SEC. 553. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN MILITARY PERSONNEL DECISIONS.
- (a) Prohibited Personnel Actions- Section 1034 of title 10, United States Code, is amended--
- (1) in subsection (f), by adding at the end the following new paragraph:
‘(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the member or former member’s record, the member or former member shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.’;
- (2) in subsection (g)--
- (A) by inserting ‘(1)’ before ‘Upon the completion of all’; and
(B) by adding at the end the following new paragraph:
‘(2) A submittal to the Secretary of Defense under paragraph (1) must be made within 90 days of the receipt of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the member or former member’s record, the member or former member shall be provided a concise written statement of the basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.’;
- (3) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
(4) by inserting after subsection (g) the following new subsection (h):
‘(h) Judicial Review- A decision of the Secretary of Defense under subsection (g) or, in a case in which review by the Secretary of Defense under subsection (g) was not sought or in a case arising out of the Coast Guard when the Coast Guard is not operating as a service in the Navy, a decision of the Secretary of a military department or the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.’.(b) Correction of Military Records- Section 1552 of such title is amended--
- (1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new subsections:
‘(g) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the claimant shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.(c) Judicial Review-
‘(h) If an application for correction of military records involves a historically significant military event (as defined by the Secretary concerned), or would, if the application is approved, substantially modify the results of any disciplinary action or promotion decision regarding a general or flag officer which includes in the remedy a promotion by and with the advice and consent of the Senate, the Secretary concerned shall ensure that an advisory opinion is included in the record of the decision that includes a detailed chronology of the events in question and, at a minimum, considers the following information:
‘(1) A thorough compilation of the information available in the historical record, including testimony, contemporary written statements, and all available records which formed the basis for the military records in question.
‘(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.’.
‘(2) The testimony or written views of contemporary decision makers, if available, regarding the matters raised in the application for relief regarding the military records in question.
‘(3) A summary of the available evidence for and against the position taken by the applicant.
- (1) IN GENERAL- Chapter 79 of such title is amended by adding at the end the following new section:
‘Sec. 1560. Judicial review of decisions
‘(a) After a final decision is issued pursuant to section 1552 of this title, or is issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(f) of this title or the Secretary of Defense pursuant to section 1034(g) of this title, any person aggrieved by the decision may obtain judicial review.
‘(b) In exercising its authority under this section, the reviewing court shall review the record and may hold unlawful and set aside any decision demonstrated by the petitioner in the record to be--
‘(1) arbitrary or capricious;
‘(c) Upon review under this section, the reviewing court shall affirm, modify, vacate, or reverse the decision, or remand the matter, as appropriate.
‘(2) not based on substantial evidence;
‘(3) a result of material error of fact or material administrative error, but only if the petitioner identified to the correction board how the failure to follow procedures substantially prejudiced the petitioner’s right to relief, and shows to the reviewing court by a preponderance of the evidence that the error was harmful; or
‘(4) otherwise contrary to law.
‘(d) No judicial review may be made under this section unless the petitioner shall first have requested a correction under section 1552 of this title, and the Secretary concerned shall have rendered a final decision denying that correction in whole or in part. In a case in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review by the Secretary of Defense before obtaining judicial review under this section. If the petitioner seeks review by the Secretary of Defense under section 1034(g) of this title, no judicial review may be made until the Secretary of Defense shall have rendered a final decision denying that request in whole or in part.
‘(e) In the case of a final decision described in subsection (a) made on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, a petition for judicial review under this section must be filed within three years of the date on which the final decision was actually received by the petitioner.
‘(f) Notwithstanding subsections (a), (b), and (c), a reviewing court does not have jurisdiction to entertain any matter or issue raised in a petition of review under this section that is not justiciable.
‘(g)(1) In the case of a cause of action arising after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, no court shall have jurisdiction to entertain any request for correction of records cognizable under section 1552 of this title, except as provided in this section.
‘(2) In the case of a cause of action arising after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, except as provided by chapter 153 of title 28 and this chapter, no court shall have jurisdiction over any civil action or claim seeking, in whole or in part, to challenge any decision for which administrative review is available under section 1552 of this title.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 79 of such title is amended by adding at the end the following new item:
(d) Effective Date- The amendments made by this section shall take effect one year after the date of the enactment of this Act. Such amendments shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department or the Secretary of Homeland Security under section 1034(f) or 1552 of title 10, United States Code, whether rendered before or after the date of the enactment of this Act. During the period between the date of the enactment of this Act and the date on which the amendments made by this section take effect, in any case in which the final decision of the Secretary of Defense under section 1034 of title 10, United States Code, or the Secretary concerned under section 1552 of title 10, United States Code, results in denial, in whole or in part, of any requested correction of a record of a member, former member, or claimant, the individual shall be informed in writing of the time for obtaining review of the decision pursuant to section 1560 of title 10, United States Code, as provided therein.
‘1560. Judicial review of decisions.’.
(e) Implementation- The Secretaries concerned may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. In the case of the Secretary of a military department, such regulations may not take effect until approved by the Secretary of Defense.
(f) Construction- This section does not affect the authority of any court to exercise jurisdiction over any case which was properly before it before the effective date specified in subsection (d).
(g) Secretary Concerned Defined- In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code.
SEC. 554. DEPARTMENT OF DEFENSE SUPPORT FOR PROGRAMS ON PRO BONO LEGAL REPRESENTATION FOR MEMBERS OF THE ARMED FORCES.
- (a) Support Authorized- The Secretary of Defense may provide
support to one or more public or private programs designed to facilitate
representation by attorneys who provide pro bono legal assistance of
members of the Armed Forces who are in need of such representation.
(b) Financial Support-
- (1) IN GENERAL- The support provided a program under subsection (a) may include financial support of the program.
(2) LIMITATION ON AMOUNT- The total amount of financial support provided under subsection (a) in any fiscal year may not exceed $500,000.
(3) DETERMINATION- The Secretary may not provide financial support under subsection (a) unless the Secretary determines that services available at no cost to the Department of Defense or individual members of the Armed Forces that facilitate representation by attorneys who provide pro bono legal assistance to members of the Armed Forces who are in need of such assistance are not available.
(4) FUNDING- Amounts for financial support under this section shall be derived from amounts authorized to be appropriated for the Department of Defense for operation and maintenance.
Subtitle F--Sexual Assault Prevention and Response
SEC. 561. DIRECTOR OF THE SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.
- Section 1611(a) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4431; 10 U.S.C.
1561 note) is amended by adding before the period at the end of the
first sentence the following: ‘, who shall be appointed from among
general or flag officers of the Armed Forces or employees of the
Department of Defense in a comparable Senior Executive Service
position’.
SEC. 562. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES.
- (a) Guidance Required- Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall issue guidance
to implement the appropriate recommendations of the Report of the
Defense Task Force on Sexual Assault in the Military Services (December
2009). Such guidance shall--
- (1) require the Secretary of each
military department to determine (which determination shall be based on
the unique mission, military population, and force structure of the
applicable Armed Force) the appropriate number of Sexual Assault
Response Coordinators and Sexual Assault Victim Advocates to be assigned
to deployed and non-deployed military units under the jurisdiction of
such Secretary;
(2) require that each installation or similar organizational level have at least one Sexual Assault Response Coordinator;
(3) establish, or require the Secretary of each military department to establish, credentialing programs for Sexual Assault Response Coordinators and for Sexual Assault Victim Advocates; and
(4) ensure that, after October 1, 2013, only members of the Armed Forces on active duty or full-time civilian employees of the Department of Defense who have obtained the appropriate credentials under a program under paragraph (3) may be assigned to duty as a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate.
SEC. 563. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE AND SERVICES OF SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES.
- (a) Legal Assistance for Victims of Sexual Assault- Not later
than 60 days after the date of the enactment of this Act, the
Secretaries of the military departments shall prescribe regulations on
the provision of legal assistance to victims of sexual assault. Such
regulations shall require that legal assistance be provided by military
or civilian legal assistance counsel pursuant to section 1044 of title
10, United States Code.
(b) Assistance and Reporting-
- (1)
IN GENERAL- Chapter 80 of title 10, United States Code, is amended by
inserting after section 1565a the following new section:
‘Sec. 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates
‘(a) Availability of Legal Assistance and Victim Advocate Services- (1) A member of the armed forces who is the victim of a sexual assault may be provided the following:
‘(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to section 1044 of this title.
‘(2) A member of the armed forces who is the victim of sexual assault shall be informed of the availability of assistance under paragraph (1) as soon as the member seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.
‘(B) Assistance provided by a Sexual Assault Response Coordinator.
‘(C) Assistance provided by a Sexual Assault Victim Advocate.
‘(3) Legal assistance and the services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates under paragraph (1) shall be available to a member regardless of whether the member elects unrestricted or restricted (confidential) reporting of the sexual assault.
‘(b) Restricted Reporting- (1) Under regulations prescribed by the Secretary of Defense, a member of the armed forces who is the victim of a sexual assault may elect to confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance under section 1044 of this title, or counseling, without initiating an official investigation of the allegations.
‘(2) The individuals specified in this paragraph are the following:
‘(A) A military legal assistance counsel.
‘(B) A Sexual Assault Response Coordinator.
‘(C) A Sexual Assault Victim Advocate.
‘(D) Healthcare personnel specifically identified in the regulations required by paragraph (1).
‘(E) A chaplain.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1565a the following new item:
‘1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.’.
SEC. 564. REQUIREMENT FOR PRIVILEGE IN CASES ARISING UNDER UNIFORM CODE OF MILITARY JUSTICE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT VICTIMS AND SEXUAL ASSAULT RESPONSE COORDINATORS, SEXUAL ASSAULT VICTIM ADVOCATES, AND CERTAIN OTHER PERSONS.
- Not later than 60 days after the date of the enactment of this
Act, the President shall establish in the Manual for Courts-Martial an
evidentiary privilege against disclosure of certain communications by
victims of sexual assault with Sexual Assault Response Coordinators,
Sexual Assault Victim Advocates, and such other persons as the President
shall specify for purposes of the privilege.
SEC. 565. EXPEDITED CONSIDERATION AND DECISION-MAKING ON REQUESTS FOR PERMANENT CHANGE OF STATION OR UNIT TRANSFER OF VICTIMS OF SEXUAL ASSAULT.
- (a) Expedited Consideration and Priority for Decisionmaking- The
Secretaries of the military departments shall provide guidance on
expedited consideration and decision-making, to the maximum extent
practicable, on requests for a permanent change of station or unit
transfer submitted by a member of the Armed Forces serving on active
duty who was a victim of a sexual assault.
(b) Regulations- The Secretaries of the military departments shall prescribe regulations to carry out this section.
SEC. 566. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.
- (a) Comprehensive Policy on Retention and Access to Records- Not
later than February 1, 2013, the Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, develop a
comprehensive policy for the Department of Defense on the retention of
and access to evidence and records relating to sexual assaults involving
members of the Armed Forces.
(b) Objectives- The comprehensive policy required by subsection (a) shall include policies and procedures (including systems of records) necessary to ensure preservation of records and evidence for periods of time that ensure that members of the Armed Forces and veterans of military service who were the victims of sexual assault during military service are able to substantiate claims for veterans benefits, to support criminal or civil prosecutions by military or civil authorities, and for such purposes relating to the documentation of the incidence of sexual assault in the Armed Forces as the Secretary of Defense considers appropriate.
(c) Elements- In developing the comprehensive policy required by subsection (a), the Secretary of Defense shall consider, at a minimum, the following matters:
- (1) Identification of records, including
non-Department of Defense records, relating to an incident of sexual
assault, that must be retained.
(2) Criteria for collection and retention of records.
(3) Identification of physical evidence and non-documentary forms of evidence relating to sexual assaults that must be retained.
(4) Length of time records and evidence must be retained, except that the length of time documentary evidence, physical evidence and forensic evidence must be retained shall be not less than five years.
(5) Locations where records must be stored.
(6) Media which may be used to preserve records and assure access, including an electronic systems of records.
(7) Protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’), section 552a of title 5, United States Code (commonly referred to as the ‘Privacy Act’), and laws related to privilege.
(8) Access to records by victims of sexual assault, the Department of Veterans Affairs, and others, including alleged assailants and law enforcement authorities.
(9) Responsibilities for record retention by the military departments.
(10) Education and training on record retention requirements.
(11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault.
Subtitle G--Defense Dependents’ Education
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
- (a) Assistance to Schools With Significant Numbers of Military
Dependent Students- Of the amount authorized to be appropriated for
fiscal year 2012 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $25,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Local Educational Agency Defined- In this section, the term ‘local educational agency’ has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
- Of the amount authorized to be appropriated for fiscal year 2012
pursuant to section 301 and available for operation and maintenance for
Defense-wide activities as specified in the funding table in section
4301, $5,000,000 shall be available for payments under section 363 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORITIES ON TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES.
- (a) Additional Authorities- Paragraph (2)(B) of section 574(d) of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(20 U.S.C. 7703b note) is amended--
- (1) by inserting ‘grant assistance’ after ‘To provide’; and
(2) by striking ‘including--‘ and all that follows and inserting ‘including programs on the following:
‘(i) Access to virtual and distance learning capabilities and related applications.
‘(ii) Training for teachers.
‘(iii) Academic strategies to increase academic achievement.
‘(iv) Curriculum development.
‘(v) Support for practices that minimize the impact of transition and deployment.
‘(vi) Other appropriate services to improve the academic achievement of such students.’.
Subtitle H--Military Family Readiness
SEC. 576. MODIFICATION OF MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.
- Subsection (b) of section 1781a of title 10, United States Code, is amended to read as follows:
‘(b) Members- (1) The Council shall consist of the following members:
‘(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary’s absence.
‘(2)(A) The term on the Council of the members appointed or designated under clauses (i) and (iii) of paragraph (1)(B) shall be two years and may be renewed by the Secretary of Defense. Representation on the Council under clause (ii) of that paragraph shall rotate between the Army National Guard and Air National Guard every two years on a calendar year basis.
‘(B) The following, who shall be appointed or designated by the Secretary of Defense:
‘(i) One representative of each of the Army, Navy, Marine Corps, and Air Force, each of whom may be a member of the armed force to be represented, the spouse of such a member, or the parent of such a member, and may represent either the regular component or a reserve component of that armed force.
‘(C) The Director of the Office of Community Support for Military Families with Special Needs.
‘(ii) One representative of the Army National Guard or Air National Guard, who may be a member of the National Guard, the spouse of such a member, or the parent of such a member.
‘(iii) One spouse of a member of each of the Army, Navy, Marine Corps, and Air Force, two of whom shall be the spouse of a regular component member and two of whom shall be the spouse of a reserve component member.
‘(iv) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.
‘(v) The senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.
‘(B) The term on the Council of the members appointed under clause (iv) of paragraph (1)(B) shall be three years.’.
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DEPARTMENT OF DEFENSE MILITARY SPOUSE EMPLOYMENT PROGRAMS.
- (a) In General- The Comptroller General of the United States
shall carry out a review of all current Department of Defense military
spouse employment programs.
(b) Elements- The review required by subsection (a) shall, address, at a minimum, the following:
- (1) The efficacy and effectiveness of Department of Defense military spouse employment programs.
(2) All current Department programs to support military spouses or dependents for the purposes of employment assistance.
(3) The types of military spouse employment programs that have been considered or used in the past by the Department.
(4) The ways in which military spouse employment programs have changed in recent years.
(5) The benefits or programs that are specifically available to provide employment assistance to spouses of members of the Armed Forces serving in Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn, or any other contingency operation being conducted by the Armed Forces as of the date of such review.
(6) Existing mechanisms available to military spouses to express their views on the effectiveness and future direction of Department programs and policies on employment assistance for military spouses.
(7) The oversight provided by the Office of Personnel and Management regarding preferences for military spouses in Federal employment.
- (1) The results of the review concerned.
(2) Such clear and concrete metrics as the Comptroller General considers appropriate for the current and future evaluation and assessment of the efficacy and effectiveness of Department of Defense military spouse employment programs.
(3) A description of the assumptions utilized in the review, and an assessment of the validity and completeness of such assumptions.
(4) Such recommendations as the Comptroller General considers appropriate for improving Department of Defense military spouse employment programs.
Subtitle I--Other Matters
SEC. 581. COLD WAR SERVICE MEDAL.
- (a) Medal Authorized- The Secretary of Defense may authorize the
issuance by the Secretaries concerned of a service medal, to be known as
the ‘Cold War Service Medal’, to persons eligible to receive the medal
under the regulations under subsection (b).
(b) Regulations-
- (1)
IN GENERAL- The issuance of a Cold War Service Medal under this section
shall be subject to regulations prescribed by Secretary of Defense.
(2) ELEMENTS- The regulations shall--
- (A) provide for an appropriate design for the Cold War Service Medal; and
(B) specify the persons eligible to receive the medal.
SEC. 582. ENHANCEMENT AND IMPROVEMENT OF YELLOW RIBBON REINTEGRATION PROGRAM.
- (a) Inclusion of Programs of Outreach in Program- Subsection (b)
of section 582 of the National Defense Authorization Act for Fiscal Year
2008 (10 U.S.C. 10101 note) is amended by inserting ‘(including
programs of outreach)’ after ‘informational events and activities’.
(b) Restatement of Functions of Center for Excellence in Reintegration and Inclusion in Functions of Identification of Best Practices in Programs of Outreach- Subsection (d)(2) of such section is amended by striking the second, third, and fourth sentences and inserting the following: ‘The Center shall have the following functions:
(c) State-led Programs of Outreach- Such section is further amended by adding at the end the following new subsection:
‘(A) To collect and analyze ‘lessons learned’ and suggestions from State National Guard and Reserve organizations with existing or developing reintegration programs.
‘(B) To assist in developing training aids and briefing materials and training representatives from State National Guard and Reserve organizations.
‘(C) To develop and implement a process for evaluating the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members of the Armed Forces and their families throughout the deployment cycle described in subsection (g).
‘(D) To develop and implement a process for identifying best practices in the delivery of information and services in programs of outreach as described in subsection (j).’.
‘(j) State-led Programs of Outreach- The Office for Reintegration Programs may work with the States, whether acting through or in coordination with their National Guard and Reserve organizations, to assist the States and such organizations in developing and carrying out programs of outreach for members of the Armed Forces and their families to inform and educate them on the assistance and services available to them under the Yellow Ribbon Reintegration Program, including the assistance and services described in subsection (h).’.(d) Scope of Activities Under Programs of Outreach- Such section is further amended by adding at the end the following new subsection:
‘(k) Scope of Activities Under Programs of Outreach- For purposes of this section, the activities and services provided under programs of outreach may include personalized and substantive care coordination services targeted specifically to individual members of the Armed Forces and their families.’.
SEC. 583. REPORT ON PROCESS FOR EXPEDITED DETERMINATION OF DISABILITY OF MEMBERS OF THE ARMED FORCES WITH CERTAIN DISABLING CONDITIONS.
- (a) In General- Not later than September 1, 2012, the Secretary
of Defense shall submit to Congress a report setting forth 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 members of the Armed Forces, including regular
members and members of the reserve components, who suffer from certain
disabling diseases or conditions. If the establishment of such a process
is considered feasible and advisable, the report shall set forth such
recommendations for legislative and administrative action as the
Secretary consider appropriate for the establishment of such process.
(b) Requirements for Study for Report-
- (1)
EVALUATION OF APPROPRIATE ELEMENTS OF SIMILAR FEDERAL PROGRAMS- In
conducting the study required for purposes of the preparation of the
report required by subsection (a), the Secretary of Defense shall
evaluate elements of programs for expedited determinations of disability
that are currently carried out by other departments and agencies of the
Federal Government, including the Quick Disability Determination
program and the Compassionate Allowances program of the Social Security
Administration.
(2) CONSULTATION- The Secretary of Defense shall conduct the study in consultation with the Secretary of Veterans Affairs.
SEC. 584. REPORT ON THE ACHIEVEMENT OF DIVERSITY GOALS FOR THE LEADERSHIP OF THE ARMED FORCES.
- (a) Report Required- Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the achievement of diversity goals for the
leadership of the Armed Forces.
(b) Elements- The report required by subsection (a) shall include the following:
- (1)
An assessment by each Secretary of a military department of progress
towards the achievement of diversity goals for the leadership within
each Armed Force under the jurisdiction of such Secretary, including the
reserve components of such Armed Force.
(2) A discussion of the findings and recommendations included in the final report of the Military Leadership Diversity Commission entitled ‘From Representation to Inclusion: Diversity Leadership for the 21st Century Military’, and in other relevant policies, studies, reports, evaluations, and assessments.
SEC. 585. SPECIFICATION OF PERIOD IN WHICH APPLICATION FOR VOTER REGISTRATION OR ABSENTEE BALLOT FROM AN OVERSEAS VOTER IS VALID.
- Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
- (1) by inserting ‘or overseas voter’ after ‘absent uniformed services voter’; and
(2) by striking ‘members of the uniformed services’ and inserting ‘uniformed services voters or overseas voters’.
SEC. 586. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO EMIL KAPAUN FOR ACTS OF VALOR DURING THE KOREAN WAR.
- (a) Authorization- Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the President is authorized and requested
to award the Medal of Honor posthumously under section 3741 of such
title to Emil Kapaun for the acts of valor during the Korean War
described in subsection (b).
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of then Captain Emil Kapaun as a member of the 8th Cavalry Regiment during the Battle of Unsan on November 1 and 2, 1950, and while a prisoner of war until his death on May 23, 1951, during the Korean War.
SEC. 587. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS FOR CAPTAIN FREDRICK L. SPAULDING FOR ACTS OF VALOR DURING THE VIETNAM WAR.
- (a) Authorization- Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the United States Armed Forces, the Secretary of the Army is
authorized to award the Distinguished Service Cross under section 3742
of such title to Captain Fredrick L. Spaulding for acts of valor during
the Vietnam War described in subsection (b).
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Fredrick L. Spaulding, on July 23, 1970, as a member of the United States Army serving in the grade of Captain in the Republic of Vietnam while assigned with Headquarters and Headquarters Company, 3d Brigade, 101st Airborne Division.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY AUTHORITIES.
- (a) Authorities Relating to Reserve Forces- The following
sections of title 37, United States Code, are amended by striking
‘December 31, 2011’ and inserting ‘December 31, 2012’:
- (1) Section 308b(g), relating to Selected Reserve reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
(7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
- (1) Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
- (1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
(5) Section 302h(a)(1), relating to accession bonus for dental officers.
(6) Section 302j(a), relating to accession bonus for pharmacy officers.
(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
(9) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions.
- (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession bonus.
(3) Section 312c(d), relating to nuclear career annual incentive bonus.
(4) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
- (1) Section 331(h), relating to general bonus authority for enlisted members.
(2) Section 332(g), relating to general bonus authority for officers.
(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(4) Section 351(h), relating to hazardous duty pay.
(5) Section 352(g), relating to assignment pay or special duty pay.
(6) Section 353(i), relating to skill incentive pay or proficiency bonus.
(7) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
- (1) Section 301b(a), relating to aviation officer retention bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new officers in critical skills.
(6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
(7) Section 327(h), relating to incentive bonus for transfer between the Armed Forces.
(8) Section 330(f), relating to accession bonus for officer candidates.
SEC. 612. MODIFICATION OF QUALIFYING PERIOD FOR PAYMENT OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY AND HAZARDOUS DUTY SPECIAL PAY.
- (a) Hostile Fire and Imminent Danger Pay- Section 310 of title 37, United States Code, is amended--
- (1) in subsection (a), by striking ‘for any month or portion of a month’ and inserting ‘for any day or portion of a day’;
(2) by striking subsection (b) and inserting the following new subsection (b):
‘(b) Special Pay Amount- The amount of special pay authorized by subsection (a) for a day or portion of a day may not exceed an amount equal to $225 divided by the number of days of the month in which such day falls.’;
- (3)
in subsection (c)(1), by inserting ‘for any day (or portion of a day)
of’ before ‘not more than three additional months’; and
(4) in subsection (d)(2), by striking ‘any month’ and inserting ‘any day’.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2011, and shall apply with respect to duty performed on or after that date.
‘(A) in the case of hazardous duty pay payable under paragraph (1) of subsection (a), the Secretary concerned shall prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month; and
‘(B) in the case of hazardous duty pay payable under paragraph (2) or (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.’.
Subtitle B--Consolidation and Reform of Travel and Transportation Authorities
SEC. 621. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION AUTHORITIES OF THE UNIFORMED SERVICES.
- (a) Purpose- This section establishes general travel and
transportation provisions for members of the uniformed services and
other travelers authorized to travel under official conditions.
Recognizing the complexities and the changing nature of travel, the
amendments made by this section provide the Secretary of Defense and the
other administering Secretaries with the authority to prescribe and
implement travel and transportation policy that is simple, clear,
efficient, and flexible, and that meets mission and servicemember needs,
while realizing cost savings that should come with a more efficient and
less cumbersome system for travel and transportation.
(b) Consolidated Authorities- Title 37, United States Code, is amended by inserting after chapter 7 the following new chapter:
‘CHAPTER 8--TRAVEL AND TRANSPORTATION ALLOWANCES
‘Sec.
‘subchapter i--travel and transportation authorities--new law
‘451. Definitions.
‘452. Allowable travel and transportation: general authorities.
‘453. Allowable travel and transportation: specific authorities.
‘454. Travel and transportation: pilot programs.
‘455. Appropriations for travel: may not be used for attendance at certain meetings.
‘subchapter ii--administrative provisions
‘461. Relationship to other travel and transportation authorities.
‘462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment.
‘463. Program of compliance; electronic processing of travel claims.
‘464. Regulations.
‘subchapter iii--travel and transportation authorities--old law
‘471. Travel authorities transition expiration date.
‘472. Definitions and other incorporated provisions of chapter 7.
‘474. Travel and transportation allowances: general.
‘474a. Travel and transportation allowances: temporary lodging expenses.
‘474b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.
‘475. Travel and transportation allowances: per diem while on duty outside the continental United States.
‘475a. Travel and transportation allowances: departure allowances.
‘476. Travel and transportation allowances: dependents; baggage and household effects.
‘476a. Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified.
‘476b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating.
‘476c. Travel and transportation allowances: members assigned to a vessel under construction.
‘477. Travel and transportation allowances: dislocation allowance.
‘478. Travel and transportation allowances: travel within limits of duty station.
‘478a. Travel and transportation allowances: inactive duty training outside of the normal commuting distances.
‘479. Travel and transportation allowances: house trailers and mobile homes.
‘480. Travel and transportation allowances: miscellaneous categories.
‘481. Travel and transportation allowances: administrative provisions.
‘481a. Travel and transportation allowances: travel performed in connection with convalescent leave.
‘481b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours.
‘481c. Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries.
‘481d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents.
‘481e. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty.
‘481f. Travel and transportation allowances: transportation for survivors of deceased member to attend the member’s burial ceremonies.
‘481h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury.
‘481i. Travel and transportation allowances: parking expenses.
‘481j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.
‘481k. Travel and transportation allowances: non-medical attendants for members determined to be very seriously or seriously wounded, ill, or injured.
‘481l. Travel and transportation allowances: attendance of members and others at Yellow Ribbon Reintegration Program events.
‘484. Travel and transportation: dependents of members in a missing status; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable.
‘488. Allowance for recruiting expenses.
‘489. Travel and transportation allowances: minor dependent schooling.
‘490. Travel and transportation: dependent children of members stationed overseas.
‘491. Benefits for certain members assigned to the Defense Intelligence Agency.
‘492. Travel and transportation: members escorting certain dependents.
‘494. Subsistence reimbursement relating to escorts of foreign arms control inspection teams.
‘495. Funeral honors duty: allowance.
‘SUBCHAPTER I--TRAVEL AND TRANSPORTATION AUTHORITIES--NEW LAW
‘Sec. 451. Definitions
‘(a) Definitions Relating to Persons- In this subchapter and subchapter II:
‘(1) The term ‘administering Secretary’ or ‘administering Secretaries’ means the following:
‘(b) Definitions Relating to Travel and Transportation Allowances- In this subchapter and subchapter II:
‘(A) The Secretary of Defense, with respect to the armed forces (including the Coast Guard when it is operating as a service in the Navy).
‘(2) The term ‘authorized traveler’ means a person who is authorized travel and transportation allowances when performing official travel ordered or authorized by the administering Secretary. Such term includes the following:
‘(B) The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
‘(C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
‘(D) The Secretary of Health and Human Services, with respect to the Public Health Service.
‘(A) A member of the uniformed services.
‘(3) The term ‘family member’, with respect to a member of the uniformed services, means the following:
‘(B) A family member of a member of the uniformed services.
‘(C) A person acting as an escort or attendant for a member or family member who is traveling on official travel or is traveling with the remains of a deceased member.
‘(D) A person who participates in a military funeral honors detail.
‘(E) A Senior Reserve Officers’ Training Corps cadet or midshipman.
‘(F) An applicant or rejected applicant for enlistment.
‘(G) Any person whose employment or service is considered directly related to a Government official activity or function under regulations prescribed under section 464 of this title.
‘(H) Any other person not covered by subparagraphs (A) through (G) who is determined by the administering Secretary pursuant to regulations prescribed under section 464 of this title as warranting the provision of travel benefits for purposes of a particular travel incident.
‘(A) A dependent.
‘(4) The term ‘dependent’, with respect to a member of the uniformed services, has the meaning given that term in section 401(a) of this title.
‘(B) A child, as defined in section 401(b)(1) of this title.
‘(C) A parent, as defined in section 401(b)(2) of this title.
‘(D) A sibling of the member.
‘(E) A former spouse of the member.
‘(F) Any person not covered by subparagraphs (A) through (E) who is in a category specified in regulations prescribed under section 464 of this title as having an association, connection, or affiliation with a member or the family of a member, including any person specifically designated by a member to receive travel benefits for a particular purpose.
‘(1) The term ‘official travel’ means the following:
‘(A) Military duty or official business performed by an authorized traveler away from a duty assignment location or other authorized location.
‘(2) The term ‘actual and necessary expenses’ means expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel.
‘(B) Travel performed by an authorized traveler ordered to relocate from a permanent duty station to another permanent duty station.
‘(C) Travel performed by an authorized traveler ordered to the first permanent duty station, or separated or retired from uniformed service.
‘(D) Local travel in or around the temporary duty or permanent duty station.
‘(E) Other travel as authorized or ordered by the administering Secretary.
‘(3) The term ‘travel allowances’ means the daily lodging, meals, and other related expenses, including relocation expenses, incurred by an authorized traveler while on official travel.
‘(4) The term ‘transportation allowances’ means the costs of temporarily or permanently moving an authorized traveler, the personal property of an authorized traveler, or a combination thereof.
‘(5) The term ‘transportation-, lodging-, or meals-in-kind’ means transportation, lodging, or meals provided by the Government without cost to an authorized traveler.
‘(6) The term ‘miscellaneous expenses’ means authorized expenses incurred in addition to authorized allowances during the performance of official travel by an authorized traveler.
‘(7) The term ‘personal property’, with respect to transportation allowances, includes baggage, furniture, and other household items, clothing, privately owned vehicles, house trailers, mobile homes, and any other personal items that would not otherwise be prohibited by any other provision of law or regulation prescribed under section 464 of this title.
‘(8) The term ‘relocation allowances’ means the costs associated with relocating a member of the uniformed services and the member’s dependents between an old and new temporary or permanent duty assignment location or other authorized location.
‘(9) The term ‘dislocation allowances’ means the costs associated with relocation of the household of a member of the uniformed services and the member’s dependents in relation to a change in the member’s permanent duty assignment location ordered for the convenience of the Government or incident to an evacuation.
‘Sec. 452. Allowable travel and transportation: general authorities
‘(a) In General- Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under section 464 of this title.
‘(b) Specific Circumstances- The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under section 464 of this title:
‘(1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location.
‘(c) Matters Included- Travel and transportation allowances which may be provided under subsection (a) include the following:
‘(2) Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location.
‘(3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours.
‘(4) Recruiting duties for the armed forces.
‘(5) Assignment or detail to another Government department or agency.
‘(6) Rest and recuperative leave.
‘(7) Convalescent leave.
‘(8) Reenlistment leave.
‘(9) Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence.
‘(10) Ready Reserve muster duty.
‘(11) Unusual, extraordinary, hardship, or emergency circumstances.
‘(12) Presence of family members at a military medical facility incident to the illness or injury of members.
‘(13) Presence of family members at the repatriation of members held captive.
‘(14) Presence of non-medical attendants for very seriously or seriously wounded, ill, or injured members.
‘(15) Attendance at Yellow Ribbon Reintegration Program events.
‘(16) Missing status, as determined by the Secretary concerned under chapter 10 of this title.
‘(17) Attendance at or participation in international sports competitions described under section 717 of title 10.
‘(1) Allowances for transportation, lodging, and meals.
‘(d) Mode of Providing Travel and Transportation Allowances- Any authorized travel and transportation may be provided--
‘(2) Dislocation or relocation allowances paid in connection with a change in a member’s temporary or permanent duty assignment location.
‘(3) Other related miscellaneous expenses.
‘(1) as an actual expense;
‘(e) Travel and Transportation Allowances When Travel Orders Are Modified, etc- An authorized traveler whose travel and transportation order or authorization is canceled, revoked, or modified may be allowed actual and necessary expenses or travel and transportation allowances in connection with travel performed pursuant to such order or authorization before such order or authorization is cancelled, revoked, or modified.
‘(2) as an authorized allowance;
‘(3) in-kind; or
‘(4) using a combination of the authorities under paragraphs (1), (2), and (3).
‘(f) Advance Payments- An authorized traveler may be allowed advance payments for authorized travel and transportation allowances.
‘(g) Responsibility for Unauthorized Expenses- Any unauthorized travel or transportation expense is not the responsibility of the United States.
‘(h) Relationship to Other Authorities- The administering Secretary may not provide payment under this section for an expense for which payment may be provided from any other appropriate Government or non-Government entity.
‘Sec. 453. Allowable travel and transportation: specific authorities
‘(a) In General- In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel and transportation allowances under this subchapter in accordance with this section.
‘(b) Authorized Absence From Temporary Duty Location- An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, incurred at a temporary duty location during an authorized absence from that location.
‘(c) Movement of Personal Property- (1) A member of a uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such expenses when associated with a self-move.
‘(2) The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately owned vehicles (but not to exceed one privately owned vehicle per member household) in connection with the temporary or permanent move between authorized locations.
‘(3) For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 464 of this title. The prescribed weight allowances may not exceed 18,000 pounds (including packing, crating, and household goods in temporary storage), except that the administering Secretary may, on a case-by-case basis, authorize additional weight allowances as necessary.
‘(4) The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store a privately owned vehicle.
‘(5) No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.
‘(d) Unusual or Emergency Circumstances- An authorized traveler may be provided travel and transportation allowances under this section for unusual, extraordinary, hardship, or emergency circumstances, including circumstances warranting evacuation from a permanent duty assignment location.
‘(e) Particular Separation Provisions- The administering Secretary may provide travel-in-kind and transportation-in-kind for the following persons in accordance with regulations prescribed under section 464 of this title:
‘(1) A member who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10.
‘(f) Attendance at Memorial Ceremonies and Services- A family member or member of the uniformed services who attends a deceased member’s repatriation, burial, or memorial ceremony or service may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 464 of this title.
‘(2) A member who is retired with pay under any other law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay.
‘(3) A member who is discharged under section 1173 of title 10.
‘Sec. 454. Travel and transportation: pilot programs
‘(a) Pilot Programs- Except as otherwise prohibited by law, the Secretary of Defense may conduct pilot programs to evaluate alternative travel and transportation programs, policies, and processes for Department of Defense authorized travelers. Any such pilot program shall be designed to enhance cost savings or other efficiencies that accrue to the Government and be conducted so as to evaluate one or more of the following:
‘(1) Alternative methods for performing and reimbursing travel.
‘(b) Limitations- (1) Not more than three pilot programs may be carried out under subsection (a) at any one time.
‘(2) Means for limiting the need for travel.
‘(3) Means for reducing the environmental impact of travel.
‘(2) The duration of a pilot program may not exceed four years.
‘(3) The authority to carry out a pilot program is subject to the availability of appropriated funds.
‘(c) Reports- (1) Not later than 30 days before the commencement of a pilot program under subsection (a), the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth a description of the pilot program, including the following:
‘(A) The purpose of the pilot program.
‘(2) Not later than 60 days after the completion of a pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth the following:
‘(B) The duration of the pilot program.
‘(C) The cost savings or other efficiencies anticipated to accrue to the Government under the pilot program.
‘(A) A description of results of the pilot program.
‘(d) Congressional Defense Committees Defined- In this section, the term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10.
‘(B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.
‘SUBCHAPTER II--ADMINISTRATIVE PROVISIONS
‘Sec. 461. Relationship to other travel and transportation authorities
‘An authorized traveler may not be paid travel and transportation allowances or receive travel-in-kind and transportation-in-kind, or a combination thereof, under both subchapter I and subchapter III for official travel performed under a single or related travel and transportation order or authorization by the administering Secretary.
‘Sec. 462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment
‘(a) Repayment Required- Except as provided in subsection (b), a member of the uniformed services or other person who is paid travel and transportation allowances under subchapter I shall repay to the United States any amount of such payment that is determined to be unauthorized or in excess of the applicable authorized amount.
‘(b) Exception- The regulations prescribed under section 464 of this title shall specify procedures for determining the circumstances under which an exception to repayment otherwise required by subsection (a) may be granted.
‘(c) Effect of Bankruptcy- An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date on which the debt was incurred.
‘Sec. 463. Programs of compliance; electronic processing of travel claims
‘(a) Programs of Compliance- The administering Secretaries shall provide for compliance with the requirements of this chapter through programs of compliance established and maintained for that purpose.
‘(b) Elements- The programs of compliance under subsection (a) shall--
‘(1) minimize the provision of benefits under this chapter based on inaccurate claims, unauthorized claims, overstated or inflated claims, and multiple claims for the same benefits through the electronic verification of travel claims on a near-time basis and such other means as the administering Secretaries may establish for purposes of the programs of compliance; and
‘(c) Electronic Processing of Travel Claims- (1) By not later than the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, any travel claim under this chapter shall be processed electronically.
‘(2) ensure that benefits provided under this chapter do not exceed reasonable or actual and necessary expenses of travel claimed or reasonable allowances based on commercial travel rates.
‘(2) The administering Secretary, or the Secretary’s designee, may waive the requirement in paragraph (1) with respect to a particular claim in the interests of the department concerned.
‘(3) The electronic processing of claims under this subsection shall be subject to the regulations prescribed by the Secretary of Defense under section 464 of this title which shall apply uniformly to all members of the uniformed services and, to the extent practicable, to all other authorized travelers.
‘Sec. 464. Regulations
‘This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.
‘SUBCHAPTER III--TRAVEL AND TRANSPORTATION AUTHORITIES--OLD LAW
‘Sec. 471. Travel authorities transition expiration date
‘In this subchapter, the term ‘travel authorities transition expiration date’ means the last day of the 10-year period beginning on the first day of the first month beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.
‘Sec. 472. Definitions and other incorporated provisions of chapter 7
‘(a) Definitions- The provisions of section 401 of this title apply to this subchapter.
‘(b) Other Provisions- The provisions of sections 421 and 423 of this title apply to this subchapter.’.
(c) Repeal of Obsolete Authority- Section 411g of title 37, United States Code, is repealed.
(d) Transfer of Sections-
(1) TRANSFER TO SUBCHAPTER I- Section 412 of title 37, United States Code, is transferred to chapter 8 of such title, as added by subsection (b), inserted after section 454, and redesignated as section 455.
(2) TRANSFER OF CURRENT CHAPTER 7 AUTHORITIES TO SUBCHAPTER III- Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h through 411l, 428 through 432, 434, and 435 of such title are transferred (in that order) to chapter 8 of such title, as added by subsection (b), inserted after section 472, and redesignated as follows:
-------------------------------
-------------------------------
Section: Redesignated Section:
404 474
404a 474a
404b 474b
405 475
405a 475a
406 476
406a 476a
406b 476b
406c 476c
407 477
408 478
408a 478a
409 479
410 480
411 481
411a 481a
411b 481b
411c 481c
411d 481d
411e 481e
411f 481f
411h 481h
411i 481i
411j 481j
411k 481k
411l 481l
428 488
429 489
430 490
432 492
434 494
435 495
-------------------------------
- (3) TRANSFER OF SECTION 554- Section 554 of such title is
transferred to chapter 8 of such title, as added by subsection (b),
inserted after section 481l (as transferred and redesignated by
paragraph (2)), and redesignated as section 484.
- (1) Section 474 is amended by adding at the end the following new subsection:
‘(k) No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (2) Section 474a is amended by adding at the end the following new subsection:
‘(f) Termination- No payment or reimbursement may be provided under this section with respect to a change of permanent station for which orders are issued after the travel authorities transition expiration date.’.
- (3) Section 474b is amended by adding at the end the following new subsection:
‘(e) Termination- No payment or reimbursement may be provided under this section with respect to an authorized absence that begins after the travel authorities transition expiration date.’.
- (4) Section 475 is amended by adding at the end the following new subsection:
‘(f) Termination- During and after the travel authorities expiration date, no per diem may be paid under this section for any period.’.
- (5) Section 475a is amended by adding at the end the following new subsection:
‘(c) During and after the travel authorities expiration date, no allowance under subsection (a) or transportation or reimbursement under subsection (b) may be provided with respect to an authority or order to depart.’.
- (6) Section 476 is amended by adding at the end the following new subsection:
‘(n) No transportation, reimbursement, allowance, or per diem may be provided under this section--
‘(1) with respect to a change of temporary or permanent station for which orders are issued after the travel authorities transition expiration date; or
‘(b) Termination- No transportation or travel or transportation allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
‘(2) in a case covered by this section when such orders are not issued, with respect to a movement of baggage or household effects that begins after such date.’.
(7) Section 476a is amended--
(A) by inserting ‘(a) Authority- ’ before ‘Under uniform regulations’; and
(B) by adding at the end the following new subsection:
- (8) Section 476b is amended by adding at the end the following new subsection:
‘(e) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (9) Section 476c is amended by adding at the end the following new subsection:
‘(e) Termination- No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (10) Section 477 is amended by adding at the end the following new subsection:
‘(i) Termination- No dislocation allowance may be paid under this section for a move that begins after the travel authorities transition expiration date.’.
- (11) Section 478 is amended by adding at the end the following new subsection:
‘(c) No travel or transportation allowance, payment, or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (12)
Section 478a(e) is amended by striking ‘December 31, 2011’ and inserting
‘the travel authorities transition expiration date’.
(13) Section 479 is amended by adding at the end the following new subsection:
‘(e) No transportation of a house trailer or mobile home, or storage or payment in connection therewith, may be provided under this section for transportation that begins after the travel authorities transition expiration date.’.
- (14) Section 480 is amended by adding at the end the following new subsection:
‘(c) No travel or transportation allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (15) Section 481 is amended by adding at the end the following new subsection:
‘(e) The regulations prescribed under this section shall cease to be in effect as of the travel authorities transition expiration date.’.
- (16) Section 481a is amended by adding at the end the following new subsection:
‘(c) No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.’.
- (17) Section 481b is amended by adding at the end the following new subsection:
‘(d) Termination- No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.’.
- (18) Section 481c is amended by adding at the end the following new subsection:
‘(c) No transportation may be provided under this section after the travel authorities transition expiration date, and no payment may be made under this section for transportation that begins after that date.’.
- (19) Section 481d is amended by adding at the end the following new subsection:
‘(d) No transportation may be provided under this section after the travel authorities transition expiration date.’.
- (20) Section 481e is amended by adding at the end the following new subsection:
‘(c) No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (21) Section 481f is amended by adding at the end the following new subsection:
‘(h) Termination- No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (22) Section 481h is amended by adding at the end the following new subsection:
‘(e) Termination- No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (23) Section 481i is amended by adding at the end the following new subsection:
‘(c) Termination- No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.’.
- (24) Section 481j is amended by adding at the end the following new subsection:
‘(e) Termination- No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (25) Section 481k is amended by adding at the end the following new subsection:
‘(e) Termination- No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (26) Section 481l is amended by adding at the end the following new subsection:
‘(e) Termination- No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (27) Section 484 is amended by adding at the end the following new subsection:
‘(k) No transportation, allowance, or reimbursement may be provided under this section for a move that begins after the travel authorities transition expiration date.’.
- (28) Section 488 is amended--
- (A) by inserting ‘(a) Authority- ’ before ‘In addition’; and
(B) by adding at the end the following new subsection:
‘(b) Termination- No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.’.
- (29) Section 489 is amended--
- (A) by inserting ‘(a) Authority- ’ before ‘In addition’; and
(B) by adding at the end the following new subsection:
‘(b) Termination- No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (30) Section 490 is amended by adding at the end the following new subsection:
‘(g) Termination- No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (31) Section 492 is amended by adding at the end the following new subsection:
‘(c) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.’.
- (32) Section 494 is amended by adding at the end the following new subsection:
‘(d) Termination- No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.’.
- (33) Section 495 is amended by adding at the end the following new subsection:
‘(c) Termination- No allowance may be paid under this section for any day after the travel authorities transition expiration date.’.(f) Technical and Clerical Amendments-
- (1)
CHAPTER HEADING- The heading of chapter 7 of such title is amended to
read as follows: ‘CHAPTER 7--ALLOWANCES OTHER THAN TRAVEL AND
TRANSPORTATION ALLOWANCES’.
(2) TABLE OF CHAPTERS- The table of chapter preceding chapter 1 of such title is amended by striking the item relating to chapter 7 and inserting the following:
451’.
- (3) TABLES OF SECTIONS-
- (A)
The table of sections at the beginning of chapter 7 of such title is
amended by striking the items relating to sections 404 through 412, 428
through 432, 434, and 435.
(B) The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 554.
- (A)
Any section of title 10 or 37, United States Code, that includes a
reference to a section of title 37 that is transferred and redesignated
by subsection (c) is amended so as to conform the reference to the
section number of the section as so redesignated.
(B) Any reference in a provision of law other than a section of title 10 or 37, United States Code, to a section of title 37 that is transferred and redesignated by subsection (c) is deemed to refer to the section as so redesignated.
SEC. 622. TRANSITION PROVISIONS.
- (a) Implementation Plan- The Secretary of Defense shall develop a
plan to implement subchapters I and II of chapter 8 of title 37, United
States Code (as added by section 621(b) of this Act), and to transition
all of the travel and transportation programs for members of the
uniformed services under chapter 7 of title 37, United States Code,
solely to provisions of those subchapters by the end of the transition
period.
(b) Authority for Modifications to Old-Law Authorities During Transition Period- During the transition period, the Secretary of Defense and the Secretaries concerned, in using the authorities under subchapter III of chapter 8 of title 37, United States Code (as so added), may apply those authorities subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan required under subsection (a) or in any subsequent modification to that implementation plan.
(c) Coordination- The Secretary of Defense shall prepare the implementation plan under subsection (a) and any modification to that plan under subsection (b) in coordination with--
- (1) the Secretary of Homeland Security, with respect to the Coast Guard;
(2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and
(3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
(e) Transition Period- In this section, the term ‘transition period’ means the 10-year period beginning on the first day of the first month beginning after the date of the enactment of this Act.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
SEC. 631. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEMBERS OF THE ARMED FORCES MARRIED TO OTHER MEMBERS.
- Section 1967(a)(1) of title 38, United States Code, is amended--
- (1)
in subparagraph (A)(ii), by inserting after ‘insurable dependent of the
member’ the following: ‘(other than a dependent who is also a member of
a uniformed service and, because of such membership, automatically
insured under this paragraph)’; and
(2) in subparagraph (C)(ii), by inserting after ‘insurable dependent of the member’ the following: ‘(other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph)’.
SEC. 632. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING REPORT ON PROVISION OF SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES WITH INJURY OR ILLNESS REQUIRING ASSISTANCE IN EVERYDAY LIVING.
- (a) Limitation on Funds for Travel of USD(PR)- Of the amount
authorized to be appropriated for fiscal year 2012 for the Department of
Defense for operation and maintenance for defense-wide activities as
specified in the funding table in section 4301 and available for
purposes of travel of the Office of the Under Secretary of Defense for
Personnel and Readiness, not more than 50 percent of such amount may be
obligated or expended for such purposes until the Under Secretary of
Defense for Personnel and Readiness submits to the congressional defense
committees a report on the implementation by the Department of Defense
of the authorities in section 439 of title 37, United States Code, for
payment of special compensation for members of the uniformed services
with catastrophic injuries or illnesses requiring assistance in everyday
living.
(b) Elements- The report described in subsection (a) shall include a detailed description of the implementation by the Department of the authorities in section 439 of title 37, United States Code, including the following:
- (1) A description of the
criteria established pursuant to such section for the payment of special
compensation under that section.
(2) An assessment of the training needs of caregivers of members paid special compensation under that section, including--
- (A) a description of the types of training currently provided;
(B) a description of additional types of training that could be provided; and
(C) an assessment whether current Department programs are adequate to meet such training needs.
SEC. 633. REPEAL OF SENSE OF CONGRESS ON AGE AND SERVICE REQUIREMENTS FOR RETIRED PAY FOR NON-REGULAR SERVICE.
- Section 635 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4241) is repealed.
SEC. 634. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES WHO DIE DURING AN AUTHORIZED STAY AT THEIR RESIDENCE DURING OR BETWEEN SUCCESSIVE DAYS OF INACTIVE DUTY TRAINING.
- (a) Death Gratuity-
- (1) PAYMENT AUTHORIZED- Section
1475(a)(3) of title 10, United States Code, is amended by inserting
before the semicolon the following: ‘or while staying at the Reserve’s
residence, when so authorized by proper authority, during the period of
such inactive duty training or between successive days of inactive duty
training’.
(2) TREATMENT AS DEATH DURING INACTIVE DUTY TRAINING- Section 1478(a) of such title is amended--
- (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following new paragraph (4):
‘(4) A person covered by subsection (a)(3) of section 1475 of this title who died while on authorized stay at the person’s residence during a period of inactive duty training or between successive days of inactive duty training is considered to have been on inactive duty training on the date of his death.’.
- (1) by redesignating subparagraph (E) and (F) as subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new subparagraph (E):
‘(E) staying at the member’s residence, when so authorized by proper authority, during a period of inactive duty training or between successive days of inactive duty training;’.
SEC. 635. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION.
- (a) Repeal-
- (1) IN GENERAL- Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:
- (A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
- (i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
- (A) In section 1450--
- (i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(C) In section 1452--
- (i)
in subsection (f)(2), by striking ‘does not apply--’ and all that
follows and inserting ‘does not apply in the case of a deduction made
through administrative error.’; and
(ii) by striking subsection (g).
(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients- A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent Children- Section 1448(d) of such title is amended--
- (1)
in paragraph (1), by striking ‘Except as provided in paragraph (2)(B),
the Secretary concerned’ and inserting ‘The Secretary concerned’; and
(2) in paragraph (2)--
- (A)
by striking ‘DEPENDENT CHILDREN- ’ and all that follows through ‘In the
case of a member described in paragraph (1),’ and inserting ‘DEPENDENT
CHILDREN ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE- In the case of a
member described in paragraph (1),’; and
(B) by striking subparagraph (B).
(f) Effective Date- The sections and the amendments made by this section shall take effect on the later of--
- (1) the first day of the first month that begins after the date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.
Subtitle D--Pay and Allowances
SEC. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR NATIONAL GUARD MEMBERS WHO TRANSITION BETWEEN ACTIVE DUTY AND FULL-TIME NATIONAL GUARD DUTY WITHOUT A BREAK IN ACTIVE SERVICE.
- Section 403(g) of title 37, United States Code, is amended by adding at the end the following new paragraph:
‘(6) The rate of basic allowance for housing to be paid a member of the Army National Guard of the United States or the Air National Guard of the United States shall not be reduced upon the transition of the member from active duty under title 10, United States Code, to full-time National Guard duty under title 32, United States Code, or from full-time National Guard duty under title 32, United States Code, to active duty under title 10, United States Code, when the transition occurs without a break in active service of at least one calendar day’.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. ANNUAL COST-OF-LIVING ADJUSTMENT IN ENROLLMENT FEES IN TRICARE PRIME.
- (a) In General- Section 1097a of title 10, United States Code, is amended--
- (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
‘(c) Cost-of-living Adjustment in Enrollment Fee- (1) Whenever after September 30, 2012, the Secretary of Defense increases the retired pay of members and former members of the armed forces pursuant to section 1401a of this title, the Secretary shall increase the amount of the fee payable for enrollment in TRICARE Prime by an amount equal to the percentage of such fee payable on the day before the date of the increase of such fee that is equal to the percentage increase in such retired pay. In determining the amount of the increase in such retired pay for purposes of this subsection, the Secretary shall use the amount computed pursuant to section 1401a(b)(2) of this title. The increase in such fee shall be effective as of January 1 following the date of the increase in such retired pay.(b) Conforming and Clerical Amendments-
‘(2) The Secretary shall publish in the Federal Register the amount of the fee payable for enrollment in TRICARE Prime whenever increased pursuant to this subsection.’.
- (1) HEADING AMENDMENT- The heading of such section is amended to read as follows:
‘Sec. 1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment options’.
- (2) CLERICAL AMENDMENT- The table of sections at
the beginning of chapter 55 of such title is amended by striking the
item relating to section 1097a and inserting the following new item:
‘1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment options.’.
SEC. 702. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS UNDER THE TRICARE PROGRAM.
- Section 1097b(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
‘(3) In establishing rates and procedures for reimbursement of providers and other administrative requirements, including those contained in provider network agreements, the Secretary shall to the extent practicable maintain adequate networks of providers, including institutional, professional, and pharmacy. Network providers under such provider network agreements are not considered subcontractors for purposes of the Federal Acquisition Regulation or any other law.’.
SEC. 703. TRANSITION ENROLLMENT OF UNIFORMED SERVICES FAMILY HEALTH PLAN MEDICARE-ELIGIBLE RETIREES TO TRICARE FOR LIFE.
- Section 724(e) of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 1073 note) is amended--
- (1)
by striking ‘If a covered beneficiary’ and inserting ‘(1) Except as
provided in paragraph (2), if a covered beneficiary’; and
(2) by adding at the end the following new paragraph:
‘(2) After September 30, 2011, a covered beneficiary (other than a beneficiary under section 1079 of title 10, United States Code) who is also entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act due to age may not enroll in the managed care program of a designated provider unless the beneficiary was enrolled in that program on September 30, 2011.’.
SEC. 704. MODIFICATION OF AUTHORITIES ON SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND TRICARE EXTRA.
- (a) Scope of Certain Surveys- Subsection (a)(3)(A) of section 711
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 190; 10 U.S.C. 1073 note) by striking ‘2011’ and
inserting ‘2015’.
(b) Frequency of Submittal of GAO Reviews- Subsection (b)(2) of such section is amended by striking ‘bi-annual basis’ and inserting ‘biennial basis’.
SEC. 705. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS UNDER THE TRICARE PROGRAM FOR CARE PROVIDED OUTSIDE THE UNITED STATES.
- Section 1106(b) of title 10, United States Code, is amended by
striking ‘not later than’ and all that follows and inserting the
following: ‘as follows:
‘(1) In the case of services provided outside the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, by not later than three years after the services are provided.
‘(2) In the case of any other services, by not later than one year after the services are provided.’.
Subtitle B--Other Health Care Benefits
SEC. 711. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES.
- Section 1040(a) of title 10, United States Code, is amended--
- (1) by inserting ‘(1)’ after ‘(a)’; and
(2) by adding at the end the following new paragraph:
‘(2)(A) For purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.
‘(B) In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.
‘(C) The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.
‘(D) The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.
‘(E) The authority under this paragraph shall expire on September 30, 2016.’.
SEC. 712. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS WITH EXTENSION OF ACTIVE DUTY FOLLOWING ACTIVE DUTY IN SUPPORT OF A CONTINGENCY OPERATION.
- Section 1145(a)(4) of title 10, United States Code, is amended by
adding at the end the following new sentence: ‘For purposes of the
preceding sentence, in the case of a member on active duty as described
in subparagraph (B), (C), or (D) of paragraph (2) who, without a break
in service, is extended on active duty for any reason, the 180-day
period shall begin on the date on which the member is separated from
such extended active duty.’.
SEC. 713. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL HEALTH EVALUATIONS FOR MEMBERS OF THE ARMED FORCES.
- (a) Codification and Improvement of Procedures-
- (1) IN
GENERAL- Chapter 55 of title 10, United States Code, is amended by
inserting after section 1090 the following new section:
‘Sec. 1090a. Commanding officer and supervisor referrals of members for mental health evaluations
‘(a) Regulations- The Secretary of Defense shall prescribe and maintain regulations relating to commanding officer and supervisor referrals of members of the armed forces for mental health evaluations. The regulations shall incorporate the requirements set forth in subsections (b), (c), and (d) and such other matters as the Secretary considers appropriate.
‘(b) Reduction of Perceived Stigma- The regulations required by subsection (a) shall, to the greatest extent possible--
‘(1) seek to eliminate perceived stigma associated with seeking and receiving mental health services, promoting the use of mental health services on a basis comparable to the use of other medical and health services; and
‘(c) Procedures for Inpatient Evaluations- The regulations required by subsection (a) shall provide that, when a commander or supervise determines that it is necessary to refer a member of the armed forces for a mental health evaluation--
‘(2) clarify the appropriate action to be taken by commanders or supervisory personnel who, in good faith, believe that a subordinate may require a mental health evaluation.
‘(1) the mental health evaluation shall only be conducted on an inpatient basis if and when such an evaluation cannot appropriately or reasonably be conducted on an outpatient basis, in accordance with the least restrictive alternative principle; and
‘(d) Prohibition on Use of Referrals for Mental Health Evaluations To Retaliate Against Whistleblowers- (1) The regulations required by subsection (a) shall provide that no person may refer a member of the armed forces for a mental health evaluation as a reprisal for making or preparing a lawful communication of the type described in section 1034(c)(2) of this title, and applicable regulations. For purposes of this subsection, such communication also shall include a communication to any appropriate authority in the chain of command of the member.
‘(2) only a psychiatrist, or, in cases in which a psychiatrist is not available, another mental health professional or a physician, may admit the member pursuant to the referral for a mental health evaluation to be conducted on an inpatient basis.
‘(2) Such regulations shall provide that a referral for a mental health evaluation by a commander or supervisor, when taken as a reprisal for a communication referred to in paragraph (1), may be the basis for a proceeding under section 892 of this title (article 92 of the Uniform Code of Military Justice). Persons not subject to chapter 47 of this title (the Uniform Code of Military Justice) who fail to comply with the provisions of this section are subject to adverse administrative action.
‘(3)(A) No person may restrict a member of the armed forces in communicating with an Inspector General, attorney, member of Congress, or others about the referral of a member of the armed forces for a mental health evaluation.
‘(B) Subparagraph (A) does not apply to a communication that is unlawful.
‘(e) Definitions- In this section:
‘(1) The term ‘Inspector General’ means the following:
(b) Conforming Repeal- Section 546 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2416; 10 U.S.C. 1074 note) is repealed.
‘(A) An Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C. App.).
‘(2) The term ‘mental health professional’ means a psychiatrist or clinical psychologist, a person with a doctorate in clinical social work, or a psychiatric clinical nurse specialist.
‘(B) An officer of the armed forces assigned or detailed under regulations of the Secretary concerned to serve as an Inspector General at any command level in one of the armed forces.
‘(3) The term ‘mental health evaluation’ means a psychiatric examination or evaluation, a psychological examination or evaluation, an examination for psychiatric or psychological fitness for duty, or any other means of assessing the state of mental health of a member of the armed forces.
‘(4) The term ‘least restrictive alternative principle’ means a principle under which a member of the armed forces committed for hospitalization and treatment shall be placed in the most appropriate and therapeutic available setting--
‘(A) that is no more restrictive than is conducive to the most effective form of treatment; and
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1090 the following new item:
‘(B) in which treatment is available and the risks of physical injury or property damage posed by such placement are warranted by the proposed plan of treatment.’.
‘1090a. Commanding officer and supervisor referrals of members for mental health evaluations.’.
Subtitle C--Health Care Administration
SEC. 721. EXPANSION OF STATE LICENSURE EXCEPTIONS FOR CERTAIN MENTAL HEALTH-CARE PROFESSIONALS.
- Section 1094(d) of title 10, United States Code, is amended--
- (1) in paragraph (1)--
- (A) by inserting ‘(A)’ after ‘(1)’; and
(B) by adding at the end the following new subparagraph:
‘(B) Notwithstanding any law regarding the licensure of health care providers, a health-care professional described in paragraph (4) may perform the duties relating to mental health care specified in the regulations under subparagraph (B) of that paragraph at any location in any State, the District of Columbia, or a Commonwealth, territory or possession of the United States, regardless of where such health-care professional or the patient are located, so long as the practice is within the scope of the authorized Federal duties specified in that subparagraph.’;
- (2) in paragraphs (2) and (3), by striking ‘paragraph (1)’ and inserting ‘paragraph (1)(A)’; and
(3) by adding at the end the following new paragraph:
‘(4) A health-care professional referred to in paragraph (1)(B) is a member of the armed forces, civilian employee of the Department of Defense, personal services contractor under section 1091 of this title, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary for purposes of that paragraph who--
‘(A) has a current license to practice medicine, osteopathic medicine, or another health profession; and
‘(B) is performing such authorized duties relating to mental health care for the Department of Defense as the Secretary shall prescribe in regulations for purposes of this paragraph.’.
SEC. 722. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.
- (a) In General- Section 1102(j) of title 10, United States Code, is amended--
- (1) in paragraph (1), by striking ‘any activity carried out’ and inserting ‘any peer review activity carried out’; and
(2) by adding at the end the following new paragraph:
‘(4) The term ‘peer review’ means an assessment of professional performance by professionally-equivalent health care providers.’.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE APPROVAL FOR CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS EXPERIENCING CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY PURCHASED.
- Section 2433a(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
‘(3)(A) The requirements of subparagraphs (B) and (C) of paragraph (1) shall not apply to a program or subprogram if--
‘(i) the Milestone Decision Authority determines in writing, on the basis of a cost assessment and root cause analysis conducted pursuant to subsection (a), that--
‘(B) The cost growth thresholds specified in this subparagraph are as follows:
‘(I) but for a change in the quantity of items to be purchased under the program or subprogram, the program acquisition unit cost or procurement unit cost for the program or subprogram would not have increased by a percentage equal to or greater than the cost growth thresholds for the program or subprogram set forth in subparagraph (B); and
‘(ii) the Secretary determines in writing that the cost to the Department of Defense of complying with such requirements is likely to exceed the benefits to the Department of complying with such requirements; and
‘(II) the change in quantity of items described in subclause (I) was not made as a result of an increase in program cost, a delay in the program, or a problem meeting program requirements;
‘(iii) the Secretary submits to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 2433(g) of this title is required to be submitted under section 2432(f) of this title--
‘(I) a copy of the written determination under clause (i) and an explanation of the basis for the determination; and
‘(II) a copy of the written determination under clause (ii) and an explanation of the basis for the determination.
‘(i) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of--
‘(I) 5 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; and
‘(ii) In the case of a major defense acquisition program or designated major defense subprogram that is a procurement program, a percentage increase in the procurement unit cost for the program or subprogram of--
‘(II) 10 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
‘(I) 5 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; and
‘(II) 10 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.’.
SEC. 802. MODIFICATION OF CERTAIN REQUIREMENTS OF THE WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009.
- (a) Repeal of Certification of Compliance of Certain Major
Defense Acquisition Programs With Actions on Treatment of Systemic
Problems Before Milestone Approval- Subsection (c) of section 204 of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123
Stat. 1723; 10 U.S.C. 2366a note) is repealed.
(b) Waiver of Requirement To Review Programs Receiving Waiver or Certain Certification Requirements- Section 2366b(d) of title 10, United States Code, is amended by adding the following new paragraph:
‘(3) The requirement in paragraph (2)(B) shall not apply to a program for which a certification was required pursuant to section 2433a(c) of this title if the milestone decision authority--
‘(A) determines in writing that--
‘(i) the program has reached a stage in the acquisition process at which it would not be practicable to meet the certification component that was waived; and
‘(B) submits the written determination, and an explanation of the basis for the determination, to the congressional defense committees.’.
‘(ii) the milestone decision authority has taken appropriate alternative actions to address the underlying purposes of such certification component; and
SEC. 803. ASSESSMENT, MANAGEMENT, AND CONTROL OF OPERATING AND SUPPORT COSTS FOR MAJOR WEAPON SYSTEMS.
- (a) Guidance Required- Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue guidance
on actions to be taken to assess, manage, and control Department of
Defense costs for the operation and support of major weapon systems.
(b) Elements- The guidance required by subsection (a) shall, at a minimum--
- (1)
require the military departments to retain each estimate of operating
and support costs that is developed at any time during the life cycle of
a major weapon system, together with supporting documentation used to
develop the estimate;
(2) require the military departments to update estimates of operating and support costs periodically throughout the life cycle of a major weapon system, to determine whether preliminary information and assumptions remain relevant and accurate, and identify and record reasons for variances;
(3) establish standard requirements for the collection of data on operating and support costs for major weapon systems and require the military departments to revise their Visibility and Management of Operating and Support Costs (VAMOSC) systems to ensure that they collect complete and accurate data in compliance with such requirements and make such data available in a timely manner;
(4) establish standard requirements for the collection and reporting of data on operating and support costs for major weapon systems by contractors performing weapon system sustainment functions in an appropriate format, and develop contract clauses to ensure that contractors comply with such requirements;
(5) require the military departments--
- (A)
to collect and retain data from operational and developmental testing
and evaluation on the reliability and maintainability of major weapon
systems; and
(B) to use such data to inform system design decisions, provide insight into sustainment costs, and inform estimates of operating and support costs for such systems;
(7) require the military departments to conduct an independent logistics assessment of each major weapon system prior to key acquisition decision points (including milestone decisions) to identify features that are likely to drive future operating and support costs, changes to system design that could reduce such costs, and effective strategies for managing such costs;
(8) include--
- (A) reliability metrics for major weapon systems; and
(B) requirements on the use of metrics under subparagraph (A) as triggers--
- (i) to conduct further investigation and analysis into drivers of those metrics; and
(ii) to develop strategies for improving reliability, availability, and maintainability of such systems at an affordable cost; and
- (1)
IN GENERAL- The Director of Cost Assessment and Program Evaluation
shall be responsible for developing and maintaining a database on
operating and support estimates, supporting documentation, and actual
operating and support costs for major weapon systems.
(2) SUPPORT- The Secretary of Defense shall ensure that the Director, in carrying out such responsibility--
- (A)
promptly receives the results of all cost estimates and cost analyses
conducted by the military departments with regard to operating and
support costs of major weapon systems;
(B) has timely access to any records and data of the military departments (including classified and proprietary information) that the Director considers necessary to carry out such responsibility; and
(C) with the concurrence of the Under Secretary of Defense for Acquisition, Technology, and Logistics, may direct the military departments to collect and retain information necessary to support the database.
SEC. 804. CLARIFICATION OF RESPONSIBILITY FOR COST ANALYSES AND TARGETS FOR CONTRACT NEGOTIATION PURPOSES.
- Section 2334(e) of title 10, United States Code, is amended--
- (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;
(2) in paragraph (1)--
- (A)
by striking ‘shall provide that--’ and all that follows through ‘cost
estimates’ and inserting ‘shall provide that cost estimates’; and
(B) by striking ‘; and’ and inserting a period;
(4) in paragraph (2) as redesignated by paragraph (3) of this section, by striking ‘cost analyses and targets’ and inserting ‘The Under Secretary of Defense for Acquisition, Technology, and Logistics shall, in consultation with the Director of Cost Assessment and Program Evaluation, develop policies, procedures, and guidance to ensure that cost analyses and targets’;
(5) in paragraph (3), as redesignated by paragraph (1) of this section, by striking ‘issued by the Director of Cost Assessment and Program Evaluation’ and inserting ‘issued by the Under Secretary of Defense for Acquisition, Technology, and Logistics under paragraph (2)’; and
(6) in paragraph (5), as redesignated by paragraph (1) of this section, by striking ‘paragraph (3)’ and inserting ‘paragraph (4)’.
SEC. 805. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON MANAGEMENT OF MANUFACTURING RISK IN MAJOR DEFENSE ACQUISITION PROGRAMS.
- Section 812(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4264; 10 U.S.C.
2430 note) is amended--
- (1) by striking ‘manufacturing
readiness levels’ each place it appears and inserting ‘manufacturing
readiness levels or other manufacturing readiness standards’;
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new paragraph (4):
‘(4) provide for the tailoring of manufacturing readiness levels or other manufacturing readiness standards to address the unique characteristics of specific industry sectors or weapon system portfolios;’.
SEC. 806. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
- (a) Chief Developmental Tester- Section 820(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2330), as amended by section 805(c) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 110-181; 123
Stat. 2403), is further amended--
- (1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new paragraph (6):
‘(6) Chief developmental tester.’.
- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
‘(c) Support of Mdaps by Chief Developmental Tester and Lead Developmental Test and Evaluation Organization-
‘(1) SUPPORT- The Secretary of Defense shall require that each major defense acquisition program be supported by--
‘(A) a chief developmental tester; and
‘(2) RESPONSIBILITIES OF CHIEF DEVELOPMENTAL TESTER- The chief developmental tester for a major defense acquisition program shall be responsible for--
‘(B) a governmental test agency, serving as lead developmental test and evaluation organization for the program.
‘(A) coordinating the planning, management, and oversight of all developmental test and evaluation activities for the program;
‘(3) RESPONSIBILITIES OF LEAD DEVELOPMENTAL TEST AND EVALUATION ORGANIZATION- The lead developmental test and evaluation organization for a major defense acquisition program shall be responsible for--
‘(B) maintaining insight into contractor activities under the program and overseeing the test and evaluation activities of other participating government activities under the program; and
‘(C) helping program managers make technically informed, objective judgments about contractor developmental test and evaluation results under the program.
‘(A) providing technical expertise on testing and evaluation issues to the chief developmental tester for the program;
‘(B) conducting developmental testing and evaluation activities for the program, as directed by the chief developmental tester; and
‘(C) assisting the chief developmental tester in providing oversight of contractors under the program and in reaching technically informed, objective judgments about contractor developmental test and evaluation results under the program.’.
SEC. 807. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN COUNTRIES.
- (a) Assessment of Risk Required-
- (1) IN GENERAL- Not
later than two days after the President transmits a certification to
Congress pursuant to section 27(f) of the Arms Export Control Act (22
U.S.C. 2767(f)) regarding a proposed cooperative project agreement that
is expected to result in the award of a Department of Defense contract
for the engineering and manufacturing development of a major weapon
system, the Secretary of Defense shall submit to the Chairmen of the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a risk assessment of the proposed
cooperative project.
(2) PREPARATION- The Secretary shall prepare each report required by paragraph (1) in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering, and the Director of Cost Assessment and Program Evaluation of the Department of Defense.
- (1)
An assessment of the design, technical, manufacturing, and integration
risks associated with developing and procuring the weapon system to be
procured under the cooperative project.
(2) A statement identifying any termination liability that would be incurred under the development contract to be entered into under subsection (a)(1), and a statement of the extent to which such termination liability would not be fully funded by appropriations available or sought in the fiscal year in which the agreement for the cooperative project is signed on behalf of the United States.
(3) An assessment of the advisability of incurring any unfunded termination liability identified under paragraph (2) given the risks identified in the assessment under paragraph (1).
(4) A listing of which, if any, requirements associated with the oversight and management of a major defense acquisition program (as prescribed under Department of Defense Instruction 5000.02 or related authorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under (a)(1), and a full explanation why such requirements need to be waived or modified.
- (1)
The term ‘engineering and manufacturing development’ has the meaning
given that term in Department of Defense Instruction 5000.02.
(2) The term ‘major weapon system’ has the meaning given that term in section 2379(f) of title 10, United States Code.
Subtitle B--Acquisition Policy and Management
SEC. 821. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST PERFORMANCE DATABASES FOR SOURCE SELECTION DECISIONS.
- (a) Strategy on Inclusion Required- Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall 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.
(b) Elements- The strategy required by subsection (a) shall, at a minimum--
- (1)
establish standards for the timeliness and completeness of past
performance submissions for purposes of databases described in
subsection (a);
(2) assign responsibility and management accountability for the completeness of past performance submissions for such purposes; and
(3) ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where such evaluations have been conducted.
- (1) That
agency evaluations of contractor past performance are included in the
relevant past performance database as soon as such evaluations are
completed.
(2) That affected contractors are notified in a timely manner when such agency evaluations are entered into such database.
(3) That such contractors are afforded a reasonable opportunity to submit comments, rebutting statements, or additional information pertaining to such agency evaluations for inclusion in such database.
SEC. 822. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE SCIENCE BOARD TASK FORCE ON SERVICE CONTRACTING.
- (a) Plan for Implementation- Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, acting pursuant to the
Under Secretary’s responsibility under section 2330 of title 10, United
States Code, develop a plan for implementing the recommendations of the
Defense Science Board Task Force on Improvements to Service Contracting.
(b) Elements- The plan developed pursuant to subsection (a) shall include, to the extent determined appropriate by the Under Secretary for Acquisition, Technology, and Logistics, the following:
- (1) A
meaningful taxonomy to track services, which can be built into the
inventory of contract services required by section 2330a(c) of title 10,
United States Code.
(2) Standards, definitions, and performance measures for each portfolio of contract services which can be used for the purposes of performance assessments conducted pursuant to section 2548 of title 10, United States Code, and independent management reviews conducted pursuant to section 808 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 215; 10 U.S.C. 2330 note).
(3) Meaningful incentives to service contractors for high performance at low cost, consistent with the objectives of the Better Buying Power Initiative established by the Under Secretary.
(4) Improved means of communication between the Government and the services contracting industry in the process of developing requirements for services contracts.
(5) Clear guidance for defense acquisition personnel on the use of appropriate contract types for particular categories of services contracts.
(6) Formal certification and training requirements for services acquisition personnel, consistent with the requirements of sections 1723 and 1724 of title 10, United States Code.
(7) Appropriate emphasis on the recruiting and training of services acquisition personnel, consistent with the strategic workforce plan developed pursuant to section 115b of title 10, United States Code, and the funds available through the Department of Defense Acquisition Workforce Development Fund established pursuant to section 1705 of title 10, United States Code.
(8) Policies and guidance on career development for services acquisition personnel, consistent with the requirements of sections 1722a and 1722b of title 10, United States Code.
(9) Actions to ensure that the military departments dedicate portfolio-specific commodity managers to coordinate the procurement of key categories of contract services, as required by section 2330(b)(3)(C) of title 10, United States Code.
(10) Actions to ensure that the Department of Defense conducts realistic exercises and training that account for services contracting during contingency operations, as required by section 2333(e) of title 10, United States Code.
- (1)
The actions taken by the Under Secretary of Defense for Acquisition,
Technology, and Logistics to carry out the requirements of this section.
(2) The actions taken by the Under Secretary to carry out the requirements of section 2330 of title 10, United States Code.
(3) The actions taken by the military departments to carry out the requirements of section 2330 of title 10, United States Code.
(4) The extent to which the actions described in paragraphs (1), (2), and (3) have resulted in the improved acquisition and management of contract services.
SEC. 823. TEMPORARY LIMITATION ON AGGREGATE ANNUAL AMOUNT AVAILABLE FOR CONTRACT SERVICES.
- (a) Limitation- Except as provided in subsection (b), the total
amount obligated by the Department of Defense for contract services in
fiscal year 2012 or 2013 may not exceed the total amount requested for
the Department for contract services in the budget of the President for
fiscal year 2010 (as submitted to Congress pursuant to section 1105(b)
of title 31, United States Code) adjusted for net transfers from funding
for overseas contingency operations.
(b) Exception- Notwithstanding the limitation in subsection (a), the total amount obligated by the Department for contract services in fiscal year 2012 or 2013 may exceed the amount otherwise provided pursuant to subsection (a) by an amount elected by the Secretary that is not greater than the cost of any increase in such fiscal year in the number of civilian billets at the Department that has been approved by the Secretary over the number of such billets at the Department in fiscal year 2010.
(c) Guidance- Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue guidance to the military departments and the Defense Agencies on implementation of this section during fiscal years 2012 and 2013. The guidance shall, at a minimum--
- (1)
establish a negotiation objective that labor rates and overhead rates
in any contract or task order for contract services with an estimated
value in excess of $10,000,000 awarded to a contractor in fiscal year
2012 or 2013 shall not exceed labor rates and overhead rates paid to the
contractor for contract services in fiscal year 2010;
(2) require the Secretaries of the military departments and the heads of the Defense Agencies to approve in writing any contract or task order for contract services with an estimated value in excess of $10,000,000 awarded to a contractor in fiscal year 2012 or 2013 that provides for continuing services at an annual cost that exceeds the annual cost paid by the military department or Defense Agency concerned for the same or similar services in fiscal year 2010;
(3) require the Secretaries of the military departments and the heads of the Defense Agencies to eliminate any contractor positions identified by the military department or Defense Agency concerned as being responsible for the performance of inherently governmental functions;
(4) require the Secretaries of the military departments and the heads of the Defense Agencies to reduce by 10 percent per fiscal year in each of fiscal years 2012 and 2013 the funding of the military department or Defense Agency concerned for--
- (A) staff augmentation contracts; and
(B) contracts for the performance of functions closely associated with inherently governmental functions; and
- (1)
The term ‘contract services’ has the meaning given that term in section
235 of title 10, United States Code, except that the term does not
include services that are funded out of amounts available for overseas
contingency operations.
(2) The term ‘function closely associated with inherently governmental functions’ has the meaning given that term in section 2383(b)(3) of title 10, United States Code.
(3) The term ‘staff augmentation contracts’ means contracts for personnel who are subject to the direction of a government official other than the contracting officer for the contract, including, but not limited to, contractor personnel who perform personal services contracts (as that term is defined in section 2330a(g)(5) of title 10, United States Code).
(4) The term ‘transfers from funding for overseas contingency operations’ means amounts funded out of amounts available for overseas contingency operations in fiscal year 2010 that are funded out of amounts other than amounts so available in fiscal year 2012 or 2013.
SEC. 824. ANNUAL REPORT ON SINGLE-AWARD TASK AND DELIVERY ORDER CONTRACTS.
- (a) Annual Report-
- (1) IN GENERAL- Paragraph (2) of
section 817(d) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2611; 10 U.S.C. 2306a
note) is amended--
- (A) in subparagraph (A), by striking ‘and’ at the end;
(B) in subparagraph (B), by striking the period at the end and inserting ‘; and’; and
(C) by adding at the end the following new subparagraph:
‘(C) with respect to any determination pursuant to section 2304a(d)(3)(D) of title 10, United States Code, that because of exceptional circumstances it is necessary in the public interest to award a task or delivery order contract with an estimated value in excess of $100,000,000 to a single source, an explanation of the basis for the determination.’.(2) CONFORMING AMENDMENT- The heading of such section is amended by striking ‘With Price or Value Greater Than $15,000,000’.
- (1) by striking subparagraph (B);
(2) by striking ‘(A)’;
(3) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively, of paragraph (1); and
(4) in subparagraph (B), as redesignated by paragraph (3), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.
SEC. 825. INCORPORATION OF CORROSION PREVENTION AND CONTROL INTO REQUIREMENTS APPLICABLE TO DEVELOPMENT AND ACQUISITION OF WEAPON SYSTEMS.
- (a) In General- Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in consultation with the Director of
Corrosion Policy and Oversight, shall, for purposes of ensuring that
corrosion prevention and control are addressed early in the development
and acquisition of weapon systems--
- (1) identify and
disseminate throughout the Department of Defense recommendations from
the 2010 Corrosion Evaluation of the F-22 Raptor and F-35 Lightning II
Joint Strike Fighter that are applicable Department-wide;
(2) commence implementation of any modifications of policies and practices that the Under Secretary considers appropriate in light of such recommendations to improve corrosion prevention and control in new weapon systems; and
(3) establish a process for monitoring and assessing the effectiveness of the actions taken by the Department pursuant to paragraph (2) to improve corrosion prevention and control in new weapon systems.
- (1) Investment in research and development that
increases the understanding of corrosion on materials and processes for
weapon systems.
(2) Development and dissemination of expertise on corrosion in the acquisition programs for weapon systems and in the processes for developing requirements for weapon systems.
(3) Reestablishment of appropriate military specifications and standards regarding corrosion resistance in weapon systems.
(4) Establishment of new test protocols and methodologies with respect to corrosion in new materials and processes for weapon systems.
(5) Development of contract language, metrics, and incentives to improve the emphasis on corrosion prevention and control and the effects of corrosion on life cycle costs in weapon systems.
(6) Development of a corrosion-focused design decision methodology to support acquisition programs for weapon systems when required to evaluate alternative designs and help quantify future operation and sustainment costs.
- (1)
IN GENERAL- Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall--
- (A) identify in the Corrosion Evaluation
referred to in subsection (a) specific recommendations on corrosion
prevention and control that are applicable to the F-22 Raptor aircraft
and to the F-35 Lightning II Joint Strike Fighter aircraft;
(B) commence implementation of appropriate actions to put the recommendations described in subparagraph (A) into effect; and
(C) establish and implement processes for monitoring and assessing the effectiveness of the actions put into effect under subparagraph (B).
(3) ACTIONS ON F-35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT- The actions implemented under paragraph (1) with respect to the F-35 Lightning II Joint Strike Fighter aircraft shall include actions as follows:
- (A) The updating of the F-35 Corrosion
Prevention and Control Plan with lessons learned from corrosion
prevention and control for the F-22 Raptor aircraft, guidelines for
conducting trade studies, and appropriate test and verification methods.
(B) Planning for a full climatic test earlier in the acquisition schedule, and ensuring that--
- (i) such test robustly addresses the effects of severe wet weather, temperature extremes, and high humidity; and
(ii) enclosed areas of the aircraft are opened and inspected for water or moisture intrusion.
(D) Expanding the involvement of the Naval Air Systems Command (NAVAIR) corrosion testing capability and the Air Force Reserve Laboratory (AFRL) low observable testing capability as a means to independently test and assess materials and components.
(E) Reconsidering the selection of materials and coating for corrosion risks.
(F) Specifying responsibility for management of the Autonomic Logistics Information System (ALIS) link with the Aircraft Structural Integrity Program (ASIP).
(G) Ensuring that the officials covered by subparagraph (F) are involved in the development of the Autonomic Logistics Information System and are capable of receiving and analyzing the information to support the Aircraft Structural Integrity Program sustainment activity.
- (1)
IN GENERAL- Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall revise Department of Defense
Instruction 5000.02 to ensure that the Milestone Decision Authority for a
major defense acquisition program is required to consider issues of
corrosion and materials degradation for the purpose of any certification
under sections 2366a and 2366b of title 10, United States Code.
(2) TEST AND EVALUATION- In carrying out section 2399 of title 10, United States Code, the Director of Operational Test and Evaluation shall--
- (A) consider corrosion, environmental severity, and duration in the adequacy of operational test and evaluation plans;
(B) include in the annual report under subsection (g) of that section an assessment of the adequacy of the consideration of material degradation and corrosion in each major defense acquisition program.
SEC. 826. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS.
- No amounts authorized to be appropriated by this Act may be
obligated or expended to implement or carry out any program that creates
a price evaluation adjustment as described in section 2323(e)(3) of
title 10, United States Code, or any other authority, that is
inconsistent with the holdings in the following:
- (1) Adarand Constructors, Inc. v. Pen.AE6a, 515 U.S. 200 (1995).
(2) Rothe Development Corporation. v. Department of Defense, 545 F.3d 1023 (2008).
SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE.
- (a) In General- Section 2534 of title 10, United States Code, is amended by adding at the end the following new subsection:
‘(k) Procurement of Photovoltaic Devices-(b) Conforming Repeal- Section 846 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2534 note) is repealed.
‘(1) CONTRACT REQUIREMENT- The Secretary of Defense shall ensure that each contract described in paragraph (2) awarded by the Department of Defense includes a provision requiring any photovoltaic devices installed pursuant to the contract, or pursuant to a subcontract under the contract, to comply with the provisions of chapter 83 of title 41 (commonly known as the ‘Buy American Act’), without regard to whether the contract results in ownership of the photovoltaic devices by the Department.
‘(2) CONTRACTS DESCRIBED- The contracts described in this paragraph include energy savings performance contracts, utility service contracts, power purchase agreements, land leases, and private housing contracts pursuant to which any photovoltaic devices are--
‘(A) installed on property or in a facility owned by the Department of Defense; and
‘(3) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS- Paragraph (1) shall be applied in a manner consistent with the obligations of the United States under international agreements.
‘(B) generate power consumed predominantly by the Department of Defense and counted toward federal renewable energy purchase requirements.
‘(4) DEFINITION OF PHOTOVOLTAIC DEVICES- In this subsection, the term ‘photovoltaic devices’ means devices that convert light directly into electricity.
‘(5) EFFECTIVE DATE- This subsection applies to photovoltaic devices procured or installed on or after the date that is 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 pursuant to contracts entered into or after such date of enactment.’.
Subtitle C--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
SEC. 841. TREATMENT FOR TECHNICAL DATA PURPOSES OF INDEPENDENT RESEARCH AND DEVELOPMENT AND BID AND PROPOSAL COSTS.
- (a) Treatment- Section 2320(a) of title 10, United States Code, is amended--
- (1)
in paragraph (2)(E), by striking ‘the respective rights’ and inserting
‘the Government may use, modify, release, reproduce, perform, display,
or disclose the data pertaining to such item or process within the
Government without restriction, but may release or disclose the data
outside the Government only for Government purposes. The respective
rights’;
(2) in paragraph (3), by striking ‘and shall specify that amounts spent for independent research and development and bid and proposal costs shall not be considered to be Federal funds for the purposes of paragraph (2)(B), but shall be considered to be Federal funds for the purposes of paragraph (2)(A)’; and
(3) by adding at the end the following new paragraph:
‘(4)(A) Except as provided in subparagraph (B), amounts spent for independent research and development and bid and proposal costs shall not be treated as Federal funds for the purposes of this section.(b) Effective Date- The amendments made by subsection (a) shall take effect on January 7, 2011, immediately after the enactment of section 824(b)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4269), to which such amendments relate.
‘(B) An item or process that is developed in whole or in part with amounts described in subparagraph (A) shall be treated as having been developed in part with Federal funds and in part at private expense in the following circumstances:
‘(i) In the case of an item or process for which the total amount of costs referred to in subparagraph (A) allocable to contracts other than Federal contracts and any other contractor funds expended is less than 10 percent of the total funds provided for the development of such item or process (including all sources of Federal funding).
‘(ii) In the case an item or process that is integrated into a major system for which the rights in technical data are otherwise described under paragraph (2)(A) or (2)(E) and for which--
‘(I) the total amount of such costs allocable to contracts other than Federal contracts and any other contractor funds expended is less than 50 percent of the total funds provided for the development of such item or process (including all sources of Federal funding); or
‘(II) such item or process cannot be segregated from other elements of the major system in a practicable manner in order to allow the system to be procured using competition.’.
SEC. 842. LIMITATION ON DEFENSE CONTRACTOR COMPENSATION.
- Section 2324(e)(1)(P) of title 10, United States Code, is amended to read as follows:
‘(P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount paid to the President of the United States in accordance with section 102 of title 3.’.
SEC. 843. COVERED CONTRACTS FOR PURPOSES OF REQUIREMENTS ON CONTRACTOR BUSINESS SYSTEMS.
- Paragraph (3) of section 893(f) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4312; 10 U.S.C. 2302 note) is amended to read as follows:
‘(3) The term ‘covered contract’ means a contract that is subject to the cost accounting standards promulgated pursuant to section 1502 of title 41, United States Code, that could be affected if the data produced by a contractor business system has a significant deficiency.’.
SEC. 844. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES OF INTERNAL CONTROLS OF NON-DEFENSE AGENCIES FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE.
- Section 801(d) of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by striking ‘with the
requirements’ and all that follows and inserting ‘with the following:
‘(1) The Federal Acquisition Regulation and other laws and regulations that apply to procurements of property and services by Federal agencies.
‘(2) Laws and regulations (including applicable Department of Defense financial management regulations) that apply to procurements of property and services made by the Department of Defense through other Federal agencies.’.
SEC. 845. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION.
- (a) In General- Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
‘Sec. 2335. Prohibition on collection of political information
‘(a) Prohibition on Requiring Submission of Political Information- The head of an agency may not require a contractor to submit political information related to the contractor or a subcontractor at any tier, or any partner, officer, director, or employee of the contractor or subcontractor--
‘(1) as part of a solicitation, request for bid, request for proposal, or any other form of communication designed to solicit offers in connection with the award of a contract for procurement of property or services;
‘(b) Scope- The prohibition under this section applies to the procurement of commercial items, the procurement of commercial-off-the-shelf-items, and the non-commercial procurement of supplies, property, services, and manufactured items, irrespective of contract vehicle, including contracts, purchase orders, task or deliver orders under indefinite delivery/indefinite quantity contracts, blanket purchase agreements, and basic ordering agreements.
‘(2) during the course of contract performance as part of the process associated with modifying a contract or exercising a contract option; or
‘(3) any time prior to contract completion and final contract closeout.
‘(c) Rule of Construction- Nothing in this section shall be construed as--
‘(1) waiving, superseding, restricting, or limiting the application of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) or preventing Federal regulatory or law enforcement agencies from collecting or receiving information authorized by law; or
‘(d) Definitions- In this section:
‘(2) precluding the Defense Contract Audit Agency from accessing and reviewing certain information, including political information, for the purpose of identifying unallowable costs and administering cost principles established pursuant to section 2324 of this title.
‘(1) CONTRACTOR- The term ‘contractor’ includes contractors, bidders, and offerors, and individuals and legal entities who would reasonably be expected to submit offers or bids for Federal Government contracts.
(b) Clerical Amendment- The table of sections at the beginning of chapter 137 of such title is amended by inserting after the item relating to section 2334 the following new item:
‘(2) POLITICAL INFORMATION- The term ‘political information’ means information relating to political spending, including any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the contractor, any of its partners, officers, directors or employees, or any of its affiliates or subsidiaries to a candidate or on behalf of a candidate for election for Federal office, to a political committee, to a political party, to a third party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communications, or that is otherwise made with respect to any election for Federal office, party affiliation, and voting history. Each of the terms ‘contribution’, ‘expenditure’, ‘independent expenditure’, ‘candidate’, ‘election’, ‘electioneering communication’, and ‘Federal office’ has the meaning given the term in the Federal Campaign Act of 1971 (2 U.S.C. 431 et seq.).’.
‘2335. Prohibition on collection of political information.’.
SEC. 846. WAIVER OF ‘BUY AMERICAN’ REQUIREMENT FOR PROCUREMENT OF COMPONENTS OTHERWISE PRODUCIBLE OVERSEAS WITH SPECIALTY METAL NOT PRODUCED IN THE UNITED STATES.
- Section 2533b of title 10, United States Code, is amended--
- (1) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and
(2) by inserting after subsection (k) the following new subsection (l):
‘(l) Additional Waiver Authority- (1) The Secretary of Defense may waive the requirement of subsection (a) with regard to the procurement of a component containing specialty metal if the Secretary determines that, in the absence of the waiver, the component will be produced overseas and will contain specialty metal not melted or produced in the United States.
‘(2) The Secretary shall establish a process to review petitions for waivers under this subsection by interested persons. The process shall include an opportunity for comment by persons engaged in melting or producing specialty metals in the United States.
‘(3) The authority to grant a waiver under paragraph (1) may be delegated to any civilian official in the Department of Defense or a military department who is appointed by the President, by and with the advice and consent of the Senate.’.
SEC. 847. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON NONCOMPETITIVE AND ONE-OFFER CONTRACTS AWARDED BY THE DEPARTMENT OF DEFENSE.
- (a) Reports Required- Not later than March 31 of each of 2013,
2014, and 2015, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth a review and assessment by the
Comptroller General of the noncompetitive contracts and one-offer
contracts awarded by the Department of Defense during the preceding
fiscal year.
(b) Elements- Each report under subsection (a) shall include the following:
- (1)
The number of noncompetitive contracts awarded by the Department of
Defense during the fiscal year covered by such report, and the
percentage of such number to the total number of contracts awarded by
the Department during such fiscal year.
(2) A description of the competition exceptions that served as the basis for the award of such noncompetitive contracts.
(3) An assessment of the adequacy of the justification and approvals issued under section 2304(f) of title 10, United States Code, in support of such noncompetitive contracts.
(4) The number of one-offer contracts awarded by the Department during the fiscal year covered by such report, and the percentage of such number to the total number of contracts awarded by the Department during such fiscal year.
(5) An assessment of the extent to which such one-offer contracts were awarded in compliance with applicable Department guidance on one-offer contracts.
(6) An assessment whether the contracting practices of the Department during the fiscal year covered by such report were in keeping with the objective of promoting full and open competition in the award of contracts in excess of the simplified acquisition threshold.
- (1) The term ‘competitive procedures’ has the meaning given that term in section 2302(2) of title 10, United States Code.
(2) The term ‘noncompetitive contract’ means a contract awarded through other than competitive procedures.
(3) The term ‘one-offer contract’ means a contract awarded after receiving a bid from only one qualified vendor.
SEC. 848. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
- (a) Revised Regulations Required-
- (1) IN GENERAL- Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall revise the Department of Defense Supplement
to the Federal Acquisition Regulation to address the detection and
avoidance of counterfeit electronic parts.
(2) CONTRACTOR RESPONSIBILITIES- The revised regulations issued pursuant to paragraph (1) shall provide that--
- (A)
contractors on Department of Defense contracts for products that
include electronic parts are responsible for detecting and avoiding the
use or inclusion of counterfeit electronic parts or suspect counterfeit
electronic parts in such products and for any rework or corrective
action that may be required to remedy the use or inclusion of such
parts; and
(B) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts are not allowable costs under such contracts.
- (A) require that, whenever possible, the Department of Defense and Department of Defense contractors and subcontractors--
- (i)
obtain electronic parts that are in production or currently available
in stock from the original manufacturers of the parts or their
authorized dealers, or from trusted suppliers who obtain such parts
exclusively from the original manufacturers of the parts or their
authorized dealers; and
(ii) obtain electronic parts that are not in production or currently available in stock from trusted suppliers;
(C) establish qualification requirements, consistent with the requirements of section 2319 of title 10, United States Code, pursuant to which the Department of Defense may identify trusted suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and
(D) authorize Department of Defense contractors and subcontractors to identify and use additional trusted suppliers, provided that--
- (i) the standards and processes for identifying such trusted suppliers complies with established industry standards;
(ii) the contractor or subcontractor assumes responsibility for the authenticity of parts provided by such supplier as provided in paragraph (2); and
(iii) the selection of such trusted suppliers is subject to review and audit by appropriate Department of Defense officials.
- (1)
INSPECTION PROGRAM- The Secretary of Homeland Security shall establish a
risk-based methodology for the enhanced targeting of electronic parts
imported from any country, after consultation with the Secretary of
Defense as to sources of counterfeit electronic parts and suspect
counterfeit electronic parts in the supply chain for products purchased
by the Department of Defense.
(2) INFORMATION SHARING- If United States Customs and Border Protection suspects a product of being imported or exported in violation of section 42 of the Lanham Act, and subject to any applicable bonding requirements, the Secretary of Treasury is authorized to share information appearing on, and unredacted samples of, products and their packaging and labels, or photographs of such products, packaging and labels, with the rightholders of the trademarks suspected of being copied or simulated, for purposes of determining whether the products are prohibited from importation pursuant to such section.
- (1)
IN GENERAL- Not later than 270 days after the date of the enactment of
this Act, the Secretary of Defense shall implement a program for the
improvement of contractor systems for the detection and avoidance of
counterfeit electronic parts and suspect counterfeit electronic parts.
(2) ELEMENTS- The program developed pursuant to paragraph (1) shall--
- (A)
require covered contractors to adopt and implement policies and
procedures, consistent with applicable industry standards, for the
detection and avoidance of counterfeit electronic parts and suspect
counterfeit electronic parts, including policies and procedures for
training personnel, designing and maintaining systems to mitigate risks
associated with parts obsolescence, making sourcing decisions,
prioritizing mission critical and sensitive components, ensuring
traceability of parts, developing lists of trusted and untrusted
suppliers, flowing down requirements to subcontractors, inspecting and
testing parts, reporting and quarantining suspect counterfeit electronic
parts and counterfeit electronic parts, and taking corrective action;
(B) establish processes for the review and approval or disapproval of contractor systems for the detection and avoidance of counterfeit electronic parts and suspect counterfeit electronic parts, comparable to the processes established for contractor business systems under section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4311; 10 U.S.C. 2302 note); and
(C) effective beginning one year after the date of the enactment of this Act, authorize the withholding of payments as provided in subsection (c) of such section, in the event that a contractor system for detection and avoidance of counterfeit electronic parts is disapproved pursuant to subparagraph (B) and has not subsequently received approval.
- (1)
Policies and procedures applicable to Department of Defense components
engaged in the purchase of electronic parts, including requirements for
training personnel, making sourcing decisions, ensuring traceability of
parts, inspecting and testing parts, reporting and quarantining suspect
counterfeit electronic parts and counterfeit electronic parts, and
taking corrective action. The policies and procedures developed by the
Secretary under this paragraph shall prioritize mission critical and
sensitive components.
(2) The establishment of a system for ensuring that government employees who become aware of, or have reason to suspect, that any end item, component, part, or material contained in supplies purchased by or for the Department of Defense contains counterfeit electronic parts or suspect counterfeit electronic parts are required to provide a written report on the matter within 30 calendar days to the Inspector General of the Department of Defense, the contracting officer for the contract pursuant to which the supplies are purchased, and the Government-Industry Data Exchange Program or a similar program designated by the Secretary of Defense.
(3) A process for analyzing, assessing, and acting on reports of counterfeit electronic parts and suspect counterfeit electronic parts that are submitted to the Inspector General of the Department of Defense, contracting officers, and the Government-Industry Data Exchange Program or a similar program designated by the Secretary of Defense.
(4) Guidance on appropriate remedial actions in the case of a supplier who has repeatedly failed to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts or otherwise failed to exercise due diligence in the detection and avoidance of such parts, including consideration of whether to suspend or debar a supplier until such time as the supplier has effectively addressed the issues that led to such failures.
- (1) in subsection (a), by adding at the end the following:
‘(3) MILITARY GOODS OR SERVICES-(2) in subsection (e)--
‘(A) IN GENERAL- A person who commits an offense under paragraph (1) shall be punished in accordance with subparagraph (B) if--
‘(i) the offense involved a good or service described in paragraph (1) that if it malfunctioned, failed, or was compromised, could reasonably be foreseen to cause--
‘(B) PENALTIES-
‘(I) serious bodily injury or death;
‘(ii) the person had knowledge that the good or service is falsely identified as meeting military standards or is intended for use in a military or national security application.
‘(II) disclosure of classified information;
‘(III) impairment of combat operations; or
‘(IV) other significant harm to a member of the Armed Forces or to national security; and
‘(i) INDIVIDUAL- An individual who commits an offense described in subparagraph (A) shall be fined not more than $5,000,000, imprisoned for not more than 20 years, or both.
‘(C) SUBSEQUENT OFFENSES-
‘(ii) PERSON OTHER THAN AN INDIVIDUAL- A person other than an individual that commits an offense described in subparagraph (A) shall be fined not more than $15,000,000.
‘(i) INDIVIDUAL- An individual who commits an offense described in subparagraph (A) after the individual is convicted of an offense under subparagraph (A) shall be fined not more than $15,000,000, imprisoned not more than 30 years, or both.
‘(ii) PERSON OTHER THAN AN INDIVIDUAL- A person other than an individual that commits an offense described in subparagraph (A) after the person is convicted of an offense under subparagraph (A) shall be fined not more than $30,000,000.’; and
- (A) in paragraph (1), by striking the period at the end and inserting a semicolon;
(B) in paragraph (3), by striking ‘and’ at the end;
(C) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
‘(5) the term ‘falsely identified as meeting military standards’ relating to a good or service means there is a material misrepresentation that the good or service meets a standard, requirement, or specification issued by the Department of Defense, an Armed Force, or a reserve component; and
‘(6) the term ‘use in a military or national security application’ means the use of a good or service, independently, in conjunction with, or as a component of another good or service--
‘(A) during the performance of the official duties of the Armed Forces of the United States or the reserve components of the Armed Forces; or
‘(B) by the United States to perform or directly support--
‘(i) combat operations; or
‘(ii) critical national defense or national security functions.’.
- (1)
DEFINITION- In this subsection, the term ‘critical infrastructure’ has
the meaning given that term in application note 13(A) of section 2B1.1
of the Federal Sentencing Guidelines.
(2) DIRECTIVE- The United States Sentencing Commission shall review and, if appropriate, amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of an offense under section 2320(a) of title 18, United States Code, to reflect the intent of Congress that penalties for such offenses be increased for defendants that sell infringing products to, or for the use by or for, the Armed Forces or a Federal, State, or local law enforcement agency or for use in critical infrastructure or in national security applications.
(3) REQUIREMENTS- In amending the Federal Sentencing Guidelines and policy statements under paragraph (2), the United States Sentencing Commission shall--
- (A)
ensure that the guidelines and policy statements, including section
2B5.3 of the Federal Sentencing Guidelines (and any successor thereto),
reflect--
- (i) the serious nature of the offenses described in section 2320(a) of title 18, United States Code;
(ii) the need for an effective deterrent and appropriate punishment to prevent offenses under section 2320(a) of title 18, United States Code; and
(iii) the effectiveness of incarceration in furthering the objectives described in clauses (i) and (ii);
(C) ensure reasonable consistency with other relevant directives and guidelines and Federal statutes;
(D) make any necessary conforming changes to the guidelines; and
(E) ensure that the guidelines relating to offenses under section 2320(a) of title 18, United States Code, adequately meet the purposes of sentencing, as described in section 3553(a)(2) of title 18, United States Code.
- (A)
promulgate the guidelines, policy statements, or amendments provided
for in this Act as soon as practicable, and in any event not later than
180 days after the date of the enactment of this Act, in accordance with
the procedure set forth in section 21(a) of the Sentencing Act of 1987
(28 U.S.C. 994 note), as though the authority under that Act had not
expired; and
(B) pursuant to the emergency authority provided under subparagraph (A), make such conforming amendments to the Federal Sentencing Guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law.
- (1)
COUNTERFEIT ELECTRONIC PART- The Secretary of Defense shall define the
term ‘counterfeit electronic part’ for the purposes of this section.
Such definition shall include used electronic parts that are represented
as new.
(2) SUSPECT COUNTERFEIT ELECTRONIC PART AND ELECTRONIC PART- For the purposes of this section:
- (A)
A part is a ‘suspect counterfeit electronic part’ if visual inspection,
testing, or other information provide reason to believe that the part
may be a counterfeit part.
(B) An ‘electronic part’ means an integrated circuit, a discrete electronic component (including but not limited to a transistor, capacitor, resistor, or diode), or a circuit assembly.
SEC. 849. REPORT ON AUTHORITIES AVAILABLE TO THE DEPARTMENT OF DEFENSE FOR MULTIYEAR CONTRACTS FOR THE PURCHASE OF ADVANCED BIOFUELS.
- Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the authorities currently available to the
Department of Defense for multiyear contracts for the purchase of
advanced biofuels (as defined by section 211(o)(1)(B) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(B)). The report shall include a description of
such additional authorities, if any, as the Secretary considers
appropriate to authorize the Department to enter into contracts for the
purchase of advanced biofuels of sufficient length to reduce the impact
to the Department of future price or supply shocks in the petroleum
market, to benefit taxpayers, and to reduce United States dependence on
foreign oil.
SEC. 850. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON DEPARTMENT OF DEFENSE IMPLEMENTATION OF JUSTIFICATION AND APPROVAL REQUIREMENTS FOR CERTAIN SOLE-SOURCE CONTRACTS.
- Not later than 90 days after March 1, 2012, and March 1, 2013,
the dates on which the Department of Defense submits to Congress a
report on its implementation of section 811 of the Fiscal Year 2010
National Defense Authorization Act, the Comptroller General of the
United States shall submit to the congressional defense committees a
report setting forth an assessment of the extent to which the
implementation of such section 811 by the Department ensures that
sole-source contracts are awarded in applicable procurements only when
those awards have been determined to be in the best interest of the
Department.
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