counterfeit sources. Requires the DOD Secretary to implement a program to enhance contractor detection and avoidance of counterfeit electronic parts. Amends the federal criminal code to provide criminal penalties for the intentional trafficking in counterfeit military goods or services. Requires the Attorney General to include in an annual report to Congress on Department of Justice (DOJ) business all DOJ actions taken with respect to such trafficking.
(Sec. 819) Amends the Weapon Systems Acquisition Reform Act of 2009 to: (1) repeal the requirement that DOD certify MDAP compliance with actions on the treatment of systemic problems prior to milestone approval, and (2) eliminate the requirement to continually review and revalidate waivers granted under such Act.
(Sec. 820) Requires that the Quadrennial Defense Review, National Military Strategy, and other major military planning documents address the expected roles and responsibilities of contractors in military operations and risks associated with the assignment of functions to contractors.
(Sec. 821) Provides that Buy American requirements for tents and their structural components, tarpaulins, or covers purchased by DOD includes the materials and components of such items.
(Sec. 822) Amends the NDAA for Fiscal Year 2008 to repeal the January 1, 2015, termination date on DOD authority to procure from certain foreign countries fire-resistant rayon fiber for uniforms.
(Sec. 823) Prohibits the head of a defense agency from requiring a contractor to submit contractor political information as part of a contract solicitation, bid, or proposal, or during any part of contract performance.
Subtitle C: Provisions Relating to Major Defense Acquisition Programs - (Sec. 831) Allows the waiver of requirements relating to new milestone approval for certain MDAPs that experience critical cost growth attributable to changes in the purchase quantity, and not as the result of an increase in program cost, program delay, or meeting program requirements. Directs the Secretary to submit to Congress a written determination to such effect.
(Sec. 832) Directs the Secretary to issue guidance on actions taken to assess, manage, and control DOD costs for the operation and support of major weapon systems. Makes the Director of Cost Assessment and Program Evaluation responsible for developing and maintaining a database on operating and support estimates, supporting documentation, and actual operating and support costs for such systems.
(Sec. 833) Makes the Under Secretary responsible for policies and guidance on cost analyses and targets to be used in contract negotiations.
(Sec. 834) Amends the Skelton Act to allow DOD to tailor manufacturing readiness levels or other manufacturing standards to address the unique characteristics of specific industry sectors or weapon system portfolios.
(Sec. 835) Amends the Warner Act to require each MDAP to be supported by a chief development tester and a government test agency.
(Sec. 836) Directs the Secretary, after the President certifies Congress regarding a proposed cooperative agreement expected to result in the award of a DOD contract for the engineering and manufacturing development of a major weapon system, to submit to the defense committees a risk assessment of the proposed project.
(Sec. 837) Amends the Weapon Systems Acquisition Reform Act of 2009 to include a subsystem or component of a major weapons system in the requirement for consideration of competition throughout the operation and sustainment of such major systems.
(Sec. 838) Requires the Secretary to either redesignate the Evolved Expendable Launch Vehicle program as a MDAP not in the sustainment phase, or require such program to provide to the: (1) defense and appropriations committees specified cost, schedule, and performance information as if it were a MDAP; and (2) Under Secretary a quarterly cost and status report and earned value management data.
(Sec. 839) Requires the Secretary, by March 31, 2012, to submit to the defense and appropriations committees specified information concerning implementation of the DOD acquisition strategy for the Evolved Expendable Launch Vehicle. Directs the CG to submit to the defense, appropriations, and intelligence committees an assessment of the Secretary's information and recommendations.
Subtitle D: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 841) Prohibits the Secretary, as of 30 days after the enactment of this Act, from awarding a contract in support of a contingency operation in Iraq or Afghanistan to an adverse entity (one identified to be actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation in the U.S. Central Command theater of operations). Authorizes the Secretary to void any such contract in effect before, on, or after such effective date. Requires FAR revision for regulations implementing such prohibition. Requires the Secretary to: (1) establish a program to use available intelligence to review persons and entities who receive U.S. funds through agreements performed in such area in order to identify adverse persons and entities, and (2) report to the defense and appropriations committees in each of 2013-2015 on the use of authority provided under this section. Terminates the provisions of this section three years after the enactment of this Act.
(Sec. 842) Authorizes the Secretary to include in defense contracts, grants, and cooperative agreements a clause authorizing the Secretary to examine the records of the contract, grant, or agreement recipient to ensure that contract funds are not subject to extortion or corruption and are not provided to persons or entities supporting an insurgency or actively opposing U.S. or coalition forces in a contingency operation. Requires a report from the Secretary to the defense committees in each of 2013-2015 on the use of such authority. Terminates such authority three years after the enactment of this Act.
(Sec. 843) Authorizes the Under Secretary to designate a single contracting activity inside the United States to act as the lead contracting activity for the use of domestic capabilities in support of overseas contracting for Operations Enduring Freedom and New Dawn. Authorizes the head of the designated contracting activity, when awarding such a contract inside the United States, to use the larger overseas micro-purchase and simplified acquisition thresholds in the same manner and to the same extent as if the contract were to be awarded outside the United States.
(Sec. 844) Directs the Secretary to: (1) establish goals for competition in contracts awarded by DOD for the procurement of property or services to be used outside the United States in support of a contingency operation, (2) develop processes to measure and monitor such competition, and (3) require a competition advocate of DOD to conduct an annual review of each omnibus contract awarded by DOD for such purposes. Amends the NDAA for Fiscal Year 2008 to require to be included, in an annual report on DOD contracting in Iraq and Afghanistan, the percentage of contracts awarded on a competitive basis as compared to established goals for competition in contingency contracting actions.
(Sec. 845) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to include associated support services within DOD use of rapid acquisition and deployment procedures for urgently needed supplies.
(Sec. 846) Establishes in the Treasury the Joint Urgent Operational Needs Fund to fund capabilities determined to be suitable for rapid fielding in response to urgent operational needs. Allows the transfer of funds to such Fund from DOD O&M, procurement, and RDT&E accounts. Terminates Fund use authority on the last day of the third fiscal year following the enactment of this Act. Prohibits any Fund expenditures until the Secretary certifies to the defense and appropriations committees that DOD has developed and implemented an expedited review process in compliance with provisions of the Skelton Act.
Subtitle E: Defense Industrial Base Matters - (Sec. 851) Directs the Secretary to report to the defense and appropriations committees on the defense industrial base pilot program.
(Sec. 852) Requires the Secretary to: (1) ensure that the annual DOD report to Congress on the defense industrial base submitted for FY2012 includes a description of, and status report on, the sector-by-sector, tier-by-tier assessment of the industrial base undertaken by DOD; (2) develop a defense supply chain and industrial base strategy to ensure the continued availability of items deemed critical to military readiness and subject to significant supply chain risk; and (3) include updates on actions taken in the annual defense industrial base reports for FY2013-FY2015.
(Sec. 853) Directs the Administrator of the Defense Logistics Agency Strategic Materials to submit to the Secretary an assessment of the feasibility and advisability of establishing an inventory of rare earth materials necessary to ensure their long-term availability in supporting national defense requirements. Requires the Secretary to report assessment findings to the defense and appropriations committees. Specifies the rare earth materials and elements to be included in the inventory.
(Sec. 854) Directs the Under Secretary to: (1) assess the current and long-term availability within the United States and international industrial base of critical equipment, components, and materials needed to support current and future U.S. military requirements for night vision image intensification sensors; and (2) submit assessment results to Congress.
Subtitle F: Other Matters - (Sec. 861) Provides that U.S. district courts shall have no jurisdiction to hear bid protest disputes involving maritime contracts.
(Sec. 862) Directs the Under Secretary to, among other things: (1) enhance educational programs in science, technology, engineering, and math disciplines (STEM); and (2) establish partnerships with historically Black colleges and universities and minority institutions for training students and awarding scholarships and fellowships in scientific disciplines. Requires the Under Secretary to report to the defense and appropriations committees on actions taken.
(Sec. 863) Expresses the sense of Congress that DOD should continue to support long-term contracting authority for alternative and traditional fuels if such contract will satisfy military requirements and will result in equal or less cost to DOD over their duration. Requires a report from the Secretary to the defense and appropriations committees on the authorities currently available to DOD for multiyear contracts for the purchase of alternative fuels, including advanced biofuels.
(Sec. 864) Requires the Associate Administrator for Acquisition Workforce Programs to: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; and (2) be located in the Office of Federal Procurement Policy (OFPP). (Under current law, such Associate Administrator is located in the Federal Acquisition Institute.) Establishes such Institute, headed by a Director, and outlines its duties with respect to the federal acquisition workforce and related activities. Requires the Institute to report through its Board of Directors to the Administrator for Federal Procurement Policy. Provides Board duties. Requires: (1) the Administrator to provide and update government-wide training standards and certification requirements, and (2) all federal civilian agency acquisition internship or training programs to follow OFPP guidelines to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government.
(Sec. 865) Revises the delegation of authority for determinations on the DOD making of cooperative research and development agreements with NATO and other U.S.-friendly countries and organizations.
(Sec. 866) Amends the NDAA for Fiscal Years 1990 and 1991 to extend through 2014 a test program for the negotiation of comprehensive small business subcontracting plans. Extends an associated report requirement.
(Sec. 867) Amends the NDAA for Fiscal Year 1991 to extend through FY2015 the DOD mentor-protege pilot program.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Revises requirements for the review and approval of expenditures for a defense business system modernization program in excess of $1 million to allow the appropriate pre-certification authority for the program to waive program review and approval requirements if such officer determines that the program is necessary: (1) to achieve a critical national security capability or address a critical requirement in an area such as safety or security, or (2) to prevent a significant adverse effect on a project needed to achieve an essential capability. Directs the Secretary to establish an investment review board and investment management process with respect to defense business system programs. Extends program report requirements through 2016.
(Sec. 902) Requires the Deputy Secretary of Defense to be appointed from among those most highly qualified by background and experience, including management experience.
(Sec. 903) Directs the Secretary to designate a senior DOD official with principal responsibility for DOD airship programs, and to set forth appropriate responsibilities of the position.
(Sec. 904) Requires each department Secretary to enter into a memorandum of agreement with the Commander of the Special Operations Command establishing procedures for the synchronization of general purposes forces with the training and deployment cycle of special operations forces.
(Sec. 905) Directs the Secretary to: (1) assess current and potential mechanisms to permit DOD to employ non-U.S. citizens with critical scientific and technical skills vital to U.S. national security interests, and (2) submit an interim and final report to the defense and appropriations committees on such assessment.
(Sec. 906) Expresses the sense of Congress encouraging DOD to continue the use and enhancement of modeling and simulation across the spectrum of defense activities, including acquisition, analysis, experimentation, intelligence, planning, medical, test and evaluation, and training.
(Sec. 907) Expresses the sense of Congress that the successor organization to the United States Joint Forces Command, the Joint Warfighting and Coalition Center, should establish close ties with the Allied Command Transformation command of NATO.
(Sec. 908) Directs the Secretary to submit to the defense and appropriations committees a description and assessment of the effects of planned personnel reductions at the Joint Warfare Analysis Center.
Subtitle B: Space Activities - (Sec. 911) Prohibits the Federal Communications Commission (FCC) from lifting any conditions imposed on commercial terrestrial operations (operations) or otherwise permitting such operations until it has resolved concerns of widespread harmful interference by such operations to the Global Positioning System (GPS) devices of DOD. Requires the FCC, prior to permitting such operations, to make available the final working group report mandated by the Order and Authorization numbered DA 11-133, and to provide all interested parties an opportunity to comment on such report. Directs the FCC, at the conclusion of proceedings concerning such operations, to submit to specified congressional committees official copies of documents containing the FCC final decision on whether to permit the operations. Provides that, if the FCC decision is to permit such operations, such documents shall contain an explanation of how DOD GPS devices interference concerns have been resolved. Directs the Secretary to: (1) assess the ability of national security GPS receivers to receive signals without interruption or interference, and determine if commercial communications services are or will cause interference with such signals; and (2) notify the defense and appropriations committees upon a positive determination of interruption or interference.
(Sec. 912) Provides that if the Secretary determines that a MDAP to purchase satellites requires delivery in two or more increments, the Secretary may designate each increment as a major subprogram for purposes of acquisition reporting requirements.
Subtitle C: Intelligence Related Matters - (Sec. 921) Directs the Secretary to report to the defense, appropriations, and intelligence committees and the CG on actions taken in response to CG recommendations concerning the sharing of intelligence information across the defense elements of the intelligence community. Requires the CG to review such report and submit review results to such committees.
(Sec. 922) Directs the Secretary to establish a program for information sharing protection and insider threat mitigation for the information systems of DOD to detect unauthorized access to, or use or transmission of, classified or controlled unclassified information. Provides deadlines for initial and full operating capability for such program. Requires the Secretary to: (1) report to the defense and appropriations committees on the implementation plan for the program, and (2) brief the defense committees with respect to a governance structure and process that integrates information security and sharing technologies with DOD policies and procedures to support such program.
(Sec. 923) Authorizes the Secretary to allow the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services relating to areas outside the United States to a nongovernmental organization or academic institution engaged in geospatial information research or production of such areas.
(Sec. 924) Requires the DOD Chief Information Officer to implement a mechanism to publish and maintain on the public Internet specified information on and resources for the Ozone Widget Framework in order to permit individuals and companies to develop, integrate, and test analysis tools and applications for use by DOD and elements of the intelligence community. Requires such Officer to encourage and foster the use of such Framework by the computer industry and commercial information technology vendors.
(Sec. 925) Directs the Under Secretary of Defense for Intelligence to: (1) develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise, (2) conduct a pilot program to demonstrate its capability to perform specified functions, and (3) report to the defense, appropriations, and intelligence committees on incorporation actions taken. Terminates the pilot program at the end of FY2014.
(Sec. 926) Authorizes the Secretary to maintain, repair, and exercise jurisdiction over a facility if necessary to provide security for authorized DOD intelligence collection or special operations activities abroad. Terminates such authority on the later of September 30, 2015, or the date of enactment of the National Defense Authorization Act for Fiscal Year 2016.
Subtitle D: Total Force Management - (Sec. 931) Directs the Secretary to establish policies and procedures for determining the appropriate mix of military, civilian, and contractor personnel to perform the DOD mission (total force management plan). Requires the Secretary to ensure that attainment of an appropriately balanced workforce to carry out the DOD mission and core mission areas takes precedence over cost savings. Provides for the delegation of responsibilities in implementing such policies and procedures.
(Sec. 932) Requires DOD civilian personnel to be managed on the basis of workload and in support of the total force management plan, above.
(Sec. 933) Requires in an annual report from the Secretary on DOD expenditures, work, and accomplishments an accounting for DOD contractors. Requires guidelines related to civilian personnel reductions and processes for the acquisition of services to comply with the total force management plan.
(Sec. 934) Requires the annual defense manpower requirements report to include: (1) a projection of the annual DOD civilian personnel requirements, as well as the strength levels of the previous year, and (2) an estimate for contractor requirements for support services.
(Sec. 935) Revises the DOD strategic workforce plan to: (1) change from annual to biennial its report requirement, (2) require the plan to cover a five-year period corresponding to the future-years defense program, and (3) conform such plan to the total force management plan.
(Sec. 936) Makes technical amendments to DOD requirements for contracted services.
(Sec. 937) Revises provisions concerning the preliminary planning and duration of such public-private competitions for the conversion of DOD functions to contractor performance to place preliminary planning responsibility with the Under Secretary of Defense for Personnel and Readiness. Includes public-private competitions of a defense agency within such requirements (under current law, limited to military departments).
(Sec. 938) Requires: (1) inherently governmental functions to be performed by DOD civilian employees, (2) a cost analysis and savings differential before converting certain commercial functions to performance by DOD civilian employees, and (3) notification to a contractor of the intent to perform by DOD civilian employees a contract currently performed by the contractor (requiring a copy of such notification to the defense and appropriations committees).
Subtitle E: Quadrennial Roles and Missions and Related Matters - (Sec. 941) Requires the JCS Chairman to include within each National Military Strategy an assessment of: (1) the critical deficiencies and strengths in force capabilities identified during the preparation and review of contingency plans of each combatant commander, and (2) the effect of such deficiencies and strengths on meeting national security objectives, policy, and strategic plans.
(Sec. 942) Requires each quadrennial defense review to make recommendations that are not constrained to comply with and are fully independent of the budget.
Subtitle F: Other Matters - (Sec. 951) Authorizes the Secretary to temporarily assign a member of the military forces of a foreign government to a DOD organization in order to assist such member in obtaining education and training to improve understanding of and response to information security threats, vulnerabilities, and consequences. Requires the Secretary, in making such assignments, to include adequate safeguards of DOD information security. Directs the Secretary to report to Congress on expanding such program to include ministry of defense officials, security officials, or other civilian officials of foreign countries.
(Sec. 952) Directs the Secretary to submit to the defense and appropriations committees a study of the U.S. Special Operations Command sub-unified structure.
(Sec. 953) Requires the Secretary to: (1) develop and implement a plan to augment the cybersecurity strategy of DOD through the acquisition of advanced capabilities to discover and isolate penetrations and attacks that were previously unknown and for which signatures have not been developed for incorporation into computer intrusion detection and prevention systems and anti-virus software systems, and (2) report to the defense and appropriations committees on such plan.
(Sec. 954) Affirms that DOD has the capability to, and upon the President's direction may, conduct offensive operations in cyberspace, subject to: (1) the policy principles and legal regimes that DOD follows for kinetic capabilities, and (2) the War Powers Resolution.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Requires DOD to establish a specific plan, including interim objectives and milestones for each military department and the defense agencies, for meeting the September 30, 2014, deadline for audit-ready Statements of Budgetary Resources. Directs the: (1) Under Secretary to develop metrics and mitigating strategies for missed milestones and program delays, and (2) Secretary to report to Congress on any weaknesses or deficiencies in the execution of the Financial Improvement and Audit Readiness Plan as required under the NDAA for Fiscal Year 2010.
(Sec. 1003A) Requires each future-years defense program to display separately the estimated expenditures for equipment for each reserve component that will receive items in any fiscal year covered by such program.
Subtitle B: Counter-Drug Activities - (Sec. 1004) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Provides a FY2012 limitation on the use of such authority.
(Sec. 1005) Amends the NDAA for Fiscal Year 1991 to extend through FY2014 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies.
(Sec. 1006) Amends the NDAA for Fiscal Year 1998 to extend through FY2013 DOD support for counterdrug activities of certain foreign governments. Increases the maximum annual expenditure limit. Provides 13 additional countries eligible for such support.
(Sec. 1007) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2012 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1008) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2012 a reporting requirement on expenditures to support foreign counter-drug activities.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1011) Repeals a provision requiring the Secretary of the Navy to submit a long-range plan for the construction of naval vessels. Directs (instead) the Secretary to include with defense budget materials each year: (1) a plan for the construction of combatant and support vessels for the Navy, and (2) a certification that both the budget for that fiscal year and the future-years defense program relating to such budget provide for sufficient funding of the construction of such vessels. Requires the Director of the Congressional Budget Office (CBO) to report to the defense and appropriations committees assessing the sufficiency of the estimated levels of annual funding included in the plan.
(Sec. 1012) Expresses the sense of Congress that the Secretary of the Navy is encouraged to name the next available naval vessel after U.S. Marine Corps Sergeant Rafael Peralta.
(Sec. 1013) Prohibits the obligation or expenditure of funds to place a Maritime Prepositioning Ship squadron or component on reduced operating status until the later of the date on which: (1) the Commandant of the Marine Corps submits a report assessing the impact of such placing on military readiness, (2) the Chief of Naval Operations describes Navy plans for such placing, or (3) the Secretary certifies that the risks of such placing to readiness are acceptable.
(Sec. 1014) Requires a report from the Secretary to Congress on the policies and practices for naming Navy vessels.
(Sec. 1015) Authorizes the Secretary of the Navy to provide a specified amount to the Maritime Administration for the transfer to the Navy of two high-speed ferries for use as DOD sealift vessels.
(Sec. 1016) Amends the Warner Act to authorize the Secretary of the Navy to demilitarize the aircraft carrier John F. Kennedy in preparation for transfer to retired status. (Under current law, such Secretary is required to maintain the ship in a status that would allow its return to active service in the event of a national emergency.)
(Sec. 1017) Directs the: (1) Secretary of the Navy to conduct an analysis of the costs and benefits of stationing additional DDG-51 class destroyers at Naval Station Mayport, Florida; and (2) CG to submit to Congress an assessment of whether or not the analysis complies with applicable best practices.
Subtitle D: Counterterrorism - (Sec. 1021) Affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force includes the authority for U.S. Armed Forces to detain covered persons pending disposition under the law of war. Defines a "covered person" as a person who: (1) planned, authorized, committed, or aided the terrorist attacks on the United States of September 11, 2001, or harbored those responsible for such attacks; or (2) was part of or substantially supported al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners. Requires the Secretary to regularly brief Congress on the application of such authority.
(Sec. 1022) Requires U.S. Armed Forces to hold in custody pending disposition a person who was a member or part of al Qaeda or an associated force and participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. Authorizes the President to waive such requirement in the national security interest. Makes such requirement inapplicable to U.S. citizens or U.S. lawful resident aliens. Outlines implementation procedures. States that nothing in this section shall affect the existing criminal enforcement and national security authorities of the FBI or other domestic law enforcement agency with regard to such persons, whether or not they are held in military custody. Makes this section effective 60 days after the enactment of this Act.
(Sec. 1023) Directs the Secretary to submit to the defense and intelligence committees procedures for implementing the periodic Guantanamo Bay, Cuba, detainee review process required by a specified Executive Order.
(Sec. 1024) Directs the Secretary to submit to such committees: (1) procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force, and (2) any modifications to such procedures. Provides that the Secretary is not required to apply such procedures to persons for whom habeas corpus review is available in a federal court.
(Sec. 1025) Directs the Secretary to submit to the defense and appropriations committees a national security protocol governing communications to and from individuals detained at Guantanamo. Requires updates to such committees of significant changes to policies and procedures described in the protocol.
(Sec. 1026) Prohibits FY2012 funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual detained at Guantanamo for purposes of detention or imprisonment by DOD, unless authorized by Congress. Provides an exception.
(Sec. 1027) Prohibits FY2012 DOD funds from being used to transfer or release to the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo by DOD.
(Sec. 1028) Prohibits FY2012 DOD funds from being used to transfer any individual detained at Guantanamo to the custody or control of that individual's country of origin, other foreign country, or foreign entity unless the Secretary makes a specified certification to Congress, including that the transferee country or entity is not a state sponsor of terrorism or terrorist organization and has agreed to ensure that the individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits any such transfer if there is a confirmed case of an individual who was transferred to a foreign country and subsequently engaged in terrorist activity. Authorizes the waiver of such prohibition in the national security interest (with required waiver notification to the defense, appropriations, and intelligence committees).
(Sec. 1029) Requires Department of Justice (DOJ) consultation with the Secretary and the Director of National Intelligence (DNI) concerning: (1) whether the prosecution of a foreign al Qaeda terrorist or other person held in military detention outside the United States for a terrorist offense should take place in a U.S. district court or before a military commission, and (2) whether the individual should be held in civilian or military custody pending prosecution.
(Sec. 1030) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
(Sec. 1031) Directs the Secretary, beginning in 2012, to provide quarterly briefings to the defense and appropriations committees on DOD counterterrorism operations and related activities involving special operations forces.
(Sec. 1032) Directs the President to: (1) issue national security planning guidance in support of U.S. objectives to deny safe havens to al Qaeda and its violent extremist affiliates and to strengthen at-risk states, and (2) review and update such guidance as necessary.
(Sec. 1033) Extends through FY2013 DOD authority to make awards to individuals for providing assistance in combating terrorism to U.S. government personnel or government personnel of allied forces participating in a combined operation with U.S. Armed Forces. Adds additional required information to annual reports concerning such assistance.
(Sec. 1034) Makes technical corrections relating to the Military Commissions Act of 2009.
Subtitle E: Nuclear Forces - (Sec. 1041) Requires the Commander of the U.S. Strategic Command, the Director of the Strategic Systems Program of the Navy, and the Commander of the Global Strike Command of the Air Force to each: (1) biennially assess the performance and effectiveness of their respective delivery platform for nuclear weapons and nuclear command and control system, and (2) report assessment results to the Secretary and the Nuclear Weapons Council. Directs the: (1) Secretary to submit each report to the President, together with comments and conclusions; and (2) President to submit such reports to the defense and appropriations committees. Requires an initial assessment by the above officials within 30 days after the enactment of this Act.
(Sec. 1042) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees a DOD plan to implement the nuclear force reductions, limitations, and verification and transparency measures contained in the New START Treaty. Requires the CG to review such plan, and submit review results to the defense and appropriations committees.
(Sec. 1043) Directs the President to report annually from 2013 through 2019 to the defense, appropriations, and foreign relations committees on the plan for the nuclear weapons stockpile, complex, delivery systems, and command and control system.
(Sec. 1044) Expresses the sense of Congress that: (1) any reductions in U.S. nuclear forces should be supported by a thorough assessment of the strategic environment, threat, and policy, as well as the technical and operational implications of such reductions; and (2) specific criteria are necessary to guide future decisions regarding further reductions in such forces.
(Sec. 1045) Expresses the sense of Congress that the United States is committed to maintaining a safe, reliable, and credible nuclear deterrent and should: (1) undertake and support an enduring stockpile stewardship program and maintain and modernize nuclear weapons production capabilities and capacities, (2) maintain nuclear weapons laboratories and plants and preserve its intellectual infrastructure, and (3) provide necessary resources to achieve these goals. Directs the President, when determined necessary, to submit to Congress a plan to address shortfalls of necessary resources to achieve such goals, and related information.
Expresses the sense of Congress that: (1) sustained investments in the nuclear weapons stockpile and security complex are needed to ensure a safe, reliable, and credible nuclear deterrent; and (2) such investments could enable additional future reductions in the hedge stockpile. Requires a stockpile report from the Secretary to the defense and appropriations committees.
Requires, when deemed necessary, a net assessment by the Commander of the U.S. Strategic Command, the Secretary, and the Administrator of the National Nuclear Security Administration of nuclear levels needed with respect to certain proposals to reduce the U.S. nuclear weapons stockpile. Terminates the assessment requirement at the end of 2017.
(Sec. 1046) Expresses the sense of Congress that: (1) any future modification to the U.S. nuclear employment strategy should maintain or enhance nuclear deterrence, extended deterrence, and assurances for allies, and the defense of the United States; and (2) congressional oversight responsibility includes such oversight, and therefore the Chairmen and Ranking Members of the defense committees, and such staff as they designate, should have access to such strategy. Directs the President to report to Congress on such strategy.
(Sec. 1047) Directs the CG to study, and report to the defense and appropriations committees on, the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of DOD.
(Sec. 1048) Directs the Secretaries of the Navy and Air Force to report jointly to such committees on the feasibility of the joint replacement fuze program for the nuclear warheads of their respective departments.
Subtitle F: Financial Management - (Sec. 1051) Authorizes the Secretary to prescribe professional certification and credential standards for financial management (under current law, accounting) positions within DOD. Allows the Secretary to either: (1) require the standards to apply immediately to all DOD personnel holding financial management positions, or (2) delay the imposition of such standard for a reasonable period to permit persons holding such positions to comply. Requires reports from the Secretary on such standards and any significant modifications.
(Sec. 1052) Amends the NDAA for Fiscal Year 2002 to revise the date by which the Under Secretary of Defense (Comptroller) and the assistant secretary of each military department with responsibility for financial management and comptroller functions must submit their preliminary representations regarding the expected reliability of their financial statements.
(Sec. 1053) Requires the Secretary to assess and plan DOD's financial management workforce in conjunction with the DOD strategic workforce plan.
(Sec. 1054) Directs the CG to: (1) assess the extent to which DOD has tracked and realized the savings proposed pursuant to the initiative to identify at least $100 billion in efficiencies during FY2012-FY2016; and (2) during each such fiscal year, report to the defense and appropriations committees on such assessments.
Subtitle G: Repeal and Modification of Reporting Requirements - (Sec. 1061) Repeals various DOD reports under armed forces and pay and allowance provisions and defense authorization Acts. Reduces and/or revises DOD report requirements under armed forces and pay and allowance provisions, defense authorization Acts, the Small Business Act, and the Implementing Recommendations of the 9/11 Commission Act of 2007.
Subtitle H: Studies and Reports - (Sec. 1068) Directs the Secretary to transmit reports required by law in electronic format to the maximum extent practicable.
(Sec. 1069) Revises provisions requiring the Secretary to provide an annual aviation report covering the subsequent 30-year period. Directs the Secretary to include in such report: (1) additional information on cost estimates; (2) Army aviation reports; (3) an inventory of all DOD aircraft; and (4) remotely-piloted vehicles, rotary-wing aircraft, and operational support and executive airlift programs.
(Sec. 1070) Revises the due date for an annual DOD report on National Guard and reserve equipment.
(Sec. 1071) Amends the NDAA for Fiscal Year 2010 to include the foreign relations committees as recipients of a report by the DNI on the nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.
(Sec. 1072) Directs the President to submit to Congress: (1) an implementation plan for achieving the whole-of-government integration vision prescribed in the President's National Security Strategy of May 2010, and (2) an annual update of such plan.
(Sec. 1073) Requires the: (1) Secretary of Commerce to report to Congress the results of a review of current restrictions on the resolution of electro-optical imagery collected from satellites that commercial companies may sell or disseminate; and (2) DNI and Under Secretary of Defense for Intelligence to report jointly to the defense, appropriations, and intelligence committees assessing the benefits and risks of relaxing such restrictions, with recommendations for protecting national security-related information in the event of such a relaxation.
(Sec. 1074) Directs the Secretary to report to Congress on the integration of unmanned aircraft systems into the national airspace system.
(Sec. 1075) Requires the Secretary of the Air Force to report to the defense and appropriations committees on the feasibility of using unmanned aerial systems to perform airborne flight inspection of electronic signals-in-space from ground-based navigational aids that support aircraft in foreign airspace during U.S. military operations.
(Sec. 1076) Directs the CG to: (1) review DOD programs and organizations related to medical research and development in support of improved casualty care in the field, and (2) report review results to the defense and appropriations committees.
(Sec. 1077) Requires the President to report to Congress on any proposed modification of force structure for U.S. strategic nuclear weapons delivery systems.
(Sec. 1078) Directs the CG, during 2013 through 2018, to submit to specified congressional committees an assessment of the performance of the major automated information system programs of DOD. Requires a preliminary report, together with briefings, on the metrics to be used to perform such assessment.
(Sec. 1079) Requires the Secretary to report to the defense and appropriations committees on DOD analytical capabilities regarding threats from foreign ballistic missiles of all ranges.
(Sec. 1080) Directs the Secretary to report to Congress on the approved Air Sea Battle Concept, and a plan for Concept implementation.
(Sec. 1080A) Requires the: (1) Secretary to submit to the defense and appropriations committees an analysis of the costs of a sample of deployable units of active components of the Armed Forces and the costs of a sample of similar deployable units of the reserve components, and (2) CG to submit to such committees an evaluation of such analysis.
Subtitle I: Miscellaneous Authorities and Limitations - (Sec. 1081) Authorizes the Secretary to carry out a program to assign DOD civilian employees as advisors to the ministries of defense of foreign countries. Terminates such authority at the end of FY2014. Requires: (1) annual reports during such period from the Secretary to the defense and foreign relations committees on program activities, and (2) a one-time report from the CG assessing the effectiveness of advisory services provided under the program.
(Sec. 1082) Authorizes the Secretary to exempt from disclosure under the Freedom Act files of the military flight operations quality assurance systems of the military departments. Requires each exemption determination to be made available to the public, upon request.
(Sec. 1083) Requires the Secretary to report to the defense and appropriations committees concerning a review of the capabilities of DOD elements responsible for conducting light attack and armed reconnaissance missions or fulfilling requests of partner nations for training in the conduct of such missions. Prohibits any FY2012 funds from being obligated or expended for the procuring or fielding of light attack armed reconnaissance aircraft until 30 days after such report is submitted.
(Sec. 1084) Prohibits this Act's funds from being used for manufacturing beyond low-rate initial production at four specified prototype integration facilities. Authorizes a waiver for national security purposes or when necessary to rapidly acquire equipment to respond to combat emergencies.
(Sec. 1085) Earmarks National Guard State Partnership Program funds for the payment of Program participation travel costs of foreign civilian and non-defense agency personnel.
Subtitle J: Other Matters - (Sec. 1086) Redesignates military psychological operations as military information support operations.
(Sec. 1087) Amends the David L. Boren National Security Education Act of 1991 to terminate the requirement that civilian members of the National Security Education Board be appointed by and with the advice and consent of the Senate.
(Sec. 1088) Expresses the sense of Congress that the moratorium on congressionally-directed spending items in the Senate and on congressional earmarks in the House of Representatives be fully enforced in this Act.
(Sec. 1090) Directs the Secretary and the Secretary of Homeland Security to provide personnel, equipment, and facilities to increase interdepartmental collaboration with respect to strategic planning for U.S. cybersecurity, mutual support for cybersecurity capabilities development, and synchronization of current operational cybersecurity mission activities.
(Sec. 1091) Authorizes the Secretary to exempt from disclosure under the Freedom of Information Act DOD critical infrastructure security information if the Secretary determines that the public interest consideration does not outweigh preventing the disclosure. Requires each exemption determination to be made available to the public, upon request.
(Sec. 1092) Includes stockpiled conventional munitions assistance as authorized assistance and training under humanitarian demining assistance.
(Sec. 1093) Directs the Secretary of the Navy to ensure that the Navy maintains a minimum of 10 carrier wings and, for each wing, a dedicated and fully-staffed headquarters.
(Sec. 1094) Requires the Secretary, for FY2013 and thereafter, to submit to the President a budget justification display that covers all programs and activities associated with procurement of organizational clothing and individual equipment.
(Sec. 1095) Expresses the sense of Congress that the sustainment of the solid rocket motor and liquid rocket engine industrial base is a national challenge that spans multiple federal departments and agencies and requires the attention of the President. Directs the President to: (1) submit to Congress a national rocket propulsion strategy containing specified elements; and (2) submit, with FY2013 budget justification materials, a long-term plan for maintaining a minimal capacity to produce intercontinental ballistic missile solid rocket motors.
Sec. 1096) Makes a corrective amendment to the American Recovery and Reinvestment Tax Act of 2009.
(Sec. 1097) Requires the FAA Administrator to establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges. Requires a program report from the Administrator to Congress. Requires any test range project under such program to be operational within 180 days after its establishment. Terminates the integration program five years after the enactment of this Act.
(Sec. 1098) Amends the NDAA for Fiscal Year 2010 to change the frequency of CG reports following reviews of the DOD-VA medical facility demonstration project.
Title XI: Civilian Personnel Matters - Subtitle A: Personnel - (Sec. 1101) Makes technical amendments to DOD performance management, hiring, and training authorities. Removes references to the Department of Defense National Security Personnel System, which was repealed by the NDAA for Fiscal Year 2010.
(Sec. 1102) Directs the Secretary, within one year after implementation of the replacement DOD performance management and workforce incentive system, to: (1) conduct assessments or surveys of employee perceptions of the system, and (2) report assessment or survey results to Congress and the CG. Requires the CG to review any such assessments or surveys and report review results to Congress. Directs the Secretary to report at least semiannually on the design and implementation of the new system. Repeals superseded provisions.
(Sec. 1103) Amends the Hunter Act to: (1) make permanent direct hiring authority at DOD demonstration laboratories, and (2) extend through 2012 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1105) Waives certain pay limitations for individuals hired by DOD as highly qualified experts and serving with the Armed Forces in a contingency operation (thus conforming their pay and allowances to that of other federal employees serving in such circumstances).
(Sec. 1106) Requires each federal agency head to provide for the assignment of a post-combat case coordinator for each employee of such agency who suffers an injury or disability incurred or an illness contracted as a result of a war-risk hazard or capture, detention, or other restraint by a hostile force or individual. Requires the Office of Personnel Management (OPM) to prescribe guidelines for coordinator responsibilities. Requires coordinator services to continue until: (1) the employee accepts or declines an offer of employment at the employee's agency at a level not lower than two pay grades below the employee's grade before the injury, disability, or illness; or (2) the employee gives written notice that such services are no longer desired or necessary.
(Sec. 1107) Provides that, in the case of conversion of an agency function from performance by contractor to performance by an agency employee, the head of that agency may waive any maximum age limit for such employee if necessary to promote the recruitment or appointment of experienced personnel.
(Sec. 1108) Expresses the sense of Congress that the Secretary and the OPM Director should develop procedures for determining locality pay for employees of DOD in circumstances that may be unique to such employees, such as assignment to remote military installations, due to the difference between the cost of living at the post of assignment and the locality where such employee generally resides.
(Sec. 1109) Requires the head of each federal agency operating an internship program to appoint an internship coordinator within the agency. Directs OPM to make publicly available on the Internet: (1) the coordinator's name and contact information and information regarding application procedures and deadlines for the program, and (2) links to the websites where such information is displayed.
(Sec. 1110) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to: (1) extend through FY2016 a temporary experimental personnel management program for technical positions at the Defense Advanced Research Projects Agency (DARPA), and (2) grant up to ten additional scientific and engineering positions in the Office of the Director of Operational Test and Evaluation.
(Sec. 1111) Allows each Secretary concerned (under current law, only the Secretary of Defense) to employ without pay up to ten individuals possessing outstanding experience and ability.
(Sec. 1112) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2013 DOD authority to grant allowances, benefits, and gratuities to federal employees performing official duty in a combat zone.
Subtitle B: Other Matters - (Sec. 1121) Allows a federal employee to designate any person to receive all (under current law, up to 50%) or any portion of their death gratuity in the event that such employee dies in connection with service with the Armed Forces in a contingency operation. Requires the appropriate agency head to notify the spouse in the event the employee does not choose the spouse as the beneficiary of a full death gratuity.
(Sec. 1122) Authorizes the Secretary to waive repayment of voluntary separation incentive pay in the case of employees who accepted a reassignment with DOD during the period beginning on April 1, 2004, and ending on May 1, 2008, and had received assurance that such repayment would not be required or would be waived. Terminates the waiver authority at the end of 2012.
(Sec. 1123) Extends through 2016 DOD authority to provide for the temporary continuation of health insurance coverage for employees separated due to a reduction in force.
(Sec. 1124) Directs the Secretary to list on the DOD public website the names of senior mentors serving in DOD, and to update the list at least quarterly.
(Sec. 1125) Terminates the DOD Joint Safety Climate Assessment System on the later of October 1, 2011, or the date of enactment of this Act.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Authorizes the Secretary to use specified DOD O&M funds in FY2012 for the Commanders' Emergency Response Program (humanitarian aid and assistance) in Afghanistan. Requires: (1) quarterly reports and briefings from the Secretary to the defense and appropriations committees on the source and allocation of such funds, and (2) the Secretary to submit to such committees a copy of the guidance issued to the Armed Forces concerning the allocation of such funds. Authorizes the Secretary, in exercising Program authority, to waive any law that would prohibit, restrict, or otherwise constrain the use of such authority. Requires the Secretary to notify such committees at least 15 days before obligating or expending funds for the Program.
(Sec. 1202) Amends the Warner Act to: (1) remove Iraq as a participant in DOD authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability, and (2) extend such temporary authority through FY2014.
(Sec. 1203) Amends the Reagan Act to increase and extend through FY2015 authorized DOD support of special operations to combat terrorism. Directs the Secretary to brief and report to the defense committees on future requirements for such authority.
(Sec. 1204) Amends the NDAA for Fiscal Year 2006 to extend through FY2013 a DOD program to build the capacity of certain foreign military forces. Requires a report from the Secretary to Congress on program implementation.
(Sec. 1205) Extends through FY2013 DOD's nonconventional assisted recovery program for certain DOD, federal government, and other designated personnel supporting U.S. national interests in isolated areas. Requires a quarterly report from the Secretary to the defense and appropriations committees on support for program activities.
(Sec. 1206) Authorizes the Secretary, during FY2012-FY2013, to provide logistic support, supplies, and services for foreign forces, including the national military forces of Uganda, participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army. Allows the participation of U.S. personnel only for self-defense or rescuing U.S. citizens. Provides funding from DOD O&M funds. Requires the Secretary to notify the defense, appropriations, and foreign relations committees at least 15 days prior to the provision of such support.
(Sec. 1207) Establishes in the Treasury the Global Security Contingency Fund to allow either the Secretary of Defense or State to provide assistance: (1) to enhance the capabilities of a foreign country's national military forces and other forces that conduct border and maritime security, internal defense, counterterrorism, or peace support operations consistent with U.S. foreign policy and national security interests; and (2) for the justice sector (including law enforcement and prisons) of such countries. Authorizes transfers to such Fund from other foreign assistance and related funds. Provides a $200 million annual limit on the amount of DOD funds transferred to the Fund. Requires: (1) the Secretary of State to notify the defense, foreign relations, and appropriations committees 15 days in advance of the provision of such assistance, and (2) annual reports from such Secretaries on the use of such funds. Terminates such authority at the end of FY2015.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Iraq and Afghanistan. Increases the amount of such funding.
(Sec. 1212) Amends the NDAA for Fiscal Year 2010 to extend through 2012 DOD authority to transfer defense articles, and provide defense services in connection with such transfer, to the military and security forces of Iraq and Afghanistan. Extends required quarterly reports.
(Sec. 1213) Amends the NDAA for Fiscal Year 2008 to: (1) extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations, (2) increase the authorized amount for such reimbursements, and (3) extend through FY2013 required congressional notification of reimbursement to Pakistan for military support.
(Sec. 1214) Prohibits this Act's funds from being used to establish any military installation or base for providing for the permanent stationing of U.S. forces in Iraq or Afghanistan.
(Sec. 1215) Authorizes the Secretary to provide support for operations and activities of the Office of Security Cooperation in Iraq and for security assistance teams in Iraq. Limits FY2012 funding for such support. Provides such funding through DOD O&M funds. Requires a report from the Secretary to the defense, appropriations, and foreign relations committees on the activities of such Office.
(Sec. 1216) Amends the Skelton Act to extend through 2012 DOD authority to use funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1217) Amends the Skelton Act to extend through FY2012 the Afghanistan Infrastructure Fund. Limits the obligation of such funds until the Secretary submits to Congress a plan for the allocation and use of such funds in FY2012. Prohibits the obligation or expenditure of more than 85% of the Fund's FY2012 funding until the Secretary submits to Congress a plan for the allocation and use of such funds.
(Sec. 1218) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 reports concerning: (1) progress toward security and stability in Afghanistan, and (2) a long-term plan for sustaining the Afghanistan National Security Forces.
(Sec. 1219) Prohibits more than 50% of the FY2012 funds for reintegration activities in Afghanistan from being used to provide assistance to the government of Afghanistan until the Secretary determines and certifies to Congress that women in Afghanistan are an integral part of the reconciliation process between the Afghan government and the Taliban.
(Sec. 1220) Amends the NDAA for Fiscal Year 2010 to extend through FY2012 DOD authority to use the Pakistan Counterinsurgency Fund to assist Pakistan security forces to build and maintain such country's counterinsurgency capability. Limits to 40% the obligation of such funds in FY2012 until the Secretary reports to Congress on Fund strategy and metrics. Requires such report to be updated for any year in which funding is requested for such Fund.
(Sec. 1221) Directs the President to: (1) establish and update, and submit to Congress, options to accelerate the expansion of the capacity of the Afghan National Security Forces, with specified goals; (2) establish and occasionally update a set of benchmarks to evaluate progress toward meeting such goals; and (3) include the most current set of benchmarks in reports to Congress concerning progress toward security and stability in Afghanistan as required under the NDAA for Fiscal Year 2008.
Subtitle C: Reports and Other Matters - (Sec. 1231) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees an assessment of the effectiveness of Coalition Support Fund reimbursements to Pakistan for operations conducted in support of Operation Enduring Freedom.
(Sec. 1232) Requires the CG to: (1) conduct an independent review of Iran's and China's conventional and anti-access capabilities, and (2) submit such review to the defense and appropriations committees.
(Sec. 1233) Directs the Secretary to report to the defense and foreign relations committees on DOD efforts, including within NATO, to address the energy security of the NATO alliance.
(Sec. 1234) Directs the CG to report to the defense committees on the National Guard State Partnership program.
(Sec. 1235) States U.S. policy with respect to reducing and mitigating the threat posed by man-portable air-defense systems (systems) that were in Libya as of March 19, 2011. Requires the DNI, within 45 days after the enactment of this Act, to submit to the defense, foreign relations, and intelligence committees an intelligence community assessment that accounts for the disposition of, and the threat posed by, such systems. Directs the President to: (1) develop and implement, and periodically update, a comprehensive strategy to reduce and mitigate such threat posed to U.S. citizens and U.S. allies; and (2) submit such strategy to such committees.
(Sec. 1236) Directs the Secretary to report to the defense and foreign relations committees on the current and future military power of the Democratic People's Republic of Korea.
(Sec. 1237) Expresses the sense of Congress: (1) that any arms control negotiations with Russia should be aimed at the reduction of Russian deployed and non-deployed non-strategic nuclear weapons and the increased transparency of such weapons, and (2) in favor of an extended U.S. deterrence in Europe.
(Sec. 1238) Amends the NDAA for Fiscal Year 2000 to require additional information in an annual DOD analysis of the military and security developments involving China.
(Sec. 1239) Requires the Secretary to report to the defense, appropriations, and foreign relations committees on the desirability and feasibility of expanding to additional countries participation in the Euro-NATO Joint Jet Pilot Training program.
(Sec. 1240) Directs the Secretary to report to Congress on the nuclear forces of the Russian Federation as it relates to the New START Treaty.
(Sec. 1241) Requires the Under Secretary of Defense for Policy to report to the defense committees on progress of the African Union in operationalizing the African Standby Force.
(Sec. 1242) Requires the President to develop and submit to the defense, appropriations, and foreign relations committees a plan for the normalization of U.S. defense cooperation with the Republic of Georgia, including the sale of defensive arms.
(Sec. 1243) Amends the NDAA for Fiscal Year 2006 to authorize the Secretary to waive the prohibition on the procurement of goods or services from Communist Chinese military companies if: (1) the waiver is necessary for national security purposes, and (2) the Secretary notifies the defense and appropriations committees at least 15 days in advance of such waiver.
(Sec. 1244) Prohibits any classified U.S. ballistic missile defense information from being made available to Russia unless, 60 days prior to such release, the President notifies the defense and foreign relations committees.
(Sec. 1245) Designates the financial sector of Iran, including the Central Bank of Iran (CBI), as of primary money laundering concern for purposes of the implementation of U.S. international counter-money laundering procedures. Directs the President to block and prohibit all transactions in property and interests of Iranian financial institutions if such property and interests are in the United States, come within the United States, or come within the possession or control of a U.S. person. Requires the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining in the United States of an account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the CBI or another Iranian financial institution designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Authorizes the President to impose other sanctions pursuant to such Act. Provides sanction exceptions with respect to the sale of food, medicine, and medical devices. Provides for the applicability of sanctions with respect to other foreign central banks, and with respect to petroleum transactions. Provides sanction exceptions. Authorizes the President to waive such sanctions for up to two 120-day periods for national security purposes, with a required justification to Congress for each waiver. Directs the President to carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran to take certain actions to hamper Iran's ability to use such proceeds for the purchase of certain military or dual-use technology. Requires semiannual reports from the President to Congress on the initiative. Authorizes the President to implement and enforce penalties associated with the authority provided under this section.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Places an 80% limit on the obligation of FY2012 funds for the cooperative biological engagement program (part of the CTR programs) until the Secretary submits to Congress a detailed analysis of the effect of such program and either: (1) written certification of its positive effects on threat reduction; or (2) a detailed list of recommendations to modify, expand, or curtail the program in order to achieve desired objectives.
(Sec. 1304) Prohibits more than $500,000 of the FY2012 CTR funds from being obligated or expended to establish a center of excellence in any country not a state of the former Soviet Union until 15 days after the Secretary notifies the defense and appropriations committees.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2012 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2012, to obligate up to $50,107,320 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase and extend through 2016 DOD authority to sell NDS materials.
Subtitle C: Other Matters - (Sec. 1421) Authorizes appropriations for FY2012 for the Armed Forces Retirement Home.
(Sec. 1422) Earmarks specified funds for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2012 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2012. Requires a monthly Fund obligation and expenditure report during FY2012 from the Secretary to the defense and appropriations committees.
(Sec. 1532) Applies to funds authorized under this title provisions of the Hunter Act prohibiting the use of DOD funds for the acquisition, development, or improvement of facilities in Iraq for use by the Iraqi government, its political subdivisions, or its armed forces.
(Sec. 1533) Requires funds authorized for the Afghanistan Security Forces Fund in FY2012 to be subject to Fund use and other conditions enumerated under the NDAA for Fiscal Year 2008. Allows assistance provided to include literacy instruction and training to build the capacity of military and civilian personnel of Afghanistan's Ministry of Defense and Ministry of Interior. Directs the Secretary to report to the defense and appropriations committees as to whether DOD has sufficient management and oversight mechanisms in place with respect to FY2012 contracts using amounts from such Fund.
(Sec. 1534) Amends the Skelton Act to extend into 2012 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Requires Task Force activities to focus on improving the commercial viability of other reconstruction or development activities conducted by the United States in Afghanistan. Provides a FY2012 funding limitation.
(Sec. 1535) Prohibits the use of funds for DOD's Trans Regional Web Initiative until the Secretary makes certain certifications to the defense committees.
(Sec. 1536) Directs the Secretary to: (1) direct a FFRDC to conduct an assessment on lessons learned from the use of interagency teams for counterterrorism operations in Afghanistan and Iraq, and (2) submit assessment results and comments to the defense and appropriations committees.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2012 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2014, or the date of enactment of an Act authorizing funds for military construction for FY2015, whichever is later, with an exception.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2105) Revises construction authority under certain prior-year military construction projects.
(Sec. 2108) Authorizes the Secretary of the Army to carry out a military construction project at Fort Irwin, California.
(Sec. 2109) Extends certain prior-year military construction projects.
(Sec. 2111) Prohibits funds from being obligated or expended for additional tour normalization until: (1) the Director of Cost Assessment and Program Evaluation conducts an analysis of alternatives, (2) the Secretary submits to the defense and appropriations committees a master plan for completing all phases of tour normalization, and (3) legislation enacted after the enactment of this Act authorizes the obligation of funds for such purpose.
(Sec. 2113) Reduces by $100 million prior-year Army military construction funds.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Extends certain prior-year military construction projects.
(Sec. 2207) Prohibits the use of funds authorized under this title, or provided by Japan, to implement the realignment of U.S. Marine Corps forces from Okinawa to Guam until: (1) the Commandant of the Marine Corps provides to the defense and appropriations committees the preferred force lay-down for the U.S. Pacific Command area of responsibility; (2) the Secretary submits to the defense and appropriations committees a master plan for the construction of facilities and infrastructure to execute the preferred force lay-down on Guam; (3) the Secretary certifies to such committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma; and (4) a plan is provided to such committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure on Guam affected by the realignment. Directs the Secretary to either: (1) submit to such committees the report on the assessment of the U.S. force posture in East Asia and the Pacific region required under section 346 of this Act, or (2) certify to such committees that the deadline established for submission of such report has not been met. Requires the Secretary to obtain a specific authorization for the use of non-DOD appropriated funds during FY2012 for the construction or acquisition of public infrastructure on Guam. Provides an exception with respect to the use of such funds to carry out additional analysis under the National Environmental Policy Act of 1969.
(Sec. 2208) Reduces by $25 million prior-year Navy military construction funds.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Revises a certain prior-year military construction project.
(Sec. 2306) Extends a certain prior-year military construction project.
(Sec. 2307) Reduces by $32 million prior-year Air Force military construction funds.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of DOD.
(Sec. 2403) Prohibits the Secretary from entering into an award for replacement of the Wetzel-Smith Elementary School project at Baumholder, Germany, until the Secretary completes an assessment of U.S. military force structure in the European theater and certifies to the defense and appropriations committees that Baumholder is an enduring location.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2011 for military construction and land acquisition for chemical demilitarization.
Subtitle C: Other Matters - (Sec. 2421) Reduces by $131.4 million prior-year DOD military construction funds.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2011 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2011 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters - (Sec. 2611) Extends certain prior-year National Guard and reserve military construction projects.
(Sec. 2613) Revises certain prior-year military construction projects.
Title XXVII: Base Realignment and Closure Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2011 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
(Sec. 2703) Requires the Secretary to: (1) complete as expeditiously as possible all closures and realignments recommended by the Defense Base Closure and Realignment Commission; and (2) complete the closure of the Umatilla Chemical Depot, Oregon, without regard to any required condition and within one year after completion of the chemical demilitarization mission.
(Sec. 2704) Directs the Secretary concerned to include a transportation infrastructure assessment as part of any closure or realignment determined to possibly have a significant transportation impact.
Title XVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any contract entered into by the United States in connection with a military construction or military family housing project from using any form of cost-plus contracting. Makes such prohibition applicable notwithstanding a declaration of war or a national emergency.
(Sec. 2802) Makes $750,000 the single threshold for all DOD unspecified minor military construction contracts. (Currently, there is a threshold exception.) Extends through FY2016 a DOD laboratory revitalization program.
(Sec. 2803) Increases from $100,000 to $150,000 the performance and payment threshold requirements under contracts for military construction and family housing projects.
(Sec. 2804) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2012 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2805) Authorizes the Secretary or the Secretary concerned, in the national interest, to transfer up to $400 million of FY2012 military construction funds between any such authorizations for that military department or defense agency. Requires prompt notification to the defense and appropriations committees of each transfer.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary to use Pentagon Reservation Maintenance Revolving Fund amounts to support construction or alteration activities at the Pentagon within the unspecified minor construction project limits.
(Sec. 2812) Removes the authority of the Secretary concerned to grant an easement, for any purpose that such Secretary considers advisable, for a right-of-way over land withdrawn or reserved for that military department.
(Sec. 2813) Authorizes the use of the DOD readiness and environmental protection initiative authority to protect areas near military installations from encroachment that is incompatible with the mission of the installation. Allows for lump-sum payments by the United States for property acquired under such authority.
(Sec. 2814) Includes sustainability of military operations as an authorized purpose of wildlife studies conducted under DOD conservation and cultural activities. Allows, under such activities, the implementation of ecosystem-wide land management plans. Makes permanent (under current law ends at the end of FY2013) DOD authority to exchange property at or near military installations in order to limit encroachments.
(Sec. 2815) Authorizes the exchange (under current law, the conveyance) of property at or near military installations for land acquisition purposes. Makes such authority permanent (under current law, ends at the end of FY2013).
(Sec. 2816) Directs the Secretary, when using defense access roads funds, to determine the magnitude of improvements required as the result of an increased defense mission in an area without regard to the extent to which traffic generated by the installation is greater than other traffic in the area. Requires the Secretary to: (1) convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program; and (2) report Committee deliberation results to Congress, along with an implementation plan for the mitigation of significant transportation impacts in areas with an increased defense mission. Requires DOD amounts requested for the defense access roads program to be set forth each year as a separate budget request.
Subtitle C: Energy Security - (Sec. 2821) Consolidates under federal armed forces law definitions used under DOD energy security matters.
(Sec. 2822) Directs the Secretary to: (1) establish a policy under which a military installation shall give favorable consideration for energy security in the design and development of energy projects on a military installation that will use renewable energy sources, (2) notify Congress within 30 days after entering into any agreement for such a project that excludes the pursuit of energy security on cost-prohibitive grounds, and (3) provide a cost-benefit analysis of such a decision. Requires the development of a DOD geothermal energy project to include the consideration of energy security in its design and development. Requires energy security incorporation to be included in DOD energy project reports.
(Sec. 2823) Directs the Secretary, as part of the DOD 2025 renewable energy goal, to establish an interim goal for FY2018 for the production or procurement of facility energy from renewable energy sources. Requires the Secretary to notify the defense and appropriations committees of such new goal within 180 days after the enactment of this Act.
(Sec. 2824) Directs the Secretary to establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources. Requires the Secretary concerned, under such policy, to submit requests for the purchase of such certificates to a centralized purchasing authority maintained by such department or the Defense Logistics Agency. Requires renewable energy certificates to be listed within reporting requirements on DOD energy projects.
(Sec. 2825) Requires the Secretary to prescribe a definition of "energy-efficient product" for use in connection with the construction, repair, or renovation of DOD facilities, and to modify such definition as needed to account for emerging or changing technologies.
(Sec. 2826) Requires the Secretary to submit the annual installation energy management report within 120 days after the end of each fiscal year.
(Sec. 2827) Directs the Secretary to require that information generated by installation energy meters be captured and tracked to determine baseline energy consumption.
(Sec. 2828) Directs the Secretary of the Navy to meter Navy piers so that energy consumption of naval vessels in port can be accurately measured and captured and steps can be taken to improve their energy use. Requires information on such energy consumption to be included in annual DOD energy management progress reports.
(Sec. 2829) Requires the Secretary to: (1) establish a training policy for DOD energy managers designated for military installations, (2) issue such policy within 180 days after the enactment of this Act, and (3) brief the defense committees on the policy.
(Sec. 2830) Requires the Secretary to report to the defense and appropriations committees on DOD energy-efficiency standards utilized for military construction and repair. Prohibits the use of FY2012 DOD funds for achieving any LEED (Leadership in Energy and Environmental Design) gold or platinum certification, with an authorized waiver by the Secretary. Allows LEED gold and platinum certification, without such a waiver, if its achievement imposes no additional costs to DOD.
Subtitle D: Provisions Related to Guam Realignment - (Sec. 2841) Prohibits the Secretary of the Navy from awarding any additional Navy or Marine Corps construction project or associated task order on Guam in connection with the realignment of military installations and the relocation of military personnel on Guam (Guam realignment) if the aggregate number of H-2B workers (as defined under the Immigration and Nationality Act) exceeds 2,000 until such Secretary certifies to the defense and appropriations committees that a system of health care for such workers is available.
(Sec. 2842) Amends the MCAA for Fiscal Year 2011 to repeal a required condition prior to the DOD conveyance to the Guam Waterworks Authority of water and wastewater treatment utility systems on Guam.
Subtitle E: Land Conveyances - (Sec. 2851) Authorizes the Secretary of the Air Force to convey to: (1) the city of Anchorage, Alaska, specified real property at the Joint Base Elmendorf Richardson, Alaska (Joint Base), for solid waste management, alternative energy production, and related activities; and (2) the Eklutna Alaska Native village corporation specified real property in Anchorage, for any use compatible with Joint Base purposes.
(Sec. 2852) Amends the MCAA for 2010 to: (1) make a transferee correction with respect to a land conveyance at Camp Joseph T. Robinson, Arkansas; and (2) revise the Secretary of the Navy's authority with respect to a land conveyance at Camp Caitlin and the Ohana Nui areas, Hawaii.
(Sec. 2854) Authorizes the Secretary of the Army to convey to the Texas General Land Office specified real property at Fort Bliss, Texas, for facilitating commercial development.
(Sec. 2855) Authorizes the Secretaries of the Army and of Health and Human Services (HHS) to convey all residual rights and interest to specified real property at the former Defense Depot, Ogden, Utah, in order to permit the Ogden City Redevelopment Authority to prevent the further deterioration of the building on such property and to redevelop the property.
Subtitle F: Other Matters - (Sec. 2861) Redesignates the Industrial College of the Armed Forces as the "Dwight D. Eisenhower School for National Security and Resource Strategy."
(Sec. 2862) Amends the MCAA for Fiscal Year 1997 to redesignate the Mike O'Callaghan Federal Hospital (Nevada) as the "Mike O'Callaghan Federal Medical Center."
(Sec. 2863) Prohibits any real property under the jurisdiction of the Secretary or the Secretary concerned from being named after any individual who is a Member of Congress at time of the naming.
(Sec. 2864) Requires the Secretary or the Secretary concerned to notify the defense committees prior to implementing any reduction of more than 1,000 in the number of military personnel assigned at an installation. Provides exceptions: (1) for reductions pursuant to a base closure law, and (2) when the President certifies to Congress that the reduction must be implemented for reasons of national security or military emergency.
(Sec. 2865) Directs the Secretary of the Navy to submit to the defense and appropriations committees a plan to address the facilities and infrastructure requirements at each Navy public shipyard.
(Sec. 2866) Requires a report from the Secretary to Congress on the homeowners assistance program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 2867) Prohibits a DOD department, agency, or component, during the period beginning on the date of enactment of this Act and ending on May 1, 2012, from obligating funds for a data server farm or data center unless approved by the DOD Chief Information Officer (CIO) or the appropriate department, agency, or component chief information officer designated by the CIO. Requires, after May 1, 2012, any obligation of funds for such purpose to be in conformance with a performance plan for the reduction of resources required for data servers and centers, as submitted by the Secretaries of the military departments and the heads of the defense agencies. Requires the CIO, after such submission, to submit to the defense and appropriations committees a DOD-wide performance plan. Provides an exception to the requirements of this section with respect to such DOD intelligence components that are funded through the National Intelligence Program as the CIO considers appropriate. Directs the CIO, annually through 2016, to report to the defense, appropriations, and intelligence committees on cost savings, reductions, avoidances, and performance gains achieved as a result of activities taken under this section.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2012 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Prohibits more than 25% of DOE nuclear security funds from being obligated or expended to establish a center of excellence in a country not a state of the former Soviet Union until the Secretary of Energy (Secretary, for purposes of this title) reports to the defense and foreign relations committees identifying the country involved and describing the center's purpose.
(Sec. 3112) Allows the Secretary to procure no more than one aircraft using DOE weapons activities funds for any fiscal year before FY2013.
(Sec. 3113) Amends the Atomic Energy Defense Act to: (1) require the head of the Office of River Protection at the Hanford Reservation at Richland, Washington, to include the Hanford Tank Farm Operations and the Waste Treatment Plant within management responsibilities; (2) require the Assistant Secretary of Energy for Environmental Management to notify the defense committees of any changes in roles, responsibilities, and reporting relationships that involve the Office; and (3) terminate the Office at the end of FY2019 (with an authorized extension if the Assistant Secretary determines that termination would disrupt effective management of the Hanford Tank Farm operations).
(Sec. 3114) Amends the NDAA for Fiscal Years 1992 and 1993 to recognize the museum operated by the Nevada Test Site Historical Foundation in Las Vegas, Nevada, as the official atomic testing museum of the United States.
Subtitle C: Reports - (Sec. 3121) Repeals an obsolete reporting requirement under the NDAA for Fiscal Year 2002. Amends the Atomic Energy Defense Act to prohibit funds appropriated for the Initiatives for Proliferation Prevention program from being used to pay any tax or customs duty levied by the government of the Russian Federation. Requires the Secretary, if such a payment is unavoidable, to ensure that sufficient additional funds are provided to the program to offset the payment amount.
(Sec. 3122) Expresses the sense of Congress that: (1) the spread of nuclear and radiological weapons poses a short- and long-term threat to U.S. national security, and (2) U.S. nonproliferation efforts should prioritize the programs that most directly address such threat. Requires an annual report through 2016 from the Secretary to the defense, appropriations, and foreign relations committees on: (1) the strategic plans of DOE and the NNSA to prevent the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons; and (2) an assessment of the risk that non-nuclear weapons states may acquire nuclear enrichment or reprocessing technology, as well as a list reflecting the total amount of known highly-enriched uranium worldwide.
(Sec. 3123) Directs the Administrator to report to the defense and appropriations committees assessing the role of the nuclear security complex in supporting a safe, secure, and reliable nuclear deterrent, nuclear weapons reductions, nuclear nonproliferation, and opportunities for efficiencies and cost savings. Requires the CG to submit to such committees an assessment of the Administrator's report.
(Sec. 3124) Directs the DNI to: (1) conduct a net assessment of the high-performance computing capability of foreign countries, and (2) report assessment results to Congress.
(Sec. 3125) Requires the Secretary to: (1) conduct a study on waste reprocessing and Generation IV nuclear reactor technology; and (2) submit study results to the defense, energy, and foreign relations committees.
Subtitle D: Other Matters - (Sec. 3131) Expresses the sense of Congress that: (1) employee pension plans of the NNSA and DOE's Office of Environmental Management (Office) should be fully funded to ensure that pension commitments made to highly skilled scientists, engineers, and other employees of the nuclear enterprise are kept; and (2) if amounts appropriated for contributions to those pension plans exceed amounts required, then the Administrator and the Assistant Secretary of Energy for Environmental Management should promptly obligate or expend the excess amounts on high-priority mission activities of the NNSA and the Office.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2012 for the Defense Nuclear Facilities Safety Board (Board).
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2012 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2012 for the Maritime Administration (MA) for specified activities, including: (1) operations, (2) maintaining a U.S.-flag merchant fleet, (3) the disposal of obsolete vessels in the National Defense Reserve Fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to use National Defense Reserve Fleet and Ready Reserve Force vessels for civil contingency operations and MA promotional and media events, when in the best interests of the government.
(Sec. 3503) Allows the Secretary to use Merchant Marine Academy funds for Academy recruiting activities.
(Sec. 3504) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 to require the Maritime Administrator, upon request, to provide briefings to specified congressional committees on progress made in recycling MA vessels and problems and issues relating to vessel recycling and disposal.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) military personnel, including for overseas contingency operations; (5) other authorizations, including those for overseas contingency operations; (6) military construction; and (7) DOE national security programs.
Division E: SBIR and STTR Reauthorization - SBIR/STTR Reauthorization Act of 2011 - Title LI: SBIR and STTR Reauthorization - Subtitle A: Reauthorization of the SBIR and STTR Programs - (Sec. 5101) Amends the Small Business Act to reauthorize through FY2017 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
(Sec. 5102) Increases by 0.1% per year through FY2016, and by 0.2% per year and thereafter, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities. Increases the set-aside allocation under the STTR from 0.3% to 0.45% by increasing such percentage by 0.050% every two years from FY2012-FY2016.
(Sec. 5103) Increases, for both the SBIR and STTR programs, the individual small business award levels from: (1) $100,000 to $150,000, for participation at the Phase I level; and (2) $750,000 to $1 million, for participation at the Phase II level. Changes from every five years to annually the required SBA inflation adjustment of such awards. Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
(Sec. 5104) Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
(Sec. 5105) Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
(Sec. 5106) Authorizes the National Institutes of Health (NIH), DOD, and the Department of Education, during FY2012-FY2017, to provide SBIR Phase II awards under a project to a small business without regard to whether such business was provided a Phase I award under such project, upon certain determinations.
(Sec. 5107) Authorizes the NIH Director, the Secretary of Energy, and the Director of the National Science Foundation (NSF), 30 days after notifying the SBA Administrator (Administrator, for purposes of this title) and specified committees, to award through competitive, merit-based procedures up to 25% of their respective SBIR funds to small businesses majority-owned by multiple venture capital companies, hedge funds, or private equity firms. Permits other federal agencies to award up to 15% of their SBIR funds to such small businesses. Provides conditions under which a small business which was not majority-owned by multiple venture capital companies, hedge funds, or private equity firms at the time of application for an SBIR award, but is so owned on the date of the award, may still be eligible for such award.
Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies, hedge funds, or private equity firms for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits. Directs the Administrator to post on the SBA website information on SBIR and STTR program affiliation rules.
(Sec. 5108) Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
(Sec. 5109) Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or FFRDC. Prohibits a federal agency from: (1) conditioning an award upon entering into such an agreement; (2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or (3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or FFRDCs without entering into such agreements.
(Sec. 5110) Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
(Sec. 5111) Allows a small business that receives a Phase II SBIR or STTR award to receive an additional Phase II SBIR or STTR award for that project.
Subtitle B: Outreach and Commercialization Initiatives - (Sec. 5121) Allows each federal agency conducting an STTR program (under current law, only an SBIR program) to contract for the provision of technical assistance to small businesses participating in that program. Extends from three to five years the authorized period of such assistance. Increases from $4,000 to $5,000 the amount authorized to be provided to SBIR or STTR participants under the first and second phases of such projects.
(Sec. 5122) Redesignates the Commercialization Pilot Program as the Commercialization Readiness Program, and includes STTR technology projects under such Program. Makes such Program permanent. Authorizes the Secretary of Defense to: (1) establish goals for the transition of phase III technologies in subcontracting plans; and (2) require prime contractors to report on the number and amount of contracts entered into for phase III SBIR or STTR projects. Directs the Secretary to: (1) establish goals for increasing the number of phase II STIR and STTR contracts awarded that lead to technology transition into programs of record or fielded systems; (2) use incentives or create new incentives to encourage agency program managers and prime contractors to meet such goals; and (3) include in a required annual report to Congress information on projects funded through the Program and efforts to transition their technologies into programs of record or fielded systems.
(Sec. 5123) Allows the head of each federal agency to allocate up to 10% of SBIR and STTR program funds to establish a pilot program: (1) for awards for technology development, testing, evaluation, and commercialization assistance for SBIR and STTR phase II technologies; or (2) to support the progress of research, research and development, and commercialization conducted under such programs to phase III. Outlines pilot program application requirements, and requires such agency heads to include pilot program information in required annual reports to the Administrator. Terminates the pilot program at the end of FY2017.
(Sec. 5124) Requires the Director of the Office of Science and Technology Policy to establish an Interagency SBIR/STTR Policy Committee to review, and make recommendations for improving the effectiveness and efficiency of, SBIR and STTR programs. Requires five reports from the Committee to the small business committees concerning such review and recommendations.
(Sec. 5125) Further defines "Phase III" for purposes of the SBIR and STTR programs, including what will qualify as "commercialization" under such phase.
(Sec. 5126) Requires final decisions on SBIR or STTR program proposals or applications within one year after close of solicitation, with respect to the NIH or the NSF, or 90 days after the close of solicitation, with respect to other participating agencies. Allows one additional identical period, if extended by the Administrator. Requires participating federal agencies to report annually to the Administrator on the average amount of time such agency makes final decisions and releases funding with respect to an award.
(Sec. 5127) Authorizes the NIH Director to use specified funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations from qualifying institutions. Outlines partnership requirements. Limits awards to: (1) $100,000 per individual proposal, and (2) $1 million per institution per year for up to three years. Requires such Director to report to the small business committees on the pilot program. Terminates the program at the end of FY2017.
Subtitle C: Oversight and Evaluation - (Sec. 5131) Directs the SBA, in currently-required annual reports concerning SBIR and STTR programs, to include information on: (1) proposals received from small businesses with venture capital, hedge fund, and private equity firm investment; (2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals; (3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies, hedge funds, or private equity firms; and (4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
(Sec. 5132) Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
(Sec. 5134) Requires specified information concerning SBIR and STTR awardees to be included in public and government databases maintained by the SBA.
(Sec. 5136) Directs the CG, in each of the five years following the enactment of this Act, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
(Sec. 5137) Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
(Sec. 5138) Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in SBIR or STTR programs.
(Sec. 5139) Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
(Sec. 5140) Requires each federal agency conducting an SBIR or STTR program to obtain consent from program applicants to release their contact information to economic development organizations.
(Sec. 5141) Directs the Administrator to allow each federal agency required to conduct an SBIR program to use up to 3% of such funds for costs relating to administrative, oversight, and contract processing activities, including added costs necessitated by amendments made under this Act. Allows the Secretary of Defense and the Secretary of the military department concerned to use up to 1% of their SBIR funding to administer the Commercialization Readiness Program.
(Sec. 5142) Requires the CG to conduct a study of, and report to Congress on, the impact of requirements of this Act relating to venture capital company, hedge fund, and private equity firm involvement in SBIR and STTR programs.
(Sec. 5143) Directs the Administrator to amend the SBIR and STTR Policy Directives to include measures to prevent fraud, waste, and abuse in SBIR and STTR programs. Requires the CG to: (1) conduct a study evaluating federal agency implementation of the amendments made to such Directives; and (2) report study results to the small business committees and SBIR/STTR-participating federal agencies. Requires related reports from agency Inspectors General.
(Sec. 5144) Directs the Administrator to issue regulations to ensure that each federal agency required to carry out an SBIR or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance and audit procedures to reduce the paperwork and regulatory compliance burden on small businesses participating in such program.
Subtitle D: Policy Directives - (Sec. 5151) Requires the Administrator to: (1) promulgate amendments to the SBIR and STTR Policy Directives to conform them to this title and its amendments; and (2) publish the amended Directives in the Federal Register.
Subtitle E: Other Provisions - (Sec. 5161) Directs each federal agency required to participate in an SBIR or STTR program to: (1) develop metrics to evaluate the effectiveness and benefit of such program; (2) conduct an annual evaluation of their program using such metrics; and (3) report evaluation results annually to the Administrator and Congress.
(Sec. 5162) Requires all SBIR or STTR funds to be awarded pursuant to competitive and merit-based selection procedures.
(Sec. 5163) Directs the Administrator to submit to the small business committees an analysis of what restrictions, conditions, or covenants contained in a note, bond, debenture, other evidence of indebtedness, or preferred stock constitutes affiliation for purposes of small business research and development through the SBA.
(Sec. 5164) Limits to three years any current or future SBIR- or STTR-related pilot program not specifically authorized by law.
(Sec. 5165) Directs the head of each federal agency participating in an SBIR or STTR program to: (1) develop a system to measure the success of small businesses with respect to Phase II SBIR or STTR awards, and (2) begin evaluating whether each small business that received a Phase I award meets such minimum performance standard. Requires the agency head, upon a negative determination under (2), above, to prohibit such small business from participating in Phase I of the program during the one-year period after such determination. Directs each such agency head to develop a similar system as above with respect to the measurement of small business Phase III success. Requires each system and minimum performance standard established by an agency to be submitted to the Administrator and subject to approval.
(Sec. 5166) Directs the Administrator to establish and maintain a public Internet website of information relating to notice of and application for awards under the SBIR and STTR programs of each participating federal agency as the Administrator determines appropriate.
(Sec. 5167) Requires the head of each agency that makes more than $50 million in combined SBIR-STTR awards to report annually to Congress on efforts to enhance manufacturing activities, encourage manufacturing innovation, and develop new manufacturing technologies and processes.
(Sec. 5168) Requires an agency head that participates in the SBIR program and either the Experimental Program to Stimulate Competitive Research or the Institutional Development Award Program to: (1) coordinate agency initiatives with respect to such programs, (2) report to the Administrator and the small business committees on actions taken to increase such coordination in order to maximize existing resources, and (3) report subsequently on whether such actions have been successful in attracting entrepreneurs into the SBIR program and increasing the participation of states with historically low levels of SBIR awards.
National Defense Authorization Act for Fiscal Year 2012 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters.
Subtitle C: Air Force Programs - (Sec. 131) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Authorizes such Secretary to (1) include the use of economic order quantities when resulting in cost savings, as well as cost reduction initiatives; and (2) use incremental funding under such contract for up to six fiscal years. Limits total procurement costs to $3.1 billion, allowing a cost adjustment upon notification to the congressional defense and appropriations committees. Directs such Secretary to: (1) report to such committees within 30 days after entering into such a contract, and (2) submit to such committees a plan to use contract cost savings to improve the capability of military satellite communications. Allows such Secretary to use funds currently available for high frequency satellite space vehicle number 5 for the procurement of parts and the replacement of parts for space vehicle number 6. Expresses the sense of Congress that such Secretary should not enter into such a contract until determining that it will save the Air Force 20% or more over procuring two satellites separately.
(Sec. 132) Earmarks the use of specified B-2 bomber aircraft funds for: (1) research, development, test, and evaluation on a conventional mixed load capability for such aircraft, and (2) supporting alternative options for the extremely high frequency terminal Increment 1 program of record. Directs the Secretary of the Air Force to submit to the defense and appropriations committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 and other aircraft.
(Sec. 134) Prohibits this Act's funds from being obligated or expended: (1) to retire any B-1 bomber aircraft before the date on which the Secretary of the Air Force submits to the defense and appropriations committee a plan for retiring such aircraft; and (2) after such date, to retire more than six of such aircraft. Expresses the sense of Congress that: (1) at least 60% of the savings achieved in each year through 2022 resulting from such retirements should be reinvested in modernizing and sustaining bomber aircraft, and (2) at least 35% of such amount should be reinvested in modernizing and sustaining the remaining B-1 fleet through such period.
(Sec. 135) Prohibits the Secretary of the Air Force from taking any action to prevent maintaining the U-2 aircraft fleet in its current configuration and capability beyond FY2016 until the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense, appropriations, and intelligence committees that the operating and sustainment costs for the Global Hawk unmanned aerial vehicle are less than comparable costs for the U-2 on a flight-hour basis.
(Sec. 136) Directs the Secretary of the Air Force, as of October 1, 2011, to maintain a total inventory of strategic airlift aircraft of not less than 301.
(Sec. 137) Directs the Secretary of the Army, upon a determination to retire a C-23 aircraft, to first offer it for transfer, without charge, to the chief executive officer of the state in which the aircraft is based. Allows such aircraft, after transfer, to continue to be utilized by the National Guard of that state. Requires the state, after the transfer, to assume all aircraft maintenance and operational costs.
Subtitle D: Joint and Multiservice Matters - (Sec. 151) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to include in quarterly reports on the use of combat mission requirement funds a table setting forth the requirements approved during the fiscal year in which the report is submitted and the two preceding fiscal years, as well as a statement of any unspent funds for such period.
(Sec. 152) Directs the Secretary of Defense (Secretary), in entering into a contract for the procurement of the F-35 Lightning II Joint Strike Fighter aircraft, to ensure that the contract: (1) is a fixed-price contract, and (2) requires the contractor to assume full responsibility for contract costs above the target cost.
(Sec. 153) Requires the Under Secretary, at the same time as submission of the FY2013 budget, to report to the defense committees on DOD plans to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 within the Joint Strike Fighter aircraft program.
(Sec. 154) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for UH-60M/HH-50M and MH-60R/MH-60S helicopters.
(Sec. 155) Directs the Under Secretary to designate the undersea mobility acquisition program of the U.S. Special Operations Command as a major defense acquisition program (MDAP).
(Sec. 156) Requires the Secretary to: (1) develop and carry out a plan for the orderly transfer of the Air Force C-12 Liberty intelligence, surveillance, and reconnaissance aircraft to the Army; and (2) report to the defense, appropriations, and intelligence committees on such plan.
(Sec. 157) Directs the Air Force Audit Agency to submit to the defense and appropriations committees the results of a financial audit of funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System aircraft re-engining program.
(Sec. 158) Requires the Secretary to report to the defense and appropriations committees on the development of the short take-off, vertical landing variant of the Joint Strike Fighter.
(Sec. 159) Authorizes the Secretary to transfer to the United Kingdom an F-35 Lightning II aircraft in the carrier variant configuration in exchange for such an aircraft in the short take-off and vertical landing configuration. Provides: (1) funding for the aircraft to be exchanged by the United States, and (2) exchange implementation through a memorandum of understanding.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits: (1) the use of this Act's funds for RDT&E on the F136 engine; or (2) such RDT&E conducted by a contractor from being considered an allowable charge on any future government contract.
(Sec. 212) Prohibits the obligation or expenditure of funds earmarked for Increment 2 of the B-2 bomber aircraft extremely high frequency satellite communications program until the Secretary of the Air Force submits to the defense and appropriations committees a program certification and a plan setting forth the projected cost and schedule for certain RDT&E under the program.
(Sec. 213) Limits to 50% the obligation or expenditure of funds for the unmanned carrier launched airborne surveillance and strike program until the Under Secretary certifies to the defense and appropriations committees the approval of an acquisition plan for such program.
(Sec. 214) Prohibits the granting of Milestone B approval for the Marine personnel carrier until 30 days after submission to the defense and appropriations committees of an analysis of alternatives for the amphibious combat vehicle. Outlines analysis requirements. Prohibits Milestone B approval for certain other Marine Corps ground combat vehicles until 30 days after submission to such committees of a life-cycle assessment of such vehicles performed by the DOD Director of Cost Assessment and Program Evaluation.
Subtitle C: Missile Defense Matters - (Sec. 231) Amends the Skelton Act to direct the Comptroller General (CG), at the end of each of FY2012-FY2015, to review required annual DOD reports on acquisition baselines and variances of missile defense acquisition programs and assess the extent to which the Missile Defense Agency (MDA) has achieved its acquisition goals and objectives, and report assessment results to the defense and appropriations committees.
(Sec. 232) Expresses the sense of Congress that: (1) it is essential for the Ground-based Midcourse Defense (GBMD) element of the Ballistic Missile Defense System to achieve appropriate levels of reliability, availability, sustainability, and operational performance against limited future missile attacks from nations such as North Korea and Iran; (2) the MDA should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the GBMD system, design a correction of the problem, and verify that such correction is effective and will allow the GBMD to reach the capabilities described above; (3) before such verification, the MDA should suspend further production of Exo-atmospheric Kill Vehicles to ensure that they will not be deployed with any component or design flaws that may have caused the flight-test failure; (4) after the MDA has verified the correction of the problem, it should assess the need for any additional ground-based interceptors and any additional steps needed for the GBMD testing and sustainment program; and (5) DOD should plan for and budget sufficient future funds for the GBMD to ensure the ability to complete and verify an effective correction of the problem. Requires two annual reports from the Secretary to the defense and appropriations committees on DOD plans to correct the problem, and progress toward achievement of such plan.
(Sec. 233) Expresses the sense of Congress that: (1) it is in the U.S. national security interest to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States, its North Atlantic Treaty Organization (NATO) allies, and Russia, particularly against missile threats from Iran; (2) the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral and a multilateral basis with its NATO allies, particularly through the NATO-Russia Council; (3) missile defense cooperation with Russia should not in any way limit U.S. or NATO missile defense capabilities and should be mutually beneficial and reciprocal in nature; and (4) the United States should pursue appropriate missile defense cooperation with Russia. Requires a report from the President to the defense, appropriations, and foreign relations committees on the status of efforts to reach agreement with Russia on missile defense cooperation.
(Sec. 234) Directs the Secretary to submit to the defense and appropriations committees the findings and conclusions of the homeland missile defense hedging strategy review, including the feasibility and advisability of establishing a missile defense site on the east coast of the United States.
Subtitle D: Reports - (Sec. 251) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend through 2020 requirements for a biennial roadmap and annual review and certification of funding for the development of hypersonics.
Subtitle E: Other Matters - (Sec. 261) Amends the Skelton Act to require the contractor to bear at least 50% of the cost of activities for enhancing or enabling the exportability of certain designated defense systems.
(Sec. 262) Authorizes the Secretary of the Army to acquire real property and associated interests in the vicinity of Hanover, New Hampshire, as needed for research and engineering laboratory facilities. Prohibits such Secretary from paying more than fair market value for such property and interests.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Establishes periodic goals, covering FY2015-FY2024, for DOD production or procurement of its total facility energy consumption from renewable energy sources.
(Sec. 312) Directs the Secretary to report annually to Congress on defense environmental programs.
(Sec. 313) Authorizes the Secretary of the Navy to transfer specified funds to the Environmental Protection Agency (EPA) as payment in connection with a remedial investigation/feasibility study for the Jackson Park Housing Complex, Washington.
(Sec. 314) Prohibits funds from being used for deciding or adjudicating any claim regarding water contamination at Camp Lejeune, North Carolina, unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies to the defense committees. Provides for the resolution of certain disputes in connection with such claims.
(Sec. 315) Amends the Act to Prevent Pollution from Ships to provide an exclusion from such Act's ship pollutant discharge requirements for military ships that have unique military design, construction, manning, or operation requirements and cannot comply with such requirements because it is not technologically feasible or would impair the operations or operational capability of the ship. Provides updated pollution discharge requirements for military vessels at sea.
(Sec. 316) Requires the Secretary to include opportunities to enhance energy security and reliability of defense facilities and missions when considering the development and implementation of the DOD energy performance master plan.
(Sec. 317) Directs the Secretary to require information generated by installation energy meters to be captured and tracked to determine baseline energy consumption.
(Sec. 318) Requires the Secretary to: (1) establish a training policy for DOD energy managers designated for military installations, (2) issue such policy within 180 days after the enactment of this Act, and (3) brief the defense committees on the policy.
Subtitle C: Workplace and Depot Issues - (Sec. 321) Requires investment funds included in the capital budget of specified military depots to be used to modernize or improve the efficiency of facilities, equipment, work environment, or processes in direct support of depot operations. Excludes the use of such funds for depot repair or other activity to maintain or sustain existing facilities, infrastructure, or equipment. Adds nine Army depots to the covered depots.
(Sec. 322) Prohibits the Secretary or the Secretary of the military department concerned (Secretary concerned) from issuing guidance, regulations, policy, or revisions to any DOD or military department instructions containing a revision to the definition of depot-level maintenance unless the Secretary reports to the defense and appropriations committees on the advisability of establishing a single definition of such term.
(Sec. 323) Authorizes the Secretary or the Secretary concerned to designate any military industrial facility as a center of industrial and technical excellence.
(Sec. 324) Requires the Secretary to report to the defense and appropriations committees on the status of the drawdown, retrograde, and reset program for equipment used in support of operations in Iraq and Afghanistan, as well as the status of the overall supply chain management for depot-level activities.
Requires the Secretary of the Air Force to contract with a federally funded research and development center to report to the defense and appropriations committees on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes.
Subtitle D: Reports - (Sec. 331) Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations, (2) create a master plan of requirements and investments to meet Air Force training and test needs through 2025, and (3) submit to the defense and appropriations committees an interim and final report on plan implementation.
(Sec. 332) Requires the Commander of the U.S. Special Operations Command to: (1) conduct a study on the ability of existing special operations training ranges to support the full spectrum of missions and operations assigned to special operations forces, and (2) submit to the defense and appropriations committees a plan on meeting special operations training requirements through 2025.
(Sec. 333) Directs the Secretary to: (1) survey the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments, and (2) report to the defense and appropriations committees on the advisability of establishing service life extension programs for such classes of vehicles.
(Sec. 334) Revises the deadline for an annual report on budget shortfalls for implementing DOD operational energy strategy.
Subtitle E: Other Matters - (Sec. 341) Allows Army industrial facilities to enter into up to 15 (under current law, 8) contracts or cooperative arrangements with non-Army entities to carry out certain authorized activities related to such facilities. Extends through FY2025 the authority to enter into such contracts or arrangements.
(Sec. 342) Requires all capital assets financed by a DOD working-capital fund to be capitalized and depreciated for budgeting, rate-setting, and financial accounting purposes.
(Sec. 343) Amends the Skelton Act concerning the commercial sale by DOD of small arms ammunition and ammunition components in excess of military requirements to allow the commercial resale of only intact expended small arms cartridge cases. States that such commercial sale provisions shall not apply to ammunition or components stored or expended outside the United States. Requires all such sales to be subject to all applicable explosives safety and trade security controls.
(Sec. 345) Requires: (1) the Secretary to develop guidance for commanders of military installations inside the United States on planning to minimize the effects of disruption of services by a utility that sells natural gas, water, or electricity to such installation; (2) such commanders to develop appropriate action plans to minimize such effects; and (3) the CG to review actions taken and report to Congress on the guidance developed.
(Sec. 346) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty and reserve members holding a valid Uniformed Services Identification and Privilege Card; (2) retired members who, but for not attaining age 60, would be eligible for military retired pay; (3) an unremarried widow or widower of an active or reserve member; and (3) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness. Requires the CG to review such program.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Authorizes the Secretary to allow the Secretary concerned to provide a voluntary retirement incentive payment (VRIP) to officers who: (1) have served on active duty for more than 20 but not more than 29 years on the approved date of retirement; (2) meet the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer; (3) on the approved date, have 12 months or more remaining on active duty before reaching the maximum retirement years for the member's grade, or under any other provision of law; and (4) meet any additional requirements as specified by the Secretary concerned. Provides VRIP exclusions. Makes the maximum VRIP payment 12 times the officer's monthly basic pay at the time of retirement. Requires repayment for members who return to active duty, but allows the Secretary to waive repayment when recovery would be against equity and good conscience or contrary to the best U.S. interests. Terminates the VRIP as specified by the Secretary, but no later than December 31, 2018.
(Sec. 503) Authorizes the Secretary, on a case-by-case basis, to assign a graduate of the National Defense University who is not designated as a joint qualified officer to a joint assignment other than a joint duty assignment. Excludes from the requirement to be assigned to a joint duty assignment after graduation those joint qualified officers and other officers who graduate from a school within the National Defense University following pursuit of a program on an other-than-in-residence basis.
(Sec. 504) Includes within the definition of "joint duty assignment" all instructor assignments for joint training and education.
Subtitle B: Reserve Component Management - (Sec. 511) Authorizes the Secretary concerned, when necessary to augment the active forces for a preplanned mission, to order any unit or unassigned member of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential, to active duty, without the consent of the member, for not more than 365 consecutive days. Outlines activation limitations, including a limit of 60,000 members under such order. Excludes members so ordered from active-duty end strength limits. Directs the Secretary concerned to notify Congress when exercising such authority, including the circumstances necessitating such action. Terminates such duty by law or by order of the Secretary concerned. Requires, when determining which members will be so ordered, appropriate consideration to be given to: (1) length and nature of previous service; (2) frequency of assignments during service career; (3) family responsibilities; and (4) employment necessary to maintain the national health, safety, or interest.
(Sec. 512) Makes reserve officer military technicians (dual status) who have been retained beyond their mandatory removal date for years of service ineligible for consideration for promotion by a mandatory promotion board.
(Sec. 513) Allows preseparation counseling for reserve members being demobilized to commence less than 90 days before their projected date of discharge or release from active duty when operational requirements make the full 90- day requirement unfeasible.
(Sec. 514) Directs the Secretary to: (1) study the feasibility and advisability of terminating the military technician as a distinct DOD personnel management category, and (2) report study results to the defense and appropriations committees.
(Sec. 515) Authorizes the Secretary, upon request of a state governor for federal assistance in responding to a major disaster or emergency, to order a unit or member of the reserves to active duty for a continuous period of up to 120 days to provide such assistance. Excludes members so serving from reserve personnel end strength limits. Provides for the termination of such duty by order of the Secretary or by law. Requires the usual and customary command and control arrangement with respect to regular and reserve armed forces serving simultaneously in support of civil authorities during such a disaster or emergency.
Subtitle C: General Service Authorities - (Sec. 521) Repeals the requirement that the Secretary pay a high-deployment allowance for members deployed in excess of specified periods.
(Sec. 522) Prohibits a member from being denied reenlistment for unsuitability based on the same medical condition for which they were determined by a physical evaluation board to be fit for duty.
(Sec. 523) Allows any enlisted member to be discharged within one year (under current law, three months) before the expiration of their enlistment or extended enlistment.
(Sec. 524) Extends through 2018 DOD authority to pay voluntary separation pay and benefits to eligible members voluntarily separated from active duty.
(Sec. 525) Authorizes the Secretary concerned to carry out one or more programs to provide eligible members with job training and employment skills training for civilian employment. Makes eligible for such program members who: (1) have completed at least 180 days of active duty, and (2) are expected to be discharged or released from such duty within 180 days after participation in the program.
(Sec. 526) Requires the Secretary concerned, for the purposes of recruitment or enlistment, to treat a graduate who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with that state's education laws as a graduate of a secondary school as defined under the Elementary and Secondary Education Act of 1965. Directs the Secretary of Defense to prescribe a policy that incorporates means for identifying such graduates who are qualified for recruitment and enlistment. Requires each Secretary concerned to: (1) develop a recruitment plan and strategy for targeting various segments of potential recruits with all types of secondary education credentials, and (2) develop a communication plan to ensure that the policy and plan are understood by military recruiters.
(Sec. 527) Prohibits a military chaplain from being required to perform a marriage that the chaplain does not wish to perform as a matter of conscience or moral principle.
Subtitle D: Education and Training - (Sec. 541) Allows graduates of the National Defense Intelligence College to receive credit for completing joint professional military education phase I. Eliminates the requirement that the curriculum for phase II instruction at the Joint Forces Staff College be taught only in residence.
(Sec. 542) Allows certain military medical students, while on active duty, to serve in pay grade O-2 (under current law, all such students serve in pay grade O-1) if they meet specified criteria prescribed by the Secretary concerned. Requires officers detailed as a student at a medical school to serve on active duty in the same grade (with the same entitlements) in which they served before such detail.
(Sec. 543) Authorizes the Secretary concerned to enter into agreements to pay a stipend to individuals eligible to be appointed as a reserve officer and enrolled or accepted in a course of study that results in a degree in clinical psychology or social work. Requires, under each agreement, that the individual serve, upon completion of the educational program, one year in the Ready Reserve for each six months for which the stipend is provided.
(Sec. 544) Authorizes the Secretary of the Air Force to provide for the enrollment of certain seriously wounded, ill, or injured former or retired enlisted personnel in associate degree programs of the Community College of the Air Force in order to complete their degree program requirements. Prohibits participation by any individuals after the end of the 10-year period following their separation from active duty.
(Sec. 545) Allows the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no unit of the Junior Reserve Officers' Training Corps is maintained if such institution: (1) offers a course in military training prescribed by that Secretary, and (2) has a student body of at least 100 physically fit students over 14 years of age.
(Sec. 546) Authorizes the Secretary concerned to waive the maximum age limit for admission to the military service academies if the individual: (1) satisfies all other admission eligibility requirements; and (2) was or is prevented from admission before reaching the maximum age limit as a result of active duty service in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Prohibits: (1) any waiver in which the candidate would pass his or her 26th birthday by July 1 of the year of admission, and (2) more than five candidates from being admitted to each service academy under such waiver. Requires a report from each department Secretary to the defense committees on the exercise of the waiver authority.
(Sec. 547) Directs the Secretary to carry out a pilot program to assess the feasibility and advisability of allowing enlisted personnel to obtain civilian credentialing or licensing for skills required for military occupational specialties or qualification for duty specialty codes. Requires the Secretary to: (1) designate at least three and no more than five specialties or codes for coverage under the pilot program, and (2) report to Congress on the program.
Subtitle E: Military Justice and Legal Matters Generally - (Sec. 551) Amends article 120 of the Uniform Code of Military Justice (UCMJ) involving offenses of rape, sexual assault, and other sexual misconduct to divide such article into three separate articles covering: (1) offenses of rape and sexual assault of any person; (2) sexual offenses against children under age 16; and (3) other nonconsensual sexual misconduct offenses. Defines "child" for purposes of such provisions as one under age 16 (under current law, under 12). Includes as sexual assaults committing a sexual act upon another person: (1) knowing that the other person is asleep, unconscious, or otherwise unaware that the act is occurring; and (2) when the other person is incapable of proper consent due to impairment, mental disease or defect, or physical disability. Provides that marriage is not a defense for any conduct in issue under the offenses of rape and sexual assault. Repeals provisions concerning the defenses of consent and mistake of fact as to consent, as well as other affirmative defenses not being precluded simply by their omission. States specifically that: (1) a sleeping, unconscious, or incompetent person cannot consent; (2) a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; and (3) a person cannot consent while under threat or in fear. Includes under other sexual misconduct the indecent viewing, visual recording, or broadcasting of the private area of another person without their consent and under circumstances in which the other person has a reasonable expectation of privacy.
(Sec. 552) Amends the UCMJ to authorize the issuance of subpoenas to compel the production of documentary evidence prior to trial by court-martial. Repeals obsolete provisions relating to fees and mileage allowance payable to witnesses.
(Sec. 553) Requires final decisions of the Secretary or the Secretary concerned which result in the denial of the correction of a personnel record of a member or former member to include a concise written statement of the factual and legal basis for such decision, together with a statement of the procedure and time for obtaining further review. Requires the individual to submit a review request within 90 days after a decision resulting in denial of correction of such record. Requires the decision of a military corrections board to include a thorough advisory opinion if it involves a historically significant military event, if the corrective action modifies a disciplinary action, or if it includes a promotion decision regarding a general or flag officer that would require Senate confirmation.
Sets forth procedures for the judicial review of decisions based on correction board actions, including a requirement that the individual request correction of the record before judicial review may proceed. Allows individuals to seek judicial review within three years after receiving the final decision of a correction board.
(Sec. 554) Authorizes the Secretary to provide support to one or more public or private programs designed to facilitate representation by attorneys who provide pro bono legal assistance to military personnel in need of representation. Provides funding.
Subtitle F: Sexual Assault Prevention and Response - (Sec. 561) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or from DOD employees in a comparable Senior Executive Service position.
(Sec. 562) Directs the Secretary to: (1) issue guidance to implement certain recommendations of the Report of the Defense Task Force on Sexual Assault in the Military Services, and (2) report to Congress on the status of implementation of such recommendations.
(Sec. 563) Requires the Secretaries concerned to prescribe regulations on the provision of legal assistance to victims of sexual assault. Allows a member of the Armed Forces (member) who is the victim of a sexual assault to be provided: (1) legal assistance by military or civilian legal assistance counsel, or (2) assistance through a Sexual Assault Response Coordinator or Sexual Assault Victim Advocate. Requires a member-victim to be informed of the availability of the various types of assistance at the time the member first seeks assistance. Allows a member-victim to confidentially disclose assault details to any of the above individuals, health care personnel, or a chaplain, and receive medical treatment, legal assistance, or counseling without initiating an official investigation.
(Sec. 564) Directs the President to establish in the Manual for Courts-Martial an evidentiary privilege against disclosure of certain circumstances by victims of sexual assault made to Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and such other persons as the President shall specify.
(Sec. 565) Requires the Secretaries concerned to provide guidance on expedited consideration and decision-making on requests for a permanent change of station or unit transfer submitted by a member-victim serving on active duty.
(Sec. 566) Directs the Secretary to: (1) develop a comprehensive DOD policy on the retention of and access to evidence and records relating to sexual assaults involving members, and (2) ensure that such policy is implemented uniformly by the military departments.
Subtitle G: Defense Dependents' Education - (Sec. 571) Earmarks specified DOD O&M funds: (1) to assist local educational agencies (LEAs) having a significant number of dependents of members and DOD civilian employees enrolled in their schools, and (2) for impact aid for children with severe disabilities.
(Sec. 573) Amends the Warner Act to authorize additional forms of assistance to LEAs serving military dependent students who do not attend Department of Defense Education Activity schools. Extends such authority through FY2016.
Subtitle H: Military Family Readiness - (Sec. 576) Revises the membership and terms of office on the Department of Defense Military Family Readiness Council.
(Sec. 577) Directs the CG to review all current DOD military spouse employment programs, and report review results to the defense and appropriations committees. Requires the Secretary to submit to such committees the number of spouses who have obtained employment following participation in military spouse employment programs.
Subtitle I: Other Matters - (Sec. 581) Authorizes the Secretary to allow the Secretaries concerned to issue a Cold War Service Medal to eligible individuals.
(Sec. 582) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 relating to the Yellow Ribbon Reintegration Program (military-to-civilian transition assistance) to: (1) include federal and state-led programs of outreach under the Program, and (2) add to Program functions the development and implementation of a process for identifying best practices in the delivery of information and services in outreach programs.
(Sec. 583) Directs the Secretary to submit to Congress an assessment of the feasibility and advisability of the establishment by the military departments of a process to expedite the determination of disability with respect to members who suffer from certain disabling diseases or conditions.
(Sec. 584) Requires the Secretary to report to the defense committees on the achievement of diversity goals for the leadership of the Armed Forces.
(Sec. 585) Amends the Uniformed and Overseas Citizens Absentee Voting Act to apply to overseas voters (under current law, only to absent uniformed services voters) the prohibition against U.S. states from refusing to accept or process valid applications for voter registration and absentee ballots on the grounds of premature submission.
(Sec. 586) Authorizes and requests the President to award the Medal of Honor posthumously to Captain Emil Kapaun for acts of valor during the Korean War.
(Sec. 587) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Captain Fredrick L. Spaulding for acts of valor during the Vietnam War.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2012 specified authorities currently scheduled to expire at the end of 2011 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 612) Requires hostile fire and imminent danger pay and hazardous duty pay to be prorated according to the number of days spent in a qualifying area. (Under current law, such payments are made on a monthly basis.)
Subtitle B: Consolidation and Reform of Travel and Transportation Authorities - (Sec. 621) Provides revised and updated definitions, administrative provisions, and general and specific authorities concerning military travel and transportation. Authorizes the Secretary to conduct pilot programs to evaluate alternative methods for performing and reimbursing travel, for limiting the need for travel, and for reducing the environmental impact of travel. Requires pilot program reports.
Directs the Secretary, the Secretary of Homeland Security (with respect to the Coast Guard when not operating as a service in the Navy), the Secretary of Commerce (with respect to the National Oceanic and Atmospheric Administration [NOAA]), and the Secretary of Health and Human Service (with respect to the Public Health Service) (administering Secretaries) to establish programs of compliance to ensure the integrity of the defense travel system, minimize fraud and waste, and ensure that benefits do not exceed actual expenses of travel or reasonable allowances based on commercial travel rates. Require that all DOD travel claims be processed electronically within five years after the enactment of this Act.
Recodifies and renumbers current military travel and transportation authorities. Terminates current authorities with respect to travel that occurs after ten years after the enactment of this Act. Makes technical and clerical amendments necessitated by the recodified and renumbered authorities.
(Sec. 622) Directs the Secretary to develop a plan to implement the transition from current military travel and transportation authorities to the revised and updated authorities within the 10-year period following the enactment of this Act. Requires the Secretary to prepare such plan, and modify current law to facilitate the transition process, in coordination with the administering Secretaries.
Subtitle C: Disability, Retired Pay, and Survivor Benefits - (Sec. 631) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program.
(Sec. 632) Limits to 50% the obligation or expenditure of FY2012 funds for travel of the Office of the Under Secretary of Defense for Personnel and Readiness until such Under Secretary reports to the defense and appropriations committees on the implementation of special compensation for members with injury or illness requiring assistance in daily living.
(Sec. 633) Amends the Skelton Act to repeals provisions expressing the sense of Congress concerning age and service requirements for retired pay for non-regular (reserve) service.
(Sec. 634) Authorizes the payment of a death gratuity and related benefits for reserve members who die while staying at their residence, when so authorized, during or between successive days of inactive duty training. Treats such a death as death during inactive duty training. Authorizes payment for the recovery, care, and disposition of remains in such instances.
(Sec. 635) Repeals the reduction of Survivor Benefits Plan (SBP) benefits by the amount received as dependency and indemnity compensation (DIC). Prohibits the recoupment of certain amounts previously refunded to SBP recipients. Repeals the authority for an optional SBP annuity for dependent children, restoring such annuity to previously eligible spouses.
Subtitle D: Pay and Allowances - (Sec. 641) Prohibits reducing the rate of basic allowance for housing paid to a member of the Army or Air National Guard upon the transition of the member from active duty to full-time National Guard duty, or from full-time National Guard duty to active duty, when the transition occurs without a break in active service of at least one day.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program - (Sec. 701) Requires the Secretary, after FY2012, to increase the fee payable for enrollment in TRICARE Prime by the same percentage as any cost-of-living increase for retired pay of members and former members.
(Sec. 702) Provides that TRICARE institutional, professional, and pharmacy networks shall not be considered subcontractors for purposes of the Federal Acquisition Regulation (FAR) or any other law.
(Sec. 703) Amends the NDAA for Fiscal Year 1997 to require beneficiaries enrolled in the Uniformed Services Family Health Plan after September 30, 2011, to transition to TRICARE for Life once they become Medicare-eligible.
(Sec. 704) Amends the NDAA for Fiscal Year 2008 to: (1) extend from 2011 to 2015 the required reporting period on access to health care under TRICARE Standard and TRICARE Extra, and (2) change from semiannually to biennially the frequency of CG reports containing reviews of such reports.
(Sec. 705) Extends until three years after the provision of services the time limit for the submittal of claims under TRICARE for care provided outside the United States or its territories and possessions.
Subtitle B: Other Health Care Benefits - (Sec. 711) Authorizes the Secretary to pay travel expenses to a location inside the United States in the case of a command-sponsored dependent of a member assigned to a remote location outside the United States who requires or elects obstetrical anesthesia services.
(Sec. 712) Extends the normal 180-day period for medical eligibility under the Transition Assistance Management Program, in the case of reserve members called to active duty in support of a contingency operation and then extended for additional active duty, to the 180-day period following the end of the extended duty.
(Sec. 713) Directs the Secretary to prescribe and maintain regulations relating to commanding officer and supervisor referrals of members for mental health evaluations. Requires such regulations to seek to eliminate any perceived stigma associated with seeking and receiving mental health services. Outlines procedures for such evaluations, and prohibits using such referrals to retaliate against whistleblowers.
Subtitle C: Health Care Administration - (Sec. 721) Allows a health-care professional who is a member of the Armed Forces, DOD civilian employee, personal services contractor, or other health-care professional who is credentialed and privileged at a federal health care institution to perform duties relating to mental health care at any location in a state, the District of Columbia, or U.S. territory or possession regardless of where the professional or patient is located, as long as the practice is within the scope of the authorized federal duties.
(Sec. 722) Limits access to medical quality assurance records to peer review activity by or for DOD to assess the quality of medical care.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Provisions Relating to Major Defense Acquisition Programs - (Sec. 801) Allows the waiver of requirements relating to new milestone approval for certain major defense acquisition programs (MDAPs) that experience critical cost growth attributable to changes in the purchase quantity, and not as the result of an increase in program cost, program delay, or meeting program requirements. Directs the Secretary to submit to Congress a written determination to such effect.
(Sec. 802) Amends the Weapon Systems Acquisition Reform Act of 2009 to: (1) repeal the requirement that DOD certify MDAP compliance with actions on the treatment of systemic problems prior to milestone approval, and (2) eliminate the requirement to continually review and revalidate waivers granted under such Act.
(Sec. 803) Directs the Secretary to issue guidance on actions taken to assess, manage, and control DOD costs for the operation and support of major weapon systems. Makes the Director of Cost Assessment and Program Evaluation responsible for developing and maintaining a database on operating and support estimates, supporting documentation, and actual operating and support costs for such systems.
(Sec. 804) Makes the Under Secretary responsible for policies and guidance on cost analyses and targets to be used in contract negotiations.
(Sec. 805) Amends the Skelton Act to allow DOD to tailor manufacturing readiness levels or other manufacturing standards to address the unique characteristics of specific industry sectors or weapon system portfolios.
(Sec. 806) Amends the Warner Act to require each MDAP to be supported by a chief development tester and a government test agency.
(Sec. 807) Directs the Secretary, after the President certifies Congress regarding a proposed cooperative agreement expected to result in the award of a DOD contract for the engineering and manufacturing development of a major weapon system, to submit to the defense committees a risk assessment of the proposed project.
Subtitle B: Acquisition Policy and Management - (Sec. 821) Directs: (1) the Under Secretary to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used for making source selection decisions, and (2) the CG to report to the defense and appropriations committees on actions taken by the Under Secretary pursuant to such strategy.
(Sec. 822) Requires: (1) the Under Secretary to develop a plan for implementing the recommendations of the Defense Science Board Task Force on Improvements to Service Contracting, and (2) the CG to report to such committees on actions taken pursuant to this section.
(Sec. 823) Prohibits the total amount obligated by DOD for contract services in FY2012 or FY2013 from exceeding the total amount requested for such services by DOD in FY2010, adjusted for net transfers from funding for overseas contingency operations. Provides an exception with respect to any increase in the number of civilian DOD billets in such fiscal years. Requires the Secretary to issue guidance to the military departments and defense agencies on the implementation of such limitations.
(Sec. 824) Requires a single annual report on single-award task and delivery order contracts based on exceptional circumstances (in lieu of separate reports on each single-award contract awarded during such year). Requires an explanation of the basis of the determination with respect to a single-award contract in excess of $100 million.
(Sec. 825) Directs the Under Secretary to: (1) incorporate specified corrosion prevention and control recommendations into requirements applicable to the development and acquisition of new weapon systems, (2) develop a plan to achieve such incorporation in a timely and appropriate manner, and (3) incorporate such corrosion prevention and control into the F-22 Raptor and F-35 Lightning II Joint Strike Fighter aircraft. Requires: (1) the Secretary to ensure that the Milestone Decision Authority for an MDAP to consider issues of corrosion and materials degradation within MDAP certification requirements; and (2) the Director of Operational Test and Evaluation to consider corrosion, environmental severity, and duration in the adequacy of operational test and evaluation plans, and include such information in required annual reports.
(Sec. 826) Prohibits the use of funds to implement or carry out any program that creates a price evaluation adjustment that is inconsistent with certain federal court rulings.
(Sec. 827) Applies domestic purchase (Buy American) requirements to the DOD procurement of photovoltaic devices.
Subtitle C: Amendments Relating to General Contracting Authorities, Procedures, and Limitations - (Sec. 841) Provides for the treatment and use of technical data developed through DOD expenditure of certain independent research and development and bid and proposal costs.
(Sec. 842) Prohibits the compensation payable to defense contractor employees from exceeding the annual amount paid to the President of the United States.
(Sec. 843) Amends the Skelton Act to define "covered contracts" for purposes of requirements for contractor business systems.
(Sec. 844) Requires non-defense agencies to comply with defense procurement requirements, including FAR, when making procurements on behalf of DOD.
(Sec. 845) Prohibits the head of a defense agency from requiring a contractor to submit contractor political information as part of a contract solicitation, bid, or proposal, or during any part of contract performance.
(Sec. 846) Waives DOD Buy American requirements for the procurement of components containing specialty metal otherwise producible overseas with specialty metal not produced in the United States.
(Sec. 847) Directs the CG to submit to the defense committees a review and assessment of the noncompetitive contracts and one-offer contracts awarded by DOD during the preceding fiscal year.
(Sec. 848) Directs the Secretary to revise the DOD Supplement to FAR to address the detection and avoidance of counterfeit electronic parts. Requires DOD contractors and subcontractors: (1) whenever possible, to use trusted suppliers (as identified by DOD) when purchasing such parts; and (2) notify the DOD Inspector General of any counterfeit item, part, or material contained in supplies purchased by DOD or by the contractor for delivery to DOD. Directs the Secretary of Homeland Security to establish a methodology for the targeting of imported electronic parts as counterfeit sources. Requires the DOD Secretary to: (1) implement a program for the improvement of contractor systems for the detection and avoidance of counterfeit and suspected counterfeit electronic parts, and (2) take steps to address shortcomings in DOD systems for such detection and avoidance.
Amends the federal criminal code to provide criminal penalties for trafficking in counterfeit military goods or services. Directs the U.S. Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements relating to the sale of counterfeit products to reflect the intent of Congress that penalties for such offenses be increased for defendants that sell such products to or for the use of the Armed Forces or federal, state, or local law enforcement agencies, or for use in critical infrastructure or in national security applications.
(Sec. 849) Requires a report from the Secretary to the defense and appropriations committees on the authorities currently available to DOD for multiyear contracts for the purchase of advanced biofuels.
(Sec. 850) Directs the CG to submit to the defense and appropriations committees, in both 2012 and 2013, an assessment of DOD implementation of justification and approval requirements for certain sole-source contracts.
Subtitle D: Provisions Relating to Wartime Contracting - (Sec. 861) Authorizes the head of a DOD contracting activity to void a contract, or restrict or limit the award of future contracts, to a contractor who has been determined by the Commander of the U.S. Central Command as actively opposing U.S. or coalition forces in a contingency operation in the Central Command theater of operations. Allows such contracting head to authorize the contract termination for default of a contractor who fails to exercise due diligence to ensure that none of the contract funds are awarded to persons actively supporting an insurgency or opposing U.S. or coalition forces in such theater of operations. Requires a report from the Secretary to the defense committees in each of 2013-2015 on the use of such authority. Terminates such authority three years after the enactment of this Act.
(Sec. 862) Authorizes the Secretary to include in defense contracts, grants, and cooperative agreements a clause authorizing the Secretary to examine the records of the contract, grant, or agreement recipient to ensure that contract funds are not subject to extortion or corruption and are not provided to persons or entities supporting an insurgency or actively opposing U.S. or coalition forces in a contingency operation. Requires a report from the Secretary to the defense committees in each of 2013-2015 on the use of such authority. Terminates such authority three years after the enactment of this Act.
(Sec. 863) Establishes in the Treasury the Joint Urgent Operational Needs Fund to fund capabilities determined to be suitable for rapid fielding in response to urgent operational needs. Allows the transfer of funds to such Fund from DOD O&M, procurement, and RDT&E accounts. Terminates Fund use authority on the last day of the third fiscal year following the enactment of this Act. Prohibits any Fund expenditures until the Secretary certifies to the defense and appropriations committees that DOD has developed and implemented an expedited review process in compliance with provisions of the Skelton Act.
(Sec. 864) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to include associated support services within DOD use of rapid acquisition and deployment procedures for urgently needed supplies.
(Sec. 865) Authorizes the Under Secretary to designate a single contracting activity inside the United States to act as the lead contracting activity for the use of domestic capabilities in support of overseas contracting for Operations Enduring Freedom and New Dawn. Authorizes the head of the designated contracting activity, when awarding such a contract inside the United States, to use the larger overseas micro-purchase and simplified acquisition thresholds in the same manner and to the same extent as if the contract were to be awarded outside the United States.
(Sec. 866) Requires that the Quadrennial Defense Review, National Military Strategy, and other major military planning documents address the expected roles and responsibilities of contractors in military operations and risks associated with the assignment of functions to contractors.
Subtitle E: Other Matters - (Sec. 881) Extends, to include by way of direct appropriation or deposit, the availability of funds in the Defense Acquisition Workforce Development Fund.
(Sec. 882) Revises the delegation of authority for determinations on the DOD making of cooperative research and development agreements with NATO and other U.S.-friendly countries and organizations.
(Sec. 883) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the Civil Reserve Air Fleet program.
(Sec. 884) Authorizes DOD to acquire right-hand drive passenger vehicles, at a cost of up to $40,000 each. Requires such cost limit to be adjusted annually for inflation.
(Sec. 885) Amends the Small Business Act to extend through FY2018: (1) the Small Business Innovation Research (SBIR) program, (2) the Small Business Technology Transfer (STTR) program, and (3) the small business commercialization pilot program. (This section is subsequently repealed by sec. 5003.)
(Sec. 886) Amends the NDAA for Fiscal Years 1990 and 1991 to extend through FY2014 a test program for the negotiation of comprehensive small business subcontracting plans. Extends an associated report requirement.
(Sec. 887) Amends the NDAA for Fiscal Year 1991 to extend through FY2015 the DOD mentor-protege pilot program.
(Sec. 888) Directs the Secretary to report to the defense committees on fire-resistant and fire-retardant fibers and materials used in military products.
(Sec. 889) Requires the Secretary to either redesignate the Evolved Expendable Launch Vehicle program as a major defense acquisition program (MDAP) not in the sustainment phase, or require such program to provide to the: (1) defense and appropriations committees specified cost, schedule, and performance information as if it were a MDAP; and (2) Under Secretary a quarterly cost and status report and earned value management data.
(Sec. 890) Directs the Under Secretary to: (1) assess the current and long-term availability within the United States and international industrial base of critical equipment, components, and materials needed to support current and future U.S. military requirements for night vision image intensification sensors; and (2) submit assessment results to Congress.
(Sec. 891) Requires the Secretary, concurrent with the FY2013 defense budget, to submit specified information concerning implementation of the DOD acquisition strategy for the Evolved Expendable Launch Vehicle. Directs the CG to submit to the defense and appropriations committees an assessment of the Secretary's information and recommendations.
(Sec. 892) Directs DOD to submit to the defense, appropriations, and foreign relations committees an assessment of the impact of foreign boycotts on the defense industrial base.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Requires the Deputy Secretary of Defense to be appointed from among those most highly qualified by background and experience, including management experience.
(Sec. 902) Directs the Secretary to designate a senior DOD official with principal responsibility for DOD airship programs, and to set forth appropriate responsibilities of the position.
(Sec. 903) Requires each department Secretary to enter into a memorandum of agreement with the Commander of the Special Operations Command establishing procedures for the synchronization of general purposes forces with the training and deployment cycle of special operations forces.
(Sec. 904) Establishes the positions of Commandant and Provost and Academic Dean at the Air Force Institute of Technology, with appropriate qualifications and responsibilities. Provides a five-year term for each, but authorizes an additional five-year term for the Commandant.
(Sec. 905) Makes permanent DOD authority: (1) for the direct hiring of scientists and engineers for defense laboratory positions, (2) to fund defense laboratories for research and development of technologies for military missions, and (3) for unspecified minor military construction projects related to defense laboratory revitalization. Requires the Secretary to: (1) assess current requirements of defense laboratories for the revitalization and recapitalization of infrastructure, and (2) submit an interim and final report to the defense and appropriations committees on such assessment.
(Sec. 906) Directs the Secretary to: (1) assess current and potential mechanisms to permit DOD to employ non-U.S. citizens with critical scientific and technical skills vital to U.S. national security interests, and (2) submit an interim and final report to the defense and appropriations committees on such assessment.
(Sec. 907) Expresses the sense of Congress encouraging DOD to continue the use and enhancement of modeling and simulation across the spectrum of defense activities, including acquisition, analysis, experimentation, intelligence, planning, medical, test and evaluation, and training.
(Sec. 908) Expresses the sense of Congress that the successor organization to the United States Joint Forces Command, the Joint Warfighting and Coalition Center, should establish close ties with the Allied Command Transformation command of NATO.
(Sec. 909) Directs the Secretary to submit to the defense and appropriations committees a description and assessment of the effects of planned personnel reductions at the Joint Warfare Analysis Center.
Subtitle B: Space Activities - (Sec. 911) Authorizes the Secretary, in order to assist the Secretary of Transportation with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to: (1) maximize the use of DOD STI by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Establishes the Defense Cooperation Space Launch Account for such purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
(Sec. 912) Provides that if the Secretary determines that a MDAP to purchase space vehicles requires delivery in two or more increments, the Secretary may designate each increment as a major subprogram for purposes of acquisition reporting requirements.
(Sec. 913) Expresses the sense of Congress on the importance of the reliable, uninterrupted provision of precision navigation and timing signals by Global Positioning System (GPS) satellites owned and operated by DOD. Directs the Secretary to: (1) assess the ability of national security GPS receivers to receive signals without interruption or interference, and determine if commercial communications services are or will cause interference with such signals; and (2) notify the defense and appropriations committees upon a positive determination of interruption or interference.
Subtitle C: Intelligence Matters - (Sec. 921) Authorizes the Secretary to allow the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services relating to areas outside the United States to a nongovernmental organization or academic institution engaged in geospatial information research or production of such areas.
(Sec. 922) Authorizes the Secretary to maintain, repair, and exercise jurisdiction over a facility if necessary to provide security for authorized DOD intelligence collection or special operations activities abroad.
(Sec. 923) Requires the Director of the Defense Information Systems Agency to implement a mechanism to publish and maintain on the public Internet specified information on and resources for the Ozone Widget Framework in order to permit individuals and companies to develop, integrate, and test analysis tools and applications for use by DOD and elements of the intelligence community. Requires such Director to encourage and foster the use of such Framework by the computer industry and commercial information technology vendors.
(Sec. 924) Directs the Under Secretary of Defense for Intelligence to: (1) develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise, (2) conduct a pilot program to demonstrate its capability to perform specified functions, and (3) report to the defense, appropriations, and intelligence committees on incorporation actions taken.
Subtitle D: Cybersecurity Matters - (Sec. 931) Requires the Secretary to: (1) develop and implement a plan to augment the cybersecurity strategy of DOD through the acquisition of advanced capabilities to discover and isolate penetrations and attacks that were previously unknown and for which signatures have not been developed for incorporation into computer intrusion detection and prevention systems and anti-virus software systems, and (2) report to the defense and appropriations committees on such plan.
(Sec. 932) Directs the Secretary to carry out a program to support DOD policy on sustaining and expanding information sharing by adopting and improving technical and procedural capabilities to detect and prevent unauthorized personnel from acquiring and exporting information from classified networks. Requires annual DOD budget justification materials to include information on such program.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Revises requirements for the review and approval of expenditures for a defense business system modernization program to allow the appropriate chief management officer for the program to waive program review and approval requirements if such officer determines that the program is necessary: (1) to achieve a critical national security capability or address a critical requirement in an area such as safety or security, or (2) to prevent a significant adverse effect on a project needed to achieve an essential capability. Extends current review and approval requirements to decisions to expend funds on the O&M of existing business systems, as well as to business systems acquired with nonappropriated funds. Directs the Secretary to establish an investment review board and investment management process with respect to such programs. Extends program report requirements through 2016.
(Sec. 1003) Authorizes the Secretary to prescribe professional certification and credential standards for financial management (under current law, accounting) positions within DOD. Allows the Secretary to either: (1) require the standards to apply immediately to all DOD personnel holding financial management positions, or (2) delay the imposition of such standard for a reasonable period to permit persons holding such positions to comply.
(Sec. 1004) Requires sums received as reimbursement for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 1005) Amends the NDAA for Fiscal Year 2010 to require a complete and validated full statement of DOD budget resources by September 30, 2014.
(Sec. 1006) Directs that a DOD audit readiness plan report required under the above Act include objectives and milestones for each military department and defense agency to ensure that statements of DOD budgetary resources meet the goal of being validated for audit by the above date. Requires semiannual updates concerning progress in meeting such goal.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the NDAA for Fiscal Year 1991 to extend through FY2016 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies.
(Sec. 1012) Amends the NDAA for Fiscal Year 1998 to extend through FY2017 DOD support for counterdrug activities of certain foreign governments. Increases the maximum annual expenditure limit. Provides 13 additional countries eligible for such support.
(Sec. 1013) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2012 a reporting requirement on expenditures to support foreign counter-drug activities.
(Sec. 1014) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Provides a FY2012 limitation on the use of such authority.
(Sec. 1015) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2012 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Prohibits the obligation or expenditure of funds to place a Maritime Prepositioning Ship squadron or component on reduced operating status until the later of the date on which: (1) the Commandant of the Marine Corps submits a report assessing the impact of such placing on military readiness, (2) the Chief of Naval Operations describes Navy plans for such placing, or (3) the Secretary certifies that the risks of such placing to readiness are acceptable.
(Sec. 1022) Amends the Warner Act to authorize the Secretary of the Navy to demilitarize the aircraft carrier John F. Kennedy in preparation for transfer to retired status. (Under current law, such Secretary is required to maintain the ship in a status that would allow its return to active service in the event of a national emergency.)
(Sec. 1023) Directs the Secretary of the Navy to maximize the safety and effectiveness of all vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting of hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to NATO and/or coalition forces operating with the Armed Forces. Directs the Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support such Agency's preparation of maps, charts, books, and geodetic products.
(Sec. 1024) Requires a report from the Secretary to Congress on the policies and practices for naming Navy vessels.
(Sec. 1025) Directs the: (1) Secretary of the Navy to conduct an analysis of the costs and benefits of stationing additional DDG-51 class destroyers at Naval Station Mayport, Florida; and (2) CG to submit to Congress an assessment of whether or not the analysis complies with applicable best practices.
(Sec. 1026) Authorizes the Secretary of the Navy to provide a specified amount to the Maritime Administration for the transfer to the Navy of two high-speed ferries for use as DOD sealift vessels.
Subtitle D: Detainee Matters - (Sec. 1031) Affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force includes the authority for U.S. Armed Forces to detain covered persons pending disposition under the law of war. Defines a "covered person" as a person who: (1) planned, authorized, committed, or aided the terrorist attacks on the United States of September 11, 2001, or harbored those responsible for such attacks; or (2) was part of or substantially supported al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners. Requires the Secretary to regularly brief Congress on the application of such authority.
(Sec. 1032) Requires U.S. Armed Forces to hold in custody pending disposition a person who was a member or part of al Qaeda or an associated force and participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. Authorizes the Secretary to waive such requirement in the national security interest. Makes such requirement inapplicable to U.S. citizens or U.S. lawful resident aliens. Outlines implementation procedures.
(Sec. 1033) Prohibits FY2012 DOD funds from being used to transfer any individual detained at Naval Station, Guantanamo Bay, Cuba (Guantanamo) to the custody or control of that individual's country of origin, other foreign country, or foreign entity unless the Secretary makes a specified certification to Congress, including that the transferee country or entity is not a state sponsor of terrorism or terrorist organization and has agreed to ensure that the individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits any such transfer if there is a confirmed case of an individual who was transferred to a foreign country and subsequently engaged in terrorist activity. Authorizes the waiver of such prohibition in the national security interest.
(Sec. 1034) Prohibits FY2012 funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual detained at Guantanamo for purposes of detention or imprisonment by DOD, unless authorized by Congress. Provides an exception.
(Sec. 1035) Directs the Secretary to submit to the defense and intelligence committees procedures for implementing the periodic Guantanamo detainee review process required under Executive Order.
(Sec. 1036) Directs the Secretary to submit to such committees: (1) procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force, and (2) any modifications to such procedures.
(Sec. 1037) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
Subtitle E: Miscellaneous Authorities and Limitations - (Sec. 1041) Directs the Secretary to protect the buildings, grounds, and property under DOD jurisdiction or control, and the persons on that property. Authorizes the Secretary to designate military or DOD civilian personnel to perform such functions. Empowers those so designated to enforce federal laws, carry firearms, and make arrests while carrying out such duties.
(Sec. 1042) Makes technical corrections relating to the Military Commissions Act of 2009.
(Sec. 1043) Authorizes the Secretary to carry out: (1) reintegration activities for DOD personnel recovered after detention in isolation or captivity by a hostile force while participating in or associated with a U.S.-sponsored military activity or mission; and (2) post-isolation activities on behalf of such individuals, military or civilian officers or employees of an allied or coalition partner, or other U.S. or foreign nationals.
(Sec. 1044) Authorizes the Secretary to exempt certain information from disclosure under the Freedom of Information Act upon a determination that: (1) the information is DOD critical infrastructure security information, and (2) the public interest in its disclosure does not outweigh the government's interest in withholding the information from the public. Includes in such exemption: (1) critical infrastructure security information provided to state or local first responders in emergencies; and (2) files of the military flight operations quality assurance systems of the military departments that, if disclosed, would reveal sensitive information regarding the tactics or capabilities of combat aircraft, units, or crews.
(Sec. 1045) Defines "CRAF-eligible aircraft" for purposes of the Civil Reserve Air Fleet program.
(Sec. 1046) Authorizes the Secretary to carry out a program to assign DOD civilian employees as advisors to the ministries of defense of foreign countries and international peace and security organizations. Terminates such authority at the end of FY2014. Requires: (1) annual reports during such period from the Secretary to the defense committees on program activities, and (2) a one-time report from the CG assessing the effectiveness of advisory services provided under the program.
(Sec. 1047) Directs the President to conduct an assessment of current and proposed nuclear forces of the United States and other countries to determine whether U.S. nuclear forces can meet its goals of nuclear deterrence, assurance of allies, and defense. Requires such assessment to be submitted to the defense and appropriations committees. Directs that such assessment take place upon a proposal: (1) to reduce the number of U.S.-deployed nuclear weapons below the level described in a treaty between the United States and Russia signed in 2010, or (2) to reduce, before 2022, the number of non-deployed nuclear weapons held by the United States as a hedge.
(Sec. 1048) Authorizes the Secretary to administer the Troops-to-Teachers program during FY2012. Directs the Secretaries of Defense and Education to jointly report to the defense and education committees on such program.
(Sec. 1049) Expands the authority of the Secretary to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations.
Subtitle F: Repeal and Modification of Reporting Requirements - Part I: Repeal of Reporting Requirements - (Sec. 1061) Repeals various DOD reports under armed forces and pay and allowance provisions and defense authorization Acts.
Part II: Modification of Existing Reporting Requirements - (Sec. 1066) Reduces and/or revises DOD report requirements under armed forces provisions, defense authorization Acts, and the Small Business Act.
Subtitle G: Other Study and Report Matters - (Sec. 1071) Amends the NDAA for Fiscal Year 2010 to reduce from five to three the number of required CG reports concerning a joint DOD-VA agreement on administration of a Navy ambulatory care center and related facilities in North Chicago, Illinois.
(Sec. 1072) Directs the President to: (1) submit to Congress a plan to implement the organizational goals recommended in the National Security Strategy-May 2010, and (2) annually update the plan.
(Sec. 1073) Directs the Secretary to biennially: (1) assess the safety, security, sustainability, performance, and military effectiveness of each type of platform for the delivery of nuclear weapons and of the U.S. nuclear command and control system; and (2) report to the defense and appropriations committees on such assessment.
(Sec. 1074) Expresses the sense of Congress on the need for sustained investments in the U.S. nuclear weapons stockpile and nuclear security complex. Requires an annual report from the Secretary to the defense and appropriations committees on the nuclear weapons stockpile.
(Sec. 1075) Expresses the sense of Congress that any future modification to the U.S. nuclear employment strategy should maintain or enhance the ability of U.S. nuclear forces to support goals relating to nuclear deterrence, extended deterrence, assurance for allies, and the defense of the United States. Directs the President, any time after issuing a nuclear employment strategy that differs from the current one, to report to Congress on such modifications and an assessment of their effects on U.S. nuclear posture.
(Sec. 1076) Directs the Secretary to: (1) conduct a study examining the availability of military and civilian personnel for DOD defensive and offensive cyberspace operations, and (2) report study results to the defense and appropriations committees.
(Sec. 1077) Directs the Secretary of Commerce to submit to Congress the results of a review of current restrictions on the resolution of electro-optical imagery collected from satellites that commercial companies may sell or disseminate. Requires the Director of National Intelligence (DNI) to submit to the defense, appropriations, and intelligence committees an assessment of benefits and risks of relaxing such restrictions, along with recommendations for protecting national security-related information in the event of restriction relaxation.
(Sec. 1078) Directs the Secretary to report to Congress on the integration of unmanned aircraft systems into the national airspace system.
(Sec. 1079) Requires: (1) the Secretary to commission an independent entity to assess U.S. security interests in East Asia and the Pacific region, and (2) the entity selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Authorizes appropriations.
(Sec. 1080) Directs the Secretary of the Army to report to the defense and appropriations committees on the plan and implementation status of recommendations contained in the Final Report of the 2010 Army Acquisition Review Panel.
(Sec. 1080A) Requires the Secretary of the Air Force to report to such committees on the feasibility of using unmanned aerial systems to perform airborne flight inspection of electronic signals-in-space from ground-based navigational aids that support aircraft in foreign airspace during U.S. military operations.
(Sec. 1080B) Directs the CG to: (1) review DOD programs and organizations related to medical research and development in support of improved casualty care in the field, and (2) report review results to the defense and appropriations committees.
(Sec. 1080C) Requires the President to report to Congress on any proposed modification of force structure for U.S. strategic nuclear weapons delivery systems.
(Sec. 1080D) Directs the CG, during 2013 through 2018, to submit to specified congressional committees an assessment of the performance of the major automated information system programs of DOD. Requires a preliminary report, together with briefings, on the metrics to be used to perform such assessment.
(Sec. 1080E) Requires the CG to: (1) study unnecessary redundancies, inefficiencies, and gaps in DOD science and technology programs; and (2) submit study results to the defense and appropriations committees.
(Sec. 1080F) Directs the CG to: (1) assess DOD science, technology, engineering, and math initiatives; and (2) submit assessment results to such committees.
(Sec. 1080G) Requires the Secretary to report to such committees on DOD analytical capabilities regarding threats from foreign ballistic missiles of all ranges.
(Sec. 1080H) Directs the Secretary to report to Congress on the approved Air Sea Battle Concept, and a plan for Concept implementation.
(Sec. 1080I) Requires the Secretary of the Air Force to: (1) conduct an analysis of the effects of changing flag officer positions within the Air Force Materiel Command, and (2) submit analysis results to the defense and appropriations committees. Directs the CG to submit to Congress an assessment of such Secretary's report.
Subtitle H: Other Matters - (Sec. 1081) Redesignates military psychological operations as military information support operations.
(Sec. 1082) Amends the David L. Boren National Security Education Act of 1991 to terminate the requirement that civilian members of the National Security Education Board be appointed by and with the advice and consent of the Senate.
(Sec. 1083) Redesignates the Industrial College of the Armed Forces as the Dwight D. Eisenhower School for National Security and Resource Strategy.
(Sec. 1084) Designates the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for administrative and governance purposes.
(Sec. 1085) Expresses the sense of the Senate that the moratorium on congressionally-directed spending items in the Senate and on congressional earmarks in the House of Representatives be fully enforced in this Act.
(Sec. 1088) Directs the Secretary and the Secretary of Transportation to jointly: (1) conduct a study of actions to improve the transition of members of the Armed Forces with experience in the operation of certain military vehicles into careers operating commercial motor vehicles in the private sector, and (2) report study findings to Congress.
(Sec. 1089) Amends the Clean Air Act to exempt a substance listed as acceptable for use as a fire suppression agent for nonresidential applications from the prohibition against introducing into interstate commerce or using any class II substance (specified hydrochlorofluorocarbons).
(Sec. 1090) Directs the Secretary to seek to establish exchanges between acquisition and procurement officials of DOD and defense officials of the government of India in order to increase mutual understanding regarding best practices in defense acquisition.
(Sec. 1091) Requires the Secretary to submit with FY2013 budget justification materials a long-term plan for maintaining a minimal capacity to produce intercontinental ballistic missile solid rocket motors.
(Sec. 1092) Directs the Secretary and the Secretary of Homeland Security to provide personnel, equipment, and facilities to increase interdepartmental collaboration with respect to strategic planning for U.S. cybersecurity, mutual support for cybersecurity capabilities development, and synchronization of current cybersecurity mission activities.
(Sec. 1093) Requires reemployment and other employment benefits for individuals ordered to full-time National Guard duty (other than for training) when authorized by the President or Secretary to respond to a national emergency declared by the President and supported by federal funds.
Title XI: Civilian Personnel Matters - (Sec. 1101) Allows each Secretary concerned (under current law, only the Secretary of Defense) to employ without pay up to ten individuals possessing outstanding experience and ability.
(Sec. 1102) Authorizes the Secretary to continue to pay, through FY2014, the federal share and administrative fees for temporary continuation of coverage health insurance premiums for former DOD employees enrolled in such coverage and separated due to a reduction in force.
(Sec. 1103) Authorizes the Secretary to waive repayment of voluntary separation incentive pay in the case of employees who accepted a reassignment with DOD during the period beginning on April 1, 2004, and ending on May 1, 2008, and had received written assurance that such repayment would not be required or would be waived.
(Sec. 1104) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to: (1) make permanent a temporary experimental personnel management program for technical positions at the Defense Advanced Research Projects Agency (DARPA), and (2) increase from 40 to 50 the number of additional positions authorized for DARPA due to increased need. Allows up to ten of the additional positions to be allocated for scientific and engineering positions in the Office of the Director of Operational Test and Evaluation.
(Sec. 1105) Allows a federal employee to designate any person to receive all (under current law, up to 50%) or any portion of their death gratuity in the event that such employee dies in connection with service with the Armed Forces in a contingency operation. Requires the appropriate agency head to notify the spouse in the event the employee does not choose the spouse as the beneficiary of a full death gratuity.
(Sec. 1106) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2013 DOD authority to grant allowances, benefits, and gratuities to federal employees performing official duty in a combat zone.
(Sec. 1107) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to extend through FY2012 the authority of the head of a federal agency to waive the annual limitations on premium pay and aggregate pay for employees working abroad.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Expands the scope of authorized DOD humanitarian demining assistance to certain friendly foreign countries to include stockpiled conventional munitions assistance.
(Sec. 1202) Amends the NDAA for Fiscal Year 2006 to extend through FY2012 the Commanders' Emergency Response Program (urgent humanitarian relief and reconstruction projects in Afghanistan).
(Sec. 1203) Amends the Warner Act to extend through FY2014 the temporary authority to use acquisition and cross-servicing agreements to lend personnel protection equipment to allied forces during coalition operations or for pre-deployment training in preparation for such operations.
(Sec. 1204) Amends the Skelton Act to extend through FY2012 DOD authority to provide assistance to enhance the ability of the Yemen Ministry of Interior Counter Terrorism Forces to conduct counterterrorism operations against al Qaeda and its affiliates in the Arabian Peninsula. Provides funding from DOD O&M funds. Directs the Secretary and the Secretary of State to jointly notify the defense, foreign relations, and appropriations committees 60 days in advance of the provision of such assistance.
(Sec. 1205) Amends the Reagan Act to extend through FY2017 DOD authority to support or facilitate U.S. operations to combat terrorism.
(Sec. 1206) Limits to $100 million the obligation and expenditure of FY2012 funds to train and equip certain foreign military forces until the Secretaries of Defense and State submit a global partnership authorities report required under the Hunter Act.
(Sec. 1207) Establishes in the Treasury the Global Security Contingency Fund to allow either the Secretary of Defense or State to provide assistance: (1) to enhance the capabilities of a foreign country's national military forces and other forces that conduct border and maritime security, internal defense counterterrorism, or peace support operations consistent with U.S. foreign policy and national security interests; and (2) for the justice sector (including law enforcement and prisons) of such countries. Authorizes transfers to such Fund from other foreign assistance and related funds. Provides a $300 million annual limit on the amount of funds appropriated and transferred to the Fund. Requires: (1) the Secretary to notify the defense, foreign relations, and appropriations committees 15 days in advance of the provision of such assistance, and (2) quarterly reports from such Secretaries on the use of such funds. Terminates such authority at the end of FY2014.
(Sec. 1208) Authorizes the Secretary, during FY2012-FY2013, to provide assistance to enhance the capacity of: (1) the national military forces, defense security agencies, and border security forces of Djibouti, Ethiopia, and Kenya to conduct counterterrorism operations against al Qaeda and its affiliates and al Shabaab; and (2) national military forces participating in the African Union Mission in Somalia to conduct such operations. Provides funding from DOD O&M funds. Requires the Secretary to notify the defense, foreign relations, and appropriations committees 30 days in advance of providing such assistance.
(Sec. 1209) Authorizes the Secretary, during FY2012-FY2013, to provide logistic support, supplies, and services, and intelligence support for forces, including the national military forces of Uganda, participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army. Allows the participation of U.S. personnel only for self-defense or rescuing U.S. citizens. Provides funding from DOD O&M funds. Requires: (1) the Secretary to notify the above committees within five days after the provision of such support, and (2) the Secretaries of Defense and State to report quarterly to such committees on the obligation of funds for such support.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1221) Amends the NDAA for Fiscal Year 2008 to extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations. Increases the amount of such funding. Limits FY2012 funding until Congress receives a report required under the Skelton Act concerning coalition support authorities.
(Sec. 1222) Amends the NDAA for Fiscal Year 2010 to extend through 2012 DOD authority to transfer defense articles, and provide defense services in connection with such transfer, to the military and security forces of Iraq and Afghanistan. Extends required quarterly reports.
(Sec. 1223) Amends the NDAA for Fiscal Year 2010 to extend through FY2012 certain authorities regarding the use of the Pakistan Counterinsurgency Fund to build the counterinsurgency capabilities of the Pakistan security forces.
(Sec. 1224) Amends the Skelton Act to extend through 2012 DOD authority to use funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1225) Amends the Skelton Act to: (1) extend through FY2012 DOD authority to develop and carry out certain infrastructure projects in Afghanistan, and (2) reduce from 30 to 15 days the required advanced congressional notification of such projects.
(Sec. 1226) Amends the NDAA for Fiscal Year 2008 to: (1) extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations, (2) increase the authorized amount for such reimbursements, and (3) extend through FY2013 required congressional notification of reimbursement to Pakistan for military support.
(Sec. 1227) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 reports concerning: (1) progress toward security and stability in Afghanistan, and (2) a long-term plan for sustaining the Afghanistan National Security Forces.
(Sec. 1228) Authorizes the Secretary to provide support for operations and activities of the Office of Security Cooperation in Iraq and for security assistance teams in Iraq. Limits FY2012 funding for such support. Provides such funding through DOD O&M funds.
(Sec. 1229) Directs the President to: (1) establish, and periodically update, a set of benchmarks to evaluate progress in transitioning security responsibilities in Afghanistan to their government by December 31, 2014; (2) devise a plan for expediting the drawdown of U.S. combat troops in Afghanistan and accelerating the transfer of security to Afghan authorities; and (3) include the most current benchmarks in required annual reports on progress toward security and stability in Afghanistan.
(Sec. 1230) Prohibits funds from the Pakistan Counterinsurgency Fund from being made available for the government of Pakistan until the Secretary certifies to the defense, appropriations, and foreign relations committees that Pakistan is demonstrating a continuing commitment toward implementing a strategy to counter improvised explosive devices. Authorizes the Secretary to waive such prohibition in the national security interest.
(Sec. 1231) Directs the Secretary to submit to the above committees an assessment of the effectiveness of Coalition Support Fund reimbursements to Pakistan for operations conducted in support of Operation Enduring Freedom.
Subtitle C: Reports and Other Matters - (Sec. 1241) Requires the Under Secretary of Defense for Policy to report to the defense committees on progress of the African Union in operationalizing the African Standby Force.
(Sec. 1242) Directs the CG to report to the defense committees on the National Guard State Partnership program.
(Sec. 1243) States U.S. policy with respect to reducing and mitigating the threat posed by man-portable air-defense systems (systems) that were in Libya as of March 19, 2011. Requires the DNI, within 45 days after the enactment of this Act, to submit to the defense, foreign relations, and intelligence committees an intelligence community assessment of the threat posed by, and the possible disposition of, such systems. Directs the President to: (1) develop and implement, and periodically update, a comprehensive strategy to reduce and mitigate such threat posed to U.S. citizens and U.S. allies; and (2) submit such strategy to such committees.
(Sec. 1244) Requires the President to develop and submit to the defense, appropriations, and foreign relations committees a plan for the normalization of U.S. defense cooperation with the Republic of Georgia, including the sale of defensive arms.
(Sec. 1245) Designates the financial sector of Iran, including the Central Bank of Iran (CBI), as of primary money laundering concern for purposes of the implementation of U.S. international counter-money laundering procedures. Directs the President to block and prohibit all transactions in property and interests of Iranian financial institutions if such property and interests are in the United States, come within the United States, or come within the possession or control of a U.S. person. Requires the President to prohibit opening or maintaining in the United States an account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the CBI or another Iranian financial institution designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Authorizes the President to impose other sanctions pursuant to such Act. Provides sanction exceptions with respect to the sale of food, medicine, and medical devices. Provides for the applicability of sanctions with respect to other foreign central banks, and with respect to petroleum transactions. Provides sanction exceptions. Authorizes the President to waive such sanctions for up to two 120-day periods for national security purposes, with a required justification to Congress for each waiver. Directs the President to carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran to take certain actions to hamper Iran's ability to use such proceeds for the purchase of certain military or dual-use technology. Requires semiannual reports from the President to Congress on the initiative.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Prohibits more than $500,000 of the FY2012 CTR funds from being obligated or expended to establish a center of excellence in any country not a state of the former Soviet Union until 15 days after the Secretary notifies the defense and appropriations committees.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2012 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) the Defense Health Program, (4) chemical agents and munitions destruction, (5) drug interdiction and counter-drug activities, and (6) the Defense Inspector General.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2012, to obligate up to $50,107,320 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase and extend through 2016 DOD authority to sell NDS materials.
Subtitle C: Armed Forces Retirement Home - Part I: Authorization of Appropriations - (Sec. 1421) Authorizes appropriations for FY2012 for the Armed Forces Retirement Home.
Part II: Armed Forces Retirement Home Authorities - (Sec. 1423) Requires the Chief Operating Officer of the Armed Forces Retirement Home (Home), when securing accreditation of a Home facility that exceeds one year, to seek accreditation for every year after that first year that the DOD Inspector General does not conduct an inspection of that facility.
(Sec. 1424) Revises oversight and reporting responsibilities of the Home's Senior Medical Advisor.
(Sec. 1425) Establishes an Armed Forces Retirement Home Advisory Council (to replace local boards of trustees for each Home facility). Requires the Council to report annually to the Secretary on its activities.
(Sec. 1426) Replaces the Home Director, Deputy Director, and Associate Director with a Home Administrator and an Ombudsman.
(Sec. 1427) Increases, from annually to not less than every three years, the authorized interval between DOD Inspector General inspections of each Home facility. Increases intervals with respect to certain other inspection requirements.
(Sec. 1428) Repeals obsolete transitional provisions concerning the Armed Forces Retirement Home Board and facility directors and deputy directors.
(Sec. 1429) Makes technical, conforming, and clerical amendments to the Armed Forces Retirement Home Act of 1991 to conform to changes made under this Part.
Subtitle D: Other Matters - (Sec. 1431) Earmarks specified funds for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
Title XV: Authorization of Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2012 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Other Matters - (Sec. 1531) Amends the Skelton Act to extend into 2012 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Allows project activities to include facilitating private investment, mining sector development, industrial development, and other projects determined to strengthen stability or provide strategic support to the counterinsurgency campaign in Afghanistan. Allows as additional Task Force members representatives of the State Department and the United States Agency for International Development (USAID).
(Sec. 1532) Requires funds authorized for the Afghanistan Security Forces Fund in FY2012 to be subject to Fund use and other conditions enumerated under the NDAA for Fiscal Year 2008. Allows assistance provided to include literacy instruction and training to build the capacity of military and civilian personnel of Afghanistan's Ministry of Defense and Ministry of Interior.
(Sec. 1533) Prohibits the use of funds for DOD's Trans Regional Web Initiative until the Secretary makes certain certifications to the defense committees.
(Sec. 1534) Directs the Secretary to report to the defense and appropriations committees on lessons learned from DOD participation on interagency teams for counterterrorism operations in Afghanistan and Iraq.
Title XVI: National Guard Empowerment - National Guard Empowerment and State-National Defense Integration Act of 2011 - (Sec. 1602) Reestablishes the position of Vice Chief of the National Guard Bureau (Vice Chief). Terminates the position of Director of the Joint Staff of the National Guard Bureau (Director) and transfers existing duties of the Director to the Vice Chief.
(Sec. 1603) Adds the Chief of the National Guard Bureau (Chief) to the Joint Chiefs of Staff.
(Sec. 1604) Directs the Administrator of the Federal Emergency Management Agency (FEMA) to continue the Task Force for Emergency Readiness (TFER) pilot program as a permanent FEMA program. Requires the Administrator to carry out the program in at least five states in addition to the five states in which the program is carried out as of the enactment of this Act. Requires the Chief to: (1) identify any gaps in state civilian and military response capabilities that federal military capabilities are unprepared to fill; (2) notify the Secretary and the respective Commanders of the U.S. Northern and Pacific Commands of any such gaps; and (3) assist states in developing state plans on responses to catastrophic disaster emergencies. Requires the Administrator and the Chief to report annually to the defense and homeland security committees on TFER program activities.
(Sec. 1605) Directs the Secretary to report to the defense and appropriations committees analyzing the costs of units of the regular Armed Forces in comparison to the costs of similar units of the reserves. Directs the CG to review such analysis and report review results to such committees.
(Sec. 1606) Requires each future-years defense program to display separately the estimated expenditures for equipment for each reserve component that will receive items in any fiscal year covered by such program.
(Sec. 1607) States that the U.S. Northern and Pacific Commands shall be the combatant commands principally responsible for the military support of civil authorities in the United States. Requires the Commander of each Command and the Chief to enter into a memorandum of understanding setting forth the operational relationships, and individual roles and responsibilities, during responses to domestic emergencies among such Commands and the National Guard Bureau.
(Sec. 1608) Requires the officers serving as Commander of Army North Command and Commander of Air Force North Command to be officers in the Army National Guard and Air National Guard, respectively.
(Sec. 1609) Directs the Secretary to modify specified regulations prescribed pursuant to the NDAA for Fiscal Year 2010 to provide for the use of available appropriated state partnership program funds for contacts between members of the National Guard and civilian personnel of foreign governments outside the ministry of defense on matters within the core competencies of the National Guard.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2012 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2014, or the date of enactment of an Act authorizing funds for military construction for FY2015, whichever is later, with an exception.
Title XXI [sic]: Army - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2105) Revises construction authority under certain prior-year military construction projects.
(Sec. 2108) Authorizes the Secretary of the Army to carry out a military construction project at Fort Irwin, California.
(Sec. 2109) Extends certain prior-year military construction projects.
(Sec. 2112) Reduces by $100 million prior-year Army military construction funds.
(Sec. 2113) Prohibits funds from being obligated or expended for tour normalization until: (1) the Director of Cost Assessment and Program Evaluation conducts an analysis of alternatives, (2) the Secretary of the Army submits to the defense and appropriations committees a master plan for completing all phases of tour normalization, and (3) legislation enacted after the enactment of this Act authorizes the obligation of funds for such purpose.
Title XXII: Navy - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Extends certain prior-year military construction projects.
(Sec. 2207) Reduces by $25 million prior-year Navy military construction funds.
(Sec. 2208) Prohibits the use of funds authorized under this title, or provided by Japan, to implement the realignment of U.S. Marine Corps forces from Okinawa to Guam until: (1) the Commandant of the Marine Corps provides to the defense and appropriations committees the preferred force lay-down for the U.S. Pacific Command area of responsibility; (2) the Secretary submits to the defense and appropriations committees a master plan for the construction of facilities and infrastructure to execute the preferred force lay-down on Guam; (3) the Secretary certifies to such committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma; and (4) a plan is provided to such committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure on Guam affected by the realignment.
Title XXIII: Air Force - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Revises a certain prior-year military construction project.
(Sec. 2306) Extends a certain prior-year military construction project.
(Sec. 2307) Reduces by $32 million prior-year Air Force military construction funds.
Title XXIV: Defense Agencies - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of DOD.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2011 for military construction and land acquisition for chemical demilitarization for the construction of: (1) phase 13 of a chemical munitions demilitarization facility at Pueblo Chemical Activity, Colorado; and (2) phase 12 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky.
(Sec. 2412) Reduces by $131 million prior-year DOD military construction funds.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2011 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2011 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2607) Extends certain prior-year National Guard and reserve military construction projects.
(Sec. 2609) Revises a certain prior-year military construction project.
Title XXVII: Base Closure and Realignment Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2011 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2011 for such purpose.
(Sec. 2704) Reduces by $100 million prior-year base closure and realignment activities funds.
Title XVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Authorizes the Secretaries concerned, in the national interest, to transfer up to $400 million of FY2012 military construction funds between any such authorizations for that military department or defense agency. Requires prompt notification to the defense and appropriations committees of each transfer.
(Sec. 2802) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2012 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2803) Authorizes the Secretary to use Pentagon Reservation Maintenance Revolving Fund amounts to support construction or alteration activities at the Pentagon within the unspecified minor construction project limits.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the exchange (under current law, the conveyance) of property at or near military installations for land acquisition purposes. Makes such authority permanent (under current law, ends at the end of FY2013).
(Sec. 2812) Authorizes the use of the DOD readiness and environmental protection initiative authority to protect areas near military installations from encroachment that is incompatible with the mission of the installation. Allows for lump-sum payments by the United States for property acquired under such authority.
(Sec. 2813) Includes sustainability of military operations as an authorized purpose of wildlife studies conducted under DOD conservation and cultural activities. Allows, under such activities, the implementation of ecosystem-wide land management plans.
Subtitle C: Land Conveyances - (Sec. 2821) Amends the MCAA for 2010 to: (1) make a technical correction with respect to a land conveyance at Camp Joseph T. Robinson, Arkansas; and (2) revise the Secretary of the Navy's authority with respect to a land conveyance at Camp Caitlin and the Ohana Nui areas, Hawaii.
(Sec. 2823) Authorizes the Secretary of the Air Force to convey to: (1) the city of Anchorage, Alaska, specified real property at the Joint Base Elmendorf Richardson, Alaska (Joint Base), for solid waste management, alternative energy production, and related activities; and (2) the Eklutna Alaska Native village corporation specified real property in Anchorage, for any use compatible with Joint Base purposes.
Subtitle D: Other Matters - (Sec. 2831) Directs the Secretary of the Navy to submit to the defense and appropriations committees a plan to address the facilities and infrastructure requirements at each Navy public shipyard.
(Sec. 2832) Prohibits a DOD department, agency, or component, during the period beginning on the date of enactment of this Act and ending on May 1, 2012, from obligating funds for a data server, upgrade, farm, or center unless approved by the DOD Chief Information Officer (CIO) or the appropriate department, agency, or component chief information officer designated by the CIO. Requires, after May 1, 2012, any obligation of funds for such purpose to be in conformance with a performance plan for the reduction of resources required for data servers and centers, as submitted by the Secretaries of the military departments and the heads of the defense agencies. Requires the CIO, after such submission, to submit to the defense and appropriations committees a DOD-wide performance plan. Provides an exception to the requirements of this section with respect to such DOD intelligence components that are funded through the National Intelligence Program as the CIO considers appropriate. Directs the CIO, annually through 2016, to report to the defense, appropriations, and intelligence committees on cost savings, reductions, avoidances, and performance gains achieved as a result of activities taken under this section.
(Sec. 2833) Amends the MCAA for Fiscal Year 1997 to redesignate the Mike O'Callaghan Federal Hospital (Nevada) as the "Mike O'Callaghan Federal Medical Center."
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2012 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the Atomic Energy Defense Act to terminate the requirement of an annual independent "red team" review of the security and vulnerabilities of computers at national laboratories, as well as a National Counterintelligence Policy Board annual report on review results. Requires instead the Secretary of Energy (Secretary, for purposes of this title) to conduct such annual review and report review results to the defense and appropriations committees only when a significant vulnerability is discovered.
(Sec. 3112) Amends the National Nuclear Security Administration Act to direct the Secretary to: (1) review the CG's assessment of budget requests with respect to the modernization and refurbishment of the DOE nuclear security complex, and (2) report review results to the defense and appropriations committees.
(Sec. 3113) Allows the Secretary to procure no more than one aircraft using DOE weapons activities funds for any fiscal year before FY2013.
(Sec. 3114) Limits to $500,000 the amount of DOE nuclear nonproliferation funds that may be used to establish a center of excellence in a country not a state of the former Soviet Union until 15 days after the NNSA Administrator identifies the country involved and describes the center's purpose.
(Sec. 3115) Amends the NDAA for Fiscal Years 1992 and 1993 to recognize the museum operated by the Nevada Test Site Historical Foundation in Las Vegas, Nevada, as the official atomic testing museum of the United States.
Subtitle C: Reports - (Sec. 3121) Directs the Secretary and the NNSA Administrator to jointly submit to the defense and appropriations committees: (1) a report on the feasibility of federalizing some or all of the security protective forces contract guard workforce at specified DOE national laboratories and facilities, and (2) the CG's comments on such report.
(Sec. 3122) Requires the CG to: (1) study the value of and need for external regulation or oversight of the safety of nuclear operations and the design and construction of DOE nuclear facilities to protect the public health and safety, and (2) submit to the defense and appropriations committees an interim and final report on study results. Requires comments on such reports by the Secretary, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission (NRC).
(Sec. 3123) Directs the NNSA Administrator to submit to Congress a plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation by the end of 2013.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2012 for the Defense Nuclear Facilities Safety Board (Board).
(Sec. 3202) Directs the Board to exercise its authority to review the design of, and review and monitor construction with respect to, NNSA Project 10-D-904.
Title XXXIII: Maritime Administration - (Sec. 3301) Revises generally provisions concerning the establishment and authorization of appropriations for the Maritime Administration.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) other authorizations, including those for overseas contingency operations; (5) military construction; and (6) DOE national security programs.
Division E: SBIR and STTR Reauthorization - SBIR/STTR Reauthorization Act of 2011 - Title LI: Reauthorization of the SBIR and STTR Programs - (Sec. 5101) Amends the Small Business Act to reauthorize through FY2019 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
(Sec. 5102) Directs the SBA to maintain an Office of Technology to carry out oversight, reporting, and public database responsibilities as assigned by the SBA Administrator.
(Sec. 5103) Increases by 0.1% per year, from FY2013-FY2023, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities. Requires the Department of Defense (DOD) and Department of Energy (DOE) to use the increased amounts for activities in their departments that further the readiness levels of technologies developed under Phase II SBIR awards.
(Sec. 5104) Increases the set-aside allocation under the STTR from 0.3% to 0.6% by increasing such percentage by 0.1% every two years from FY2013-FY2017.
(Sec. 5105) Increases, for both the SBIR and STTR programs, the individual small business award levels from: (1) $100,000 to $150,000, for participation at the Phase I level; and (2) $750,000 to $1 million, for participation at the Phase II level. Changes from every five years to annually the required SBA inflation adjustment of such awards. Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
(Sec. 5106) Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
(Sec. 5107) Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
(Sec. 5108) Authorizes the Director of the National Institutes of Health (NIH), the Secretary of Energy, and the Director of the National Science Foundation (NSF), 30 days after notifying the Administrator and the congressional small business committees, to award through competitive, merit-based procedures up to 25% of their respective SBIR funds to small businesses majority-owned by multiple venture capital companies. Permits other federal agencies to award up to 15% of their SBIR funds to such small businesses. Provides conditions under which a small business which was not majority-owned by multiple venture capital companies at the time of application for an SBIR award, but is so owned on the date of the award, may still be eligible for such award. Terminates authority under this section at the end of FY2016.
Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits. Directs the Administrator to post on the SBA website information on SBIR and STTR program affiliation rules.
(Sec. 5109) Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
(Sec. 5110) Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or federally funded research and development center. Prohibits a federal agency from: (1) conditioning an award upon entering into such an agreement; (2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or (3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or federally funded research and development centers without entering into such agreements.
(Sec. 5111) Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
(Sec. 5112) Allows a small business that receives a Phase II SBIR or STTR award to receive an additional Phase II SBIR or STTR award for that project.
Title LII: Outreach and Commercialization Initiatives - (Sec. 5201) Reauthorizes through FY2016 the Federal and State Technology Partnership (FAST) program (a program of grants and cooperative agreements for strengthening the technological competitiveness of small businesses participating or desiring to participate in SBIR or STTR programs). Provides reduced matching funds requirements for FAST recipients in low-income and rural areas, recipients in one of the states receiving the fewest SBIR Phase I awards, and recipients in rural areas which are also in one of states receiving the fewest number of awards. Limits such grants and cooperative agreements to five years. Requires an annual report during such period from the Administrator to the small business committees on awards made and agreements entered into. Authorizes appropriations.
(Sec. 5202) Allows each federal agency conducting an STTR program (under current law, only an SBIR program) to contract for the provision of technical assistance to small businesses participating in that program. Extends from three to five years the authorized period of such assistance. Increases from $4,000 to $5,000 the amount authorized to be provided to SBIR or STTR participants under the first and second phases of such projects.
(Sec. 5203) Redesignates the Commercialization Pilot Program as the Commercialization Readiness Program, and includes STTR technology projects under such Program. Makes such Program permanent. Authorizes the Secretary of Defense to: (1) establish goals for the transition of phase III technologies in subcontracting plans; and (2) require prime contractors to report on the number and amount of contracts entered into for phase III SBIR or STTR projects. Directs the Secretary to: (1) establish goals for increasing the number of phase II STIR and STTR contracts awarded that lead to technology transition into programs of record or fielded systems; (2) use incentives or create new incentives to encourage agency program managers and prime contractors to meet such goals; and (3) include in a required annual report to Congress information on projects funded through the Program and efforts to transition their technologies into programs of record or fielded systems.
(Sec. 5204) Allows the head of each federal agency to allocate up to 10% of SBIR and STTR program funds to establish a pilot program: (1) for awards for technology development, testing, and evaluation of SBIR and STTR phase II technologies; or (2) to support the progress of research or research and development conducted under such programs to phase III. Outlines pilot program application requirements, and requires such agency heads to include pilot program information in required annual reports to the SBA Administrator. Terminates the pilot program at the end of FY2014.
(Sec. 5205) Establishes an independent advisory board at the National Academy of Sciences (NAS) to conduct periodic evaluations of the SBIR program at each of the NIH institutes and centers in order to improve program management through data-driven assessment. Requires the director of the NIH SBIR program to address gaps and deficiencies in data collection identified in a NAS report assessing the NIH's SBIR program. Authorizes such director to initiate a pilot program to spur innovation and test new strategies that may enhance the development of cures and therapies. Requires such director to report annually to Congress and the advisory board on NIH SBIR activities. Requires such director, to the greatest extent practicable, to reduce to 90 days the period between Phase I and II funding of grants under the NIH SBIR program. Terminates the requirements of this section five years after the enactment of this Act.
(Sec. 5206) Directs the head of each federal agency participating in an SBIR or STTR program to develop performance measures relating to commercializing research or research and development activities for SBIR or STTR participants that have been awarded multiple Phase I awards but have not been awarded Phase II awards.
(Sec. 5207) Further defines "Phase III" for purposes of the SBIR and STTR programs, including what will qualify as "commercialization" under such phase.
(Sec. 5208) Requires final decisions on SBIR or STTR program proposals or applications within 90 days after the close of solicitations, or within 180 days thereafter if extended by the Administrator. Allows the NIH Director to make an award under an NIH SBIR or STTR program if the application for the award has undergone technical and scientific peer review under requirements of the Public Health Service Act.
Title LIII: Oversight and Evaluation - (Sec. 5301) Directs the SBA, in currently-required annual reports concerning SBIR and STTR programs, to include information on: (1) proposals received from small businesses with venture capital investment; (2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals; (3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies; and (4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
(Sec. 5302) Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
(Sec. 5304) Requires specified information concerning SBIR and STTR awardees to be included in public and government databases maintained by the SBA.
(Sec. 5306) Directs the Comptroller General (CG), in each of the five years following the enactment of this Act, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
(Sec. 5307) Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
(Sec. 5308) Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in SBIR or STTR programs.
(Sec. 5309) Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
(Sec. 5310) Requires each federal agency conducting an SBIR or STTR program to obtain consent from program applicants to release their contact information to economic development organizations.
(Sec. 5311) Directs the Administrator to allow each federal agency required to conduct an SBIR program to use up to 3% of such funds for costs relating to administrative, oversight, and contract processing activities, including added costs necessitated by amendments made under this Act.
(Sec. 5312) Requires the CG to conduct a study of, and report to Congress on, the impact of requirements of this Act relating to venture capital company involvement in SBIR and STTR programs.
(Sec. 5313) Directs the Administrator to: (1) amend the SBIR and STTR Policy Directives to include measures to prevent fraud, waste, and abuse in SBIR and STTR programs; and (2) establish a telephone hotline for reporting such fraud, waste, and abuse. Requires the CG to: (1) conduct a study evaluating federal agency implementation of the amendments made to such Directives; and (2) report study results to the small business committees and SBIR/STTR-participating federal agencies.
(Sec. 5314) Requires the Director of the Office of Science and Technology Policy to establish an Interagency SBIR/STTR Policy Committee to review, and make recommendations for improving the effectiveness and efficiency of, SBIR and STTR programs. Requires three reports from the Committee to the small business committees concerning such review and recommendations.
(Sec. 5315) Directs the Administrator to issue regulations to ensure that each federal agency required to carry out an SBIR or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance and audit procedures to reduce the paperwork and regulatory compliance burden on small businesses participating in such program.
Title LIV: Policy Directives - (Sec. 5401) Requires the Administrator to: (1) promulgate amendments to the SBIR and STTR Policy Directives to conform them to this Act and its amendments; and (2) publish the amended Directives in the Federal Register.
Title LV: Other Provisions - (Sec. 5501) Directs federal agencies required to establish an SBIR or STTR program, when determining appropriate research topics, to give special priority to applications for the support of projects relating to nanotechnology, rare diseases, security, energy, transportation, or improving the security and quality of the water supply and the efficiency of water systems through the use of technology. Requires such agencies to: (1) give consideration to research topics identified by the NAS, the NIH, and the national nanotechnology strategic plan; and (2) encourage applications from small businesses located in underrepresented or rural areas or areas with excessive unemployment rates, as well as small businesses owned and controlled by women, veterans, or Native Americans. Removes a requirement that certain specified DOD technology or research plans be utilized when identifying appropriate DOD research and development focus under SBIR or STTR programs.
(Sec. 5502) Directs each federal agency required to participate in an SBIR or STTR program to: (1) develop metrics to evaluate the effectiveness and benefit of such program; (2) conduct an annual evaluation of their program using such metrics; and (3) report evaluation results annually to the Administrator and Congress.
(Sec. 5503) Requires all SBIR or STTR funds to be awarded pursuant to competitive and merit-based selection procedures.
National Defense Authorization Act for Fiscal Year 2012 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Directs the Secretary of the Army to maintain no less than 42 C-23 aircraft, including at least 11 for the Army active component, 4 for training operations, and 22 for domestic operations in the continental United States. Prohibits such Secretary from retiring or placing in an excess status any such aircraft until one year after the reports required under this section have been received. Requires such Secretary to conduct a fleet viability assessment with respect to C-23 aircraft, and report assessment results to the congressional defense and appropriations committees.
Requires the Director of the National Guard Bureau to: (1) conduct a study to determine the number of fixed-wing and rotary-wing aircraft required to support specified Army missions at low, medium, moderate, high, and very-high levels of operational risk; and (2) report study results to the defense and appropriations committees. Directs the Comptroller General (CG) to conduct a sufficiency review of the Director's study, and report review results to such committees.
(Sec. 112) Prohibits the Secretary of the Army from procuring more than 100 Stryker combat vehicles. Allows such Secretary to waive such limitation after a specified certification to the defense and appropriations committees, including that there are validated Army needs requiring the waiver.
(Sec. 113) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for the UH-60M/HH-60M helicopters, and for the procurement of airframes for MH-60R/S helicopters. Makes such contracts subject to the availability of appropriations.
Subtitle C: Navy Programs - (Sec. 121) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to extend through FY2013 the multiyear funding authority for the design and construction of the LHA replacement ship designated LHA-7.
(Sec. 122) Authorizes the Secretary of the Navy to enter into a multiyear contract, beginning with the FY2012 program year, for the procurement of DDG-51 Arleigh Burke-class destroyers and government-furnished equipment associated with such destroyers. Requires a report from such Secretary to the defense and appropriations committees on findings required in the justification of DOD multiyear contracts, including a determination of substantial savings through multiyear procurement. Makes such contract subject to the availability of appropriations.
(Sec. 123) Authorizes the Secretary of the Navy to enter into a multiyear contract, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters. Makes such contract subject to the availability of appropriations.
(Sec. 124) Directs the Secretary of Defense (Secretary), in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that a separate, dedicated procurement line item is designated for each surface warfare, mine countermeasures, and anti-submarine warfare littoral combat ship (LCS) module.
(Sec. 125) Requires the Secretary of the Navy to: (1) conduct a life-cycle cost-benefit analysis comparing alternative maintenance and sustainability plans for the LCS program, and (2) report analysis results to the defense and appropriations committees.
(Sec. 126) Prohibits the obligation or expenditure of any funds available for FY2012 or thereafter to extend the service life of F/A-18 aircraft beyond 8,600 hours until 30 days after the Secretary of the Navy submits a cost-benefit analysis of such aircraft required under the Skelton Act.
(Sec. 127) Directs the Secretary of the Navy to enter into multiyear contracts for the start of major construction of the Ford-class aircraft carriers designated CVN 79 and CVN 80, and for the construction of major components, modules, or other structures related to such carriers.
Subtitle D: Air Force Programs - (Sec. 131) Outlines requirements to be followed by the Secretary of the Air Force during the B-1 retirement limitation period beginning on the date of enactment of this Act and ending on the earlier of January 1, 2018, or the date on which a long-range strike replacement bomber aircraft with equal or greater capacity than the B-1 has attained initial operational capability status.
(Sec. 132) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Allows such Secretary to use incremental funding for up to five fiscal years in connection with the procurement. Makes such procurement subject to the availability of appropriations. Prohibits the total procurement amount, after certain exclusions, from exceeding $3.1 billion. Allows such Secretary to adjust such limitation by specified amounts, including increases or decreases after FY2011 attributable to inflation or to compliance with changes in federal, state, and local laws. Requires a contract report from the Secretary to the defense and appropriations committees.
Subtitle E: Joint and Multiservice Matters - (Sec. 141) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2012. Requires a monthly Fund obligation and expenditure report during FY2012 from the Secretary to the defense and appropriations committees.
(Sec. 142) Amends the Skelton Act to repeal telescope aperture requirements with respect to contracts for commercial imaging satellites.
(Sec. 143) Limits the FY2012 obligation of funds for the joint tactical radio system to 70% until the Secretary of the Army makes a specified certification to the defense and appropriations committees relating to its acquisition strategy. Makes such limitation inapplicable to the low-rate initial production of certain programs under such system.
(Sec. 144) Limits the FY2012 obligation of funds for the procurement of fixed-wing, non-standard aviation aircraft in support of the aviation foreign internal defense program to 50% until the Commander of the U.S. Special Operations Command reports to the defense and appropriations committees on such program.
(Sec. 145) Limits the FY2012 obligation of funds for the procurement of a commercial satellite by the Director of the Defense Information Systems Agency or the Secretary of the Air Force to 20% until the Secretary of Defense submits to the defense and appropriations committees an independent analysis of alternatives for the procurement of such satellite.
(Sec. 146) Directs the Secretary, in procuring tents or other temporary structures and in maintaining an alternative source for such structures, to award contracts that provide the best value to the United States considering their total life-cycle costs.
(Sec. 147) Directs the Secretary, in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for non-lethal weapons.
(Sec. 148) Requires the Secretary to conduct a study to measure the domestic capacity to manufacture ship shafts and other forged components used by surface and subsurface naval vessels.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Limits the FY2012 obligation of funds for the ground combat vehicle program to 70% until the Secretary of the Army submits to the defense and appropriations committees an updated analysis of alternatives to such vehicle.
(Sec. 212) Prohibits the individual carbine program from receiving Milestone C approval until the Secretary of the Army submits to the defense and appropriations committees an analysis of alternatives to such program. Authorizes the Secretary of Defense to waive such prohibition in the national security interest.
(Sec. 213) Expresses the sense of Congress that: (1) the long-term ability to maintain a sufficient nuclear force must not be compromised solely on the basis of the promise of potential savings resulting from the Secretary's decision to reduce the planned number of missile tubes per Ohio-class ballistic missile submarine from 24 to 16; and (2) because the planned Ohio-class replacement ballistic submarine is expected to be in operation through 2080, near-term design decisions should take into consideration uncertainties in the future threat and strategic environment. Limits the FY2012 obligation of funds available for the Ohio-class submarine replacement program to 90% until the Secretary submits specified information to the defense and appropriations committees, including the analysis conducted to support the acquisition decision memorandum and the threats and strategic environment assumed by the Secretary through the expected operational life of the program.
(Sec. 214) Prohibits any FY2012 Marine Corps RDT&E funds from being obligated for specified amphibious assault vehicles until the Secretary of the Navy makes a certification to the defense and appropriations committees of the requirements of such vehicles, based on the needs of the commanders of the combatant commands. Requires such Secretary to conduct an analysis of alternatives to such vehicles. Makes the funding prohibition inapplicable to the procurement of an amphibious assault vehicle 7A1 containing certain upgrades and survivability capabilities.
(Sec. 215) Prohibits the use of FY2012 funds for performance improvements to the propulsion system for the F-35 Lightning II aircraft unless the Secretary ensures the competitive development and production of such system.
(Sec. 216) Limits the FY2012 obligation of funds for the joint replacement fuze program for Navy and Air Force nuclear warheads to 75% until the Secretary reports to the defense and appropriations committees on the feasibility of such program.
(Sec. 217) Expresses the sense of Congress that: (1) improvements to the U.S. space situational awareness and space command and control capabilities are necessary; and (2) the traditional defense acquisition process is not optimal for developing the architecture and environment planned for the Joint Space Operations Center management system. Prohibits the use of FY2012 funds for release one of such system until the Secretary of the Air Force and the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) jointly submit to the defense and appropriations committees the acquisition strategy for such system.
(Sec. 218) Limits the FY2012 obligation of funds for the wireless innovation fund within the Defense Advanced Research Projects Agency (DARPA) to 10% until the Under Secretary reports to the defense and appropriations committees on how such funds will be managed and executed.
(Sec. 219) Authorizes the Secretary of the Army to conduct a program for flight research and demonstration of advanced rotorcraft technology. Outlines program elements, goals, and objectives.
(Sec. 220) Directs the Secretary to designate the development and procurement of the main propulsion system of the next-generation long-range strike bomber aircraft as a major subprogram of such aircraft's major defense acquisition program. Requires the Secretary of the Air Force to develop an acquisition strategy for such subprogram.
(Sec. 221) Directs the Secretary to designate the electromagnetic aircraft launch development and procurement program as a major subprogram of the CVN-78 Ford-class aircraft carrier major defense acquisition program.
(Sec. 222) Prohibits the Secretary from delegating to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of certain DOD research and educational programs and activities that is currently carried out by the Assistant Secretary of Defense for Research and Engineering.
(Sec. 223) Limits the FY2012 obligation of funds for the Navy's Future Unmanned Carrier-based Strike System to 15% until 60 days after the Chairman of the Joint Requirements Oversight Council, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Under Secretary make specified certifications to the defense and appropriations committees with respect to the capabilities and performance of such System. Requires the Comptroller General (CG), following such certifications, to brief such committees on an evaluation of the Secretary of the Navy's acquisition strategy for such System.
Subtitle C: Missile Defense Programs - (Sec. 231) Requires the Director of the Missile Defense Agency (MDA) to: (1) establish and maintain an acquisition baseline for each program element of the ballistic missile defense (BMD) system, as well as each designated major subprogram of such elements; and (2) establish such baselines before the element or subprogram enters engineering and manufacturing development, and production and deployment. Prohibits (with exceptions) the Director from adjusting or revising an established baseline. Outlines baseline elements required for such elements or subprograms, and requires the Director to report annually to the defense and appropriations committees on the baselines.
(Sec. 232) Expresses the sense of Congress that: (1) the United States should pursue options with respect to multilaterally terminating the contract covering the medium extended air defense (MEAD) system in order to lessen their contract termination liability; (2) the Secretary must now sustain the Patriot air and missile defense system longer than previously planned; and (3) the Secretary should identify promising technologies from the MEAD system, and continue to pursue international cooperative missile defense activities that are affordable and benefit the security of all parties. Prohibits the obligation or expenditure of any FY2012 funds for the MEAD system until the Secretary: (1) either negotiates a contract termination or restructures the contract to ensure that specific deliverables will be transitioned to one or more current programs of record by no later than the end of FY2013, and (2) notifies the defense and appropriations committees with respect to the specifics of the contract termination or restructuring.
(Sec. 233) States as the policy of the United States to develop and maintain a specified hedging strategy for the protection of the U.S. homeland. Outlines strategy elements and objectives. Requires the strategy to be submitted to the defense and appropriations committees by the earlier of December 5, 2011, or the completion of the strategy's development.
(Sec. 234) Sets forth congressional findings with respect to the ground-based midcourse defense system (GBMD system) (a system for defense against long-range ballistic missiles). Expresses the sense of Congress that: (1) the GBMD system should be given sufficient prioritization and funding to ensure its long-term reliability, effectiveness, and ability to adapt to advances in threats; (2) the MDA Director should identify root causes associated with GBMD flight-test failures; (3) implementation of corrective measures and flight testing should be undertaken as soon as possible; and (4) the procurement of additional ground-based interceptors will be necessary in light of recent flight-test results. Requires the Secretary to submit to the defense and appropriations committees: (1) a plan by the MDA Director to address the flight-test failures; and (2) written certification that such failures have been thoroughly investigated and the Director's plan is sufficient to resolve failure issues, and related information.
(Sec. 235) Earmarks specified FY2012 BMD technology funds for the Secretary to conduct a study of, and report to the defense and appropriations committees on, technical and operational considerations in developing a limited space-based interceptor capability.
Subtitle D: Reports - (Sec. 241) Directs the CG, until March 2017, to: (1) conduct an annual review of the KC-46A aircraft acquisition program, and (2) report each review's results to the defense and appropriations committees.
(Sec. 242) Requires the: (1) Secretary to select an entity outside DOD to conduct an independent review and assessment of DOD's cryptographic modernization program, and (2) entity chosen to report review results to the Secretary and the defense and appropriations committees.
(Sec. 243) Directs the Secretary to report to the defense and appropriations committees on the feasibility of developing and deploying the electromagnetic rail gun system to be used for either land- or ship-based force protection.
Subtitle E: Other Matters - (Sec. 251) Repeals the Technology Transition Initiative (the rapid transition of new technologies from DOD science and technology programs into DOD acquisition programs for the production of such technologies).
(Sec. 252) Directs the Secretary to develop, carry out, and report to the defense and appropriations committees on, a plan for the preservation and storage of property owned by the federal government that was acquired under the F136 propulsion system development contract. Prohibits any FY2012 funds available for the F-35 Lightning II aircraft program from being obligated or expended for activities related to destroying or disposing of such property.
(Sec. 253) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend through FY2016 the authority for funding for defense laboratories for research and development (R&D) of technologies for military missions.
(Sec. 254) Directs the Secretary, in carrying out the medical advanced technology program, to ensure that, when applicable, RNA biological and functional science and technology are used for research in which RNA may be a translational tool and potentially therapeutic.
(Sec. 255) Expresses the sense of Congress that: (1) active matrix organic light emitting diode (OLED) technology displays have the potential to reduce the size, weight, and energy consumption of both mounted and dismounted military systems; (2) the United States has a limited OLED manufacturing industry; and (3) the Secretary should use existing programs to support the reduction of costs and risks related to OLED manufacturing technologies.
(Sec. 256) Prohibits funds from being used to research, develop, manufacture, or procure a newly designed flight suit for members of the Armed Forces (members).
(Sec. 257) Prohibits, if the total amount authorized for the National Defense Education Program for FY2012 is less than the amount requested by the President in the FY2012, the Secretary from deriving the difference from the K-12 component of such Program.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Directs the Chairman of the Joint Chiefs of Staff (JCS) to designate a senior official to be responsible for operational energy plans for the JCS and the Joint Staff. Extends from 10 to 30 days after each year's DOD budget is submitted to Congress the deadline for a report from the Secretary to Congress on proposed budgets that the Assistant Secretary of Defense for Operational Energy Plans and Programs has not certified.
(Sec. 312) Requires, subject to the availability of appropriations, military installation implementation of DOD land management plans and cultural sustainability studies.
(Sec. 313) Amends the Sikes Act (DOD land resources management) to: (1) define "state" for purposes of such Act; (2) include state-owned National Guard installations under such Act's coverage; and (3) provide for the funding of integrated natural resources management plans, including plans for state-owned National Guard installations. Amends various section headings under such Act to accommodate changes made under this section.
(Sec. 314) Amends the Act to Prevent Pollution from Ships to codify for ships owned or operated by any military department the sea discharge practices currently in operation by the Navy. Makes such discharge requirements and limitations inapplicable when the discharge is necessary for securing the safety of the ship, the health of the ship's personnel, or saving life at sea (requiring a report when such a discharge occurs).
(Sec. 315) Requires the Assistant Secretary of Defense for Operational Energy, Plans, and Programs to recommend, and the Secretary to designate, the Secretary of one of the military departments to serve as the Executive Agent for Alternative Fuel Development for DOD. Outlines required Executive Agent duties. Directs the Secretary to notify the defense and appropriations committees of the Executive Agent so designated.
(Sec. 316) Directs the Secretary, in evaluating offers for defense logistics support contracts for contingency operations, to give favorable consideration to those that include energy-efficient or energy reduction technologies or processes meeting specified requirements, including long-term savings and non-disruption of the mission, logistics, or core requirements of the contingency operation concerned. Requires: (1) the Defense Supplement to the Federal Acquisition Regulation (FAR) to be revised to implement this section, and (2) implementation progress to be included in current annual DOD energy management reports.
(Sec. 317) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to require the Secretary, within 180 days after waste is disposed of in open-air burn pits during contingency operations, to submit to the defense committees a health assessment report on each pit where at least 100 personnel have been employed for at least 90 consecutive days.
(Sec. 318) Amends the Clean Air Act to exclude from the phase-out of the production and consumption of class II substances any class II substance listed as acceptable for use as a fire suppression agent for nonresidential applications.
Subtitle C: Logistics and Sustainment - (Sec. 321) Revises the definition of "depot-level maintenance and repair" to conform to the definition in DOD Instruction 4151.2.
(Sec. 322) Eliminates the exclusion for special access programs from the core logistics capability requirements determination. Includes the nuclear refueling of an aircraft carrier within such exclusion. Requires an annual report from the Secretary to Congress on DOD core logistics capability requirements, workloads, and capital investments. Defines "industrial facility" for core logistics capability purposes.
(Sec. 323) Requires the Secretary or the Secretary of the military department concerned (Secretary concerned) to designate each military industrial facility of the military departments and defense agencies as a Center of Industrial and Technical Excellence.
(Sec. 324) Redesignates, for purposes of the above Centers, core competencies as core logistics capabilities.
(Sec. 325) Repeals the limit (eight) on the number of cooperative arrangements that may be entered into by Army industrial facilities with non-Army entities. Makes such authority permanent (under current law, terminates at the end of FY2014). Revises a report requirement under the NDAA for Fiscal Year 2008 to include an assessment of the effectiveness of the use of such authority and recommendations to improve the ability of each facility to compete for such contracts.
(Sec. 326) Amends the Weapon Systems Acquisition Reform Act of 2009 to include a subsystem or component of a major weapons system in the requirement for consideration of competition throughout the operation and sustainment of such major systems.
(Sec. 327) Directs the Under Secretary to implement four actions recommended in a report of the Government Accountability Office (GAO) which resulted from F-22 and F-35 aircraft corrosion studies, and to brief the defense and appropriations committees on activities undertaken to implement such actions. Requires such implementation by January 31, 2012, and requires compliance across the military departments by the end of 2012. Requires the Under Secretary, if compliance is not feasible by such date, to justify to such committees the reasons therefor.
(Sec. 328) Requires, within an annual report on DOD minimum capital investment in combined maintenance, repair, and overhaul workloads of the military departments, a table showing the funded workload performed by each covered depot for the preceding three fiscal years and actual investment funds allocated to each depot for the period covered by the report. Includes Tooele Army Depot, Utah as a covered depot.
Subtitle D: Readiness - (Sec. 331) Amends the Skelton Act to: (1) allow funds voluntarily contributed to DOD for offsetting the costs of mitigation measures to remain available until expended, and (2) allow the Secretary to accept voluntary contributions to conduct studies of potential mitigation measures.
(Sec. 332) Directs the Administrator of the Federal Aviation Administration (FAA) to develop procedures to allow DOD and the Department of Homeland Security (DHS) to review and comment on certain aeronautical studies.
(Sec. 333) Expresses the sense of Congress on the importance of: (1) improving the integration of BMD training across and between combatant commands and military departments, (2) identifying and addressing training gaps in integrating missile defense training, and (3) identifying the capabilities and funding needed to integrate such training across and between such commands and departments.
Subtitle E: Reports - (Sec. 341) Requires the Secretary: (1) to annually certify to the defense and appropriations committees that the prepositioned stocks of each of the military departments meet all operational plans in effect; and (2) if unable to make a complete certification for any year, to include in that certification a list of operational plans affected and mitigation measures taken. Outlines additional required information within an annual report on DOD prepositioned materiel and equipment.
(Sec. 342) Requires the inclusion in an annual report from the Secretary of the Navy on naval vessel repair and maintenance those vessels operated pursuant to a contract entered into by the Military Sealift Command, the Maritime Administration, of the U.S. Transportation Command.
(Sec. 343) Amends the Hunter Act to require additional information in an annual report concerning military working dogs.
(Sec. 344) Directs the Secretary to annually assess, and report to the defense and appropriations committees on, the status of military department compliance with joint military training, doctrine, and resource allocations promulgated by the Joint Staff.
(Sec. 345) Directs the Secretary to study, and report to the defense committees on, current and future training requirements for personnel assigned to the Pacific Command area of responsibility. Requires the CG, after the submission of the Secretary's report, to brief such committees on the report's completeness.
(Sec. 346) Requires, within annual DOD installation energy management reports, an evaluation of practices used in contingency operations and potential improvements to reduce vulnerabilities associated with fuel convoys.
Subtitle F: Limitations and Extensions of Authority - (Sec. 351) Authorizes the adoption of a military working dog by the family of a deceased or seriously-wounded member of the Armed Forces (member) who was the dog's handler.
(Sec. 352) Prohibits the Secretary of the Air Force from expanding the Air Force food transformation initiative to include any base other than the six initially included in the pilot program until 270 days after such Secretary reports to the defense committees on the initiative.
(Sec. 353) Limits the obligation or expenditure of FY2012 funds for Army migration to enterprise e-mail services to 2% until 30 days after the Secretary of the Army reports to the defense and appropriations committees on the merits of the transition.
(Sec. 354) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the Army product improvement pilot program.
(Sec. 355) Amends the Skelton Act concerning a required report on the feasibility and desirability of designating the Suppression of Enemy Air Defenses/Destruction of Enemy Air Defenses (SEAD/DEAD) as a responsibility of the Air National Guard to: (1) extend the report due date; (2) make the report topic the expansion of the role of the Air National Guard in conducting SEAD/DEAD; and (3) require within the report an evaluation of the Air National Guard's capacity and capability to assume an increased level of the SEAD/DEAD mission responsibilities.
(Sec. 356) Limits to 10% the obligation or expenditure of FY2012 funds for the migration to management for the Enterprise Logistics System Program Executive Office by the Department of the Air Force until 30 days after the Secretary of the Air Force reports to the defense and appropriations committees on a cost-benefit analysis of migrating the management headquarters for such Office.
Subtitle G: Other Matters - (Sec. 361) Directs the Secretary, in carrying out security clearance adjudications, to give special consideration to members with a foreclosure on their credit report.
(Sec. 362) Requires the Secretary of the Navy to maximize the safety and effectiveness of all maritime vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to forces of the North Atlantic Treaty Organization (NATO), and to coalition forces, that are operating with U.S. forces. Requires such Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support the preparation of maps, charts, and other geodetic products.
(Sec. 363) Requires sums received as reimbursements for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 364) Reduces by 10% military department and DOD O&M printing and reproduction accounts.
(Sec. 365) Reduces by 10% military department and DOD O&M studies, analysis, and evaluations accounts.
(Sec. 366) Revises airlift service definitions with respect to the Civil Reserve Air Fleet (CRAF).
(Sec. 367) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the CRAF program. Authorizes the Secretary, in determining the amount of business to be received under an airlift services contract, to factor in the relative amount of airlift capability committed to the CRAF by each air carrier.
(Sec. 368) Expresses the sense of Congress that: (1) the U.S. Transportation Command has been successful in overcoming many obstacles to support U.S. national security objectives, and the CRAF program is one of the major reasons they deliver both combat power and humanitarian relief on time, on target, and at the best value; (2) the FAA Administrator should ensure that any changes made to FAA rules and regulations fully consider the impact of such changes on CRAF carriers, the U.S. Transportation Command, and DOD; and (3) the Administrator should develop guidelines that not only address crew fatigue, but also enhance safety while minimizing the impact on the mission of the U.S. Transportation Command and DOD.
(Sec. 369) Directs the Secretary to ensure that civilian and military law enforcement personnel charged with security functions on military installations receive Active Shooter Training as described in a DOD document entitled "Protecting the Force: Lessons From Fort Hood."
(Sec. 370) Authorizes the Secretary, with respect to the training of National Guard units and federal agencies performing homeland defense activities, to provide funding assistance through a special military cooperative agreement for the operation and maintenance of any state training center certified by the Federal Emergency Management Agency (FEMA) as capable of providing emergency response training. Requires merit-based or competitive selection procedures to be used in the use of funds for such purpose.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Eliminates as an exception to joint duty assignment limits: (1) an officer released from a joint duty assignment for the 60-day period following such release, and (2) officers from each department designated by the Secretary to serve in joint duty assignments. Reduces the number of joint duty general and flag officers excluded from end strength limits. Reduces the full exclusion for officers serving in certain intelligence positions. Requires changes made by this section to be implemented between January 1, 2012, and October 1, 2013.
Subtitle B: Reserve Component Management - (Sec. 511) Establishes the position of Vice Chief of the National Guard Bureau, appointed by the President with the advice and consent of the Senate, and holding the grade of lieutenant general while so serving. Requires the Chief and Vice Chief to be designated as general officers to be counted against joint duty general and flag officer limits. Establishes the chain of succession for the Chief and Vice Chief in the event of absence or disability. Requires the current Director of the Joint Staff of the National Guard Bureau to continue to serve in the grade of major general as the acting Vice Chief until the Vice Chief is appointed.
(Sec. 512) Requires: (1) preseparation counseling to be provided to each reserve member whose discharge or release from service is anticipated as of a specific date, and (2) such counseling to begin as soon as feasible within their remaining period of service.
(Sec. 513) Makes discretionary (under current law, mandatory) the authority of the Secretary of the Army or Air Force to allow dual-status military technicians who reach their mandatory separation date before age 60 to apply for continued service until age 60.
(Sec. 514) Provides that dual-status military technicians who have been retained on the reserve active-status list beyond their mandatory removal date are not eligible for consideration for promotion by a mandatory promotion board.
(Sec. 515) Requires the Chief of the National Guard Bureau to serve as an advocate and liaison for the National Guard of each state, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, and to inform such entities of all actions that could affect their federal or state missions. Includes the Chief within the membership of the JCS.
Subtitle C: General Service Authorities - (Sec. 521) Outlines findings regarding the unique nature, demands, and hardships of military service.
(Sec. 522) Directs the Secretary to prescribe a policy that addresses the amount of dwell time a member or unit remains at a permanent duty station or home port between deployments. Requires the Secretary to: (1) establish a system for tracking and recording the number of days each member is deployed; (2) prescribe policies and procedures for measuring operating and personnel tempo; and (3) maintain a central data repository of information for research, analysis, interagency reporting and evaluation of tempo and personnel programs and policies.
(Sec. 523) Requires a member who gives birth to a child, or who adopts a child and will be the child's primary caregiver, to receive 42 days of leave following the birth or adoption. Allows a married member on active duty whose wife gives birth or adopts 10 days of leave.
(Sec. 524) Amends the Hunter Act to extend through 2015 the authority to release members from active duty in order to meet personal or professional needs, and then return them to active duty following the required inactive period.
(Sec. 525) Directs the Secretary concerned to treat as a secondary school graduate a person who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with state law, for purposes of military recruitment and enlistment. Requires: (1) the Secretary to prescribe a policy on recruitment and enlistment that incorporates such individuals, assessing their ability to fulfill enlistment obligations; and (2) the policy to include a marketing strategy for targeting various segments of potential recruits with various types of secondary education credentials.
(Sec. 526) Requires an additional amount of funding to be used by the Secretary of the Navy to develop, in youths of ages 11 through 17, interest and skill in seamanship and aviation while molding strong character in an anti-drug and anti-gang environment in furtherance of national security objectives. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of such funds.
(Sec. 527) Provides that, when a member with minor dependents has a spouse who is also a member, and the spouse is deployed in an area for which imminent danger pay is authorized, the member may request a deferment of deployment to such an area until the spouse returns from the prior deployment. Requires approval of such a request.
(Sec. 528) Directs the Secretary to enhance DOD's suicide prevention program through the provision of suicide prevention information and resources to members from their initial enlistment or appointment through their final retirement or separation. Requires each Secretary concerned to include a training component on suicide prevention as part of their initial entry training program. Outlines component elements. Authorizes appropriations.
(Sec. 529) Includes the person designated by the decedent on the record of emergency data (DD Form 93 or any successor form) as the Person Authorized to Direct Disposition among those permitted to direct disposition of remains, regardless of the relationship of the designee to the decedent.
(Sec. 530) Includes within protected communications to the DOD Inspector General a disclosure by a member of ideologically based threats or actions of another member that the member providing the information reasonably believes could be counterproductive or detrimental to U.S. interests or security.
(Sec. 531) Authorizes the Secretary of the Army to award the Army Combat Action Badge to any person who, while a member of the Army, personally engaged the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001, if the Secretary determines that such person has not been previously recognized.
(Sec. 532) Directs the Secretary (under current law, the Secretary concerned) to submit to the defense committees and the requesting Member of Congress the rationale supporting a recommendation to award a Medal of Honor to an individual or unit in the case of an award proposal that was not otherwise submitted in a timely manner.
Subtitle D: Military Justice and Legal Matters - (Sec. 531) Outlines procedures for the judicial review of military board decisions relating to the correction of military records. Requires: (1) such boards to issue written statements that include the factual and legal basis for their decisions, as well as procedures and timing associated with a judicial review; and (2) such review to be pursued within one year of a board's decision.
(Sec. 532) Allows members incurring an injury or illness while serving in a combat operation or in a combat zone designated by the Secretary to receive gifts from nonprofit organizations, private parties, and other sources outside of DOD. (Under current law, only individuals with a combat-related injury are so eligible.) Requires regulations covering such gifting to apply retroactively to injuries or illnesses incurred on or after September 11, 2001.
(Sec. 533) Amends the Don't Ask, Don't Tell Repeal Act of 2010 to require the military department chiefs of staff to certify to the defense and appropriations committees that the repeal of such law will not degrade the readiness, effectiveness, cohesion, and morale of combat arms units and personnel of their respective departments that are engaged in combat, deployed to a combat theater, or preparing for deployment to a combat theater.
(Sec. 534) Reaffirms the policy outlined in the Defense of Marriage Act that "marriage" means only a legal union between one man and one woman, and "spouse" refers only to a person of the opposite sex who is a husband or wife.
(Sec. 535) Allows: (1) a military installation or other DOD property to be used as the site for a marriage ceremony only if the marriage complies with the definition of marriage in the above Act; and (2) a member, or DOD civilian employee, acting in an official capacity to assist in or perform a marriage only if the marriage so complies.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Authorizes the Secretary concerned to permit a member to participate in an apprenticeship program that provides employment skills training and assists them in transitioning into new civilian careers.
(Sec. 542) Expands the categories of students eligible to receive a stipend under the DOD's reserve health professionals stipend program to include those enrolled in courses that result in a degree in clinical psychology or social work.
(Sec. 543) Requires the Commandant of the United States Air Force Institute of Technology (Institute) to be selected by the Secretary of the Air Force. Outlines eligibility requirements and qualifications for such position. Allows a term of five years, with the authority to continue in such position for an additional five years. Establishes at the Institute the civilian positions of Provost and Academic Dean, to be appointed by such Secretary for five-year periods. Allows the person currently serving as the Institute's Commandant to serve as Acting Commandant until the appointment is made under this section.
(Sec. 544) Increases from one to three the number of nominations to the service academies authorized to be made by the governor of Puerto Rico.
(Sec. 545) Allows the Secretary concerned to waive the maximum age limit (23) for entry into a service academy if the member was or is prevented from applying for admission before such age as a result of service on active duty in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Allows such waiver also for candidates who possess an exceptional overall record that sets the candidate apart. Allows such waivers only if the candidate would not pass their 26th birthday by July 1 of the year of entrance. Prohibits more than five candidates from each service academy from being admitted under the waiver. Provides recordkeeping and reporting requirements for department Secretaries exercising such waivers.
(Sec. 546) Requires an additional amount of funding to be used by the Secretary for an education and employment advocacy pilot program to engage wounded members early in their recovery. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of such funds.
(Sec. 547) Directs the Secretary to report to the defense committees on methods to increase the efficiency of DOD's tuition assistance program for off-duty training or education.
(Sec. 548) Recodifies under federal armed forces law the Troops-to-Teachers Program (currently codified under federal education law). Transfers program responsibility from the Secretary of Education to the Secretary of Defense. Makes eligible for the Program individuals retiring or separating from the Armed Forces and eligible for retired pay on or after the date of enactment of this Act. (Under current law, members retiring or separating on or after October 1, 1999, and eligible for retired pay are so eligible.) Revises generally Program selection criteria and educational background requirements. Terminates a Program component providing funding to develop, implement, and demonstrate teacher certification programs. Directs the Secretary to establish an Advisory Board to: (1) collect, consider, and disseminate feedback from Program participants and state offices that recruit participants; and (2) report annually to the defense and education committees on the Program and feedback.
(Sec. 549) Authorizes additional appropriations to expand diversity recruitment efforts for the military academies. Reduces the authorization of appropriations for the Air Force Joint Tactical Radio System. Requires merit-based or competitive selection procedures to be used in the obligation of the additional funds.
Subtitle F: Army National Military Cemeteries - (Sec. 551) Provides a new federal law chapter concerning Army national military cemeteries. Directs the Secretary of the Army to develop, operate, administer, and fund the Army national military cemeteries in a manner that fully honors the service and sacrifices of the deceased members buried or inurned there. Includes within such cemeteries Arlington National Cemetery and the U.S. Soldiers' and Airmen's Home National Cemetery. Requires such Secretary to: (1) submit an annual cemeteries budget request to the defense and appropriations committees; and (2) determine eligibility for interment or inurnment in the cemeteries. Provides for the removal of remains from the cemeteries in certain circumstances. Directs such Secretary to appoint an advisory committee on Arlington National Cemetery, which shall advise and consult with respect to Arlington National Cemetery administration, erection of memorials, and master planning. Requires periodic advisory committee reports.
Establishes an Executive Director of the Army National Military Cemeteries, with specified responsibilities.
Requires all Arlington National Cemetery interment and inurnment records to be digitized by June 1, 2012.
Provides for: (1) appointment and qualifications of cemetery superintendents; and (2) cemeteries oversight, including annual inspections during 2012 through 2014.
(Sec. 552) Directs the Inspector General of the Department of Defense to: (1) inspect each military cemetery and make recommendations for their regulation, management, oversight, and operation; (2) inspect a sample of cemeteries located at current or former military installations both inside and outside the United States in order to assess the adequacy of and adherence to federal statutes, policies, and regulations governing military cemetery management, oversight, operations, and interments or inurnments; and (3) submit inspection results and recommendations to the defense committees. Requires the military department Secretaries to report to such committees on their respective inspection results and corrective action plans.
Subtitle G: Armed Forces Retirement Home - (Sec. 561) Amends the Armed Forces Retirement Home Act of 1991 to make the administration of the Armed Forces Retirement Home (Home), including the provision of health and medical care for its residents, the responsibility of the Secretary.
(Sec. 562) Provides oversight responsibilities and reporting requirements of the Home's Senior Medical Advisor.
(Sec. 563) Requires the Home to have an advisory council, to be known as the Armed Forces Retirement Home Advisory Council, to provide to the Chief Operating Officer and Administrator of each of the two Home facilities recommendations on Home operation and administration and quality of care provided to residents. Requires the Council to report at least annually to the Secretary on its activities, together with recommendations. Provides Council composition and membership, including a Chairperson. Provides for a Resident Advisory Committee at each facility. Discontinues local boards for each facility.
(Sec. 564) Eliminates the positions of Deputy Director and Associate Director at each facility, instead establishing the position of Ombudsman at each facility. Authorizes the Ombudsman to provide information to the Home's Administrator, Chief Operating Officer, and Senior Medical Advisor, as well as the DOD Inspector General and Under Secretary of Defense for Personnel and Readiness. Replaces Director responsibilities with Administrator responsibilities.
(Sec. 565) Replaces transitional resident fee requirements for each Home facility with a permanent fee schedule.
(Sec. 566) Changes from annually to at least once every three years the required inspection of each Home facility by the DOD Inspector General. Revises generally Inspector General reporting and corrective action responsibilities.
(Sec. 567) Repeals transitional provisions of the Armed Forces Retirement Home Act of 1991 relating to the Armed Forces Retirement Home Board and the directors and deputy directors of each Home facility. Changes Board references to references to the Chief Operating Officer. Provides technical and conforming amendments to correspond to changes made under this subtitle.
Subtitle H: Military Family Readiness Matters - (Sec. 571) Revises the membership of the Department of Defense Military Family Readiness Council. Includes parents of military personnel as authorized Council members. Provides for reserve component representation on such Council.
(Sec. 572) Earmarks specified FY2012 DOD O&M funds for providing assistance to local educational agencies: (1) that benefit dependents of members and DOD civilian employees; and (2) with significant enrollment changes due to base closures or realignments, force structure changes, or force relocations.
(Sec. 573) Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, then the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, then the appropriate court shall apply the higher standard.
(Sec. 574) Authorizes the Secretary of the Army to establish a Center for Military Family and Community Outreach to help increase the number of social workers and mental health service providers who are familiar with the special demands of active duty on members and their families and can adapt prevention and intervention methods to times of war and the needs of such families. Authorizes such Secretary to award grants to or enter into contracts or agreements with an historically black university in close proximity to an Army installation for the purpose of implementing a Center. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for Center purposes. Provides additional Army O&M funds to carry out this section.
(Sec. 575) Provides additional FY2012 Marine Corps O&M funds for a collaborative program that: (1) responds to escalating suicide rates and combat stress-related arrests of military personnel; and (2) trains active-duty military personnel to recognize and respond to combat stress disorder, suicide risk, substance addiction, and risk-taking behaviors and family violence. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for such purpose.
(Sec. 576) Directs the Secretary to report to the defense committees on any pilot projects that DOD is conducting on autism services.
(Sec. 577) Expresses the sense of Congress that the Secretary should work with the Consumer Financial Protection Bureau to ensure coordination with the Office of Service Member Affairs in providing financial counseling for members and their families.
(Sec. 578) Provides additional matters to be covered under preseparation counseling for members and their families, including information on home loan services and housing assistance benefits under laws administered by the Secretary of Veterans Affairs, and counseling on responsible borrowing practices.
Subtitle I: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 581) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or DOD employees in a comparable Senior Executive Service position.
(Sec. 582) Requires at least one full-time Sexual Assault Response Coordinator and one Sexual Assault Victim Advocate to be assigned to each military brigade or equivalent unit level. Directs that, as of October 1, 2013, only members of the Armed Forces and civilian DOD employees may serve in such positions. Provides for Coordinator and Advocate training and certification, requiring, as of the above date, all such Coordinators and Advocates to have completed such training and certification.
(Sec. 583) Entitles a member or dependent who is a victim of a sexual assault to legal assistance by a military legal assistance counsel, as well as assistance by a Coordinator and Advocate. Requires the member or dependent to be notified of the availability of such assistance, and given the option to opt out of any such assistance. Allows a member-victim to confidentially disclose assault details to any members providing such assistance, including personnel staffing a helpline, health care personnel, or a chaplain, without triggering an official investigation.
(Sec. 584) Amends the Uniform Code of Military Justice (UCMJ) to provide that communications between the victim of a sexual assault or other UCMJ-covered offense and a Coordinator, Advocate, or person staffing a helpline are not subject to discovery, and may not be admitted into evidence in any case arising under the UCMJ.
(Sec. 585) Directs the Secretary to maintain for at least 100 years all DOD medical, investigative, and related records prepared or collected in connection with sexual assault cases involving a member or dependent. Requires the victim to have permanent access to such records. Directs the Secretary to ensure that any such recordkeeping system does not jeopardize the confidentiality of the restricted reporting option available to a sexual assault victim. Requires a copy of the record of the court-martial involving a sexual assault to be given to the victim if the victim testified during the proceedings.
(Sec. 586) Directs the Secretary concerned to provide for the expedited consideration and approval of an application for a permanent change of station or unit transfer submitted by a member on active duty who was a victim of a sexual assault or other offense covered under the UCMJ.
(Sec. 587) Amends the Skelton Act to require the Secretary of each military department to develop a curriculum to provide sexual assault prevention and response training and education for members and civilian employees under their jurisdiction, in order to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault. Directs the Secretary of Defense to: (1) provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education, and (2) direct that managers of specialty skills associated with first responders integrate sexual assault response training in initial and recurring training courses. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for the development or implementation of sexual assault prevention and response training and education.
Subtitle J: Other Matters - (Sec. 591) Limits the annual obligation of funds for the provision of support and services to certain organizations outside DOD to $20 million beginning in FY2012.
(Sec. 592) Directs the Secretary to ensure that whenever the official flags of the 50 states are displayed by the Armed Forces, such display shall include the flags of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands.
(Sec. 593) Authorizes the Secretary to establish a military adaptive sports program for members eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty. Requires the Secretary to use competitive procedures to award any grant or contract under this section.
(Sec. 594) Directs the Secretary to carry out, during FY2012-FY2016, a career-development services program with the Education and Employment Initiative for severely wounded warriors of the Armed Forces, and their spouses, if appropriate. Requires such program to be carried out at up to 20 of the largest geographic concentrations of wounded warriors. Requires: (1) the Secretary to submit to the defense and appropriations committees plans for a cost-benefit analysis of the results of such services, and (2) lessons learned from the program to be shared with other federal agencies that provide transition services and support to disabled veterans or wounded warriors. Provides additional DOD O&M funds to carry out this section. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for the program.
(Sec. 595) Directs the CG to: (1) conduct a study of the military necessity of the Selective Service System, and alternatives to the System; and (2) report study results to the defense committees.
(Sec. 596) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be sounded by a live solo bugler or trumpeter when possible.
(Sec. 597) Supports the goals and ideals of Yellow Ribbon Day in honor of members serving overseas and apart from their families and loved ones.
(Sec. 598) Supply Our Soldiers Act of 2011 - Directs the DOD Secretary to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan, or (2) hospitalized at a military medical facility as a result of such service. Provides the benefits in the form of coupons or other evidence of credit (vouchers) to be used for postal-free mailings. Limits the weight of mail to be posted using such vouchers to 13 ounces for first-class mail and 15 pounds for packages. Authorizes appropriations. Makes the program applicable during FY2012.
(Sec. 599A) Prohibits any person, except with permission, from using the name or image of a protected individual in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner calculated to connect the protected individual with that individual's service in the Armed Forces. Defines as a "protected individual" any person who: (1) is a member of the Armed Forces; or (2) was a member at any time after April 5, 1917, and, if not living, having a surviving spouse, child, parent, grandparent, or sibling. Authorizes the Attorney General to bring actions for violations of this section.
(Sec. 599B) Directs the Secretaries of the Army and the Navy to: (1) review the service records of certain Jewish-American World War I veterans to determine whether that veteran should be posthumously awarded the Medal of Honor; and (2) upon a positive determination, submit a recommendation to the President that the President make such award. Makes eligible for such review and award each Jewish-American World War I veteran: (1) who was previously awarded the Distinguished Service Cross, Navy Cross, or other military decoration for service during World War I; or (2) whose name is submitted to either Secretary by the Jewish War Veterans of the United States of America within one year after the enactment of this Act.
(Sec. 599C) Prohibits amounts appropriated pursuant to this Act for military musical units from exceeding $200 million.
(Sec. 599D) Authorizes and requests the President to award the Medal of Honor posthumously to Captain Emil Kapaun for acts of valor during the Korean War.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2012 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.6%, effective January 1, 2012, the rates of basic pay for military personnel.
(Sec. 602) Resumes through 2012 DOD authority to provide temporary increases in the rates of basic allowance for housing due to significant growth in assigned military personnel or a major disaster. (Under current law, this authority terminated at the end of 2009.)
(Sec. 603) Allows the Secretary of the Navy to provide lodging or compensation for housing to enlisted personnel who are deprived of their quarters due to ship construction, including at shipyards affected by base realignment and closure activities in Pascagoula, Mississippi, and Bath, Maine.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2012 specified authorities currently scheduled to expire at the end of 2011 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
Subtitle C: Travel and Transportation Allowances Generally - (Sec. 621) Extends through 2012 DOD authority to reimburse Selected Reserve personnel for travel expenses for inactive-duty training outside normal commuting distance.
(Sec. 622) Requires (under current law, authorizes) the Secretary concerned to provide a travel and transportation allowance for non-medical attendants of seriously ill or wounded members.
(Sec. 623) Includes within a DOD program providing rest and recuperation benefits to certain members undergoing extended deployment to a combat zone a member assigned to duty for at least 270 days as a participant in the Egypt Multi-National Force and Observers Mission. Provides funding. Reduces funding for the Army Joint Tactical Radio System.
Subtitle D: Consolidation and Reform of Travel and Transportation Authorities - (Sec. 632) Provides revised and updated definitions, administrative provisions, and general and specific authorities concerning military travel and transportation. Authorizes the Secretary to conduct pilot programs to test alternative methods for performing and reimbursing travel, for limiting the need for travel, and for reducing the environmental impact of travel.
(Sec. 633) Recodifies and renumbers current military travel and transportation authorities.
(Sec. 634) Terminates current military travel and transportation authorities with respect to travel that occurs after ten years after the enactment of this Act.
(Sec. 635) Makes technical and clerical amendments necessitated by the recodified and renumbered authorities.
(Sec. 636) Directs the Secretary to develop a plan to implement the transition from current military travel and transportation authorities to the revised and updated authorities within the 10-year period following the enactment of this Act. Requires the Secretary to prepare such plan, and modify current law to facilitate the transition process, in coordination with the Secretary of Homeland Security (with respect to the Coast Guard), the Secretary of Health and Human Services (with respect to the commissioned corps of the Public Health Service), and the Secretary of Commerce (with respect to the National Oceanic and Atmospheric Administration [NOAA]).
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 641) Includes within the use of DOD uniform funding authority (thereby allowing simplified business practices and accounting procedures) those permanent change of station and temporary duty lodging programs operated through nonappropriated fund instrumentalities (NFIs).
(Sec. 642) Allows NFIs to enter into single-year or multiyear contracts with another DOD element, another federal agency, or a private-sector agency in order to provide or obtain goods and services beneficial to efficient management of a military exchange system or a morale, welfare, and recreation system. Authorizes NFIs to participate in partnerships with private entities to provide no-cost programs to the government on military installations using government facilities and other government support resources.
(Sec. 643) Designates the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites.
(Sec. 644) Authorizes (under current law, requires) the Secretary of the Navy to select products to be sold aboard Navy ships.
(Sec. 645) Authorizes the military exchange services to issue and sell their obligations to the Federal Financing Bank in accordance with requirements of the Federal Financing Bank Act of 1973.
(Sec. 646) Authorizes the Defense Commissary Agency to operate an enhanced commissary store at a military installation designated for closure or realignment under a defense base closure law. Allows such store to sell, in addition to regularly-permitted merchandise, alcoholic beverages, tobacco products, and items in such other merchandise categories as the Secretary may select. Allows the Secretary to determine the sale prices for merchandise sold at an enhanced commissary store, except that such prices shall be at least 10% below the average price of comparable merchandise sold in local retail stores. Allows the Secretary to retain sale profits to offset the cost of store operation. Authorizes the Secretary to use sale proceeds to support substance abuse prevention programs for store patrons. Allows enhanced commissary stores to be in operation between October 1, 2011, and December 31, 2013. Provides funding to support the substance abuse prevention assistance (with a corresponding offset).
Subtitle F: Disability, Retired Pay and Survivor Benefits - (Sec. 651) Increases monthly amounts, and establishes additional monthly amounts for FY2018-FY2021, to be paid as a special survivor indemnity allowance to surviving or former spouses of deceased members who do not receive a full annuity amount under the Survivor Benefit Program (SBP) due to the concurrent receipt of dependency and indemnity compensation through the Department of Veterans Affairs (VA). Extends the special survivor allowance authority until October 1, 2021.
Subtitle G: Other Matters - (Sec. 661) Authorizes the Secretary or a military department Secretary to reimburse the American National Red Cross for humanitarian support and other services provided to members and their dependents.
(Sec. 662) Treats members and DOD civilian employees killed or wounded in the shootings at Fort Hood, Texas, on November 5, 2009, as members killed or wounded in a combat zone or civilian employees killed or wounded in a terrorist attack or while serving in a contingency operation, respectively, for purposes of applicable laws, regulations, and policies concerning compensation, awards, and other benefits for which such members and employees are eligible.
(Sec. 663) Directs the surgeons general of the Army, Navy, and Air Force to report to Congress on their staffing needs for health care professionals in the active and reserve components.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Expresses the sense of Congress that: (1) career military personnel and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of a 20-30 year career, and (2) those decades of sacrifice constitute a significant pre-paid premium for health care during a career member's retirement that is over and above what the member pays with money. Limits, beginning with FY2012, the increase in the annual DOD patient enrollment fees to the percentage by which retired pay is increased.
(Sec. 702) Authorizes the Secretary to provide food and beverages to certain members and dependents receiving outpatient care at a military medical treatment facility, or to family members providing care to an infant receiving inpatient care at such a facility.
(Sec. 703) Directs the Secretary to provide to any reserve member performing inactive-duty training during scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be available for referrals during duty hours at the principal duty location of the member's unit. Requires each reserve member participating in annual training or individual training to have access, while so participating, to the behavioral health support programs available to reserve personnel.
(Sec. 704) Amends the NDAA for Fiscal Year 1997 to prohibit a Medicare-eligible military retiree from newly enrolling in the managed care program of a designated provider after September 30, 2012.
(Sec. 705) Requires the Secretary to provide a person-to-person mental health assessment for each member deployed in support of a contingency operation: (1) once during the period beginning 60 days before the deployment, (2) once during each 180-day period in which the member is so deployed, (3) once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date, and (4) once each over the next three years following the redeployment date. Provides assessment exceptions, including when the member was not subjected or exposed to operational risk factors during the deployment. Terminates assessment requirements after the individual's discharge or release. Allows the Secretary, in order to prevent suicide, self-harm, harm to others, or under-performance, to: (1) retire a member if the member is otherwise qualified for retirement, or (2) redeploy the member to a location where the member may receive appropriate medical treatment. Requires the Secretary to share assessment information with the Secretary of Veterans Affairs for purposes of the transition of health care and treatment provided by DOD to health care and treatment provided by the VA. Directs the Secretary to prescribe regulations for the administration of this section, and to report to Congress on such regulations, including the implementation of such regulations by the military departments, and an evaluation of the effectiveness of the mental health assessments.
(Sec. 706) Includes as covered individuals under TRICARE Standard (a DOD managed health care program) a member of the Individual Ready Reserve who served on active duty for an aggregate of at least one year beginning on or after September 11, 2001. Provides funding (with a corresponding offset).
Subtitle B: Health Care Administration - (Sec. 711) Directs the President, through the Secretary, to establish a unified command for medical operations of the Armed Forces. Requires all active military medical treatment facilities, training organizations, and research entities of the Armed Forces to be assigned to the unified command. Requires the unified command commander to hold the grade of general or admiral while serving in such position, and to be appointed by the President, by and with the advice and consent of the Senate. Provides subordinate commands to the unified command, with appropriate grades of commanders thereof. Outlines unified command commander responsibilities, including all affairs relating to medical operations activities, as well as the Defense Health Program. Directs the Secretary to establish the Defense Health Agency, and transfer to such Agency the TRICARE Management Agency and all functions of the TRICARE Program. Requires the Secretary to: (1) submit to the defense and appropriations committees a plan for establishing the unified command, and to notify such committees at least 30 days before establishing the command; and (2) after such notification, report to such committees on the establishment of the command and of the Defense Health Agency.
(Sec. 712) Limits the FY2012 obligation of funds for procurement, RDT&E, or O&M of the future electronic health records to 10% until 30 days after the Secretary reports to the defense and appropriations committees on an architecture to guide the transition of such program, and related information.
(Sec. 713) Expresses the sense of Congress that: (1) the Secretary and the VA Secretary need to renew and improve efforts to reach out to rural America, which has less access to care; (2) behavioral health services for active duty members, members of the reserves and National Guard, and veterans need to be more easily and readily accessible; and (3) medical records and records of deployment need a better transition and collaboration between DOD and the VA. Includes as additional individuals authorized to provide health care at DOD facilities civilian DOD employees, DOD personal services contractors, or other health-care professionals credentialed and privileged at a federal health care institution or location specially designated by the Secretary. Requires the Secretary to report to Congress on: (1) plans to develop and expand programs to use new Internet and communication technologies for improved access to care and resources, including telemedicine, telehealth care services, and telebehavioral health programs that ensure patient privacy; and (2) plans to improve the transition of health and battlefield deployment records to better assist and care for veterans.
Subtitle C: Other Matters - (Sec. 721) Directs the Secretary to: (1) conduct a review of women-specific DOD health services and treatment for female members, and (2) report review results to the defense and appropriations committees.
(Sec. 722) Amends the NDAA for Fiscal Year 2010 to change from annually to biennially through 2015 the frequency of CG reports following reviews of the DOD-VA medical facility demonstration project.
(Sec. 723) Requires a report from the CG to the defense committees on contracting activities of the military departments with respect to providing health care professional services to members, dependents, and retirees.
(Sec. 724) Authorizes additional appropriations for: (1) the Wounded Warrior Program, as established under this section, which would evaluate and deploy novel treatment strategies for wounded members, with an emphasis on the most common musculoskeletal injuries; (2) cooperative health care agreements between military installations and local or regional health care systems for members and communities surrounding installations with both active duty and training components but without inpatient medical facilities; (3) the prostate cancer imaging research initiative; (4) the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury; (5) collaborative military-civilian trauma training programs; (6) the development of national medical guidelines for the post-acute rehabilitation of individuals with traumatic brain injury; and (7) competitive programs for alcohol and substance abuse disorders. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for such programs and activities.
(Sec. 731) Directs the Secretary and the VA Secretary to carry out a five-year pilot program to provide payment for treatment of traumatic brain injury or PTSD received by members and veterans in facilities other DOD or VA medical facilities. Requires payments to be made within 30 days after a member or veteran submits documentation regarding the treatment. Directs such Secretaries to jointly develop and maintain a database of each patient case involving the use of treatment under this section. Allows the Secretary of a military department to assign a member to temporary duty to receive covered treatment. Requires each Secretary to notify each member or veteran with a service-connected injury or disability of the opportunity to receive such treatment. Directs the Secretaries to jointly report to Congress on implementation of the pilot program. Terminates pilot program authority five years after the enactment of this Act. Authorizes appropriations. Provides funding, with a corresponding offset. Requires merit-based or competitive selection procedures to be used with respect to such funds.
(Sec. 732) Directs the Secretary to report to the defense and appropriations committees on establishing an active registry for each incidence of a member being exposed to occupational and environmental chemical hazards, including waste disposal, during contingency operations, in order to monitor possible health risks and provide necessary treatment.
(Sec. 733) Amends the Wounded Warrior Act to authorize the Secretary to provide an active-duty member with a severe injury or illness with rehabilitative equipment, including recreational sports equipment that provides an adaption or accommodation for such member, regardless of whether such equipment is intentionally designed to be adaptive equipment.
(Sec. 734) Expresses the sense of Congress that: (1) PTSD is an increasingly common disease suffered by returning members; and (2) access to treatment for members with PTSD should be expanded to include local and community medical facilities.
(Sec. 735) Requires the Secretary to report to the defense and appropriations committees assessing the benefits of neuroimaging in an effort to identify and increase the diagnostic properties of PTSD.
(Sec. 736) Directs the DOD and VA Secretaries to jointly: (1) conduct a study on the incidence of breast cancer among members and veterans, and (2) report study results to Congress. Provides funding, with corresponding offsets.
(Sec. 737) Requires the Secretary to: (1) develop a plan to transfer the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury from the TRICARE Management Activity to a military department; and (2) notify the defense and appropriations committees of the plan, including the department chosen.
(Sec. 738) Directs the Secretary to report to the above committees on how the Secretary will identify, refer, and treat traumatic brain injuries of members who served in Operations Enduring Freedom or Iraqi Freedom before the date in June, 2010, on which the memorandum on using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential traumatic brain injury took effect.
(Sec. 739) Amends the NDAA for Fiscal Year 2008 to change from biannually to biennially the frequency of reports on survey results concerning the continued viability of TRICARE Standard and TRICARE Extra.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Prohibits a major defense acquisition program (MDAP) from receiving milestone A (technology development) approval until the Milestone Decision Authority certifies that a preliminary analysis of core logistics capabilities for each major weapons system of the MDAP has been performed. Requires the MDAP's core logistics requirements and associated sustaining workload to have been identified before the MDAP may receive milestone B (engineering and manufacturing development) approval. Requires certification that relevant sustainment criteria and alternatives were sufficiently evaluated and addressed for MDAP sustainment through its projected life cycle. Eliminates MDAP requirements references to Key Decision Points A and B.
(Sec. 802) Allows a DOD officer or employee to disclose sensitive information to a litigation support contractor only if: (1) the disclosure is solely for providing litigation support to the government; and (2) the contractor agrees to and acknowledges responsibility for the use, and prevention of further disclosure, of such information.
(Sec. 803) Includes any individual performing contract work under a defense contract within the maximum allowable compensation limit. (Under current law, such limit applies only to senior executives of contractors).
(Sec. 804) Requires the Secretary to: (1) manage supplier risk in accordance with standards outlined under the Small Business Act, including required use of a business credit reporting bureau; and (2) ensure that existing suppliers are identified and tracked for events that may affect supplier performance, including suspensions, mergers and acquisitions, bankruptcy filings, and criminal proceedings.
(Sec. 805) Allows funds credited to the Defense Acquisition Workforce Development Fund to be available for the year credited and the two succeeding fiscal years.
(Sec. 806) Requires the Director of the Defense Contract Audit Agency to: (1) prepare an annual report of Agency activities, and (2) submit each report to the defense and appropriations committees. Requires the public availability of each report 60 days after such submission.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Requires a critical change report with respect to a major automated information system (MAIS) within five years after the contract is awarded. (Under current law, such report is required when MAIS investment has failed to achieve a full deployment decision within five years after funds are first obligated.)
(Sec. 812) Requires annual Selected Acquisition reports to be submitted to Congress within 45 (under current law, 60) days after the end of the first fiscal quarter.
(Sec. 813) Extends through FY2015 the deadline for certain protests of civilian agency task and delivery order contracts.
(Sec. 814) Makes the $30,000 cost threshold applicable only to right-hand drive passenger sedans (thereby excluding from such threshold other right-hand drive vehicles such as ambulances, fire trucks, and buses).
(Sec. 815) Provides that Buy American requirements for tents, tarpaulins, or covers purchased by DOD includes the materials and components of such items.
(Sec. 816) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to repeal DOD authority to purchase articles containing para-aramid fibers and yarns from certain foreign countries. Prohibits DOD from including within a procurement solicitation a requirement that proposals submitted must include the use of such fibers and yarns.
(Sec. 817) Amends the NDAA for Fiscal Year 2008 to repeal the January 1, 2015, termination date on DOD authority to procure from certain foreign countries fire-resistant rayon fiber for uniforms.
Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 821) Prohibits the Secretary, as of 60 days after the enactment of this Act, from awarding a contract in support of a contingency operation in Iraq or Afghanistan to an adverse entity (one determined to be directly engaged in hostilities against the United States or its coalition partners, or substantially supporting forces so engaged). Authorizes the Secretary to void any such contract in effect before, on, or after such effective date.
(Sec. 822) Makes the simplified acquisition threshold $1 million and the micro-purchase threshold $25,000 with respect to the DOD procurement of property or services determined to be used in support of a contingency operation in Iraq or Afghanistan, regardless of whether the contract award or procurement occurs inside or outside the United States.
(Sec. 823) Authorizes the Secretary to examine the records of a foreign contractor performing a contract in support of a contingency operation in Iraq or Afghanistan. Makes an exception for a contractor that is a foreign government or agency or that is precluded by applicable laws from making such records available.
(Sec. 825) Directs the Secretary to establish a Quality Assurance Surveillance Plan setting standards to be incorporated in DOD oversight plans governing all security contractors operating in Afghanistan, and other future contingency operations, under a contract or subcontract funded by DOD. Requires: (1) the plan to be implemented within six months after the enactment of this Act; and (2) the CG to assess DOD compliance with the plan, and report assessment results to Congress.
(Sec. 826) Directs the Secretary to: (1) establish goals for competition in contracts awarded by DOD for the procurement of property or services to be used outside the United States in support of a contingency operation, (2) develop processes to measure and monitor such competition, and (3) require a competition advocate of DOD to conduct an annual review of each omnibus contract awarded by DOD for such purposes. Amends the NDAA for Fiscal Year 2008 to require to be included, in an annual report on DOD contracting in Iraq and Afghanistan, the percentage of contracts awarded on a competitive basis and a justification for any non-competitively awarded contingency contracts.
Subtitle D: Defense Industrial Base Matters - (Sec. 831) Directs the Secretary to report to the defense and appropriations committees on the defense industrial base pilot program.
(Sec. 832) Requires the Secretary to: (1) assess the current and long-term availability within the U.S. industrial base of critical equipment, components, and materials needed to support short or prolonged conventional conflicts, and (2) submit assessment results to Congress. Directs the CG to review and report on such assessment.
(Sec. 833) Directs the CG to assess, and report to the defense committees on, the effect of government-mandated and supported competition in the defense industrial base.
(Sec. 834) Requires the Secretary to submit to the defense, appropriations, and foreign relations committees an assessment of the impact of foreign boycotts on the defense industrial base.
(Sec. 835) Directs the Administrator of the Defense Logistics Agency Strategic Materials to submit to the Secretary a plan to establish an inventory of rare earth materials necessary to ensure their long-term availability in supporting national defense requirements. Requires the Secretary to determine whether to execute such plan within 90 days after its receipt. Specifies the rare earth materials and elements to be included in the inventory.
Subtitle E: Other Matters - (Sec. 841) Amends the Skelton Act to: (1) remove the requirement that the acquisition process for the rapid fielding of capabilities in response to urgent operational needs may only be applied for capabilities that can be acquired under fixed-price contracts; (2) remove a requirement that guidance issued by the Secretary on the management of manufacturing risk in MDAPs include the use of manufacturing readiness levels as a basis for measuring, assessing, reporting, and communicating manufacturing readiness and risk; and (3) authorize (current law requires) the Secretary to establish a defense research and development rapid integration program.
(Sec. 842) Amends the Skelton Act to consider DOD as owning a photovoltaic device if such device is installed on DOD property or in a facility owned or leased by DOD.
(Sec. 843) Provides that U.S. district courts shall have no jurisdiction to hear bid protest disputes involving maritime contracts.
(Sec. 844) Amends the Energy Independence and Security Act of 2007 to exempt DOD from such Act's alternative fuel procurement contract requirements.
(Sec. 845) Directs the Secretary, in evaluating offers submitted in response to a solicitation for contracts, to provide a preference for contractors that, among other things: (1) enhance educational programs in science, technology, engineering, and math programs (STEM); and (2) establish partnerships with historically Black colleges and universities and minority institutions for training students and awarding scholarships and fellowships in scientific disciplines.
(Sec. 846) Requires the Secretary to report to the defense, appropriations, and budget committees on the use or modification of indemnification agreements within DOD contracts. Allows the Secretary to omit report information for national security purposes.
(Sec. 847) Prohibits an executive agency from requiring an entity submitting an offer for a federal contract to disclose information on their political contributions.
(Sec. 848) Expresses the sense of Congress that long-term contracting for alternative fuels is in the best interests of DOD, provides stability and insulation from fuel price increases, and should be supported.
(Sec. 849) Requires the Associate Administrator for Acquisition Workforce Programs to: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; and (2) be located in the Office of Federal Procurement Policy (OFPP). (Under current law, such Associate Administrator is located in the Federal Acquisition Institute.) Establishes such Institute, headed by a Director, and outlines its duties with respect to the federal acquisition workforce and related activities. Requires the Institute to report through its Board of Directors to the Administrator for Federal Procurement Policy. Provides Board duties. Requires: (1) the Administrator to provide and update government-wide training standards and certification requirements, and (2) all federal civilian agency acquisition internship or training programs to follow OFPP guidelines to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government.
(Sec. 850) Amends the NDAA for Fiscal Year 2004 to require additional report information on DOD waivers from Buy American requirements.
(Sec. 851) Directs the DOD Inspector General to: (1) assess consolidated contracting actions relating to base services and construction activities from October 2009 through October 2011 to ensure DOD compliance with provisions of the Small Business Jobs Act of 2010, and (2) brief the defense and appropriations committees on assessment findings.
(Sec. 852) Requires the Secretary to develop and implement a plan to address shortfalls in operational contract support requirements determination, management, oversight, and administration.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Revises generally the conditions required prior to the obligation of funds for defense business system modernization. Consolidates reports required of DOD deputy chief management officers with those required of the chief management officers of the military departments under the NDAA for Fiscal Year 2009.
(Sec. 902) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps, and (2) the Secretary of the Navy as the Secretary of the Navy and Marine Corps. Provides for the appropriate redesignation of subordinate offices within the Navy due to such redesignation.
Subtitle B: Space Activities - (Sec. 911) Prohibits the Federal Communications Commission (FCC) from lifting any conditions imposed on commercial terrestrial operations (operations) or otherwise permitting such operations until it has resolved concerns of widespread harmful interference by such operations to the Global Positioning System (GPS) devices of DOD. Requires the FCC, prior to permitting such operations, to make available the final working group report mandated by the Order and Authorization numbered DA 11-133, and to provide all interested parties an opportunity to comment on such report. Directs the FCC, at the conclusion of proceedings concerning such operations, to submit to specified congressional committees official copies of documents containing the FCC final decision on whether to permit the operations. Provides that, if the FCC decision is to permit such operations, such documents shall contain an explanation of how DOD GPs devices interference concerns have been resolved.
Subtitle C: Intelligence-Related Matters - (Sec. 921) Directs the Secretary to report to the defense, appropriations, and intelligence committees and the CG on actions taken in response to CG recommendations concerning the sharing of intelligence information across the defense elements of the intelligence community. Requires the CG to review such report and submit review results to such committees.
(Sec. 922) Directs the Secretary to establish a program for information sharing protection and insider threat mitigation for the information systems of DOD to detect unauthorized access to, or use or transmission of, classified or controlled unclassified information. Provides deadlines for initial and full operating capability for such program. Requires the Secretary to: (1) report to the defense and appropriations committees on the implementation plan for the program, and (2) brief the defense committees with respect to a governance structure and process that integrates information security and sharing technologies with DOD policies and procedures to support such program.
Subtitle D: Total Force Management - (Sec. 931) Directs the Secretary to establish policies and procedures for determining the appropriate mix of military, civilian, and contractor personnel to perform the DOD mission (total force management plan). Requires the Secretary to ensure that establishment of an appropriately balanced workforce to carry out core mission areas takes precedence over cost savings. Provides for the delegation of responsibilities in implementing such policies and procedures.
(Sec. 932) Requires DOD civilian personnel to be managed on the basis of workload and in support of the total force management plan, above.
(Sec. 933) Requires in an annual report from the Secretary on DOD expenditures, work, and accomplishments an accounting for DOD contractors. Requires guidelines related to civilian personnel reductions and processes for the acquisition of services to comply with the total force management plan.
(Sec. 934) Requires the annual defense manpower requirements report to include: (1) a projection of the annual DOD civilian personnel requirements, as well as the strength levels of the previous year, and (2) an estimate for contractor requirements for support services.
(Sec. 935) Revises the DOD strategic workforce plan to: (1) change from annual to biennial its report requirement, (2) require the plan to cover a five-year period corresponding to the future-years defense program, and (3) conform such plan to the total force management plan.
(Sec. 936) Makes technical amendments to DOD requirements for contracted services.
(Sec. 937) Amends the NDAA for Fiscal Year 2010 to: (1) remove a requirement that the Secretary certify compliance with requirements for conversion of DOD functions to contractor performance, and (2) require the CG to assess a report submitted by the Secretary on the conduct of public-private competitions for such conversions.
(Sec. 938) Revises provisions concerning the preliminary planning and duration of such public-private competitions to place preliminary planning responsibility with the Under Secretary of Defense for Personnel and Readiness. Includes public-private competitions of a defense agency within such requirements (under current law, limited to military departments).
(Sec. 939) Requires: (1) inherently governmental functions to be performed by DOD civilian employees, (2) a cost analysis and savings differential before converting certain commercial functions to performance by DOD civilian employees, and (3) notification to a contractor of the intent to perform by DOD civilian employees a contract currently performed by the contractor (requiring a copy of such notification to the defense and appropriations committees).
(Sec. 940) Directs the Secretary to: (1) assess the appropriate mix of DOD civilian personnel and contractor personnel to carry out the mission and functions of the Defense Medical Readiness Training Institute, (2) include consideration of the total force management plan within such assessment, and (3) report assessment results to the defense and appropriations committees.
Subtitle E: Quadrennial Roles and Missions and Related Matters - (Sec. 951) Requires the JCS Chairman to advise the Secretary on the assignment of functions of the Armed Forces with a goal of obtaining maximum efficiency and effectiveness. Requires the National Military Strategy Review to be consistent with the Quadrennial Roles and Missions Review (Quad Review).
(Sec. 952) Revises the Quad Review to require consideration of the functions and capabilities of DOD and its major components to achieve the objectives of the national defense strategy and national military strategy.
(Sec. 953) Amends the NDAA for Fiscal Year 2008 to include functions identified under the most recent Quad Review within the Secretary's presentation of the future-years budget. Directs the CG to prepare a report on the sufficiency of DOD budget documentation.
(Sec. 954) Requires the JCS Chairman to include within each National Military Strategy an assessment of: (1) the critical deficiencies and strengths in force capabilities identified during the preparation and review of contingency plans of each combatant commander, and (2) the effect of such deficiencies and strengths on meeting national security objectives, policy, and strategic plans. Directs the Secretary to submit to Congress a plan for mitigating any critical deficiency in force capability under a contingency plan, as identified by the JCS Chairman.
(Sec. 955) Expresses the sense of Congress that the quadrennial defense review is a critical strategic document and should be based upon a process unconstrained by budgetary influences. Requires each such review to make recommendations that are not constrained by the budget, in order to allow Congress to determine the level of acceptable risk to execute within appropriated funds the missions associated with the national defense strategy.
Subtitle F: Other Matters - (Sec. 961) Amends the NDAA for Fiscal Year 2008 to provide an annual deadline through 2013 for a report concerning foreign language proficiency of DOD personnel.
(Sec. 962) Affirms the Secretary's authority to conduct military activities in cyberspace. Includes within such authority clandestine operations: (1) in support of a military operation pursuant to the Authorization for Use of Military Force against a target outside the United States, or (2) to defend against a cyber attack against a DOD asset. Directs the Secretary to provide quarterly briefings to the defense committees on military cyberspace activities.
(Sec. 963) Authorizes the Secretary to temporarily assign a member of the military forces of a foreign government to a DOD organization in order to assist such member in obtaining education and training to improve understanding of and response to information security threats, vulnerabilities, and consequences. Requires the Secretary, in making such assignments, to include adequate safeguards of DOD information security. Directs the Secretary to report to Congress on expanding such program to include ministry of defense officials, security officials, or other civilian officials of foreign countries.
(Sec. 964) Directs the Secretary to submit to the defense and appropriations committees a study of the U.S. Special Operations Command sub-unified structure.
(Sec. 965) Expresses the sense of Congress that: (1) the government should rely on commercially available sources to provide commercial products and services when the product or service can be procured more economically from the commercial source, (2) this policy conforms with DOD total force management procedures regarding which sector should perform each requirement, and (3) DOD should not convert performance of a DOD contractor function to performance by DOD civilian employees unless the function is inherently governmental in nature or the conversion is necessary to comply with DOD requirements as amended by this Act.
(Sec. 966) Prohibits any non-government entity or personnel participating in the Defense Industrial Base Active Cyber Defense Pilot Project from being considered an agent of any local, state, or federal government by reason of such participation.
(Sec. 967) Requires one of the DOD Assistant Secretaries to be the Assistant Secretary of Defense for Contingency Contracting, to advise the Secretary and Under Secretary on matters relating to planning, funding, staffing, and managing DOD contingency contracting. Requires the establishment of the Office of Contingency Contracting.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
Subtitle B: Counter-Drug Activities and Counter Transnational Criminal Activities - (Sec. 1011) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities.
(Sec. 1012) Amends the NDAA for Fiscal Year 1991 to extend through FY2013 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies.
(Sec. 1013) Amends the NDAA for Fiscal Year 1998 to extend through FY2013 authorized DOD support for counterdrug activities of certain foreign governments.
(Sec. 1014) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2012 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1015) Expresses the sense of Congress that: (1) the Secretary should continue to increase intelligence and technology sharing information and capability to mitigate national security threats along the border between the United States and Mexico, including infiltration and border breaches by transnational criminal organizations; and (2) the Secretary should consider operationally testing along such border emerging technologies and capabilities developed for purposes of detection, intelligence, and surveillance. Directs the Secretary to brief the defense and appropriations committees on the effectiveness of ongoing collaborative programs with the government of Mexico intended to strengthen the capability of Mexican forces to detect and deter infiltration and other national security threats by such organizations.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Repeals a provision requiring the Secretary of the Navy to submit a long-range plan for the construction of naval vessels. Directs (instead) the Secretary to include with defense budget materials each year: (1) a plan for the construction of combatant and support vessels for the Navy, and (2) a certification that both the budget for that fiscal year and the future-years defense program relating to such budget provide for sufficient funding of the construction of such vessels. Requires the Director of the Congressional Budget Office (CBO) to report to the defense and appropriations committees assessing the sufficiency of the estimated levels of annual funding included in the plan.
(Sec. 1022) Encourages the Secretary of the Navy to name the next available naval vessel after U.S. Marine Corps Sergeant Rafael Peralta.
Subtitle D: Counterterrorism - (Sec. 1031) Defines for purposes of this subtitle an "individual detained at Guantanamo" as any individual located at U.S. Naval Station Guantanamo Bay, Cuba, on or after March 7, 2011, who: (1) is not a citizen of the United States or a member of its Armed Forces, and (2) is in the custody or control of DOD.
(Sec. 1032) Extends through FY2014 DOD authority to make awards to individuals for providing assistance in combating terrorism to U.S. government personnel or government personnel of allied forces participating in a combined operation with U.S. Armed Forces.
(Sec. 1033) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
(Sec. 1034) Affirms that the United States is in an armed conflict with al Qaeda, the Taliban, and associated forces, and that the President is authorized to detain unprivileged enemy belligerents in connection with such conflict until the termination of hostilities.
(Sec. 1035) Directs the Secretary to submit to the defense committees a national security protocol outlining legal representation and communication privileges of individuals detained at Guantanamo.
(Sec. 1036) Requires the Secretary to establish a review process to review the detention of each individual detained at Guantanamo to determine whether continued detention is necessary to protect U.S. national security. Requires a full review of each individual at least every three years, and a file review at least once a year. Directs the Secretary to establish military review panels to conduct such reviews. Outlines military panel proceedings requirements, as well as file review procedures. Establishes an interagency review board to review military panel recommendations, and to take specified action upon a determination of clear error. Requires such review board, upon a determination against continued detention of an individual, to identify a suitable transfer location outside the United States. Allows a military panel to reevaluate any individual whose panel recommendation is rejected by the board. Directs a review board to forward recommendations to the Secretary for signature. Provides review exceptions. Directs the Secretary to report to the defense and intelligence committees on the establishment of the review process.
(Sec. 1037) Prohibits FY2012 DOD funds from being used to: (1) construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from Guantanamo, (2) allow any family member to visit an individual detained at Guantanamo, or (3) transfer or release such an individual to the United States or its territories or possessions.
(Sec. 1040) Prohibits FY2012 DOD funds from being used to transfer such an individual to their country of origin or any other foreign country or entity until 30 days after a certification to Congress relating to the anti-terrorism and other aspects of the transfer country. Prohibits transfer to a country or entity if there is a confirmed case of an individual being transferred there who subsequently engaged in terrorist activity (with an authorized waiver by the Secretary).
(Sec. 1041) Directs the Secretary, beginning in 2012, to provide quarterly briefings to the defense and appropriations committees on DOD counterterrorism operations and related activities involving special operations forces.
(Sec. 1042) Requires Department of Justice (DOJ) consultation with the Secretary and the Director of National Intelligence concerning: (1) whether the prosecution of an alien for a terrorist offense should take place in a U.S. district court or before a military commission, and (2) whether the individual should be transferred into military custody for intelligence interviews.
(Sec. 1043) Prohibits an individual formerly detained at Guantanamo who has been repatriated to Micronesia, Palau, or the Marshall Islands from being afforded the rights and benefits set forth in the Compact of Free Association.
(Sec. 1044) Expresses the sense of Congress: (1) commending the men and women of DOD and the Armed Forces for their tremendous commitment to keeping our country safe, and (2) honoring DOD and the Armed Forces for their success in preventing terrorist attacks on U.S. soil and around the world since 9/11.
(Sec. 1045) Directs the President to: (1) issue national security planning guidance in support of U.S. objectives to deny safe havens to al Qaeda and its violent extremist affiliates and to strengthen at-risk states, and (2) review and update such guidance as necessary. Requires any such guidance or updates to be submitted to the defense and foreign relations committees. Provides for implementation by each agency listed in the guidance.
(Sec. 1046) Requires trial by military commission only for any foreign national who: (1) engages or has engaged in conduct constituting an offense related to a terrorist attack against persons or property in the United States or against any U.S. government property or personnel outside the United States, and (2) is subject to trial by military commission under the UCMJ.
Subtitle E: Nuclear Forces - (Sec. 1051) Requires the Commander of the U.S. Strategic Command, the Director of the Strategic Systems Program of the Navy, and the Commander of the Global Strike Command of the Air Force to each: (1) annually assess the performance and effectiveness of their respective delivery platform for nuclear weapons and nuclear command and control system, and (2) report assessment results to the Secretary and the Nuclear Weapons Council. Directs the: (1) Secretary to submit each report to the President, together with comments and conclusions; and (2) President to submit such reports to the defense and appropriations committees.
(Sec. 1052) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees a DOD plan to implement the nuclear force reductions, limitations, and verification and transparency measures contained in the New START Treaty. Requires the CG to review such plan, and submit review results to the defense and appropriations committees.
(Sec. 1053) Directs the President to report annually from 2013 through 2019 to the defense, appropriations, and foreign relations committees on the plan for the safety, security, and modernization of the nuclear weapons stockpile, nuclear weapons complex, and related delivery platforms.
(Sec. 1054) Expresses the sense of Congress that: (1) any reductions in U.S. nuclear forces should be supported by a thorough assessment of the strategic environment, threat, and policy, as well as the technical and operational implications of such reductions; and (2) specific criteria are necessary to guide future decisions regarding further reductions in such forces.
(Sec. 1055) Prohibits the Secretary or the Secretary of Energy from obligating or expending any amounts appropriated to DOD or the Department of Energy (DOE) for FY2011-FY2017 to retire specified U.S. nuclear systems as required by the New START Treaty. Allows a waiver of such prohibition if such Secretaries jointly notify the defense and appropriations committees of the status of carrying out the modernization plan required under section 1053, above. Prohibits such Secretaries from obligating or expending any amounts appropriated to DOD or DOE to retire, dismantle, or eliminate any nondeployed strategic or nonstrategic nuclear weapon until 90 days after written certification to the defense and congressional committees. Provides an exception with respect to legacy warheads awaiting dismantlement on the date of enactment of this Act, or for activities to ensure the continued safety, security, and reliability of the nuclear weapons stockpile. Prohibits the President from retiring, dismantling, or eliminating any U.S. nuclear weapon if such action would reduce their number to less than the level described in the New START Treaty unless such action is: (1) required by a treaty or international agreement specifically approved with the advice and consent of the Senate, or (2) specifically authorized by an Act of Congress. Provides the same exception with respect to stockpile safety, security, and reliability.
(Sec. 1056) Prohibits the President from making any changes to the U.S. nuclear employment strategy unless: (1) the President reports the proposed change(s) to the defense, appropriations, and foreign relations committees, and (2) 90 days have elapsed since such report.
(Sec. 1057) Directs the CG to study, and report to the above committees on, the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of DOD.
Subtitle F: Financial Management - (Sec. 1061) Requires the Under Secretary of Defense for Personnel and Readiness to develop policies and procedures related to the DOD financial management workforce.
(Sec. 1062) Amends the NDAA for Fiscal Year 2002 to revise the date by which the Under Secretary of Defense (Comptroller) and the assistant secretary of each military department with responsibility for financial management and comptroller functions must submit their preliminary representations regarding the expected reliability of their financial statements.
(Sec. 1063) Directs DOD's Chief Management Officer to assess the competency and effectiveness of personnel performing financial and budgetary accounting within DOD, the military departments, and the defense agencies. Requires: (1) each chief management officer within DOD and such departments and agencies to report to the Secretary on each assessment conducted, along with any appropriate corrective action plan; (2) the Secretary to report to the defense and appropriations committees on such assessments and action plans; and (3) each chief management officer to designate the accountable office for the corrective action process.
(Sec. 1064) Directs the CG to: (1) assess the extent to which DOD has tracked and realized the savings proposed pursuant to the initiative to identify at least $100 billion in efficiencies during FY2012-FY2016; and (2) during each such fiscal year, report to the defense and appropriations committees on such assessments.
(Sec. 1065) Directs the CG to: (1) assess the extent to which DOD components conducted a business case analysis prior to recommending and implementing efficiency initiatives, and (2) report assessment results to the above committees.
(Sec. 1066) Specifies the funds to be used to fund the Financial Improvement and Audit Readiness (FIAR) plan. Requires additional information regarding subordinate activities associated with interim milestones for DOD audit readiness, as required under the Skelton Act.
(Sec. 1067) Requires the Secretary to submit to Congress a corrective action plan for any weaknesses and deficiencies in the execution of the FIAR plan.
Subtitle G: Studies and Reports - (Sec. 1071) Repeals various redundant or obsolete DOD report requirements.
(Sec. 1072) Directs the Secretary to: (1) conduct a biennial review of all DOD reports required to be submitted to Congress; (2) conduct a biennial review of internal DOD reports; (3) based on such reviews, identify any redundant, burdensome, or unjustifiable report requirements; and (4) eliminate or modify such reports.
(Sec. 1073) Directs the Secretary to transmit reports required by law in electronic format to the maximum extent practicable.
(Sec. 1074) Revises provisions requiring the Secretary to provide an annual aviation report covering the subsequent 30-year period. Directs the Secretary to include in such report: (1) additional information on cost estimates; (2) Army aviation reports; (3) an inventory of all DOD aircraft; and (4) remotely-piloted vehicles, rotary-wing aircraft, and operational support and executive airlift programs.
(Sec. 1075) Revises the due date for an annual DOD report on National Guard and reserve equipment.
(Sec. 1076) Revises a required annual report from the Secretary on the use of National Guard personnel in homeland defense activities to preclude the report requirement in any year that such personnel were not used for that purpose.
(Sec. 1077) Amends the NDAA for Fiscal Year 2010 to include the foreign relations committees as recipients of a report by the Director of National Intelligence on the nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.
(Sec. 1078) Directs the Secretary to: (1) determine and make publicly available the programs funded through the overseas contingency operations accounts during the five-year period preceding the date of enactment of this Act that are unnecessary or unwanted, and (2) report to the defense committees on the results of such determination.
(Sec. 1079) Directs the President to submit to Congress: (1) an implementation plan for achieving the whole-of-government integration vision prescribed in the President's National Security Strategy of May 2010, and (2) an annual update of such plan.
(Sec. 1080) Requires the Secretary to prepare and submit to the defense and appropriations committees a report on the feasibility and desirability of recycling, recovering, and reprocessing rare earth elements, including fluorescent lighting in DOD facilities and neodymium iron boron magnets used in weapon systems and commercial off-the-shelf items such as computer hard drives.
(Sec. 1080A) Directs the Secretary to report to the defense and appropriations committees on the National Guard and reserve components.
Subtitle H: Miscellaneous Authorities and Limitations - (Sec. 1081) Authorizes the Secretary to exempt from disclosure under the Freedom Act files of the military flight operations quality assurance systems of the military departments.
(Sec. 1082) Requires the Secretary, in the FY2013 report on the Quad Review, to specifically review the capability of DOD elements responsible for conducting light attack and armed reconnaissance missions or fulfilling requests of partner nations for training in the conduct of such missions. Prohibits the availability of funds for fiscal years after 2012 for the procurement or fielding of light attack armed reconnaissance aircraft until: (1) the Joint Requirements Oversight Council validates requirements for the development or procurement of such aircraft, and (2) the Under Secretary approves their acquisition strategy. Allows the Secretary to waive such prohibition when necessary to support ongoing contingency operations in Iraq or Afghanistan.
(Sec. 1083) Earmarks National Guard State Partnership Program funds for the payment of Program participation travel costs of foreign civilian and non-defense agency personnel.
(Sec. 1084) Prohibits this Act's funds from being used for manufacturing beyond low-rate initial production at three specified prototype integration facilities. Authorizes a waiver for national security purposes or when necessary to rapidly acquire equipment to respond to combat emergencies.
(Sec. 1085) Expresses the sense of Congress that the deployment of National Guard personnel along the southwest border to assist U.S. Customs and Border Protection in securing the U.S.-Mexico border should continue through the end of FY2011.
(Sec. 1086) Amends the Skelton Act to extend through FY2012 the authority to use DOD funds for reintegration activities in Afghanistan.
(Sec. 1087) Directs the Secretary to ensure that the rules of engagement applicable to members assigned to duty in any hostile fire area: (1) fully protect the member's right to bear arms, and (2) authorize the members to fully defend themselves from hostile actions.
Subtitle I: Other Matters - (Sec. 1091) Exempts from the Freedom of Information Act DOD critical infrastructure information that, if disclosed, may result in the disruption, degradation, or destruction of DOD operations, property, or facilities, if the Secretary determines that the public interest consideration does not outweigh preventing the disclosure.
(Sec. 1092) Includes as authorized assistance and training under humanitarian demining assistance physical security, stockpile management, and explosive safety.
(Sec. 1093) Amends the Hunter Act to require (under current law, authorizes) the appropriate officials to establish a standing advisory panel on improving the coordination of national security matters between DOD, the State Department, and the Agency for International Development. Extends the program through 2016.
(Sec. 1094) Directs the Secretary of the Navy to ensure that the Navy maintains a minimum of 10 carrier wings and, for each wing, a dedicated and fully-staffed headquarters.
(Sec. 1095) Requires the Secretary, for FY2013 and thereafter, to submit to the President a budget justification display that covers all programs and activities associated with procurement of organizational clothing and individual equipment.
(Sec. 1096) Expresses the sense of Congress that the sustainment of the solid rocket motor and liquid rocket engine industrial base is a national challenge that spans multiple departments and agencies and requires the attention of the President. Directs the President to submit to Congress a national rocket propulsion strategy, containing specified elements.
(Sec. 1097) Allows religious symbols to be included as part a military memorial established or acquired by the government, or for which the American Battle Monuments Commission cooperated in establishing.
(Sec. 1098) Requires the FAA Administrator to establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges. Requires a program report from the Administrator to Congress.
(Sec. 1098A) Directs the Secretary of the Navy to report to the defense and appropriations committees on efforts to establish maintenance, repair, and overhaul capability for Navy unmanned aerial systems.
(Sec. 1099) Expresses the sense of Congress that: (1) Special Operations Forces provide a tremendous service to the Nation, and (2) the killing of Osama bin Laden is a major victory for international justice and for the United States in the war against terrorism and radical extremists.
(Sec. 1099A) Makes a corrective amendment to the American Recovery and Reinvestment Tax Act of 2009.
(Sec. 1099B) Directs the Secretary to submit to the defense committees and other appropriate committees specified information in connection with individuals formerly or currently detained by DOD at U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 1099C) Directs the Secretary to take all necessary steps to: (1) exhume the remains of 13 deceased U.S. sailors buried in or near Protestant Cemetery and Tripoli Castle in Tripoli, Libya; (2) transfer such remains for laboratory identification; (3) in the case of identified remains, transport such remains to a veterans cemetery located near the closest living family member of the deceased (or to another cemetery, as determined by the Secretary); (4) in the case of identified remains, provide a military funeral and burial; and (5) in the case of unidentified remains, transport such remains to Arlington National Cemetery for interment at the Tomb of the Unknowns.
(Sec. 1099D) States that Congress: (1) reaffirms its support for the recovery and return to the United States of the remains and bodies of all members killed in the line of duty, and efforts by the Joint POW-MIA Accounting Command to recover remains of members from all wars, conflicts and missions; (2) recognizes the courage and sacrifice of all members who participated in Operation Highjump and all missions vital to U.S. national security; (3) acknowledges the dedicated research and efforts by the U.S. Geological Survey, the National Science Foundation, the Joint POW/MIA Accounting Command, the Fallen American Veterans Foundation, and other persons and organizations to identify, locate, and advocate for the recovery of the bodies of Ensign Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation Machinist's Mate 1st Class, and Wendell Hendersin, Aviation Radioman 1st Class of the "George 1" explosion and crash; and (4) encourages DOD to review the facts, research, and pursue new efforts to recover, identify, and return the bodies of the "George 1" crew from Antarctica's Thurston Island.
(Sec. 1099E) Requires any written communication from Congress recommending that funds be committed, obligated, or expended on any project within a program element set forth in the funding tables accompanying this Act to be made publicly available on the Internet by the receiving entity of DOD within 30 days after such communication.
(Sec. 1099F) Expresses the sense of Congress that before voting begins with respect to funding any deployment of forces, Members of Congress should: (1) consider the cultures, religions, ethnicities, geographies, histories, and politics of the nations and regions in which such forces are engaged or proposed to be engaged; (2) be given access to in-depth briefings on such considerations; and (3) consider and appreciate the enormous complexities and uncertainties inherent in U.S. military engagements in certain regions, particularly the Middle East.
(Sec. 1099G) Expresses the sense of Congress: (1) encouraging efforts to increase education and public awareness of the Korean War and to honor and promote gratitude for those who served there; (2) commending the people who have spearheaded the development of a museum to promote Korean War awareness; and (3) that a national museum should be established in Chicago, Illinois, for such purpose.
(Sec. 1099H) Requires the Assistant Secretary of Defense for Research and Engineering to collaborate with the DHS Under Secretary for Science and Technology to identify equipment and technology used by DOD that could be used by U.S. Customs and Border Protection to improve the security of international borders between the United States, Mexico, and Canada.
(Sec. 1099I) Designates Taps as the National Song of Remembrance. Provides for the appropriate conduct of military and non-military persons present during the playing of Taps. Provides an exception to such conduct when Taps is sounded as the final call of the day at a military base.
(Sec. 1099J) Expresses the sense of Congress on the crucial role of the United States Northern Command in providing additional response capability to state and local governments in domestic disaster relief and consequence management operations.
(Sec. 1099K) Recognizes Salem, Massachusetts, the site of the first muster of a militia regiment in 1637 in what became the United States, as the Birthplace of the National Guard of the United States.
(Sec. 1099L) Directs the Secretary to report to Congress on the U.S. manufacturing industry as it relates to defense and security operations.
(Sec. 1099O) Directs the President to designate a National Day of Honor to celebrate members returning from deployment in support of Iraq, Afghanistan, and other combat areas.
Title XI: Civilian Personnel Matters - (Sec. 1101) Makes technical amendments to DOD performance management, hiring, and training authorities. Removes references to the Department of Defense National Security Personnel System, which was repealed by the NDAA for Fiscal Year 2010.
(Sec. 1102) Directs the Secretary, within one year after implementation of the replacement DOD performance management and workforce incentive system, to: (1) conduct assessments or surveys of employee perceptions of the system, and (2) report assessment or survey results to Congress and the CG. Requires the CG to review any such assessments or surveys and report review results to Congress. Directs the Secretary to report at least semiannually on the design and implementation of the new system. Repeals superseded provisions.
(Sec. 1103) Amends the Hunter Act to make permanent direct hiring authority at DOD demonstration laboratories.
(Sec. 1104) Prohibits the payment of annual cost-of-living adjustments to federal employees receiving an unacceptable performance rating (a rating of "below satisfactory").
(Sec. 1105) Allows a federal employee to designate any person to receive all (under current law, up to 50%) or any portion of their death gratuity in the event that such employee dies in connection with service with the Armed Forces in a contingency operation. Requires the appropriate agency head to notify the spouse in the event the employee does not choose the spouse as the beneficiary of a full death gratuity.
(Sec. 1106) Amends the Hunter Act to extend through 2012 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1107) Waives certain pay limitations for individuals hired by DOD as highly qualified experts and serving with the Armed Forces in a contingency operation (thus conforming their pay and allowances to that of other federal employees serving in such circumstances).
(Sec. 1108) Requires each federal agency head to provide for the assignment of a post-combat case coordinator for each employee of such agency who suffers an injury or disability incurred or an illness contracted as a result of a war-risk hazard or capture, detention, or other restraint by a hostile force or individual. Requires the Office of Personnel Management (OPM) to prescribe guidelines for coordinator responsibilities. Requires coordinator services to continue until: (1) the employee accepts or declines an offer of employment at the employee's agency at a level not lower than two pay grades below the employee's grade before the injury, disability, or illness; or (2) the employee gives written notice that such services are no longer desired or necessary.
(Sec. 1109) Authorizes the Secretary to waive repayment of voluntary separation incentive pay in the case of employees who accepted a reassignment with DOD during the period beginning on April 1, 2004, and ending on May 1, 2008, and had received written assurance that such repayment would not be required or would be waived.
(Sec. 1110) Extends through 2016 DOD authority to provide for the temporary continuation of health insurance coverage for employees separated due to a reduction in force.
(Sec. 1111) Provides that, in the case of conversion of an agency function from performance by contractor to performance by an agency employee, the head of that agency may waive any maximum age limit for such employee if necessary to promote the recruitment or appointment of experienced personnel.
(Sec. 1112) Expresses the sense of Congress that the Secretary and the OPM Director should develop procedures for determining locality pay for employees of DOD in circumstances that may be unique to such employees, such as assignment to remote military installations, due to the difference between the cost of living at the post of assignment and the locality where such employee generally resides.
(Sec. 1113) Revises generally information required in Office of Special Counsel reports concerning the disclosures of violations of law, gross mismanagement, and related matters (whistleblower provisions).
(Sec. 1114) Directs the Secretary to list on the DOD public website the names of senior mentors serving in DOD, and to update the list at least quarterly.
(Sec. 1115) Terminates the DOD Joint Safety Climate Assessment System on the later of October 1, 2011, or the date of enactment of this Act.
(Sec. 1116) Requires the head of each federal agency operating an internship program to appoint an internship coordinator within the agency. Directs OPM to make publicly available on the Internet: (1) the coordinator's name and contact information and information regarding application procedures and deadlines for the program, and (2) links to the websites where such information is displayed. Requires OPM to establish a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time federal employment. Requires each agency operating an internship program to: (1) conduct an exit interview, and administer a survey, with each intern who completes the program; and (2) annually submit to OPM a program assessment.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the Reagan Act to increase and extend through FY2014 authorized DOD support of special operations to combat terrorism. Directs the Secretary to brief the defense committees on future requirements for such authority.
(Sec. 1202) Amends the NDAA for Fiscal Year 2006 to increase and extend through FY2013 a DOD program to build the capacity of certain foreign military forces. Requires a report from the President to Congress on program implementation.
(Sec. 1203) Extends through FY2016 DOD's nonconventional assisted recovery program for certain DOD, federal government, and other designated personnel supporting U.S. national interests in isolated areas.
(Sec. 1204) Authorizes the Secretary of State to establish the Global Security Contingency Fund to provide assistance to certain foreign countries to enhance the capabilities of military and other security forces that conduct border and maritime security and counterterrorism operations in order to strengthen the country's national and regional security interests consistent with U.S. foreign policy interests. Requires such Secretary to notify the defense, appropriations, and foreign relations committees 15 days in advance of implementing an activity under the assistance program. Terminates the program at the end of FY2015.
(Sec. 1205) Amends the Warner Act to: (1) remove Iraq as a participant in DOD authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability, and (2) extend such temporary authority through FY2014.
(Sec. 1206) Establishes an interagency working group to monitor the foreign police training programs, projects, and activities (activities) of the various federal departments and agencies and coordinate and unify such activities under a single strategic framework. Expresses the sense of Congress that the working group should establish a strategy to specify the goals of such activities, strategies for achieving such goals, and metrics for measuring success.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the Skelton Act to increase and extend through FY2012 the Afghanistan Infrastructure Fund. Limits the obligation of such funds until the Secretary submits to Congress a plan for the allocation and use of such funds in FY2012.
(Sec. 1212) Authorizes the Secretary to use specified DOD O&M funds in FY2012 for the Commanders' Emergency Response Program (humanitarian aid and assistance) in Afghanistan. Requires: (1) quarterly reports and briefings from the Secretary to the defense and appropriations committees on the source and allocation of such funds, and (2) the Secretary to submit to such committees a copy of the guidance issued to the Armed Forces concerning the allocation of such funds. Authorizes the Secretary, in exercising Program authority, to waive any law that would prohibit, restrict, or otherwise constrain the use of such authority. Requires the Secretary to notify such committees at least 15 days before obligating or expending funds for the Program.
(Sec. 1213) Amends the NDAA for Fiscal Year 2008 to extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations. Extends through FY2013 required congressional notification of reimbursement to Pakistan for military support.
(Sec. 1214) Amends the NDAA for Fiscal Year 2010 to extend through FY2012 DOD authority to use the Pakistan Counterinsurgency Fund to assist Pakistan security forces to build and maintain such country's counterinsurgency capability. Limits the obligation of such funds in FY2012 until the Secretary reports to Congress on Fund strategy and metrics. Requires such report to be updated for any year in which funding is requested for such Fund.
(Sec. 1215) Directs the Secretary to report to Congress within 10 days after the completion of any agreement with the government of Iraq that would retain a U.S. force presence in Iraq greater than that envisioned for the Office of Security Cooperation-Iraq. Requires report updates for FY2014-FY2015.
(Sec. 1216) Authorizes the Secretary to support operations and activities of the above Office, including life support, transportation and personal security, and facilities renovation and construction. Prohibits such support from including salaries and expenses of State Department personnel. Provides funding from Air Force O&M funds.
(Sec. 1217) Directs the Secretary to report to the defense and appropriations committees on the U.S. military strategy in Afghanistan, including the extent to which such strategy has changed or is anticipated to change in light of the death of Osama bin Laden.
(Sec. 1218) Prohibits this Act's funds from being used to establish any military installation or base for providing for the permanent stationing of U.S. forces in Iraq or Afghanistan.
(Sec. 1219) Prohibits more than 75% of the FY2012 funds for the Afghanistan Infrastructure Fund from being used to provide assistance to the government of Afghanistan unless the Secretary determines and certifies to Congress that women in Afghanistan are an integral part of the reconciliation process between the Afghan government and the Taliban.
Subtitle C: Reports and Other Matters - (Sec. 1221) Requires the Secretary to: (1) direct an appropriate entity outside DOD to conduct a review of Iran's and China's conventional and anti-access capabilities, and (2) submit such review to Congress.
(Sec. 1222) Requires the Secretary to: (1) direct a DOD federally funded research and development center to assess the energy security of the NATO alliance, and (2) submit assessment results to Congress.
(Sec. 1223) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 a required report on progress toward security and stability in Afghanistan.
(Sec. 1224) Directs the Secretary to report to Congress on the current and future military power of the Democratic People's Republic of Korea.
(Sec. 1225) Requires the CBO Director to determine and make publicly available the amount of accrued interest on U.S. federal debt paid to China during the five-year period ending on the date of enactment of this Act. Directs the Secretary to assess and report to Congress on national security risks posed to the United States and its allies as a result of federal debt liabilities owed to China.
(Sec. 1226) Directs the Secretary to notify Congress prior to relocating any military unit stationed outside the United States. Provides exceptions, including a unit deployed in support of a contingency operation.
(Sec. 1227) Amends the NDAA for Fiscal Year 2000 to require additional information in an annual DOD analysis of the military power of China.
(Sec. 1228) Prohibits DOD funds from being used to provide the Russian Federation with access to: (1) sensitive U.S. missile defense technology, including hit-to-kill technology; or (2) sensitive data that supports U.S. missile defense capabilities. Prohibits such funds from being used to provide the Russian Federation with access to U.S. missile defense technology or data other than that described above unless, at least 30 days in advance, the President describes to Congress the data to be accessed, along with a certification relating to the use of, and third-party access to, such data.
(Sec. 1229) States as the policy of the United States that further limitations on U.S. missile defense capabilities are not in the national security interest, that such capabilities should be improved during the period of the New START Treaty, and that no future agreements with Russia should include any restrictions on U.S. missile defense options in Europe or elsewhere. Provides that no agreement with any country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities shall be binding on the United States unless such agreement or amendment is: (1) specifically approved with the advice and consent of the Senate, or (2) specifically authorized by an Act of Congress. Directs the President to provide annual notification to Congress as to whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in missile defense capabilities; and (2) whether any Russian Federation representative has suggested that a treaty or other international agreement include provisions restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe.
(Sec. 1230) States U.S. policy relating to the reduction of Russian deployed and non-deployed non-strategic forces and the extended deterrence commitment to Europe. Prohibits any action to be taken to effect or implement the reduction, consolidation, or withdrawal of U.S. nuclear forces based in Europe unless: (1) the reduction is requested by the government of the host nation in a manner provided in the agreement between the United States and the host nation; (2) the President certifies that NATO member states have decided to support such reduction, consolidation, or withdrawal, and that the remaining forces in Europe would provide a commensurate or better level of assurance and credibility; or (3) such reduction, consolidation, or withdrawal is pursuant to an approved treaty or international agreement or specifically authorized by an Act of Congress. Requires the President, upon any such reduction or withdrawal decision, to provide Congress with the above certification, a justification therefor, and an assessment of how NATO member states assess the credibility of the U.S. deterrence capability in support of their commitments under the NATO Treaty. Requires a 180-day waiting period following such notification before the President may take any such action.
(Sec. 1231) Prohibits anything in this Act from being construed to authorize military operations in Libya.
(Sec. 1232) Requires the Secretary to report to the defense, appropriations, and foreign relations committees on the desirability and feasibility of expanding to additional countries participation in the Euro-NATO Joint Jet Pilot Training program.
(Sec. 1233) Directs the President to submit to Congress an estimate of the long-term costs of Operations New Dawn and Enduring Freedom under various scenarios based on the number of troop deployments in support of such Operations. Requires the President to make estimates and projections through at least FY2020. Requires additional information, including multiple deployments, the use of contractor and private security firms, and the number of veterans who served in such Operations that are now suffering from PTSD, traumatic brain injury, other mental injuries, or other disabilities.
(Sec. 1234) Amends the NDAA for Fiscal Year 2006 to authorize the Secretary to waive the prohibition on the procurement of goods or services from Communist Chinese military companies if: (1) the goods or services are critical to DOD needs and are otherwise unavailable, and (2) the Secretary notifies the defense and appropriations committees at least 15 days in advance of such waiver.
(Sec. 1235) Directs the Secretary to report to Congress on the nuclear forces of the Russian Federation as it relates to the New START Treaty.
(Sec. 1236) Prohibits DOD funds from being obligated or expended to: (1) deploy members for ground combat operations in Libya unless such deployment is limited solely to rescuing members from imminent danger; (2) award a contract to a private security contractor for ground activity in Libya; or (3) establish or maintain any presence of members or private security contractors on the ground of Libya, unless such presence is limited to rescuing members from imminent danger.
(Sec. 1237) Repeals the United States Institute of Peace Act.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Places a 75% limit on the obligation of FY2012 funds for the cooperative biological engagement program (part of the CTR programs) until the Secretary submits to Congress a detailed analysis of the effect of such program and either: (1) written certification of its positive effects on threat reduction; or (2) a detailed list of recommendations to modify, expand, or curtail the program in order to achieve desired objectives.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2012 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2012, to obligate up to $50,107,320 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase and extend through 2016 DOD authority to sell NDS materials.
Subtitle C: Chemical Demilitarization Matters - (Sec. 1421) Amends the Department of Defense Authorization Act, 1986 to remove a requirement that the program manager for the Assembled Chemical Weapons Alternative Program act independently of the Army program manager for Chemical Demilitarization. Requires the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs to brief the defense committees on opportunities to leverage lessons learned and experienced personnel of the Army Chemical Materials Agency to support the Assembled Chemical Weapons Alternative Program.
Subtitle D: Other Matters - (Sec. 1431) Authorizes appropriations for FY2012 for the Armed Forces Retirement Home.
(Sec. 1432) Earmarks specified funds for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1433) Establishes in DOD the Mission Force Enhancement Transfer Fund to mitigate unfunded requirements for FY2012 for any of the following: (1) ballistic and cruise missile defense; (2) Navy shipbuilding; (3) strike fighter shortfall; (4) naval mine warfare; (5) intelligence, surveillance, and reconnaissance; (6) capabilities to defeat anti-access/area-denial technologies; and (7) basic research. Prohibits the use of Fund amounts for any such purposes until 15 days after the Secretary notifies the defense and appropriations committees of the details of such use(s). Reduces by $348.256 million the amount authorized in this Act for such Fund.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2012 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1521) Treats amounts authorized by this title as in addition to amounts otherwise authorized by this Act.
(Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Makes funds available for FY2012 for the Afghanistan Security Forces Fund subject to fund use, transfer, and related limitations prescribed under the NDAA for Fiscal Year 2008. Prohibits 25% of such funds from being used to carry out contracts unless the Secretary certifies to Congress that DOD has sufficient management and oversight mechanisms on such contracts.
(Sec. 1532) Applies to funds authorized under this title provisions of the Hunter Act prohibiting the use of DOD funds for the acquisition, development, or improvement of facilities in Iraq for use by the Iraqi government, its political subdivisions, or its armed forces.
(Sec. 1533) Amends the Skelton Act to extend into 2012 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Requires Task Force activities to focus on improving the commercial viability of other reconstruction or development activities conducted by the United States in Afghanistan.
Title XVI: Additional Budget Items - Subtitle A: Procurement - (Sec. 1601) Requires the obligation of specified additional procurement funds authorized under this Act for: (1) modification of torpedoes and related equipment, (2) anti-submarine warfare electronic equipment, (3) shallow-water mine countermeasures, (4) the LHA-7 ship program, (5) mobility aircraft simulators, (6) modifications to aircraft, (7) SH-60 crew and passenger survivability upgrades, (8) lightweight airborne recovery systems, (9) Aegis ship support for combat system radar upgrades, (10) deployment and adoption of new information processing systems, (11) base defense system equipment, (12) modifications of weapons and other combat vehicles, (13) generators and associated equipment, and (14) National Guard and reserve equipment. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle B: Research, Development, Test, and Evaluation - (Sec. 1616) Requires the obligation of specified additional RDT&E funds authorized under this Act for: (1) continued design improvements for new SSNs (nuclear submarines); (2) advanced submarine system development; (3) surface anti-submarine warfare; (4) ship preliminary design and feasibility studies; (5) industrial preparedness; (6) mixed conventional load capability for bomber aircraft; (7) TACAIR-launched UAS capability development; (8) electro-photonic component capability development; (9) airborne reconnaissance systems; (10) small business innovative research technology transition into Army acquisition programs; (11) defense research sciences; (12) new techniques for combat wound repair; (13) communications advanced technology; (14) development of radio frequency signals intelligence processing equipment and associated applications; (15) development of visual sensors for persistent surveillance and dismounted soldier applications; (16) development of deployable force protection sensors; (17) development and fielding of a solution for helicopter "brownout" situational awareness; (18) night vision advanced technology development; (19) development of mission planning and support tools for rotary wing surfaces; (20) development of weapons and munitions technologies by small and non-traditional defense businesses; (21) development of manufacturing techniques and processes for munitions and weapons systems; (22) development of nanomaterials and nanomanufacturing processes for warfighter systems; (23) development and demonstration of novel lightweight composite packaging and structural materials; (24) advanced manufacturing, repair, and sustainment technologies for defense needs; (25) development of new lightweight body armor; (26) sustainment of the industrial base for body armor; (27) development, identification, and management of secure microelectronics; (28) development of interoperable national security information sharing systems; (29) research and educational programs that support cyber workforce development; (30) small business technology transfer into major DOD acquisition programs of record; (31) multidisciplinary research into nanotechnology science; (32) development of hypersonic testing facilities for defense applications; (33) development of informatics tools to support clinical care and research; (34) development of biomaterials for wound prevention and healing; (35) medical technology; (36) development of high-throughput, microarray diagnostic systems; (37) development of vaccines of interest to the military; (38) functional genomics research to further develop cancer treatment and detection methods; (39) development of telemedicine technologies; (40) studying health effects from manganese and other potential toxins; (41) development of medical training technologies; (42) chemical and biological defense program applied research; (43) special operations advanced technology development; (44) combating terrorism technology support; (45) development of modeling and simulation technologies for testing of blast structures; (46) the collaborative experimentation model; (47) weapons of mass destruction defeat technologies; (48) countermine systems; (49) development of remote-robotic naval mine countermeasure research and development capability; (50) special applications for contingencies; (51) microelectronics technology development and support; (52) warfighter sustainment applied research; (53) Marine Corps landing force technology; (54) advanced concepts and simulation; (55) human effectiveness applied research; (56) development of aircraft deoxygeneration systems; (57) end item industrial preparedness activities; (58) sensors and electronic survivability; (59) military engineering advanced technology; (60) aviation advanced technology; (61) establishment of protocols for Joint Strike Fighter lead-free electronic components; (62) improvements to portable helicopter oxygen delivery systems; (63) advanced rotorcraft flight research; (64) development of missile simulation technology; (65) base defense counter fire intercept systems; (66) combat vehicle improvement programs; (67) warfighter advanced technology; (68) development of autonomous cargo for rotorcraft unmanned aerial vehicles; (69) common data link waveform improvements; (70) research on corrosion reduction for rotor craft aviation platforms; (71) munitions standardization, effectiveness, and safety; (72) Aegis ballistic missile defense; (73) operationally responsive space capabilities; (74) space technology research; (75) Army net zero programs; (76) offshore range environmental baseline assessment; (77) DOD corrosion protection projects; (78) study of renewable and alternative energy applications in the Pacific region; (79) alternative energy for mobile power applications; (80) advanced battery technologies; (81) an operational energy pilot project; (82) the microgrid pilot program; (83) advanced surface machinery systems; (84) base camp fuel cells; (85) defense alternative energy; and (86) radiological contamination research. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds. Requires, with respect to each program with an authorized amount in excess of that requested by the President in the FY2012 budget, a report from the Secretary to the defense and appropriations committees containing: (1) a justification of the use of the total amount appropriated for that program for FY2012, and (2) the process by which such amounts were awarded. Requires each such report within 180 days after funds are allocated.
Subtitle C: Operation and Maintenance - (Sec. 1699G) Requires the obligation of specified additional O&M funds authorized under this Act for: (1) the DOD corrosion prevention program, (2) Navy emergency management and preparedness, (3) Army National Guard civil support team information management systems, (4) Army industrial facility energy monitoring, (5) Army National Guard simulation training systems, (6) capital improvements at Army arsenals, and (7) cold weather protective equipment.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2012 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2014, or the date of enactment of an Act authorizing funds for military construction for FY2015, whichever is later, with an exception.
(Sec. 2003) Prohibits the Secretary or the Secretary concerned from entering into an award of a project authorized for various locations in titles XXI through XXVII, until such Secretary submits to the defense and appropriations committees a list of the proposed projects, as well as related information.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural engineering services and construction design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2107) Authorizes the Secretary of the Army to carry out a military construction project to construct a water treatment facility for Fort Irwin, California.
(Sec. 2111) Authorizes the Secretary of the Army to obligate a specified additional amount of Army military construction funds for various Army construction and land acquisition projects. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects.
(Sec. 2207) Authorizes the Secretary of the Navy to obligate a specified additional amount of Navy military construction funds for Navy maintenance and production and research and development facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
(Sec. 2307) Prohibits the Secretary of the Air Force from disestablishing, closing, or realigning any element of the Air and Space Operations Center consolidation initiative until: (1) such Secretary submits notification thereof to the defense and appropriations committees; and (2) 15 legislative or 30 calendar days, whichever is longer, have passed since the notification.
(Sec. 2308) Authorizes the Secretary of the Air Force to obligate a specified additional amount of Air Force military construction funds for Air Force supporting, operational, community, and maintenance and production facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments).
(Sec. 2404) Authorizes the Secretary to obligate a specified additional amount of DOD military construction funds for defense access roads and special operations forces land acquisition. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2011 for military construction and land acquisition for chemical demilitarization.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2011 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2011 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Additional Budget Items - (Sec. 2611) Authorizes the Secretary of the Army to obligate specified additional amounts for Army National Guard operational, maintenance and production, and training facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
(Sec. 2612) Authorizes the Secretary of the Air Force to obligate specified additional amounts for Air National Guard operational and maintenance and production facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
(Sec. 2613) Authorizes the Secretary of the Air Force to obligate specified additional amounts for Air Force Reserve training facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle C: Other Matters - (Sec. 2621) Extends certain prior-year military construction projects.
Title XXVII: Base Realignment and Closure Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2011 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2011 for such purpose.
(Sec. 2704) Amends the Defense Base Closure and Realignment Act of 1990 to allow the Secretary to extend the period for completion of up to seven of the closure or realignment recommendations made by the Defense Base Closure and Realignment Commission in 2005 until the later of September 15, 2012, or the date of enactment of an Act authorizing funds for military construction for FY2013. Requires the Secretary to report to the defense and appropriations committees on any closures or realignments so extended. Requires a conditional waiting period following such report before such a closure or realignment extension may take effect.
(Sec. 2705) Requires the Secretary concerned to include a cost-benefit analysis of all proposed base closures and realignments.
(Sec. 2706) Directs the Secretary concerned to include a transportation infrastructure assessment as part of any closure or realignment determined to possibly have a significant transportation impact.
(Sec. 2707) Prohibits the Secretary from using more than 1,000 parking spaces provided by the BRAC (Base Realignment and Closure) 133 project (under the Fort Belvoir, Virginia, BRAC initiative) and leasing other spaces in the immediate vicinity until the Secretary: (1) documents either a specified consideration or assessment for the finding of no significant environmental impact; and (2) certifies that all defense access road-certified mitigation projects related to the project have been constructed.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any contract entered into by the United States in connection with a military construction or military family housing project from using any form of cost-plus contracting. Makes such prohibition applicable notwithstanding a declaration of war or a national emergency.
(Sec. 2802) Increases from $2 million to $3 million the threshold for unspecified minor military construction projects not otherwise authorized by law. Extends through FY2016 a DOD laboratory revitalization program.
(Sec. 2803) Prohibits housing units in foreign countries leased for assignment to general or flag officers from exceeding the floor area and design criteria for similar military housing in the United States.
(Sec. 2804) Increases from $100,000 to $150,000 the performance and payment threshold requirements under contracts for military construction and family housing projects.
(Sec. 2805) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2012 DOD authority to use O&M funds for military construction projects within the command area of the U.S. Central Command and the Combined Task Force-Horn of Africa.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary to use Pentagon Reservation Maintenance Revolving Fund amounts to support construction or alteration activities at the Pentagon within the unspecified minor construction project limits.
(Sec. 2812) Removes the authority of the Secretary concerned to grant an easement, for any purpose that such Secretary considers advisable, for a right-of-way over land withdrawn or reserved for that military department.
(Sec. 2813) Authorizes the use of the DOD readiness and environmental protection initiative authority to protect clear zone areas from encroachment that is incompatible with the mission of the installation.
(Sec. 2814) Directs the Secretary, when using defense access roads funds, to determine the magnitude of improvements required as the result of an increased defense mission in an area without regard to the extent to which traffic generated by the installation is greater than other traffic in the area. Requires the Secretary to: (1) convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program; and (2) report Committee deliberation results to Congress, along with an implementation plan for the mitigation of significant transportation impacts in areas with an increased defense mission. Requires DOD amounts requested for the defense access roads program to be set forth each year as a separate budget request.
Subtitle C: Energy Security - (Sec. 2821) Consolidates under federal armed forces law definitions used under DOD energy security matters.
(Sec. 2822) Directs the Secretary to: (1) establish a policy under which a military installation shall give favorable consideration for energy security in the design and development of energy projects on a military installation that will use renewable energy sources, (2) notify Congress within 30 days after entering into any agreement for such a project that excludes the pursuit of energy security on cost-prohibitive grounds, and (3) provide a cost-benefit analysis of such a decision. Requires the development of a DOD geothermal energy project to include the consideration of energy security in its design and development. Requires energy security incorporation to be included in DOD energy project reports.
(Sec. 2823) Directs the Secretary, as part of the DOD 2025 renewable energy goal, to establish an interim goal for FY2018 for the production or procurement of facility energy from renewable energy sources. Requires the Secretary to notify the defense and appropriations committees of such new goal within 180 days after the enactment of this Act.
(Sec. 2824) Directs the Secretary to establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources. Requires the Secretary concerned, under such policy, to submit requests for the purchase of such certificates to a centralized purchasing authority maintained by such department or the Defense Logistics Agency. Requires renewable energy certificates to be listed within reporting requirements on DOD energy projects.
(Sec. 2825) Requires the Secretary to prescribe a definition of "energy-efficient product" for use in connection with the construction, repair, or renovation of DOD facilities, and to modify such definition as needed to account for emerging or changing technologies.
(Sec. 2826) Directs the Secretary to establish a training program for DOD energy managers designated for military installations, and to identify core curriculum and certification standards for such managers. Outlines training, curriculum, and certification requirements, and requires the Secretary to brief the defense committees on the curriculum and certification requirements.
(Sec. 2827) Requires the Secretary to submit the annual installation energy management report within 120 days after the end of each fiscal year.
(Sec. 2828) Authorizes the Secretary to require the continuous commissioning of DOD facilities (an ongoing process to resolve operating problems, improve comfort, optimize energy use, and identify appropriate retrofits).
(Sec. 2829) Directs the Secretary to require that information generated by installation energy meters be captured and tracked to determine baseline energy consumption.
(Sec. 2830) Directs the Secretary of the Navy to meter Navy piers so that energy consumption of naval vessels in port can be accurately measured and captured and steps can be taken to improve their energy use. Requires information on such energy consumption to be included in annual DOD energy management reports.
(Sec. 2831) Requires the Secretary to report to the defense and appropriations committees on DOD energy-efficiency standards utilized for military construction. Prohibits the use of FY2012 DOD funds for achieving any LEED (Leadership in Energy and Environmental Design) gold or platinum certification, with an authorized waiver by the Secretary. Allows LEED gold and platinum certification, without such a waiver, if its achievement imposes no additional costs to DOD.
Subtitle D: Provisions Related to Guam Realignment - (Sec. 2841) Authorizes the Secretary to assist the government of Guam in meeting the costs of providing increased municipal services and facilities as a result of the realignment of military installations and the relocation of military personnel on Guam (the Guam realignment), as long as the Secretary determines that Guam will incur an unfair and excessive financial burden in the absence of such assistance. Authorizes the Secretary to take appropriate actions to mitigate significant impacts of the Guam realignment. Provides funding. Requires the Secretary to submit six-month progress reports to the defense committees.
(Sec. 2842) Prohibits the Secretary of the Navy from awarding any additional Navy or Marine Corps construction project or associated task order on Guam in connection with the Guam realignment if the project includes the use of H-2B workers (as defined under the Immigration and Nationality Act) until such Secretary provides a lead system integrator for health care for such workers. Directs such Secretary to notify the defense and appropriations of the assignment and qualifications of such integrator.
(Sec. 2843) Prohibits a firing range on Guam from being established until the Secretary certifies to the above committees a national security need for such range related to the readiness of Armed Forces assigned to the U.S. Pacific Command.
(Sec. 2844) Amends the MCAA for Fiscal Year 2011 to repeal required Navy representation on the Guam Consolidated Commission on Utilities.
Subtitle E: Land Conveyances - (Sec. 2851) Authorizes the Secretary of the Army to convey to the Texas General Land Office specified real property at Fort Bliss, Texas, for facilitating commercial development.
(Sec. 2852) Authorizes the Secretaries of the Army and of Health and Human Services (HHS) to convey all residual rights and interest to specified real property at the former Defense Depot, Ogden, Utah, in order to permit the Ogden City Redevelopment Authority to prevent the further deterioration of the building on such property and to redevelop the property.
Subtitle F: Other Matters - (Sec. 2861) Redesignates the Industrial College of the Armed Forces as the "Dwight D. Eisenhower School for National Security and Resource Strategy."
(Sec. 2862) Requires the Secretary or the Secretary concerned to notify the defense committees 90 days prior to effecting or implementing any military installation realignment involving a reduction of more than 1,000 in the number of military personnel assigned there. Provides exceptions: (1) for realignments pursuant to a base closure law, and (2) when the President certifies to Congress that the realignment must be implemented for reasons of national security or military emergency.
(Sec. 2863) Prohibits any real property under the jurisdiction of the Secretary or the Secretary concerned from being named after any individual who is a Member of Congress at time of the naming.
(Sec. 2864) Requires a report from the Secretary to Congress on the homeowners assistance program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 2865) Transfers jurisdiction, custody, and control of the Air Force Memorial from the Secretary of the Army to the Secretary of the Air Force. Makes the latter Secretary responsible for Memorial operation, maintenance, and management. Repeals inconsistent provisions under the MCAA for Fiscal Year 2008.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2012 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Directs the Administrator to: (1) develop and annually update a plan for sustaining the nuclear weapons stockpile, and (2) submit a plan summary biennially to the defense and appropriations committees. Outlines plan elements, including an assessment of the stockpile stewardship program, and measures for modernizing the nuclear security infrastructure. Requires related analysis and congressional reports by the Nuclear Weapons Council. Repeals certain inconsistent plan and reporting requirements under the Atomic Energy Defense Act.
(Sec. 3112) Limits the obligation of FY2012 NNSA funding for the United States-China Center of Excellence on Nuclear Security until the Secretary of Energy (Secretary, for purposes of this title) submits to the defense and foreign relations committees a review of China's existing capacity to develop and implement best practices training for nuclear security. Requires an additional report from the Secretary on the extent to which the training and relationship-building activities planned for such Center could contribute to improving China's historical patterns relating to the proliferation of weapons of mass destruction and missiles.
(Sec. 3113) Directs the Administrator and the Assistant Secretary of Energy for Environmental Management, with respect to employees of the NNSA and DOE's Office of Environmental Management, respectively, to determine the amount of funds needed for FY2012-FY2016 to fully fund defined-benefit pension plans of such employees and operating contractors, and to make any excess pension funds available for high-priority budgetary shortfalls, as identified by the Administrator or Assistant Secretary. Requires the Administrator or Assistant Secretary to promptly notify the defense and appropriations committees of any such determinations and transfers. Terminates such requirement at the end of FY2016.
(Sec. 3114) Amends the Atomic Energy Defense Act to: (1) require the head of the Office of River Protection at the Hanford Reservation at Richland, Washington, to include the Hanford Tank Farm Operations and the Waste Treatment Plant within management responsibilities; (2) require the Assistant Secretary of Energy for Environmental Management to notify the defense committees of any changes in roles, responsibilities, and reporting relationships that involve the Office; and (3) terminate the Office at the end of FY2019 (with an authorized extension if the Assistant Secretary determines that termination would disrupt effective management of the Hanford Tank Farm operations).
(Sec. 3115) Increases by $20 million (with a corresponding offset) the amount authorized for defense nuclear nonproliferation, to be allocated to the global threat reduction initiative. Requires merit-based or competitive selection procedures to be used in the expenditure of such funds.
Subtitle C: Reports - (Sec. 3121) Repeals an obsolete reporting requirement under the NDAA for Fiscal Year 2002. Amends the Atomic Energy Defense Act to prohibit funds appropriated for the Initiatives for Proliferation Prevention program from being used to pay any tax or customs duty levied by the government of the Russian Federation. Requires the Secretary, if such a payment is unavoidable, to ensure that sufficient additional funds are provided to the program to offset the payment amount.
(Sec. 3122) Expresses the sense of Congress that: (1) the spread of nuclear and radiological weapons poses a short- and long-term threat to U.S. national security, and (2) U.S. nonproliferation efforts should prioritize the programs that most directly address such threat. Requires an annual report from 2012 through 2016 from the Secretary to Congress on: (1) the strategic plans of DOE and the NNSA to prevent the proliferation of materials, technology, equipment, and expertise related to nuclear weapons; and (2) an assessment of the risk that non-nuclear weapons states may acquire nuclear enrichment or reprocessing technology, as well as a list reflecting the total amount of known highly-enriched uranium worldwide.
(Sec. 3123) Directs the Secretary to report to the defense, appropriations, and foreign relations committees assessing the role of the nuclear security complex in supporting a safe, secure, and reliable nuclear deterrent, nuclear weapons reductions, nuclear nonproliferation, and opportunities for efficiencies and cost savings. Requires the CG to submit to such committees an assessment of the Secretary's report.
(Sec. 3124) Directs the Administrator to: (1) conduct a net assessment of the high-performance computing capability of foreign countries, and (2) report assessment results to Congress.
(Sec. 3125) Requires: (1) the Administrator to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study on waste reprocessing and Generation IV nuclear reactor technology, (2) the NAS to report study results to the Administrator, and (3) the Administrator to submit such report to the defense, energy, and foreign relations committees.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2012 for the Defense Nuclear Facilities Safety Board.
(Sec. 3202) Increases by $2.5 million (with a corresponding offset) the amount authorized for the Board.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2012 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2012 for the Maritime Administration (MA) for specified activities, including: (1) operation and training, (2) maintaining a U.S.-flag merchant fleet, (3) the disposal of obsolete vessels in the National Defense Reserve Fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to use National Defense Reserve Fleet and Ready Reserve Force vessels for civil contingency operations and MA promotional and media events, when in the best interests of the government.
(Sec. 3503) Allows the Secretary to use Merchant Marine Academy funds for Academy recruiting activities.
(Sec. 3504) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 to require the Maritime Administrator, upon request, to provide briefings to specified congressional committees on progress made in recycling MA vessels and problems and issues relating to vessel recycling and disposal.
(Sec. 3505) Directs the Secretary of Defense to report to the defense and appropriations committees on port facilities used for military purposes at ports designated by DOD as strategic seaports.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
(Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement, including procurement for overseas contingency operations; (2) RDT&E, including RDT&E for overseas contingency operations; (3) O&M, including O&M for overseas contingency operations; (4) military personnel and military personnel for overseas contingency operations; (5) other authorizations, including for contingency operations; (6) Defense Working Capital Funds; (7) the National Defense Sealift Fund; (8) the Defense Health Program; (9) chemical agents and munitions destruction; (10) drug interdiction and counterdrug activities; (11) the Office of the Inspector General; (12) the Mission Force Enhancement Transfer Fund; (13) military construction; and (14) DOE national security programs.
National Defense Authorization Act for Fiscal Year 2012 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Directs the Secretary of the Army to maintain no less than 42 C-23 aircraft, including at least 11 for the Army active component, 4 for training operations, and 22 for domestic operations in the continental United States. Prohibits such Secretary from retiring or placing in an excess status any such aircraft until one year after the reports required under this section have been received. Requires such Secretary to conduct a fleet viability assessment with respect to C-23 aircraft, and report assessment results to the congressional defense and appropriations committees.
Requires the Director of the National Guard Bureau to: (1) conduct a study to determine the number of fixed-wing and rotary-wing aircraft required to support specified Army missions at low, medium, moderate, high, and very-high levels of operational risk; and (2) report study results to the defense and appropriations committees. Directs the Comptroller General (CG) to conduct a sufficiency review of the Director's study, and report review results to such committees.
(Sec. 112) Prohibits the Secretary of the Army from procuring more than 100 Stryker combat vehicles. Allows such Secretary to waive such limitation after a specified certification to the defense and appropriations committees, including that there are validated Army needs requiring the waiver.
(Sec. 113) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for the UH-60M/HH-60M helicopters, and for the procurement of airframes for MH-60R/S helicopters. Makes such contracts subject to the availability of appropriations.
Subtitle C: Navy Programs - (Sec. 121) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to extend through FY2013 the multiyear funding authority for the design and construction of the LHA replacement ship designated LHA-7.
(Sec. 122) Authorizes the Secretary of the Navy to enter into a multiyear contract, beginning with the FY2012 program year, for the procurement of DDG-51 Arleigh Burke-class destroyers and government-furnished equipment associated with such destroyers. Requires a report from such Secretary to the defense and appropriations committees on findings required in the justification of DOD multiyear contracts, including a determination of substantial savings through multiyear procurement. Makes such contract subject to the availability of appropriations.
(Sec. 123) Authorizes the Secretary of the Navy to enter into a multiyear contract, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters. Makes such contract subject to the availability of appropriations.
(Sec. 124) Directs the Secretary of Defense (Secretary), in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that a separate, dedicated procurement line item is designated for each surface warfare, mine countermeasures, and anti-submarine warfare littoral combat ship (LCS) module.
(Sec. 125) Requires the Secretary of the Navy to: (1) conduct a life-cycle cost-benefit analysis comparing alternative maintenance and sustainability plans for the LCS program, and (2) report analysis results to the defense and appropriations committees.
(Sec. 126) Prohibits the obligation or expenditure of any funds available for FY2012 or thereafter to extend the service life of F/A-18 aircraft beyond 8,600 hours until 30 days after the Secretary of the Navy submits a cost-benefit analysis of such aircraft required under the Skelton Act.
Subtitle D: Air Force Programs - (Sec. 131) Outlines requirements to be followed by the Secretary of the Air Force during the B-1 retirement limitation period beginning on the date of enactment of this Act and ending on the earlier of January 1, 2018, or the date on which a long-range strike replacement bomber aircraft with equal or greater capacity than the B-1 has attained initial operational capability status.
(Sec. 132) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Allows such Secretary to use incremental funding for up to five fiscal years in connection with the procurement. Makes such procurement subject to the availability of appropriations. Prohibits the total procurement amount, after certain exclusions, from exceeding $3.1 billion. Allows such Secretary to adjust such limitation by specified amounts, including increases or decreases after FY2011 attributable to inflation or to compliance with changes in federal, state, and local laws. Requires a contract report from the Secretary to the defense and appropriations committees.
Subtitle E: Joint and Multiservice Matters - (Sec. 141) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2012. Requires a monthly Fund obligation and expenditure report during FY2012 from the Secretary to the defense and appropriations committees.
(Sec. 142) Amends the Skelton Act to repeal telescope aperture requirements with respect to contracts for commercial imaging satellites.
(Sec. 143) Limits the FY2012 obligation of funds for the joint tactical radio system to 70% until the Secretary of the Army makes a specified certification to the defense and appropriations committees relating to its acquisition strategy. Makes such limitation inapplicable to the low-rate initial production of certain programs under such system.
(Sec. 144) Limits the FY2012 obligation of funds for the procurement of fixed-wing, non-standard aviation aircraft in support of the aviation foreign internal defense program to 50% until the Commander of the U.S. Special Operations Command reports to the defense and appropriations committees on such program.
(Sec. 145) Limits the FY2012 obligation of funds for the procurement of a commercial satellite by the Director of the Defense Information Systems Agency or the Secretary of the Air Force to 20% until the Secretary of Defense submits to the defense and appropriations committees an independent analysis of alternatives for the procurement of such satellite.
(Sec. 146) Directs the Secretary, in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that within each military department procurement account, a separate, dedicated procurement line item is designated for non-lethal weapons.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Limits the FY2012 obligation of funds for the ground combat vehicle program to 70% until the Secretary of the Army submits to the defense and appropriations committees an updated analysis of alternatives to such vehicle.
(Sec. 212) Prohibits the individual carbine program from receiving Milestone C approval until the Secretary of the Army submits to the defense and appropriations committees an analysis of alternatives to such program. Authorizes the Secretary of Defense to waive such prohibition in the national security interest.
(Sec. 213) Expresses the sense of Congress that: (1) the long-term ability to maintain a sufficient nuclear force must not be compromised solely on the basis of the promise of potential savings resulting from the Secretary's decision to reduce the planned number of missile tubes per Ohio-class ballistic missile submarine from 24 to 16; and (2) because the planned Ohio-class replacement ballistic submarine is expected to be in operation through 2080, near-term design decisions should take into consideration uncertainties in the future threat and strategic environment. Limits the FY2012 obligation of funds available for the Ohio-class submarine replacement program to 90% until the Secretary submits specified information to the defense and appropriations committees, including the analysis conducted to support the acquisition decision memorandum and the threats and strategic environment assumed by the Secretary through the expected operational life of the program.
(Sec. 214) Prohibits any FY2012 Marine Corps RDT&E funds from being obligated for specified amphibious assault vehicles until the Secretary of the Navy makes a certification to the defense and appropriations committees of the requirements of such vehicles, based on the needs of the commanders of the combatant commands. Requires such Secretary to conduct an analysis of alternatives to such vehicles. Makes the funding prohibition inapplicable to the procurement of an amphibious assault vehicle 7A1 containing certain upgrades and survivability capabilities.
(Sec. 215) Prohibits the use of FY2012 funds for performance improvements to the propulsion system for the F-35 Lightning II aircraft unless the Secretary ensures the competitive development and production of such system.
(Sec. 216) Limits the FY2012 obligation of funds for the joint replacement fuze program for Navy and Air Force nuclear warheads to 75% until the Secretary reports to the defense and appropriations committees on the feasibility of such program.
(Sec. 217) Expresses the sense of Congress that: (1) improvements to the U.S. space situational awareness and space command and control capabilities are necessary; and (2) the traditional defense acquisition process is not optimal for developing the architecture and environment planned for the Joint Space Operations Center management system. Prohibits the use of FY2012 funds for release one of such system until the Secretary of the Air Force and the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) jointly submit to the defense and appropriations committees the acquisition strategy for such system.
(Sec. 218) Limits the FY2012 obligation of funds for the wireless innovation fund within the Defense Advanced Research Projects Agency (DARPA) to 10% until the Under Secretary reports to the defense and appropriations committees on how such funds will be managed and executed.
(Sec. 219) Authorizes the Secretary of the Army to conduct a program for flight research and demonstration of advanced rotorcraft technology. Outlines program elements, goals, and objectives.
(Sec. 220) Directs the Secretary to designate the development and procurement of the main propulsion system of the next-generation long-range strike bomber aircraft as a major subprogram of such aircraft's major defense acquisition program. Requires the Secretary of the Air Force to develop an acquisition strategy for such subprogram.
(Sec. 221) Directs the Secretary to designate the electromagnetic aircraft launch development and procurement program as a major subprogram of the CVN-78 Ford-class aircraft carrier major defense acquisition program.
(Sec. 222) Prohibits the Secretary from delegating to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of certain DOD research and educational programs and activities that is currently carried out by the Assistant Secretary of Defense for Research and Engineering.
(Sec. 223) Limits the FY2012 obligation of funds for the Navy's Future Unmanned Carrier-based Strike System to 15% until 60 days after the Chairman of the Joint Requirements Oversight Council, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Under Secretary make specified certifications to the defense and appropriations committees with respect to the capabilities and performance of such System. Requires the Comptroller General (CG), following such certifications, to brief such committees on an evaluation of the Secretary of the Navy's acquisition strategy for such System.
Subtitle C: Missile Defense Programs - (Sec. 231) Requires the Director of the Missile Defense Agency (MDA) to: (1) establish and maintain an acquisition baseline for each program element of the ballistic missile defense (BMD) system, as well as each designated major subprogram of such elements; and (2) establish such baselines before the element or subprogram enters engineering and manufacturing development, and production and deployment. Prohibits (with exceptions) the Director from adjusting or revising an established baseline. Outlines baseline elements required for such elements or subprograms, and requires the Director to report annually to the defense and appropriations committees on the baselines.
(Sec. 232) Expresses the sense of Congress that: (1) the United States should pursue options with respect to multilaterally terminating the contract covering the medium extended air defense (MEAD) system in order to lessen their contract termination liability; (2) the Secretary must now sustain the Patriot air and missile defense system longer than previously planned; and (3) the Secretary should identify promising technologies from the MEAD system, and continue to pursue international cooperative missile defense activities that are affordable and benefit the security of all parties. Prohibits the obligation or expenditure of any FY2012 funds for the MEAD system until the Secretary: (1) either negotiates a contract termination or restructures the contract to ensure that specific deliverables will be transitioned to one or more current programs of record by no later than the end of FY2013, and (2) notifies the defense and appropriations committees with respect to the specifics of the contract termination or restructuring.
(Sec. 233) States as the policy of the United States to develop and maintain a specified hedging strategy for the protection of the U.S. homeland. Outlines strategy elements and objectives. Requires the strategy to be submitted to the defense and appropriations committees by the earlier of December 5, 2011, or the completion of the strategy's development.
(Sec. 234) Sets forth congressional findings with respect to the ground-based midcourse defense system (GBMD system) (a system for defense against long-range ballistic missiles). Expresses the sense of Congress that: (1) the GBMD system should be given sufficient prioritization and funding to ensure its long-term reliability, effectiveness, and ability to adapt to advances in threats; (2) the MDA Director should identify root causes associated with GBMD flight-test failures; (3) implementation of corrective measures and flight testing should be undertaken as soon as possible; and (4) the procurement of additional ground-based interceptors will be necessary in light of recent flight-test results. Requires the Secretary to submit to the defense and appropriations committees: (1) a plan by the MDA Director to address the flight-test failures; and (2) written certification that such failures have been thoroughly investigated and the Director's plan is sufficient to resolve failure issues, and related information.
(Sec. 235) Earmarks specified FY2012 BMD technology funds for the Secretary to conduct a study of, and report to the defense and appropriations committees on, technical and operational considerations in developing a limited space-based interceptor capability.
Subtitle D: Reports - (Sec. 241) Directs the CG, until March 2017, to: (1) conduct an annual review of the KC-46A aircraft acquisition program, and (2) report each review's results to the defense and appropriations committees.
(Sec. 242) Requires the: (1) Secretary to select an entity outside DOD to conduct an independent review and assessment of DOD's cryptographic modernization program, and (2) entity chosen to report review results to the Secretary and the defense and appropriations committees.
(Sec. 243) Directs the Secretary to report to the defense and appropriations committees on the feasibility of developing and deploying the electromagnetic rail gun system to be used for either land- or ship-based force protection.
Subtitle E: Other Matters - (Sec. 251) Repeals the Technology Transition Initiative (the rapid transition of new technologies from DOD science and technology programs into DOD acquisition programs for the production of such technologies).
(Sec. 252) Directs the Secretary to develop, carry out, and report to the defense and appropriations committees on, a plan for the preservation and storage of property owned by the federal government that was acquired under the F136 propulsion system development contract. Prohibits any FY2012 funds available for the F-35 Lightning II aircraft program from being obligated or expended for activities related to destroying or disposing of such property.
(Sec. 253) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend through FY2016 the authority for funding for defense laboratories for research and development (R&D) of technologies for military missions.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Directs the Chairman of the Joint Chiefs of Staff (JCS) to designate a senior official to be responsible for operational energy plans for the JCS and the Joint Staff. Extends from 10 to 30 days after each year's DOD budget is submitted to Congress the deadline for a report from the Secretary to Congress on proposed budgets that the Assistant Secretary of Defense for Operational Energy Plans and Programs has not certified.
(Sec. 312) Requires, subject to the availability of appropriations, military installation implementation of DOD land management plans and cultural sustainability studies.
(Sec. 313) Amends the Sikes Act (DOD land resources management) to: (1) define "state" for purposes of such Act; (2) include state-owned National Guard installations under such Act's coverage; and (3) provide for the funding of integrated natural resources management plans, including plans for state-owned National Guard installations. Amends various section headings under such Act to accommodate changes made under this section.
(Sec. 314) Amends the Act to Prevent Pollution from Ships to codify for ships owned or operated by any military department the sea discharge practices currently in operation by the Navy. Makes such discharge requirements and limitations inapplicable when the discharge is necessary for securing the safety of the ship, the health of the ship's personnel, or saving life at sea (requiring a report when such a discharge occurs).
(Sec. 315) Requires the Assistant Secretary of Defense for Operational Energy, Plans, and Programs to recommend, and the Secretary to designate, the Secretary of one of the military departments to serve as the Executive Agent for Alternative Fuel Development for DOD. Outlines required Executive Agent duties. Directs the Secretary to notify the defense and appropriations committees of the Executive Agent so designated.
(Sec. 316) Directs the Secretary, in evaluating offers for defense logistics support contracts for contingency operations, to give favorable consideration to those that include energy-efficient or energy reduction technologies or processes meeting specified requirements, including long-term savings and non-disruption of the mission, logistics, or core requirements of the contingency operation concerned. Requires: (1) the Defense Supplement to the Federal Acquisition Regulation (FAR) to be revised to implement this section, and (2) implementation progress to be included in current annual DOD energy management reports.
Subtitle C: Logistics and Sustainment - (Sec. 321) Revises the definition of "depot-level maintenance and repair" to conform to the definition in DOD Instruction 4151.2.
(Sec. 322) Eliminates the exclusion for special access programs from the core logistics capability requirements determination. Includes the nuclear refueling of an aircraft carrier within such exclusion. Requires an annual report from the Secretary to Congress on DOD core logistics capability requirements, workloads, and capital investments. Defines "industrial facility" for core logistics capability purposes.
(Sec. 323) Requires the Secretary or the Secretary of the military department concerned (Secretary concerned) to designate each military industrial facility of the military departments and defense agencies as a Center of Industrial and Technical Excellence.
(Sec. 324) Redesignates, for purposes of the above Centers, core competencies as core logistics capabilities.
(Sec. 325) Repeals the limit (eight) on the number of cooperative arrangements that may be entered into by Army industrial facilities with non-Army entities. Makes such authority permanent (under current law, terminates at the end of FY2014). Revises a report requirement under the National Defense Authorization Act (NDAA) for Fiscal Year 2008 to include an assessment of the effectiveness of the use of such authority and recommendations to improve the ability of each facility to compete for such contracts.
(Sec. 326) Amends the Weapon Systems Acquisition Reform Act of 2009 to include a subsystem or component of a major weapons system in the requirement for consideration of competition throughout the operation and sustainment of such major systems.
(Sec. 327) Directs the Under Secretary to implement four actions recommended in a report of the Government Accountability Office (GAO) which resulted from F-22 and F-35 aircraft corrosion studies, and to brief the defense and appropriations committees on activities undertaken to implement such actions. Requires such implementation by January 31, 2012, and requires compliance across the military departments by the end of 2012. Requires the Under Secretary, if compliance is not feasible by such date, to justify to such committees the reasons therefor.
Subtitle D: Readiness - (Sec. 331) Amends the Skelton Act to: (1) allow funds voluntarily contributed to DOD for offsetting the costs of mitigation measures to remain available until expended, and (2) allow the Secretary to accept voluntary contributions to conduct studies of potential mitigation measures.
(Sec. 332) Directs the Administrator of the Federal Aviation Administration (FAA) to develop procedures to allow DOD and the Department of Homeland Security (DHS) to review and comment on certain aeronautical studies.
(Sec. 333) Expresses the sense of Congress on the importance of: (1) improving the integration of BMD training across and between combatant commands and military departments, (2) identifying and addressing training gaps in integrating missile defense training, and (3) identifying the capabilities and funding needed to integrate such training across and between such commands and departments.
Subtitle E: Reports - (Sec. 341) Requires the Secretary: (1) to annually certify to the defense and appropriations committees that the prepositioned stocks of each of the military departments meet all operational plans in effect; and (2) if unable to make a complete certification for any year, to include in that certification a list of operational plans affected and mitigation measures taken. Outlines additional required information within an annual report on DOD prepositioned materiel and equipment.
(Sec. 342) Requires the inclusion in an annual report from the Secretary of the Navy on naval vessel repair and maintenance those vessels operated pursuant to a contract entered into by the Military Sealift Command, the Maritime Administration, of the U.S. Transportation Command.
(Sec. 343) Amends the Hunter Act to require additional information in an annual report concerning military working dogs.
(Sec. 344) Directs the Secretary to annually assess, and report to the defense and appropriations committees on, the status of military department compliance with joint military training, doctrine, and resource allocations promulgated by the Joint Staff.
(Sec. 345) Directs the Secretary to study, and report to the defense committees on, current and future training requirements for personnel assigned to the Pacific Command area of responsibility. Requires the CG, after the submission of the Secretary's report, to brief such committees on the report's completeness.
Subtitle F: Limitations and Extensions of Authority - (Sec. 351) Authorizes the adoption of a military working dog by the family of a deceased or seriously-wounded member of the Armed Forces (member) who was the dog's handler.
(Sec. 352) Prohibits the Secretary of the Air Force from expanding the Air Force food transformation initiative to include any base other than the six initially included in the pilot program until 270 days after such Secretary reports to the defense committees on the initiative.
(Sec. 353) Limits the obligation or expenditure of FY2012 funds for Army migration to enterprise e-mail services to 2% until 30 days after the Secretary of the Army reports to the defense and appropriations committees on the merits of the transition.
(Sec. 354) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the Army product improvement pilot program.
Subtitle G: Other Matters - (Sec. 361) Directs the Secretary, in carrying out security clearance adjudications, to give special consideration to members with a foreclosure on their credit report.
(Sec. 362) Requires the Secretary of the Navy to maximize the safety and effectiveness of all maritime vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to forces of the North Atlantic Treaty Organization (NATO), and to coalition forces, that are operating with U.S. forces. Requires such Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support the preparation of maps, charts, and other geodetic products.
(Sec. 363) Requires sums received as reimbursements for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 364) Reduces by 10% military department and DOD O&M printing and reproduction accounts.
(Sec. 365) Reduces by 10% military department and DOD O&M studies, analysis, and evaluations accounts.
(Sec. 366) Revises airlift service definitions with respect to the Civil Reserve Air Fleet (CRAF).
(Sec. 367) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the CRAF program. Authorizes the Secretary, in determining the amount of business to be received under an airlift services contract, to factor in the relative amount of airlift capability committed to the CRAF by each air carrier.
(Sec. 368) Expresses the sense of Congress that: (1) the U.S. Transportation Command has been successful in overcoming many obstacles to support U.S. national security objectives, and the CRAF program is one of the major reasons they deliver both combat power and humanitarian relief on time, on target, and at the best value; (2) the FAA Administrator should ensure that any changes made to FAA rules and regulations fully consider the impact of such changes on CRAF carriers, the U.S. Transportation Command, and DOD; and (3) the Administrator should develop guidelines that not only address crew fatigue, but also enhance safety while minimizing the impact on the mission of the U.S. Transportation Command and DOD.
(Sec. 369) Directs the Secretary to ensure that civilian and military law enforcement personnel charged with security functions on military installations receive Active Shooter Training as described in a DOD document entitled "Protecting the Force: Lessons From Fort Hood."
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Eliminates as an exception to joint duty assignment limits: (1) an officer released from a joint duty assignment for the 60-day period following such release, and (2) officers from each department designated by the Secretary to serve in joint duty assignments. Reduces the number of joint duty general and flag officers excluded from end strength limits. Reduces the full exclusion for officers serving in certain intelligence positions. Requires changes made by this section to be implemented between January 1, 2012, and October 1, 2013.
Subtitle B: Reserve Component Management - (Sec. 511) Establishes the position of Vice Chief of the National Guard Bureau, appointed by the President with the advice and consent of the Senate, and holding the grade of lieutenant general while so serving. Requires the Chief and Vice Chief to be designated as general officers to be counted against joint duty general and flag officer limits. Establishes the chain of succession for the Chief and Vice Chief in the event of absence or disability. Requires the current Director of the Joint Staff of the National Guard Bureau to continue to serve in the grade of major general as the acting Vice Chief until the Vice Chief is appointed.
(Sec. 512) Requires: (1) preseparation counseling to be provided to each reserve member whose discharge or release from service is anticipated as of a specific date, and (2) such counseling to begin as soon as feasible within their remaining period of service.
(Sec. 513) Makes discretionary (under current law, mandatory) the authority of the Secretary of the Army or Air Force to allow dual-status military technicians who reach their mandatory separation date before age 60 to apply for continued service until age 60.
(Sec. 514) Provides that dual-status military technicians who have been retained on the reserve active-status list beyond their mandatory removal date are not eligible for consideration for promotion by a mandatory promotion board.
Subtitle C: General Service Authorities - (Sec. 521) Outlines findings regarding the unique nature, demands, and hardships of military service.
(Sec. 522) Directs the Secretary to prescribe a policy that addresses the amount of dwell time a member or unit remains at a permanent duty station or home port between deployments. Requires the Secretary to: (1) establish a system for tracking and recording the number of days each member is deployed; (2) prescribe policies and procedures for measuring operating and personnel tempo; and (3) maintain a central data repository of information for research, analysis, interagency reporting and evaluation of tempo and personnel programs and policies.
(Sec. 523) Requires a member who gives birth to a child, or who adopts a child and will be the child's primary caregiver, to receive 42 days of leave following the birth or adoption. Allows a married member on active duty whose wife gives birth or adopts 10 days of leave.
(Sec. 524) Amends the Hunter Act to extend through 2015 the authority to release members from active duty in order to meet personal or professional needs, and then return them to active duty following the required inactive period.
(Sec. 525) Directs the Secretary concerned to treat as a secondary school graduate a person who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with state law, for purposes of military recruitment and enlistment. Requires: (1) the Secretary to prescribe a policy on recruitment and enlistment that incorporates such individuals, assessing their ability to fulfill enlistment obligations; and (2) the policy to include a marketing strategy for targeting various segments of potential recruits with various types of secondary education credentials.
(Sec. 526) Requires an additional amount of funding to be used by the Secretary of the Navy to develop, in youths of ages 11 through 17, interest and skill in seamanship and aviation while molding strong character in an anti-drug and anti-gang environment in furtherance of national security objectives. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of such funds.
Subtitle D: Military Justice and Legal Matters - (Sec. 531) Outlines procedures for the judicial review of military board decisions relating to the correction of military records. Requires: (1) such boards to issue written statements that include the factual and legal basis for their decisions, as well as procedures and timing associated with a judicial review; and (2) such review to be pursued within one year of a board's decision.
(Sec. 532) Allows members incurring an injury or illness while serving in a combat operation or in a combat zone designated by the Secretary to receive gifts from nonprofit organizations, private parties, and other sources outside of DOD. (Under current law, only individuals with a combat-related injury are so eligible.) Requires regulations covering such gifting to apply retroactively to injuries or illnesses incurred on or after September 11, 2001.
(Sec. 533) Amends the Don't Ask, Don't Tell Repeal Act of 2010 to require the military department chiefs of staff to certify to the defense and appropriations committees that the repeal of such law will not degrade the readiness, effectiveness, cohesion, and morale of combat arms units and personnel of their respective departments that are engaged in combat, deployed to a combat theater, or preparing for deployment to a combat theater.
(Sec. 534) Reaffirms the policy outlined in the Defense of Marriage Act that "marriage" means only a legal union between one man and one woman, and "spouse" refers only to a person of the opposite sex who is a husband or wife.
(Sec. 535) Allows: (1) a military installation or other DOD property to be used as the site for a marriage ceremony only if the marriage complies with the definition of marriage in the above Act; and (2) a member, or DOD civilian employee, acting in an official capacity to assist in or perform a marriage only if the marriage so complies.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 541) Authorizes the Secretary concerned to permit a member to participate in an apprenticeship program that provides employment skills training and assists them in transitioning into new civilian careers.
(Sec. 542) Expands the categories of students eligible to receive a stipend under the DOD's reserve health professionals stipend program to include those enrolled in courses that result in a degree in clinical psychology or social work.
(Sec. 543) Requires the Commandant of the United States Air Force Institute of Technology (Institute) to be selected by the Secretary of the Air Force. Outlines eligibility requirements and qualifications for such position. Allows a term of five years, with the authority to continue in such position for an additional five years. Establishes at the Institute the civilian positions of Provost and Academic Dean, to be appointed by such Secretary for five-year periods. Allows the person currently serving as the Institute's Commandant to serve as Acting Commandant until the appointment is made under this section.
(Sec. 544) Increases from one to three the number of nominations to the service academies authorized to be made by the governor of Puerto Rico.
(Sec. 545) Allows the Secretary concerned to waive the maximum age limit (23) for entry into a service academy if the member was or is prevented from applying for admission before such age as a result of service on active duty in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Allows such waiver also for candidates who possess an exceptional overall record that sets the candidate apart. Allows such waivers only if the candidate would not pass their 26th birthday by July 1 of the year of entrance. Prohibits more than five candidates from each service academy from being admitted under the waiver. Provides recordkeeping and reporting requirements for department Secretaries exercising such waivers.
(Sec. 546) Requires an additional amount of funding to be used by the Secretary for an education and employment advocacy pilot program to engage wounded members early in their recovery. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of such funds.
Subtitle F: Army National Military Cemeteries - (Sec. 551) Provides a new federal law chapter concerning Army national military cemeteries. Directs the Secretary of the Army to develop, operate, administer, and fund the Army national military cemeteries in a manner that fully honors the service and sacrifices of the deceased members buried or inurned there. Includes within such cemeteries Arlington National Cemetery and the U.S. Soldiers' and Airmen's Home National Cemetery. Requires such Secretary to: (1) submit an annual cemeteries budget request to the defense and appropriations committees; and (2) determine eligibility for interment or inurnment in the cemeteries. Provides for the removal of remains from the cemeteries in certain circumstances. Directs such Secretary to appoint an advisory committee on Arlington National Cemetery, which shall advise and consult with respect to Arlington National Cemetery administration, erection of memorials, and master planning. Requires periodic advisory committee reports.
Establishes an Executive Director of the Army National Military Cemeteries, with specified responsibilities.
Requires all Arlington National Cemetery interment and inurnment records to be digitized by June 1, 2012.
Provides for: (1) appointment and qualifications of cemetery superintendents; and (2) cemeteries oversight, including annual inspections during 2012 through 2014.
(Sec. 552) Directs the Inspector General of the Department of Defense to: (1) inspect each military cemetery and make recommendations for their regulation, management, oversight, and operation; (2) inspect a sample of cemeteries located at current or former military installations both inside and outside the United States in order to assess the adequacy of and adherence to federal statutes, policies, and regulations governing military cemetery management, oversight, operations, and interments or inurnments; and (3) submit inspection results and recommendations to the defense committees. Requires the military department Secretaries to report to such committees on their respective inspection results and corrective action plans.
Subtitle G: Armed Forces Retirement Home - (Sec. 561) Amends the Armed Forces Retirement Home Act of 1991 to make the administration of the Armed Forces Retirement Home (Home), including the provision of health and medical care for its residents, the responsibility of the Secretary.
(Sec. 562) Provides oversight responsibilities and reporting requirements of the Home's Senior Medical Advisor.
(Sec. 563) Requires the Home to have an advisory council, to be known as the Armed Forces Retirement Home Advisory Council, to provide to the Chief Operating Officer and Administrator of each of the two Home facilities recommendations on Home operation and administration and quality of care provided to residents. Requires the Council to report at least annually to the Secretary on its activities, together with recommendations. Provides Council composition and membership, including a Chairperson. Provides for a Resident Advisory Committee at each facility. Discontinues local boards for each facility.
(Sec. 564) Eliminates the positions of Deputy Director and Associate Director at each facility, instead establishing the position of Ombudsman at each facility. Authorizes the Ombudsman to provide information to the Home's Administrator, Chief Operating Officer, and Senior Medical Advisor, as well as the DOD Inspector General and Under Secretary of Defense for Personnel and Readiness. Replaces Director responsibilities with Administrator responsibilities.
(Sec. 565) Replaces transitional resident fee requirements for each Home facility with a permanent fee schedule.
(Sec. 566) Changes from annually to at least once every three years the required inspection of each Home facility by the DOD Inspector General. Revises generally Inspector General reporting and corrective action responsibilities.
(Sec. 567) Repeals transitional provisions of the Armed Forces Retirement Home Act of 1991 relating to the Armed Forces Retirement Home Board and the directors and deputy directors of each Home facility. Changes Board references to references to the Chief Operating Officer. Provides technical and conforming amendments to correspond to changes made under this subtitle.
Subtitle H: Military Family Readiness Matters - (Sec. 571) Revises the membership of the Department of Defense Military Family Readiness Council. Includes parents of military personnel as authorized Council members. Provides for reserve component representation on such Council.
(Sec. 572) Earmarks specified FY2012 DOD O&M funds for providing assistance to local educational agencies: (1) that benefit dependents of members and DOD civilian employees; and (2) with significant enrollment changes due to base closures or realignments, force structure changes, or force relocations.
(Sec. 573) Amends the Servicemembers Civil Relief Act to provide that if a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent-servicemember, then the court shall require that upon the return of that servicemember from deployment the custody order that was in effect preceding such deployment shall be reinstated, unless the court finds that reinstatement in not in the child's best interest. Prohibits a servicemember's deployment or possible deployment from being considered in the determination of a child's best interest in a motion seeking a permanent order to modify custody. Provides that under a temporary custody order, if a state law provides a higher standard of protection to the deploying parent-servicemember, then the appropriate court shall apply the higher standard.
(Sec. 574) Authorizes the Secretary of the Army to establish a Center for Military Family and Community Outreach to help increase the number of social workers and mental health service providers who are familiar with the special demands of active duty on members and their families and can adapt prevention and intervention methods to times of war and the needs of such families. Authorizes such Secretary to award grants to or enter into contracts or agreements with an historically black university in close proximity to an Army installation for the purpose of implementing a Center. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for Center purposes. Provides additional Army O&M funds to carry out this section.
(Sec. 575) Provides additional FY2012 Marine Corps O&M funds for a collaborative program that: (1) responds to escalating suicide rates and combat stress-related arrests of military personnel; and (2) trains active-duty military personnel to recognize and respond to combat stress disorder, suicide risk, substance addiction, and risk-taking behaviors and family violence. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for such purpose.
(Sec. 576) Directs the Secretary to report to the defense committees on any pilot projects that DOD is conducting on autism services.
Subtitle I: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 581) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or DOD employees in a comparable Senior Executive Service position.
(Sec. 582) Requires at least one full-time Sexual Assault Response Coordinator and one Sexual Assault Victim Advocate to be assigned to each military brigade or equivalent unit level. Directs that, as of October 1, 2013, only members of the Armed Forces and civilian DOD employees may serve in such positions. Provides for Coordinator and Advocate training and certification, requiring, as of the above date, all such Coordinators and Advocates to have completed such training and certification.
(Sec. 583) Entitles a member or dependent who is a victim of a sexual assault to legal assistance by a military legal assistance counsel, as well as assistance by a Coordinator and Advocate. Requires the member or dependent to be notified of the availability of such assistance, and given the option to opt out of any such assistance. Allows a member-victim to confidentially disclose assault details to any members providing such assistance, including personnel staffing a helpline, health care personnel, or a chaplain, without triggering an official investigation.
(Sec. 584) Amends the Uniform Code of Military Justice (UCMJ) to provide that communications between the victim of a sexual assault or other UCMJ-covered offense and a Coordinator, Advocate, or person staffing a helpline are not subject to discovery, and may not be admitted into evidence in any case arising under the UCMJ.
(Sec. 585) Directs the Secretary to maintain for at least 100 years all DOD medical, investigative, and related records prepared or collected in connection with sexual assault cases involving a member or dependent. Requires the victim to have permanent access to such records. Directs the Secretary to ensure that any such recordkeeping system does not jeopardize the confidentiality of the restricted reporting option available to a sexual assault victim. Requires a copy of the record of the court-martial involving a sexual assault to be given to the victim if the victim testified during the proceedings.
(Sec. 586) Directs the Secretary concerned to provide for the expedited consideration and approval of an application for a permanent change of station or unit transfer submitted by a member on active duty who was a victim of a sexual assault or other offense covered under the UCMJ.
(Sec. 587) Amends the Skelton Act to require the Secretary of each military department to develop a curriculum to provide sexual assault prevention and response training and education for members and civilian employees under their jurisdiction, in order to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault. Directs the Secretary of Defense to: (1) provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education, and (2) direct that managers of specialty skills associated with first responders integrate sexual assault response training in initial and recurring training courses. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for the development or implementation of sexual assault prevention and response training and education.
Subtitle J: Other Matters - (Sec. 591) Directs the Secretary concerned to request in the annual budget submission funds to provide support and services to certain organizations and activities outside DOD. Limits the annual obligation of funds for such purpose to $10 million beginning in FY2012.
(Sec. 592) Directs the Secretary to ensure that whenever the official flags of the 50 states are displayed by the Armed Forces, such display shall include the flags of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands.
(Sec. 593) Authorizes the Secretary to establish a military adaptive sports program for members eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty. Requires the Secretary to use competitive procedures to award any grant or contract under this section.
(Sec. 594) Directs the Secretary to carry out, during FY2012-FY2016, a career-development services program with the Education and Employment Initiative for severely wounded warriors of the Armed Forces, and their spouses, if appropriate. Requires such program to be carried out at up to 20 of the largest geographic concentrations of wounded warriors. Requires: (1) the Secretary to submit to the defense and appropriations committees plans for a cost-benefit analysis of the results of such services, and (2) lessons learned from the program to be shared with other federal agencies that provide transition services and support to disabled veterans or wounded warriors. Provides additional DOD O&M funds to carry out this section. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for the program.
(Sec. 595) Directs the CG to: (1) conduct a study of the military necessity of the Selective Service System, and alternatives to the System; and (2) report study results to the defense committees.
(Sec. 596) Expresses the sense of Congress that the bugle call commonly known as "Taps" should be sounded by a live solo bugler or trumpeter when possible.
(Sec. 597) Supports the goals and ideals of Yellow Ribbon Day in honor of members serving overseas and apart from their families and loved ones.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - (Sec. 601) Waives any FY2012 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases by 1.6%, effective January 1, 2012, the rates of basic pay for military personnel.
(Sec. 602) Resumes through 2012 DOD authority to provide temporary increases in the rates of basic allowance for housing due to significant growth in assigned military personnel or a major disaster. (Under current law, this authority terminated at the end of 2009.)
(Sec. 603) Allows the Secretary of the Navy to provide lodging or compensation for housing to enlisted personnel who are deprived of their quarters due to ship construction, including at shipyards affected by base realignment and closure activities in Pascagoula, Mississippi, and Bath, Maine.
Subtitle B: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2012 specified authorities currently scheduled to expire at the end of 2011 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
Subtitle C: Travel and Transportation Allowances Generally - (Sec. 621) Extends through 2012 DOD authority to reimburse Selected Reserve personnel for travel expenses for inactive-duty training outside normal commuting distance.
(Sec. 622) Requires (under current law, authorizes) the Secretary concerned to provide a travel and transportation allowance for non-medical attendants of seriously ill or wounded members.
Subtitle D: Consolidation and Reform of Travel and Transportation Authorities - (Sec. 632) Provides revised and updated definitions, administrative provisions, and general and specific authorities concerning military travel and transportation. Authorizes the Secretary to conduct pilot programs to test alternative methods for performing and reimbursing travel, for limiting the need for travel, and for reducing the environmental impact of travel.
(Sec. 633) Recodifies and renumbers current military travel and transportation authorities.
(Sec. 634) Terminates current military travel and transportation authorities with respect to travel that occurs after ten years after the enactment of this Act.
(Sec. 635) Makes technical and clerical amendments necessitated by the recodified and renumbered authorities.
(Sec. 636) Directs the Secretary to develop a plan to implement the transition from current military travel and transportation authorities to the revised and updated authorities within the 10-year period following the enactment of this Act. Requires the Secretary to prepare such plan, and modify current law to facilitate the transition process, in coordination with the Secretary of Homeland Security (with respect to the Coast Guard), the Secretary of Health and Human Services (with respect to the commissioned corps of the Public Health Service), and the Secretary of Commerce (with respect to the National Oceanic and Atmospheric Administration [NOAA]).
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations - (Sec. 641) Includes within the use of DOD uniform funding authority (thereby allowing simplified business practices and accounting procedures) those permanent change of station and temporary duty lodging programs operated through nonappropriated fund instrumentalities (NFIs).
(Sec. 642) Allows NFIs to enter into single-year or multiyear contracts with another DOD element, another federal agency, or a private-sector agency in order to provide or obtain goods and services beneficial to efficient management of a military exchange system or a morale, welfare, and recreation system. Authorizes NFIs to participate in partnerships with private entities to provide no-cost programs to the government on military installations using government facilities and other government support resources.
(Sec. 643) Designates the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for all purposes under laws relating to Fisher Houses and Fisher Suites.
(Sec. 644) Authorizes (under current law, requires) the Secretary of the Navy to select products to be sold aboard Navy ships.
(Sec. 645) Authorizes the military exchange services to issue and sell their obligations to the Federal Financing Bank in accordance with requirements of the Federal Financing Bank Act of 1973.
(Sec. 646) Authorizes the Defense Commissary Agency to operate an enhanced commissary store at a military installation designated for closure or realignment under a defense base closure law. Allows such store to sell, in addition to regularly-permitted merchandise, alcoholic beverages, tobacco products, and items in such other merchandise categories as the Secretary may select. Allows the Secretary to determine the sale prices for merchandise sold at an enhanced commissary store, except that such prices shall be at least 10% below the average price of comparable merchandise sold in local retail stores. Allows the Secretary to retain sale profits to offset the cost of store operation. Allows enhanced commissary stores to be in operation between October 1, 2011, and December 31, 2013.
Subtitle F: Disability, Retired Pay and Survivor Benefits - (Sec. 651) Increases monthly amounts, and establishes additional monthly amounts for FY2018-FY2021, to be paid as a special survivor indemnity allowance to surviving or former spouses of deceased members who do not receive a full annuity amount under the Survivor Benefit Program (SBP) due to the concurrent receipt of dependency and indemnity compensation through the Department of Veterans Affairs (VA). Extends the special survivor allowance authority until October 1, 2021.
Subtitle G: Other Matters - (Sec. 661) Authorizes the Secretary or a military department Secretary to reimburse the American National Red Cross for humanitarian support and other services provided to members and their dependents.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits - (Sec. 701) Expresses the sense of Congress that: (1) career military personnel and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of a 20-30 year career, and (2) those decades of sacrifice constitute a significant pre-paid premium for health care during a career member's retirement that is over and above what the member pays with money. Limits, beginning with FY2012, the increase in the annual DOD patient enrollment fees to the percentage by which retired pay is increased.
(Sec. 702) Authorizes the Secretary to provide food and beverages to certain members and dependents receiving outpatient care at a military medical treatment facility, or to family members providing care to an infant receiving inpatient care at such a facility.
(Sec. 703) Directs the Secretary to provide to any reserve member performing inactive-duty training during scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be available for referrals during duty hours at the principal duty location of the member's unit. Requires each reserve member participating in annual training or individual training to have access, while so participating, to the behavioral health support programs available to reserve personnel.
(Sec. 704) Amends the NDAA for Fiscal Year 1997 to prohibit a Medicare-eligible military retiree from newly enrolling in the managed care program of a designated provider after September 30, 2012.
Subtitle B: Health Care Administration - (Sec. 711) Directs the President, through the Secretary, to establish a unified command for medical operations of the Armed Forces. Requires all active military medical treatment facilities, training organizations, and research entities of the Armed Forces to be assigned to the unified command. Requires the unified command commander to hold the grade of general or admiral while serving in such position, and to be appointed by the President, by and with the advice and consent of the Senate. Provides subordinate commands to the unified command, with appropriate grades of commanders thereof. Outlines unified command commander responsibilities, including all affairs relating to medical operations activities, as well as the Defense Health Program. Directs the Secretary to establish the Defense Health Agency, and transfer to such Agency the TRICARE Management Agency and all functions of the TRICARE Program. Requires the Secretary to: (1) submit to the defense and appropriations committees a plan for establishing the unified command, and to notify such committees at least 30 days before establishing the command; and (2) after such notification, report to such committees on the establishment of the command and of the Defense Health Agency.
(Sec. 712) Limits the FY2012 obligation of funds for procurement, RDT&E, or O&M of the future electronic health records to 10% until 30 days after the Secretary reports to the defense and appropriations committees on an architecture to guide the transition of such program, and related information.
Subtitle C: Other Matters - (Sec. 721) Directs the Secretary to: (1) conduct a review of women-specific DOD health services and treatment for female members, and (2) report review results to the defense and appropriations committees.
(Sec. 722) Amends the NDAA for Fiscal Year 2010 to change from annually to biennially through 2015 the frequency of CG reports following reviews of the DOD-VA medical facility demonstration project.
(Sec. 723) Requires a report from the CG to the defense committees on contracting activities of the military departments with respect to providing health care professional services to members, dependents, and retirees.
(Sec. 724) Authorizes additional appropriations for: (1) the Wounded Warrior Program, as established under this section, which would evaluate and deploy novel treatment strategies for wounded members, with an emphasis on the most common musculoskeletal injuries; (2) cooperative health care agreements between military installations and local or regional health care systems for members and communities surrounding installations with both active duty and training components but without inpatient medical facilities; (3) the prostate cancer imaging research initiative; (4) the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury; (5) collaborative military-civilian trauma training programs; (6) the development of national medical guidelines for the post-acute rehabilitation of individuals with traumatic brain injury; and (7) competitive programs for alcohol and substance abuse disorders. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of funds for such programs and activities.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management - (Sec. 801) Prohibits a major defense acquisition program (MDAP) from receiving milestone A (technology development) approval until the Milestone Decision Authority certifies that a preliminary analysis of core logistics capabilities for each major weapons system of the MDAP has been performed. Requires the MDAP's core logistics requirements and associated sustaining workload to have been identified before the MDAP may receive milestone B (engineering and manufacturing development) approval. Requires certification that relevant sustainment criteria and alternatives were sufficiently evaluated and addressed for MDAP sustainment through its projected life cycle. Eliminates MDAP requirements references to Key Decision Points A and B.
(Sec. 802) Allows a DOD officer or employee to disclose sensitive information to a litigation support contractor only if: (1) the disclosure is solely for providing litigation support to the government; and (2) the contractor agrees to and acknowledges responsibility for the use, and prevention of further disclosure, of such information.
(Sec. 803) Includes any individual performing contract work under a defense contract within the maximum allowable compensation limit. (Under current law, such limit applies only to senior executives of contractors).
(Sec. 804) Requires the Secretary to: (1) manage supplier risk in accordance with standards outlined under the Small Business Act, including required use of a business credit reporting bureau; and (2) ensure that existing suppliers are identified and tracked for events that may affect supplier performance, including suspensions, mergers and acquisitions, bankruptcy filings, and criminal proceedings.
(Sec. 805) Allows funds credited to the Defense Acquisition Workforce Development Fund to be available for the year credited and the two succeeding fiscal years.
(Sec. 806) Requires the Director of the Defense Contract Audit Agency to: (1) prepare an annual report of Agency activities, and (2) submit each report to the defense and appropriations committees. Requires the public availability of each report 60 days after such submission.
Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations - (Sec. 811) Requires a critical change report with respect to a major automated information system (MAIS) within five years after the contract is awarded. (Under current law, such report is required when MAIS investment has failed to achieve a full deployment decision within five years after funds are first obligated.)
(Sec. 812) Requires annual Selected Acquisition reports to be submitted to Congress within 45 (under current law, 60) days after the end of the first fiscal quarter.
(Sec. 813) Extends through FY2015 the deadline for certain protests of civilian agency task and delivery order contracts.
(Sec. 814) Makes the $30,000 cost threshold applicable only to right-hand drive passenger sedans (thereby excluding from such threshold other right-hand drive vehicles such as ambulances, fire trucks, and buses).
(Sec. 815) Provides that Buy American requirements for tents, tarpaulins, or covers purchased by DOD includes the materials and components of such items.
(Sec. 816) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to repeal DOD authority to purchase articles containing para-aramid fibers and yarns from certain foreign countries. Prohibits DOD from including within a procurement solicitation a requirement that proposals submitted must include the use of such fibers and yarns.
(Sec. 817) Amends the NDAA for Fiscal Year 2008 to repeal the January 1, 2015, termination date on DOD authority to procure from certain foreign countries fire-resistant rayon fiber for uniforms.
Subtitle C: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan - (Sec. 821) Prohibits the Secretary, as of 60 days after the enactment of this Act, from awarding a contract in support of a contingency operation in Iraq or Afghanistan to an adverse entity (one determined to be directly engaged in hostilities against the United States or its coalition partners, or substantially supporting forces so engaged). Authorizes the Secretary to void any such contract in effect before, on, or after such effective date.
(Sec. 822) Makes the simplified acquisition threshold $1 million and the micro-purchase threshold $25,000 with respect to the DOD procurement of property or services determined to be used in support of a contingency operation in Iraq or Afghanistan, regardless of whether the contract award or procurement occurs inside or outside the United States.
(Sec. 823) Authorizes the Secretary to examine the records of a foreign contractor performing a contract in support of a contingency operation in Iraq or Afghanistan. Makes an exception for a contractor that is a foreign government or agency or that is precluded by applicable laws from making such records available.
Subtitle D: Defense Industrial Base Matters - (Sec. 831) Directs the Secretary to report to the defense and appropriations committees on the defense industrial base pilot program.
(Sec. 832) Requires the Secretary to: (1) assess the current and long-term availability within the U.S. industrial base of critical equipment, components, and materials needed to support short or prolonged conventional conflicts, and (2) submit assessment results to Congress. Directs the CG to review and report on such assessment.
(Sec. 833) Directs the CG to assess, and report to the defense committees on, the effect of government-mandated and supported competition in the defense industrial base.
(Sec. 834) Requires the Secretary to submit to the defense, appropriations, and foreign relations committees an assessment of the impact of foreign boycotts on the defense industrial base.
(Sec. 835) Directs the Administrator of the Defense Logistics Agency Strategic Materials to submit to the Secretary a plan to establish an inventory of rare earth materials necessary to ensure their long-term availability in supporting national defense requirements. Requires the Secretary to determine whether to execute such plan within 90 days after its receipt. Specifies the rare earth materials and elements to be included in the inventory.
Subtitle E: Other Matters - (Sec. 841) Amends the Skelton Act to: (1) remove the requirement that the acquisition process for the rapid fielding of capabilities in response to urgent operational needs may only be applied for capabilities that can be acquired under fixed-price contracts; (2) remove a requirement that guidance issued by the Secretary on the management of manufacturing risk in MDAPs include the use of manufacturing readiness levels as a basis for measuring, assessing, reporting, and communicating manufacturing readiness and risk; and (3) authorize (current law requires) the Secretary to establish a defense research and development rapid integration program.
(Sec. 842) Amends the Skelton Act to consider DOD as owning a photovoltaic device if such device is installed on DOD property or in a facility owned or leased by DOD.
(Sec. 843) Provides that U.S. district courts shall have no jurisdiction to hear bid protest disputes involving maritime contracts.
(Sec. 844) Amends the Energy Independence and Security Act of 2007 to exempt DOD from such Act's alternative fuel procurement contract requirements.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management - (Sec. 901) Revises generally the conditions required prior to the obligation of funds for defense business system modernization. Consolidates reports required of DOD deputy chief management officers with those required of the chief management officers of the military departments under the NDAA for Fiscal Year 2009.
(Sec. 902) Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps, and (2) the Secretary of the Navy as the Secretary of the Navy and Marine Corps. Provides for the appropriate redesignation of subordinate offices within the Navy due to such redesignation.
Subtitle B: Space Activities - (Sec. 911) Requires the Secretary to notify Congress upon a determination that a commercial communications service will cause or is causing widespread harmful interference with Global Positioning System (GPS) receivers used by DOD.
Subtitle C: Intelligence-Related Matters - (Sec. 921) Directs the Secretary to report to the defense, appropriations, and intelligence committees and the CG on actions taken in response to CG recommendations concerning the sharing of intelligence information across the defense elements of the intelligence community. Requires the CG to review such report and submit review results to such committees.
(Sec. 922) Directs the Secretary to establish a program for information sharing protection and insider threat mitigation for the information systems of DOD to detect unauthorized access to, or use or transmission of, classified or controlled unclassified information. Provides deadlines for initial and full operating capability for such program. Requires the Secretary to: (1) report to the defense and appropriations committees on the implementation plan for the program, and (2) brief the defense committees with respect to a governance structure and process that integrates information security and sharing technologies with DOD policies and procedures to support such program.
Subtitle D: Total Force Management - (Sec. 931) Directs the Secretary to establish policies and procedures for determining the appropriate mix of military, civilian, and contractor personnel to perform the DOD mission (total force management plan). Requires the Secretary to ensure that establishment of an appropriately balanced workforce to carry out core mission areas takes precedence over cost savings. Provides for the delegation of responsibilities in implementing such policies and procedures.
(Sec. 932) Requires DOD civilian personnel to be managed on the basis of workload and in support of the total force management plan, above.
(Sec. 933) Requires in an annual report from the Secretary on DOD expenditures, work, and accomplishments an accounting for DOD contractors. Requires guidelines related to civilian personnel reductions and processes for the acquisition of services to comply with the total force management plan.
(Sec. 934) Requires the annual defense manpower requirements report to include: (1) a projection of the annual DOD civilian personnel requirements, as well as the strength levels of the previous year, and (2) an estimate for contractor requirements for support services.
(Sec. 935) Revises the DOD strategic workforce plan to: (1) change from annual to biennial its report requirement, (2) require the plan to cover a five-year period corresponding to the future-years defense program, and (3) conform such plan to the total force management plan.
(Sec. 936) Makes technical amendments to DOD requirements for contracted services.
(Sec. 937) Amends the NDAA for Fiscal Year 2010 to: (1) remove a requirement that the Secretary certify compliance with requirements for conversion of DOD functions to contractor performance, and (2) require the CG to assess a report submitted by the Secretary on the conduct of public-private competitions for such conversions.
(Sec. 938) Revises provisions concerning the preliminary planning and duration of such public-private competitions to place preliminary planning responsibility with the Under Secretary of Defense for Personnel and Readiness. Includes public-private competitions of a defense agency within such requirements (under current law, limited to military departments).
(Sec. 939) Requires: (1) inherently governmental functions to be performed by DOD civilian employees, (2) a cost analysis and savings differential before converting certain commercial functions to performance by DOD civilian employees, and (3) notification to a contractor of the intent to perform by DOD civilian employees a contract currently performed by the contractor (requiring a copy of such notification to the defense and appropriations committees).
(Sec. 940) Directs the Secretary to: (1) assess the appropriate mix of DOD civilian personnel and contractor personnel to carry out the mission and functions of the Defense Medical Readiness Training Institute, (2) include consideration of the total force management plan within such assessment, and (3) report assessment results to the defense and appropriations committees.
Subtitle E: Quadrennial Roles and Missions and Related Matters - (Sec. 951) Requires the JCS Chairman to advise the Secretary on the assignment of functions of the Armed Forces with a goal of obtaining maximum efficiency and effectiveness. Requires the National Military Strategy Review to be consistent with the Quadrennial Roles and Missions Review (Quad Review).
(Sec. 952) Revises the Quad Review to require consideration of the functions and capabilities of DOD and its major components to achieve the objectives of the national defense strategy and national military strategy.
(Sec. 953) Amends the NDAA for Fiscal Year 2008 to include functions identified under the most recent Quad Review within the Secretary's presentation of the future-years budget. Directs the CG to prepare a report on the sufficiency of DOD budget documentation.
(Sec. 954) Requires the JCS Chairman to include within each National Military Strategy an assessment of: (1) the critical deficiencies and strengths in force capabilities identified during the preparation and review of contingency plans of each combatant commander, and (2) the effect of such deficiencies and strengths on meeting national security objectives, policy, and strategic plans. Directs the Secretary to submit to Congress a plan for mitigating any critical deficiency in force capability under a contingency plan, as identified by the JCS Chairman.
(Sec. 955) Expresses the sense of Congress that the quadrennial defense review is a critical strategic document and should be based upon a process unconstrained by budgetary influences. Requires each such review to make recommendations that are not constrained by the budget, in order to allow Congress to determine the level of acceptable risk to execute within appropriated funds the missions associated with the national defense strategy.
Subtitle F: Other Matters - (Sec. 961) Amends the NDAA for Fiscal Year 2008 to provide an annual deadline through 2013 for a report concerning foreign language proficiency of DOD personnel.
(Sec. 962) Affirms the Secretary's authority to conduct military activities in cyberspace. Includes within such authority clandestine operations: (1) in support of a military operation pursuant to the Authorization for Use of Military Force against a target outside the United States, or (2) to defend against a cyber attack against a DOD asset. Directs the Secretary to provide quarterly briefings to the defense committees on military cyberspace activities.
(Sec. 963) Authorizes the Secretary to temporarily assign a member of the military forces of a foreign government to a DOD organization in order to assist such member in obtaining education and training to improve understanding of and response to information security threats, vulnerabilities, and consequences. Requires the Secretary, in making such assignments, to include adequate safeguards of DOD information security. Directs the Secretary to report to Congress on expanding such program to include ministry of defense officials, security officials, or other civilian officials of foreign countries.
(Sec. 964) Directs the Secretary to submit to the defense and appropriations committees a study of the U.S. Special Operations Command sub-unified structure.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities.
(Sec. 1012) Amends the NDAA for Fiscal Year 1991 to extend through FY2013 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies.
(Sec. 1013) Amends the NDAA for Fiscal Year 1998 to extend through FY2013 authorized DOD support for counterdrug activities of certain foreign governments.
(Sec. 1014) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2012 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Repeals a provision requiring the Secretary of the Navy to submit a long-range plan for the construction of naval vessels. Directs (instead) the Secretary to include with defense budget materials each year: (1) a plan for the construction of combatant and support vessels for the Navy, and (2) a certification that both the budget for that fiscal year and the future-years defense program relating to such budget provide for sufficient funding of the construction of such vessels. Requires the Director of the Congressional Budget Office (CBO) to report to the defense and appropriations committees assessing the sufficiency of the estimated levels of annual funding included in the plan.
Subtitle D: Counterterrorism - (Sec. 1031) Defines for purposes of this subtitle an "individual detained at Guantanamo" as any individual located at U.S. Naval Station Guantanamo Bay, Cuba, on or after March 7, 2011, who: (1) is not a citizen of the United States or a member of its Armed Forces, and (2) is in the custody or control of DOD.
(Sec. 1032) Extends through FY2014 DOD authority to make awards to individuals for providing assistance in combating terrorism to U.S. government personnel or government personnel of allied forces participating in a combined operation with U.S. Armed Forces.
(Sec. 1033) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
(Sec. 1034) Affirms that the United States is in an armed conflict with al Qaeda, the Taliban, and associated forces, and that the President is authorized to detain unprivileged enemy belligerents in connection with such conflict until the termination of hostilities.
(Sec. 1035) Directs the Secretary to submit to the defense committees a national security protocol outlining legal representation and communication privileges of individuals detained at Guantanamo.
(Sec. 1036) Requires the Secretary to establish a review process to review the detention of each individual detained at Guantanamo to determine whether continued detention is necessary to protect U.S. national security. Requires a full review of each individual at least every three years, and a file review at least once a year. Directs the Secretary to establish military review panels to conduct such reviews. Outlines military panel proceedings requirements, as well as file review procedures. Establishes an interagency review board to review military panel recommendations, and to take specified action upon a determination of clear error. Requires such review board, upon a determination against continued detention of an individual, to identify a suitable transfer location outside the United States. Allows a military panel to reevaluate any individual whose panel recommendation is rejected by the board. Directs a review board to forward recommendations to the Secretary for signature. Provides review exceptions. Directs the Secretary to report to the defense and intelligence committees on the establishment of the review process.
(Sec. 1037) Prohibits FY2012 DOD funds from being used to: (1) construct or modify facilities in the United States or its territories or possessions in order to house detainees transferred from Guantanamo, (2) allow any family member to visit an individual detained at Guantanamo, or (3) transfer or release such an individual to the United States or its territories or possessions.
(Sec. 1040) Prohibits FY2012 DOD funds from being used to transfer such an individual to their country of origin or any other foreign country or entity until 30 days after a certification to Congress relating to the anti-terrorism and other aspects of the transfer country. Prohibits transfer to a country or entity if there is a confirmed case of an individual being transferred there who subsequently engaged in terrorist activity (with an authorized waiver by the Secretary).
(Sec. 1041) Directs the Secretary, beginning in 2012, to provide quarterly briefings to the defense and appropriations committees on DOD counterterrorism operations and related activities involving special operations forces.
(Sec. 1042) Requires Department of Justice (DOJ) consultation with the Secretary and the Director of National Intelligence concerning: (1) whether the prosecution of an alien for a terrorist offense should take place in a U.S. district court or before a military commission, and (2) whether the individual should be transferred into military custody for intelligence interviews.
Subtitle E: Nuclear Forces - (Sec. 1051) Requires the Commander of the U.S. Strategic Command, the Director of the Strategic Systems Program of the Navy, and the Commander of the Global Strike Command of the Air Force to each: (1) annually assess the performance and effectiveness of their respective delivery platform for nuclear weapons and nuclear command and control system, and (2) report assessment results to the Secretary and the Nuclear Weapons Council. Directs the: (1) Secretary to submit each report to the President, together with comments and conclusions; and (2) President to submit such reports to the defense and appropriations committees.
(Sec. 1052) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees a DOD plan to implement the nuclear force reductions, limitations, and verification and transparency measures contained in the New START Treaty. Requires the CG to review such plan, and submit review results to the defense and appropriations committees.
(Sec. 1053) Directs the President to report annually from 2013 through 2019 to the defense, appropriations, and foreign relations committees on the plan for the safety, security, and modernization of the nuclear weapons stockpile, nuclear weapons complex, and related delivery platforms.
(Sec. 1054) Expresses the sense of Congress that: (1) any reductions in U.S. nuclear forces should be supported by a thorough assessment of the strategic environment, threat, and policy, as well as the technical and operational implications of such reductions; and (2) specific criteria are necessary to guide future decisions regarding further reductions in such forces.
(Sec. 1055) Prohibits the Secretary or the Secretary of Energy from obligating or expending any amounts appropriated to DOD or the Department of Energy (DOE) for FY2011-FY2017 to retire specified U.S. nuclear systems as required by the New START Treaty. Allows a waiver of such prohibition if such Secretaries jointly notify the defense and appropriations committees of the status of carrying out the modernization plan required under section 1053, above. Prohibits such Secretaries from obligating or expending any amounts appropriated to DOD or DOE to retire, dismantle, or eliminate any nondeployed strategic or nonstrategic nuclear weapon until 90 days after written certification to the defense and congressional committees. Provides an exception with respect to legacy warheads awaiting dismantlement on the date of enactment of this Act. Prohibits the President from retiring, dismantling, or eliminating any U.S. nuclear weapon if such action would reduce their number to less than the level described in the New START Treaty unless such action is: (1) required by a treaty or international agreement specifically approved with the advice and consent of the Senate, or (2) specifically authorized by an Act of Congress.
(Sec. 1056) Prohibits the President from making any changes to the U.S. nuclear employment strategy unless: (1) the President reports the proposed change(s) to the defense, appropriations, and foreign relations committees, and (2) 90 days have elapsed since such report.
(Sec. 1057) Directs the CG to study, and report to the above committees on, the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of DOD.
Subtitle F: Financial Management - (Sec. 1061) Requires the Under Secretary of Defense for Personnel and Readiness to develop policies and procedures related to the DOD financial management workforce.
(Sec. 1062) Amends the NDAA for Fiscal Year 2002 to revise the date by which the Under Secretary of Defense (Comptroller) and the assistant secretary of each military department with responsibility for financial management and comptroller functions must submit their preliminary representations regarding the expected reliability of their financial statements.
(Sec. 1063) Directs DOD's Chief Management Officer to assess the competency and effectiveness of personnel performing financial and budgetary accounting within DOD, the military departments, and the defense agencies. Requires: (1) each chief management officer within DOD and such departments and agencies to report to the Secretary on each assessment conducted, along with any appropriate corrective action plan; (2) the Secretary to report to the defense and appropriations committees on such assessments and action plans; and (3) each chief management officer to designate the accountable office for the corrective action process.
(Sec. 1064) Directs the CG to: (1) assess the extent to which DOD has tracked and realized the savings proposed pursuant to the initiative to identify at least $100 billion in efficiencies during FY2012-FY2016; and (2) during each such fiscal year, report to the defense and appropriations committees on such assessments.
(Sec. 1065) Directs the CG to: (1) assess the extent to which DOD components conducted a business case analysis prior to recommending and implementing efficiency initiatives, and (2) report assessment results to the above committees.
(Sec. 1066) Specifies the funds to be used to fund the Financial Improvement and Audit Readiness (FIAR) plan. Requires additional information regarding subordinate activities associated with interim milestones for DOD audit readiness, as required under the Skelton Act.
(Sec. 1067) Requires the Secretary to submit to Congress a corrective action plan for any weaknesses and deficiencies in the execution of the FIAR plan.
Subtitle G: Studies and Reports - (Sec. 1071) Repeals various redundant or obsolete DOD report requirements.
(Sec. 1072) Directs the Secretary to: (1) conduct a biennial review of all DOD reports required to be submitted to Congress; (2) conduct a biennial review of internal DOD reports; (3) based on such reviews, identify any redundant, burdensome, or unjustifiable report requirements; and (4) eliminate or modify such reports.
(Sec. 1073) Directs the Secretary to transmit reports required by law in electronic format to the maximum extent practicable.
(Sec. 1074) Revises provisions requiring the Secretary to provide an annual aviation report covering the subsequent 30-year period. Directs the Secretary to include in such report: (1) additional information on cost estimates; (2) Army aviation reports; (3) an inventory of all DOD aircraft; and (4) remotely-piloted vehicles, rotary-wing aircraft, and operational support and executive airlift programs.
(Sec. 1075) Revises the due date for an annual DOD report on National Guard and reserve equipment.
(Sec. 1076) Revises a required annual report from the Secretary on the use of National Guard personnel in homeland defense activities to preclude the report requirement in any year that such personnel were not used for that purpose.
(Sec. 1077) Amends the NDAA for Fiscal Year 2010 to include the foreign relations committees as recipients of a report by the Director of National Intelligence on the nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.
Subtitle H: Miscellaneous Authorities and Limitations - (Sec. 1081) Authorizes the Secretary to exempt from disclosure under the Freedom Act files of the military flight operations quality assurance systems of the military departments.
(Sec. 1082) Requires the Secretary, in the FY2013 report on the Quad Review, to specifically review the capability of DOD elements responsible for conducting light attack and armed reconnaissance missions or fulfilling requests of partner nations for training in the conduct of such missions. Prohibits the availability of funds for fiscal years after 2012 for the procurement or fielding of light attack armed reconnaissance aircraft until: (1) the Joint Requirements Oversight Council validates requirements for the development or procurement of such aircraft, and (2) the Under Secretary approves their acquisition strategy. Allows the Secretary to waive such prohibition when necessary to support ongoing contingency operations in Iraq or Afghanistan.
(Sec. 1083) Earmarks National Guard State Partnership Program funds for the payment of Program participation travel costs of foreign civilian and non-defense agency personnel.
(Sec. 1084) Prohibits this Act's funds from being used for manufacturing beyond low-rate initial production at three specified prototype integration facilities. Authorizes a waiver for national security purposes or when necessary to rapidly acquire equipment to respond to combat emergencies.
Subtitle I: Other Matters - (Sec. 1091) Exempts from the Freedom of Information Act DOD critical infrastructure information that, if disclosed, may result in the disruption, degradation, or destruction of DOD operations, property, or facilities.
(Sec. 1092) Includes as authorized assistance and training under humanitarian demining assistance physical security, stockpile management, and explosive safety.
(Sec. 1093) Amends the Hunter Act to require (under current law, authorizes) the appropriate officials to establish a standing advisory panel on improving the coordination of national security matters between DOD, the State Department, and the Agency for International Development. Extends the program through 2016.
(Sec. 1094) Directs the Secretary of the Navy to ensure that the Navy maintains a minimum of 10 carrier wings and, for each wing, a dedicated and fully-staffed headquarters.
(Sec. 1095) Requires the Secretary, for FY2013 and thereafter, to submit to the President a budget justification display that covers all programs and activities associated with procurement of organizational clothing and individual equipment.
(Sec. 1096) Expresses the sense of Congress that the sustainment of the solid rocket motor and liquid rocket engine industrial base is a national challenge that spans multiple departments and agencies and requires the attention of the President. Directs the President to submit to Congress a national rocket propulsion strategy, containing specified elements.
(Sec. 1097) Allows religious symbols to be included as part a military memorial established or acquired by the government, or for which the American Battle Monuments Commission cooperated in establishing.
(Sec. 1098) Requires the FAA Administrator to establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges. Requires a program report from the Administrator to Congress.
(Sec. 1099) Expresses the sense of Congress that: (1) Special Operations Forces provide a tremendous service to the Nation, and (2) the killing of Osama bin Laden is a major victory for international justice and for the United States in the war against terrorism and radical extremists.
(Sec. 1099A) Makes a corrective amendment to the American Recovery and Reinvestment Tax Act of 2009.
(Sec. 1099B) Directs the Secretary to submit to the defense committees and other appropriate committees specified information in connection with individuals formerly or currently detained by DOD at U.S. Naval Station, Guantanamo Bay, Cuba.
Title XI: Civilian Personnel Matters - (Sec. 1101) Makes technical amendments to DOD performance management, hiring, and training authorities. Removes references to the Department of Defense National Security Personnel System, which was repealed by the NDAA for Fiscal Year 2010.
(Sec. 1102) Directs the Secretary, within one year after implementation of the replacement DOD performance management and workforce incentive system, to: (1) conduct assessments or surveys of employee perceptions of the system, and (2) report assessment or survey results to Congress and the CG. Requires the CG to review any such assessments or surveys and report review results to Congress. Directs the Secretary to report at least semiannually on the design and implementation of the new system. Repeals superseded provisions.
(Sec. 1103) Amends the Hunter Act to make permanent direct hiring authority at DOD demonstration laboratories.
(Sec. 1104) Prohibits the payment of annual cost-of-living adjustments to federal employees receiving an unacceptable performance rating (a rating of "below satisfactory").
(Sec. 1105) Allows a federal employee to designate any person to receive all (under current law, up to 50%) or any portion of their death gratuity in the event that such employee dies in connection with service with the Armed Forces in a contingency operation. Requires the appropriate agency head to notify the spouse in the event the employee does not choose the spouse as the beneficiary of a full death gratuity.
(Sec. 1106) Amends the Hunter Act to extend through 2012 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1107) Waives certain pay limitations for individuals hired by DOD as highly qualified experts and serving with the Armed Forces in a contingency operation (thus conforming their pay and allowances to that of other federal employees serving in such circumstances).
(Sec. 1108) Requires each federal agency head to provide for the assignment of a post-combat case coordinator for each employee of such agency who suffers an injury or disability incurred or an illness contracted as a result of a war-risk hazard or capture, detention, or other restraint by a hostile force or individual. Requires the Office of Personnel Management (OPM) to prescribe guidelines for coordinator responsibilities. Requires coordinator services to continue until: (1) the employee accepts or declines an offer of employment at the employee's agency at a level not lower than two pay grades below the employee's grade before the injury, disability, or illness; or (2) the employee gives written notice that such services are no longer desired or necessary.
(Sec. 1109) Authorizes the Secretary to waive repayment of voluntary separation incentive pay in the case of employees who accepted a reassignment with DOD during the period beginning on April 1, 2004, and ending on May 1, 2008, and had received written assurance that such repayment would not be required or would be waived.
(Sec. 1110) Extends through 2016 DOD authority to provide for the temporary continuation of health insurance coverage for employees separated due to a reduction in force.
(Sec. 1111) Provides that, in the case of conversion of an agency function from performance by contractor to performance by an agency employee, the head of that agency may waive any maximum age limit for such employee if necessary to promote the recruitment or appointment of experienced personnel.
(Sec. 1112) Expresses the sense of Congress that the Secretary and the OPM Director should develop procedures for determining locality pay for employees of DOD in circumstances that may be unique to such employees, such as assignment to remote military installations, due to the difference between the cost of living at the post of assignment and the locality where such employee generally resides.
(Sec. 1113) Revises generally information required in Office of Special Counsel reports concerning the disclosures of violations of law, gross mismanagement, and related matters (whistleblower provisions).
(Sec. 1114) Directs the Secretary to list on the DOD public website the names of senior mentors serving in DOD, and to update the list at least quarterly.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Amends the Reagan Act to increase and extend through FY2014 authorized DOD support of special operations to combat terrorism. Directs the Secretary to brief the defense committees on future requirements for such authority.
(Sec. 1202) Amends the NDAA for Fiscal Year 2006 to increase and extend through FY2013 a DOD program to build the capacity of certain foreign military forces. Requires a report from the President to Congress on program implementation.
(Sec. 1203) Extends through FY2016 DOD's nonconventional assisted recovery program for certain DOD, federal government, and other designated personnel supporting U.S. national interests in isolated areas.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1211) Amends the Skelton Act to increase and extend through FY2012 the Afghanistan Infrastructure Fund. Limits the obligation of such funds until the Secretary submits to Congress a plan for the allocation and use of such funds in FY2012.
(Sec. 1212) Authorizes the Secretary to use specified DOD O&M funds in FY2012 for the Commanders' Emergency Response Program (humanitarian aid and assistance) in Afghanistan. Requires: (1) quarterly reports and briefings from the Secretary to the defense and appropriations committees on the source and allocation of such funds, and (2) the Secretary to submit to such committees a copy of the guidance issued to the Armed Forces concerning the allocation of such funds. Authorizes the Secretary, in exercising Program authority, to waive any law that would prohibit, restrict, or otherwise constrain the use of such authority. Requires the Secretary to notify such committees at least 15 days before obligating or expending funds for the Program.
(Sec. 1213) Amends the NDAA for Fiscal Year 2008 to extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations. Extends through FY2013 required congressional notification of reimbursement to Pakistan for military support.
(Sec. 1214) Amends the NDAA for Fiscal Year 2010 to extend through FY2012 DOD authority to use the Pakistan Counterinsurgency Fund to assist Pakistan security forces to build and maintain such country's counterinsurgency capability. Limits the obligation of such funds in FY2012 until the Secretary reports to Congress on Fund strategy and metrics. Requires such report to be updated for any year in which funding is requested for such Fund.
(Sec. 1215) Directs the Secretary to report to Congress within 10 days after the completion of any agreement with the government of Iraq that would retain a U.S. force presence in Iraq greater than that envisioned for the Office of Security Cooperation-Iraq. Requires report updates for FY2014-FY2015.
(Sec. 1216) Authorizes the Secretary to support operations and activities of the above Office, including life support, transportation and personal security, and facilities renovation and construction. Prohibits such support from including salaries and expenses of State Department personnel. Provides funding from Air Force O&M funds.
Subtitle C: Reports and Other Matters - (Sec. 1221) Requires the Secretary to: (1) direct an appropriate entity outside DOD to conduct a review of Iran's and China's conventional and anti-access capabilities, and (2) submit such review to Congress.
(Sec. 1222) Requires the Secretary to: (1) direct a DOD federally funded research and development center to assess the energy security of the NATO alliance, and (2) submit assessment results to Congress.
(Sec. 1223) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 a required report on progress toward security and stability in Afghanistan.
(Sec. 1224) Directs the Secretary to report to Congress on the current and future military power of the Democratic People's Republic of Korea.
(Sec. 1225) Requires the CBO Director to determine and make publicly available the amount of accrued interest on U.S. federal debt paid to China during the five-year period ending on the date of enactment of this Act. Directs the Secretary to assess and report to Congress on national security risks posed to the United States and its allies as a result of federal debt liabilities owed to China.
(Sec. 1226) Directs the Secretary to notify Congress prior to relocating any military unit stationed outside the United States. Provides exceptions, including a unit deployed in support of a contingency operation.
(Sec. 1227) Amends the NDAA for Fiscal Year 2000 to require additional information in an annual DOD analysis of the military power of China.
(Sec. 1228) Prohibits DOD funds from being used to provide the Russian Federation with access to: (1) sensitive U.S. missile defense technology, including hit-to-kill technology; or (2) sensitive data that supports U.S. missile defense capabilities. Prohibits such funds from being used to provide the Russian Federation with access to U.S. missile defense technology or data other than that described above unless, at least 30 days in advance, the President describes to Congress the data to be accessed, along with a certification relating to the use of, and third-party access to, such data.
(Sec. 1229) States as the policy of the United States that further limitations on U.S. missile defense capabilities are not in the national security interest, that such capabilities should be improved during the period of the New START Treaty, and that no future agreements with Russia should include any restrictions on U.S. missile defense options in Europe or elsewhere. Provides that no agreement with any country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities shall be binding on the United States unless such agreement or amendment is: (1) specifically approved with the advice and consent of the Senate, or (2) specifically authorized by an Act of Congress. Directs the President to provide annual notification to Congress as to whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in missile defense capabilities; and (2) whether any Russian Federation representative has suggested that a treaty or other international agreement include provisions restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe.
(Sec. 1230) States U.S. policy relating to the reduction of Russian deployed and non-deployed non-strategic forces and the extended deterrence commitment to Europe. Prohibits any action to be taken to effect or implement the reduction, consolidation, or withdrawal of U.S. nuclear forces based in Europe unless: (1) the reduction is requested by the government of the host nation in a manner provided in the agreement between the United States and the host nation; or (2) the President certifies that NATO member states have decided to support such reduction, consolidation, or withdrawal, and that the remaining forces in Europe would provide a commensurate or better level of assurance and credibility. Requires the President, upon any such reduction or withdrawal decision, to provide Congress with the above certification, a justification therefor, and an assessment of how NATO member states assess the credibility of the U.S. deterrence capability in support of their commitments under the NATO Treaty. Requires a 180-day waiting period following such notification before the President may take any such action.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Places a 75% limit on the obligation of FY2012 funds for the cooperative biological engagement program (part of the CTR programs) until the Secretary submits to Congress a detailed analysis of the effect of such program and either: (1) written certification of its positive effects on threat reduction; or (2) a detailed list of recommendations to modify, expand, or curtail the program in order to achieve desired objectives.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2012 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2012, to obligate up to $50,107,320 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase and extend through 2016 DOD authority to sell NDS materials.
Subtitle C: Chemical Demilitarization Matters - (Sec. 1421) Amends the Department of Defense Authorization Act, 1986 to remove a requirement that the program manager for the Assembled Chemical Weapons Alternative Program act independently of the Army program manager for Chemical Demilitarization. Requires the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs to brief the defense committees on opportunities to leverage lessons learned and experienced personnel of the Army Chemical Materials Agency to support the Assembled Chemical Weapons Alternative Program.
Subtitle D: Other Matters - (Sec. 1431) Authorizes appropriations for FY2012 for the Armed Forces Retirement Home.
(Sec. 1432) Earmarks specified funds for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
(Sec. 1433) Establishes in DOD the Mission Force Enhancement Transfer Fund to mitigate unfunded requirements for FY2012 for any of the following: (1) ballistic and cruise missile defense; (2) Navy shipbuilding; (3) strike fighter shortfall; (4) naval mine warfare; (5) intelligence, surveillance, and reconnaissance; (6) capabilities to defeat anti-access/area-denial technologies; and (7) basic research. Prohibits the use of Fund amounts for any such purposes until 15 days after the Secretary notifies the defense and appropriations committees of the details of such use(s).
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations - (Sec. 1502) Authorizes appropriations for DOD for FY2012 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1521) Treats amounts authorized by this title as in addition to amounts otherwise authorized by this Act.
(Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $3 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters - (Sec. 1531) Makes funds available for FY2012 for the Afghanistan Security Forces Fund subject to fund use, transfer, and related limitations prescribed under the NDAA for Fiscal Year 2008.
(Sec. 1532) Applies to funds authorized under this title provisions of the Hunter Act prohibiting the use of DOD funds for the acquisition, development, or improvement of facilities in Iraq for use by the Iraqi government, its political subdivisions, or its armed forces.
(Sec. 1533) Amends the Skelton Act to extend into 2012 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Requires Task Force activities to focus on improving the commercial viability of other reconstruction or development activities conducted by the United States in Afghanistan.
Title XVI: Additional Budget Items - Subtitle A: Procurement - (Sec. 1601) Requires the obligation of specified additional procurement funds authorized under this Act for: (1) modification of torpedoes and related equipment, (2) anti-submarine warfare electronic equipment, (3) shallow-water mine countermeasures, (4) the LHA-7 ship program, (5) mobility aircraft simulators, (6) modifications to aircraft, (7) SH-60 crew and passenger survivability upgrades, (8) lightweight airborne recovery systems, (9) Aegis ship support for combat system radar upgrades, (10) deployment and adoption of new information processing systems, (11) base defense system equipment, (12) modifications of weapons and other combat vehicles, (13) generators and associated equipment, and (14) National Guard and reserve equipment. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle B: Research, Development, Test, and Evaluation - (Sec. 1616) Requires the obligation of specified additional RDT&E funds authorized under this Act for: (1) continued design improvements for new SSNs (nuclear submarines); (2) advanced submarine system development; (3) surface anti-submarine warfare; (4) ship preliminary design and feasibility studies; (5) industrial preparedness; (6) mixed conventional load capability for bomber aircraft; (7) TACAIR-launched UAS capability development; (8) electro-photonic component capability development; (9) airborne reconnaissance systems; (10) small business innovative research technology transition into Army acquisition programs; (11) defense research sciences; (12) new techniques for combat wound repair; (13) communications advanced technology; (14) development of radio frequency signals intelligence processing equipment and associated applications; (15) development of visual sensors for persistent surveillance and dismounted soldier applications; (16) development of deployable force protection sensors; (17) development and fielding of a solution for helicopter "brownout" situational awareness; (18) night vision advanced technology development; (19) development of mission planning and support tools for rotary wing surfaces; (20) development of weapons and munitions technologies by small and non-traditional defense businesses; (21) development of manufacturing techniques and processes for munitions and weapons systems; (22) development of nanomaterials and nanomanufacturing processes for warfighter systems; (23) development and demonstration of novel lightweight composite packaging and structural materials; (24) advanced manufacturing, repair, and sustainment technologies for defense needs; (25) development of new lightweight body armor; (26) sustainment of the industrial base for body armor; (27) development, identification, and management of secure microelectronics; (28) development of interoperable national security information sharing systems; (29) research and educational programs that support cyber workforce development; (30) small business technology transfer into major DOD acquisition programs of record; (31) multidisciplinary research into nanotechnology science; (32) development of hypersonic testing facilities for defense applications; (33) development of informatics tools to support clinical care and research; (34) development of biomaterials for wound prevention and healing; (35) medical technology; (36) development of high-throughput, microarray diagnostic systems; (37) development of vaccines of interest to the military; (38) functional genomics research to further develop cancer treatment and detection methods; (39) development of telemedicine technologies; (40) studying health effects from manganese and other potential toxins; (41) development of medical training technologies; (42) chemical and biological defense program applied research; (43) special operations advanced technology development; (44) combating terrorism technology support; (45) development of modeling and simulation technologies for testing of blast structures; (46) the collaborative experimentation model; (47) weapons of mass destruction defeat technologies; (48) countermine systems; (49) development of remote-robotic naval mine countermeasure research and development capability; (50) special applications for contingencies; (51) microelectronics technology development and support; (52) warfighter sustainment applied research; (53) Marine Corps landing force technology; (54) advanced concepts and simulation; (55) human effectiveness applied research; (56) development of aircraft deoxygeneration systems; (57) end item industrial preparedness activities; (58) sensors and electronic survivability; (59) military engineering advanced technology; (60) aviation advanced technology; (61) establishment of protocols for Joint Strike Fighter lead-free electronic components; (62) improvements to portable helicopter oxygen delivery systems; (63) advanced rotorcraft flight research; (64) development of missile simulation technology; (65) base defense counter fire intercept systems; (66) combat vehicle improvement programs; (67) warfighter advanced technology; (68) development of autonomous cargo for rotorcraft unmanned aerial vehicles; (69) common data link waveform improvements; (70) research on corrosion reduction for rotor craft aviation platforms; (71) munitions standardization, effectiveness, and safety; (72) Aegis ballistic missile defense; (73) operationally responsive space capabilities; (74) space technology research; (75) Army net zero programs; (76) offshore range environmental baseline assessment; (77) DOD corrosion protection projects; (78) study of renewable and alternative energy applications in the Pacific region; (79) alternative energy for mobile power applications; (80) advanced battery technologies; (81) an operational energy pilot project; (82) the microgrid pilot program; (83) advanced surface machinery systems; (84) base camp fuel cells; (85) defense alternative energy; and (86) radiological contamination research. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle C: Operation and Maintenance - (Sec. 1699G) Requires the obligation of specified additional O&M funds authorized under this Act for: (1) the DOD corrosion prevention program, (2) Navy emergency management and preparedness, (3) Army simulation training systems, (4) Army industrial facility energy monitoring, (5) Army National Guard simulation training systems, (6) capital improvements at Army arsenals, and (7) cold weather protective equipment.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2012 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2014, or the date of enactment of an Act authorizing funds for military construction for FY2015, whichever is later, with an exception.
(Sec. 2003) Prohibits the Secretary or the Secretary concerned from entering into an award of a project authorized for various locations in titles XXI through XXVII, until such Secretary submits to the defense and appropriations committees a list of the proposed projects, as well as related information.
Title XXI [sic]: Army Military Construction - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural engineering services and construction design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects.
(Sec. 2107) Authorizes the Secretary of the Army to carry out a military construction project to construct a water treatment facility for Fort Irwin, California.
(Sec. 2111) Authorizes the Secretary of the Army to obligate a specified additional amount of Army military construction funds for various Army construction and land acquisition projects. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Title XXII: Navy Military Construction - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends certain prior-year Navy military construction projects.
(Sec. 2207) Authorizes the Secretary of the Navy to obligate a specified additional amount of Navy military construction funds for Navy maintenance and production and research and development facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Title XXIII: Air Force Military Construction - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Modifies or extends certain prior-year Air Force military construction projects.
(Sec. 2307) Prohibits the Secretary of the Air Force from disestablishing, closing, or realigning any element of the Air and Space Operations Center consolidation initiative until: (1) such Secretary submits notification thereof to the defense and appropriations committees; and (2) 15 legislative or 30 calendar days, whichever is longer, have passed since the notification.
(Sec. 2308) Authorizes the Secretary of the Air Force to obligate a specified additional amount of Air Force military construction funds for Air Force supporting, operational, community, and maintenance and production facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of DOD (other than the military departments).
(Sec. 2404) Authorizes the Secretary to obligate a specified additional amount of DOD military construction funds for defense access roads and special operations forces land acquisition. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2011 for military construction and land acquisition for chemical demilitarization.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2011 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Subtitle A: Project Authorizations and Authorization of Appropriations - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2011 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Additional Budget Items - (Sec. 2611) Authorizes the Secretary of the Army to obligate specified additional amounts for Army National Guard operational, maintenance and production, and training facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
(Sec. 2612) Authorizes the Secretary of the Air Force to obligate specified additional amounts for Air National Guard operational and maintenance and production facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
(Sec. 2613) Authorizes the Secretary of the Air Force to obligate specified additional amounts for Air Force Reserve training facilities. Requires merit-based or competitive selection procedures to be used in the obligation or expenditure of any such funds.
Subtitle C: Other Matters - (Sec. 2621) Extends certain prior-year military construction projects.
Title XXVII: Base Realignment and Closure Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2011 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2011 for such purpose.
(Sec. 2704) Amends the Defense Base Closure and Realignment Act of 1990 to allow the Secretary to extend the period for completion of up to seven of the closure or realignment recommendations made by the Defense Base Closure and Realignment Commission in 2005 until the later of September 15, 2012, or the date of enactment of an Act authorizing funds for military construction for FY2013. Requires the Secretary to report to the defense and appropriations committees on any closures or realignments so extended. Requires a conditional waiting period following such report before such a closure or realignment extension may take effect.
(Sec. 2705) Requires the Secretary concerned to include a cost-benefit analysis of all proposed base closures and realignments.
(Sec. 2706) Directs the Secretary concerned to include a transportation infrastructure assessment as part of any closure or realignment determined to possibly have a significant transportation impact.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Prohibits any contract entered into by the United States in connection with a military construction or military family housing project from using any form of cost-plus contracting. Makes such prohibition applicable notwithstanding a declaration of war or a national emergency.
(Sec. 2802) Increases from $2 million to $3 million the threshold for unspecified minor military construction projects not otherwise authorized by law. Extends through FY2016 a DOD laboratory revitalization program.
(Sec. 2803) Prohibits housing units in foreign countries leased for assignment to general or flag officers from exceeding the floor area and design criteria for similar military housing in the United States.
(Sec. 2804) Increases from $100,000 to $150,000 the performance and payment threshold requirements under contracts for military construction and family housing projects.
(Sec. 2805) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2012 DOD authority to use O&M funds for military construction projects within the command area of the U.S. Central Command and the Combined Task Force-Horn of Africa.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the Secretary to use Pentagon Reservation Maintenance Revolving Fund amounts to support construction or alteration activities at the Pentagon within the unspecified minor construction project limits.
(Sec. 2812) Removes the authority of the Secretary concerned to grant an easement, for any purpose that such Secretary considers advisable, for a right-of-way over land withdrawn or reserved for that military department.
(Sec. 2813) Authorizes the use of the DOD readiness and environmental protection initiative authority to protect clear zone areas from encroachment that is incompatible with the mission of the installation.
(Sec. 2814) Directs the Secretary, when using defense access roads funds, to determine the magnitude of improvements required as the result of an increased defense mission in an area without regard to the extent to which traffic generated by the installation is greater than other traffic in the area. Requires the Secretary to: (1) convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program; and (2) report Committee deliberation results to Congress, along with an implementation plan for the mitigation of significant transportation impacts in areas with an increased defense mission. Requires DOD amounts requested for the defense access roads program to be set forth each year as a separate budget request.
Subtitle C: Energy Security - (Sec. 2821) Consolidates under federal armed forces law definitions used under DOD energy security matters.
(Sec. 2822) Directs the Secretary to: (1) establish a policy under which a military installation shall give favorable consideration for energy security in the design and development of energy projects on a military installation that will use renewable energy sources, (2) notify Congress within 30 days after entering into any agreement for such a project that excludes the pursuit of energy security on cost-prohibitive grounds, and (3) provide a cost-benefit analysis of such a decision. Requires the development of a DOD geothermal energy project to include the consideration of energy security in its design and development. Requires energy security incorporation to be included in DOD energy project reports.
(Sec. 2823) Directs the Secretary, as part of the DOD 2025 renewable energy goal, to establish an interim goal for FY2018 for the production or procurement of facility energy from renewable energy sources. Requires the Secretary to notify the defense and appropriations committees of such new goal within 180 days after the enactment of this Act.
(Sec. 2824) Directs the Secretary to establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources. Requires the Secretary concerned, under such policy, to submit requests for the purchase of such certificates to a centralized purchasing authority maintained by such department or the Defense Logistics Agency. Requires renewable energy certificates to be listed within reporting requirements on DOD energy projects.
(Sec. 2825) Requires the Secretary to prescribe a definition of "energy-efficient product" for use in connection with the construction, repair, or renovation of DOD facilities, and to modify such definition as needed to account for emerging or changing technologies.
(Sec. 2826) Directs the Secretary to establish a training program for DOD energy managers designated for military installations, and to identify core curriculum and certification standards for such managers. Outlines training, curriculum, and certification requirements, and requires the Secretary to brief the defense committees on the curriculum and certification requirements.
(Sec. 2827) Requires the Secretary to submit the annual installation energy management report within 120 days after the end of each fiscal year.
(Sec. 2828) Authorizes the Secretary to require the continuous commissioning of DOD facilities (an ongoing process to resolve operating problems, improve comfort, optimize energy use, and identify appropriate retrofits).
(Sec. 2829) Directs the Secretary to require that information generated by installation energy meters be captured and tracked to determine baseline energy consumption.
(Sec. 2830) Directs the Secretary of the Navy to meter Navy piers so that energy consumption of naval vessels in port can be accurately measured and captured and steps can be taken to improve their energy use. Requires information on such energy consumption to be included in annual DOD energy management reports.
(Sec. 2831) Requires the Secretary to report to the defense and appropriations committees on DOD energy-efficiency standards utilized for military construction. Prohibits the use of FY2012 DOD funds for achieving any LEED (Leadership in Energy and Environmental Design) gold or platinum certification, with an authorized waiver by the Secretary. Allows LEED gold and platinum certification, without such a waiver, if its achievement imposes no additional costs to DOD.
Subtitle D: Provisions Related to Guam Realignment - (Sec. 2841) Authorizes the Secretary to assist the government of Guam in meeting the costs of providing increased municipal services and facilities as a result of the realignment of military installations and the relocation of military personnel on Guam (the Guam realignment), as long as the Secretary determines that Guam will incur an unfair and excessive financial burden in the absence of such assistance. Authorizes the Secretary to take appropriate actions to mitigate significant impacts of the Guam realignment. Provides funding. Requires the Secretary to submit six-month progress reports to the defense committees.
(Sec. 2842) Prohibits the Secretary of the Navy from awarding any additional Navy or Marine Corps construction project or associated task order on Guam in connection with the Guam realignment if the project includes the use of H-2B workers (as defined under the Immigration and Nationality Act) until such Secretary provides a lead system integrator for health care for such workers. Directs such Secretary to notify the defense and appropriations of the assignment and qualifications of such integrator.
(Sec. 2843) Prohibits a firing range on Guam from being established until the Secretary certifies to the above committees a national security need for such range related to the readiness of Armed Forces assigned to the U.S. Pacific Command.
(Sec. 2844) Amends the MCAA for Fiscal Year 2011 to repeal required Navy representation on the Guam Consolidated Commission on Utilities.
Subtitle E: Land Conveyances - (Sec. 2851) Authorizes the Secretary of the Army to convey to the Texas General Land Office specified real property at Fort Bliss, Texas, for facilitating commercial development.
Subtitle F: Other Matters - (Sec. 2861) Redesignates the Industrial College of the Armed Forces as the "Dwight D. Eisenhower School for National Security and Resource Strategy."
(Sec. 2862) Requires the Secretary or the Secretary concerned to notify the defense committees 90 days prior to effecting or implementing any military installation realignment involving a reduction of more than 1,000 in the number of military personnel assigned there. Provides exceptions: (1) for realignments pursuant to a base closure law, and (2) when the President certifies to Congress that the realignment must be implemented for reasons of national security or military emergency.
(Sec. 2863) Prohibits any real property under the jurisdiction of the Secretary or the Secretary concerned from being named after any individual who is a Member of Congress at time of the naming.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2012 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Directs the Administrator to: (1) develop and annually update a plan for sustaining the nuclear weapons stockpile, and (2) submit a plan summary biennially to the defense and appropriations committees. Outlines plan elements, including an assessment of the stockpile stewardship program, and measures for modernizing the nuclear security infrastructure. Requires related analysis and congressional reports by the Nuclear Weapons Council. Repeals certain inconsistent plan and reporting requirements under the Atomic Energy Defense Act.
(Sec. 3112) Limits the obligation of FY2012 NNSA funding for the United States-China Center of Excellence on Nuclear Security until the Secretary of Energy (Secretary, for purposes of this title) submits to the defense and foreign relations committees a review of China's existing capacity to develop and implement best practices training for nuclear security. Requires an additional report from the Secretary on the extent to which the training and relationship-building activities planned for such Center could contribute to improving China's historical patterns relating to the proliferation of weapons of mass destruction and missiles.
(Sec. 3113) Directs the Administrator and the Assistant Secretary of Energy for Environmental Management, with respect to employees of the NNSA and DOE's Office of Environmental Management, respectively, to determine the amount of funds needed for FY2012-FY2016 to fully fund defined-benefit pension plans of such employees and operating contractors, and to make any excess pension funds available for high-priority budgetary shortfalls, as identified by the Administrator or Assistant Secretary. Requires the Administrator or Assistant Secretary to promptly notify the defense and appropriations committees of any such determinations and transfers. Terminates such requirement at the end of FY2016.
Subtitle C: Reports - (Sec. 3121) Repeals an obsolete reporting requirement under the NDAA for Fiscal Year 2002. Amends the Atomic Energy Defense Act to prohibit funds appropriated for the Initiatives for Proliferation Prevention program from being used to pay any tax or customs duty levied by the government of the Russian Federation. Requires the Secretary, if such a payment is unavoidable, to ensure that sufficient additional funds are provided to the program to offset the payment amount.
(Sec. 3122) Expresses the sense of Congress that: (1) the spread of nuclear and radiological weapons poses a short- and long-term threat to U.S. national security, and (2) U.S. nonproliferation efforts should prioritize the programs that most directly address such threat. Requires an annual report from 2012 through 2016 from the Secretary to Congress on: (1) the strategic plans of DOE and the NNSA to prevent the proliferation of materials, technology, equipment, and expertise related to nuclear weapons; and (2) an assessment of the risk that non-nuclear weapons states may acquire nuclear enrichment or reprocessing technology, as well as a list reflecting the total amount of known highly-enriched uranium worldwide.
(Sec. 3123) Directs the Secretary to report to the defense, appropriations, and foreign relations committees assessing the role of the nuclear security complex in supporting a safe, secure, and reliable nuclear deterrent, nuclear weapons reductions, nuclear nonproliferation, and opportunities for efficiencies and cost savings. Requires the CG to submit to such committees an assessment of the Secretary's report.
(Sec. 3124) Directs the Administrator to: (1) conduct a net assessment of the high-performance computing capability of foreign countries, and (2) report assessment results to Congress.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2012 for the Defense Nuclear Facilities Safety Board.
Title XXXIV [sic]: Naval Petroleum Reserves - (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2012 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration - (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2012 for the Maritime Administration (MA) for specified activities, including: (1) operation and training, (2) maintaining a U.S.-flag merchant fleet, (3) the disposal of obsolete vessels in the National Defense Reserve Fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to use National Defense Reserve Fleet and Ready Reserve Force vessels for civil contingency operations and MA promotional and media events, when in the best interests of the government.
(Sec. 3503) Allows the Secretary to use Merchant Marine Academy funds for Academy recruiting activities.
(Sec. 3504) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 to require the Maritime Administrator, upon request, to provide briefings to specified congressional committees on progress made in recycling MA vessels and problems and issues relating to vessel recycling and disposal.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation or expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
(Sec. 4101) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement, including procurement for overseas contingency operations; (2) RDT&E, including RDT&E for overseas contingency operations; (3) O&M, including O&M for overseas contingency operations; (4) military personnel and military personnel for overseas contingency operations; (5) other authorizations, including for contingency operations; (6) Defense Working Capital Funds; (7) the National Defense Sealift Fund; (8) the Defense Health Program; (9) chemical agents and munitions destruction; (10) drug interdiction and counterdrug activities; (11) the Office of the Inspector General; (12) the Mission Force Enhancement Transfer Fund; (13) military construction; and (14) DOE national security programs.
National Defense Authorization Act for Fiscal Year 2012 - Authorizes appropriations to the Department of Defense (DOD) for FY2012 for: (1) procurement, including for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion; (2) the Joint Improvised Explosive Device Defeat Fund; (3) research, development, test, and evaluation; (4) operation and maintenance; (5) military personnel; (6) Working Capital Funds; (7) the National Defense Sealift Fund; (8) the Joint Urgent Operational Needs Fund; (9) chemical agents and munitions destruction; (10) drug interdiction and counter-drug activities; (11) the Defense Inspector General; (12) the Defense Health Program; (13) the Armed Forces Retirement Home; (14) overseas contingency operations; (15) chemical demilitarization; (16) the North Atlantic Treaty Organization (NATO) Security Investment Program; (17) National Guard and reserve forces facilities; and (18) military base closure and realignment activities.
Military Construction Authorization Act for Fiscal Year 2012 - Authorizes appropriations for FY2012 for military construction, military family housing, and energy conservation projects.
Sets forth provisions or requirements concerning: (1) military personnel policy; (2) education and training; (3) military pay and allowances; (4) acquisition policy and management; (5) DOD organization and management; (6) civilian personnel; and (7) matters relating to foreign nations.