Subtitle D--Provisions Relating to Wartime Contracting
SEC. 861. PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS.
- (a) Prohibition-
- (1) IN GENERAL- Not later than 30 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 authorize the head of a contracting activity,
pursuant to a request from the Commander of the United States Central
Command under subsection (c)(2)--
- (A) to restrict the award of
Department of Defense contracts, grants, or cooperative agreements that
the head of the contracting activity determines in writing would
provide funding directly or indirectly to a person or entity that has
been identified by the Commander of the United States Central Command as
actively supporting an insurgency or otherwise actively opposing United
States or coalition forces in a contingency operation in the United
States Central Command theater of operations;
(B) to terminate for default any Department contract, grant, or cooperative agreement upon a written determination by the head of the contracting activity that the contractor, or the recipient of the grant or cooperative agreement, has failed to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to a person or entity who is actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation in the United States Central Command theater of operations; or
(C) to void in whole or in part any Department contract, grant, or cooperative agreement upon a written determination by the head of the contracting activity that the contract, grant, or cooperative agreement provides funding directly or indirectly to a person or entity that has been identified by the Commander of the United States Central Command as actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation in the United States Central Command theater of operations.
- (A) A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy.
(B) A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement.
- (1)
IN GENERAL- Not later than 30 days after the date of the enactment of
this Act, the Secretary shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require that--
- (A)
the clause described in paragraph (2) shall be included in each covered
contract, grant, and cooperative agreement of the Department that is
awarded on or after the date of the enactment of this Act; and
(B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of the Department that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2).
- (A)
requires the contractor, or the recipient of the grant or cooperative
agreement, to exercise due diligence to ensure that none of the funds
received under the contract, grant, or cooperative agreement are
provided directly or indirectly to a person or entity who is actively
supporting an insurgency or otherwise actively opposing United States or
coalition forces in a contingency operation; and
(B) notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity to terminate or void the contract, grant, or cooperative agreement, in whole or in part, as provided in subsection (a).
- (1)
IN GENERAL- Not later than 30 days after the date of the enactment of
this Act, the Secretary, acting through the Commander of the United
States Central Command, shall establish a program to use available
intelligence to review persons and entities who receive United States
funds through contracts, grants, and cooperative agreements performed in
the United States Central Command theater of operations and identify
any such persons and entities who are actively supporting an insurgency
or otherwise actively opposing United States or coalition forces in a
contingency operation.
(2) NOTICE TO CONTRACTING ACTIVITIES- If the Commander of the United States Central Command, acting pursuant to the program required by paragraph (1), identifies a person or entity as actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation, the Commander may notify the head of a contracting activity in writing of such identification and request that the head of the contracting activity exercise the authority provided in subsection (a) with regard to any contracts, grants, or cooperative agreements that provide funding directly or indirectly to the person or entity.
(3) PROTECTION OF CLASSIFIED INFORMATION- Classified information relied upon by the Commander of the United States Central Command to make an identification in accordance with this subsection may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to the authority provided in subsection (a), or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed.
- (1)
CONTRACT ACTIONS- The authority provided by subsection (a) to restrict,
terminate, or void contracts, grants, and cooperative agreements may
not be delegated below the level of the head of a contracting activity.
(2) IDENTIFICATION OF SUPPORT OF ENEMY- The authority to make an identification under subsection (c)(1) may not be delegated below the level of the Commander of the United States Central Command.
- (1) extending the authority in subsection (a) to the heads of contracting agencies outside the Department; or
(2) requiring the insertion of a contract clause similar to the clause described by subsection (b)(2) into contracts, grants, and cooperative agreements awarded by Federal agencies other than the Department.
(g) Other Definition- In this section, the term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.
(h) Sunset- The authority to restrict, terminate, or void contracts, grants, and cooperative agreements pursuant to subsection (a) shall cease to be effective on the date that is three years after the date of the enactment of this Act.
SEC. 862. ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS.
- (a) Department of Defense Contracts, Grants, and Cooperative Agreements-
- (1)
IN GENERAL- Not later than 30 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 require
that--
- (A) the clause described in paragraph (2) shall be
included in each covered contract, grant, and cooperative agreement of
the Department of Defense that is awarded on or after the date of the
enactment of this Act; and
(B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of the Department that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2).
- (A) are not subject to extortion or corruption; and
(B) are not provided directly or indirectly to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.
(4) FLOWDOWN- A clause described in paragraph (2) shall also be required in any subcontract or subgrant under a covered contract, grant, or cooperative agreement if the subcontract or subgrant has an estimated value in excess of $100,000.
(c) Reports- Not later than March 1 of each of 2013, 2014, and 2015, the Secretary shall submit to the congressional defense committees a report on the use of the authority provided by this section in the preceding calendar year. Each report shall identify, for the calendar year covered by such report, each instance in which the Department of Defense exercised the authority provided under this section to examine records, explain the basis for the action taken, and summarize the results of any examination of records so undertaken, Any report under this subsection may be submitted in classified form.
(d) Definitions- In this section:
- (1) The term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.
(2) The term ‘covered contract, grant, or cooperative agreement’ means a contract, grant, or cooperative agreement with an estimated value in excess of $100,000 that will be performed in the United States Central Command theater of operations in support of a contingency operation.
- (1)
IN GENERAL- The clause described by subsection (a)(2) shall not be
required in any contract, grant, or cooperative agreement that is
awarded after the date that is three years after the date of the
enactment of this Act.
(2) CONTINUING EFFECT OF CLAUSES INCLUDED BEFORE SUNSET- Any clause described by subsection (a)(2) that is included in a contract, grant, or cooperative agreement pursuant this section before the date specified in paragraph (1) shall remain in effect in accordance with its terms.
SEC. 863. JOINT URGENT OPERATIONAL NEEDS FUND TO RAPIDLY MEET URGENT OPERATIONAL NEEDS.
- (a) Establishment of Fund-
- (1) IN GENERAL- Chapter 131
of title 10, United States Code, is amended by inserting after section
2216 the following new section:
‘Sec. 2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund
‘(a) Establishment- There is established in the Treasury an account to be known as the ‘Joint Urgent Operational Needs Fund’ (in this section referred to as the ‘Fund’).
‘(b) Elements- The Fund shall consist of the following:
‘(1) Amounts appropriated to the Fund.
‘(c) Use of Funds- (1) Amounts in the Fund shall be available to the Secretary of Defense for capabilities that are determined by the Secretary, pursuant to the review process required by section 804(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for rapid fielding in response to urgent operational needs.
‘(2) Amounts transferred to the Fund.
‘(3) Any other amounts made available to the Fund by law.
‘(2) The Secretary shall establish a merit-based process for identifying equipment, supplies, services, training, and facilities suitable for funding through the Fund.
‘(3) Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section pursuant to a congressional earmark, as defined in clause 9 of Rule XXI of the Rules of the House of Representatives, or a congressionally directed spending item, as defined in paragraph 5 of Rule XLIV of the Standing Rules of the Senate.
‘(d) Transfer Authority- (1) Amounts in the Fund may be transferred by the Secretary of Defense from the Fund to any of the following accounts of the Department of Defense to accomplish the purpose stated in subsection (c):
‘(A) Operation and maintenance accounts.
‘(2) Upon determination by the Secretary that all or part of the amounts transferred from the Fund under paragraph (1) are not necessary for the purpose for which transferred, such amounts may be transferred back to the Fund.
‘(B) Procurement accounts.
‘(C) Research, development, test, and evaluation accounts.
‘(3) The transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount so transferred.
‘(4) The transfer authority provided by paragraphs (1) and (2) is in addition to any other transfer authority available to the Department of Defense by law.
‘(e) Sunset- The authority to make expenditures or transfers from the Fund shall expire on the last day of the third fiscal year that begins after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 131 of such title is amended by inserting after the item relating to section 2216 the following new item:
(b) Limitation on Commencement of Expenditures From Fund- No expenditure may be made from the Joint Urgent Operational Needs Fund established by section 2216a of title 10, United States Code (as added by subsection (a)), until the Secretary of Defense certifies to the congressional defense committees that the Secretary has developed and implemented an expedited review process in compliance with the requirements of section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4256; 10 U.S.C. 2302 note).
‘2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund.’.
SEC. 864. INCLUSION OF ASSOCIATED SUPPORT SERVICES IN RAPID ACQUISITION AND DEPLOYMENT PROCEDURES FOR SUPPLIES.
- (a) Inclusion- Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended
by striking ‘supplies’ each place it appears (other than subsections
(a)(1)(B) and (f)) and inserting ‘supplies and associated support
services’.
(b) Definition- Such section is further amended by adding at the end the following new subsection:
‘(g) Associated Support Services Defined- In this section, the term ‘associated support services’ means training, operation, maintenance, and support services needed in connection with the deployment of supplies to be acquired pursuant to the authority of this section. The term does not include functions that are inherently governmental or otherwise exempted from private sector performance.’.(c) Limitation on Availability of Authority- The authority to acquire associated support services pursuant to section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as amended by this section, shall not take effect until the Secretary of Defense certifies to the congressional defense committees that the Secretary has developed and implemented an expedited review process in compliance with the requirements of section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4256; 10 U.S.C. 2302 note).
SEC. 865. REACH-BACK CONTRACTING AUTHORITY FOR OPERATION ENDURING FREEDOM AND OPERATION NEW DAWN.
- (a) Authority To Designate Lead Contracting Activity- The Under
Secretary of Defense for Acquisition, Technology, and Logistics may
designate a single contracting activity inside the United States to act
as the lead contracting activity with authority for use of domestic
capabilities in support of overseas contracting for Operation Enduring
Freedom and Operation New Dawn. The contracting activity so designated
shall be known as the ‘lead reach-back contracting authority’ for such
operations.
(b) Limited Authority for Use of Outside-the-United-States-thresholds- The head of the contracting authority designated pursuant to subsection (a) may, when awarding a contract inside the United States for performance in the theater of operations for Operation Enduring Freedom or Operation New Dawn, use the overseas increased micro-purchase threshold and the overseas increased simplified acquisition threshold in the same manner and to the same extent as if the contract were to be awarded and performed outside the United States.
(c) Definitions- In this section:
- (1) The
term ‘overseas increased micro-purchase threshold’ means the amount
specified in paragraph (1)(B) of section 1903(b) of title 41, United
States Code.
(2) The term ‘overseas increased simplified acquisition threshold’ means the amount specified in paragraph (2)(B) of section 1903(b) of title 41, United States Code.
SEC. 866. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN DEPARTMENT OF DEFENSE PLANNING DOCUMENTS.
- (a) Elements in QDR Reports to Congress- Section 118(d) of title 10, United States Code, is amended--
- (1) in paragraph (4)--
- (A) in subparagraph (D), by striking ‘and’ at the end;
(B) in subparagraph (E), by striking the period at the end and inserting ‘; and’; and
(C) by adding at the end the following new subparagraph:
‘(F) the roles and responsibilities that would be discharged by contractors.’;
(3) in paragraph (8), by inserting ‘, and the scope of contractor support,’ after ‘Defense Agencies’.
- (1) ASSESSMENTS UNDER CONTINGENCY PLANNING- Paragraph (3) of subsection (a) of section 153 of such title is amended--
- (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following new subparagraph (C):
‘(C) Identifying the support functions that are likely to require contractor performance under those contingency plans, and the risks associated with the assignment of such functions to contractors.’.(2) ASSESSMENTS UNDER ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET- Paragraph (4)(E) of such subsection is amended by inserting ‘and contractor support’ after ‘area of manpower’.
(3) ASSESSMENTS FOR BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY- Subsection (d) of such section is amended--
- (A) in paragraph (2), by adding at the end the following new subparagraph:
‘(I) Assessment of the requirements for contractor support of the armed forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the risks associated with such support.’; and
- (B) in
paragraph (3)(B), by striking ‘and the levels of support from allies and
other friendly nations’ and inserting ‘the levels of support from
allies and other friendly nations, and the levels of contractor
support’.
Subtitle E--Other Matters
SEC. 881. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
- (a) Extension of Availability- Section 1705(e)(6) of title 10,
United States Code, is amended by striking ‘under subsection (d)(2)’ and
inserting ‘(whether by credit in accordance with subsection (d)(2), by
transfer pursuant to subsection (d)(3), by direct appropriation, or by
deposit)’.
(b) Prospective Applicability- The amendment made by subsection (a) shall not apply to funds appropriated before the date of the enactment of this Act.
(c) Nature of Availability- Such section is further amended by striking ‘expenditure’ and inserting ‘obligation’.
SEC. 882. MODIFICATION OF DELEGATION OF AUTHORITY TO MAKE DETERMINATIONS ON ENTRY INTO COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO AND OTHER FRIENDLY ORGANIZATIONS AND COUNTRIES.
- Section 2350a(b)(2) of title 10, United States Code, is amended
by striking ‘and to one other official of the Department of Defense’ and
inserting ‘, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, and the Principal Deputy Under Secretary of
Defense for Acquisition, Technology, and Logistics’.
SEC. 883. RATE OF PAYMENT FOR AIRLIFT SERVICES UNDER THE CIVIL RESERVE AIR FLEET PROGRAM.
- (a) Rate of Payment-
- (1) IN GENERAL- Chapter 931 of
title 10, United States Code, is amended by inserting after section 9511
the following new section:
‘Sec. 9511a. Civil Reserve Air Fleet contracts: payment rate
‘(a) Authority- The Secretary of Defense shall determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet program. Such rate of payment shall be determined in accordance with--
‘(1) the methodology and ratemaking procedures in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012; and
‘(b) Regulations- The Secretary shall prescribe regulations for purposes of subsection (a). Such regulations shall include a process for modifying the ratemaking methodology referred to in paragraph (1) of that subsection. The Secretary may exclude from the applicability of such regulations any airlift services contract made through the use of competitive procedures.
‘(2) such other procedures as the Secretary may prescribe by regulation.
‘(c) Commitment of Aircraft as Business Factor- The Secretary may, in determining the quantity of business to be received under an airlift services contract for which the rate of payment is determined in accordance with subsection (a), use as a factor the relative amount of airlift capability committed by each air carrier to the Civil Reserve Air Fleet.
‘(d) Inapplicable Provisions of Law- An airlift services contract for which the rate of payment is determined in accordance with subsection (a) shall not be subject to the provisions of section 2306a of this title or to the provisions of subsections (a) and (b) of section 1502 of title 41.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 931 of such title is amended by inserting after the item relating to section 9511 the following new item:
(b) Initial Regulations- Regulations shall be prescribed under section 9511a(b) of title 10, United States Code (as added by subsection (a)), not later than 180 days after the date of the enactment of this Act.
‘9511a. Civil Reserve Air Fleet contracts: payment rate.’.
SEC. 884. CLARIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO PURCHASE RIGHT-HAND DRIVE PASSENGER SEDAN VEHICLES AND ADJUSTMENT OF THRESHOLD FOR INFLATION.
- (a) Clarification of Authority- Section 2253(a)(2) of title 10,
United States Code, is amended by striking ‘at a cost of not more than
$30,000 each’ and inserting ‘, but at a cost of not more than $40,000
each for passenger sedans’.
(b) Adjustment for Inflation- The Department of Defense representative to the Federal Acquisition Regulatory Council established under section 1302 of title 41, United States Code, shall ensure that the threshold established in section 2253 of title 10, United States Code, for the acquisition of right-hand drive passenger sedans is included on the list of dollar thresholds that are subject to adjustment for inflation in accordance with the requirements of section 1908 of title 41, United States Code, and is adjusted pursuant to such provision, as appropriate.
SEC. 885. EXTENSION AND EXPANSION OF SMALL BUSINESS PROGRAMS OF THE DEPARTMENT OF DEFENSE.
- (a) Extension of SBIR Program- Section 9(m)(2) of the Small
Business Act (15 U.S.C. 638(m)(2)) is amended by striking ‘September 30,
2010’ and inserting ‘September 30, 2018’.
(b) Extension of STTR Program- Section 9(n)(1)(A)(ii) of the Small Business Act (15 U.S.C. 638(n)(1)(A)(ii)) is amended by striking ‘2010’ and inserting ‘2018’.
(c) Extension and Expansion of Commercialization Pilot Program- Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended--
- (1)
in paragraphs (1), (2), and (4), by inserting ‘and the Small Business
Technology Transfer Program’ after ‘Small Business Innovation Research
Program’; and
(2) in paragraph (6), by striking ‘2010’ and inserting ‘2018’.
SEC. 886. THREE-YEAR EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS.
- (a) Three-year Extension- Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking ‘September 30, 2011’ and
inserting ‘September 30, 2014’.
(b) Additional Report- Subsection (f) of such section is amended by inserting ‘and March 1, 2012,’ after ‘March 1, 1994,’.
SEC. 887. FIVE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM.
- Section 831(j) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended--
- (1) in paragraph (1), by striking ‘September 30, 2010’ and inserting ‘September 30, 2015’; and
(2) in paragraph (2), by striking ‘September 30, 2013’ and inserting ‘September 30, 2018’.
SEC. 888. REPORT ON ALTERNATIVES FOR THE PROCUREMENT OF FIRE-RESISTANT AND FIRE-RETARDANT FIBER AND MATERIALS FOR THE PRODUCTION OF MILITARY PRODUCTS.
- (a) Findings- Congress makes the following findings:
- (1)
Vehicle and aircraft fires remain a significant force protection and
safety threat for the members of the Armed Forces, whether deployed in
support of ongoing military operations or while training for future
deployment.
(2) Since 2003, the United States Army Institute of Surgical Research, the sole burn center within the Department of Defense, has admitted and treated more than 800 combat casualties with burn injuries. The probability of this type of injury remains extremely high with continued operations in Iraq and the surge of forces into Afghanistan and the associated increase in combat operations.
(3) Advanced fiber products currently in use to protect first responders such as fire fighters and factory and refinery personnel in the United States steel and fuel refinery industries may provide greater protection against burn injuries to members of the Armed Forces.
- (1)
An identification of the fire-resistance or fire-retardant properties
or capabilities of fibers and materials (whether domestic or foreign)
currently used for the production of military products that require such
properties or capabilities (including include uniforms, protective
equipment, firefighting equipment, lifesaving equipment, and life
support equipment), and an assessment of the sufficiency, adequacy,
availability, and cost of such fibers and materials for that purpose.
(2) An identification of the fire-resistance or fire-retardant properties or capabilities of fibers and materials (whether domestic or foreign) otherwise available in the United States that are suitable for use in the production of military products that require such properties or capabilities, and an assessment of the sufficiency, adequacy, availability, and cost of such fibers and materials for that purpose.
SEC. 889. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH RESPECT TO EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.
- The Secretary of Defense shall--
- (1) redesignate the
Evolved Expendable Launch Vehicle program as a major defense acquisition
program not in the sustainment phase under section 2430 of title 10,
United States Code; or
(2) require the Evolved Expendable Launch Vehicle program--
- (A)
to provide to the congressional defense committees all information with
respect to the cost, schedule, and performance of the program that
would be required to be provided under sections 2431 (relating to
weapons development and procurement schedules), 2432 (relating to Select
Acquisition Reports, including updated program life-cycle cost
estimates), and 2433 (relating to unit cost reports) of title 10, United
States Code, with respect to the program if the program were designated
as a major defense acquisition program not in the sustainment phase;
and
(B) to provide to the Under Secretary of Defense for Acquisition, Technology, and Logistics--
- (i)
a quarterly cost and status report, commonly known as a Defense
Acquisition Executive Summary, which serves as an early-warning of
actual and potential problems with a program and provides for possible
mitigation plans; and
(ii) earned value management data that contains measurements of contractor technical, schedule, and cost performance.
SEC. 890. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL BASE FOR NIGHT VISION IMAGE INTENSIFICATION SENSORS.
- (a) Assessment Required- The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall undertake an assessment of
the current and long-term availability within the United States and
international industrial base of critical equipment, components,
subcomponents, and materials (including, but not limited to, lenses,
tubes, and electronics) needed to support current and future United
States military requirements for night vision image intensification
sensors. In carrying out the assessment, the Secretary shall--
- (1)
identify items in connection with night vision image intensification
sensors that the Secretary determines are critical to military
readiness, including key components, subcomponents, and materials;
(2) describe and perform a risk assessment of the supply chain for items identified under paragraph (1) and evaluate the extent to which--
- (A) the supply chain for such items could be disrupted by a loss of industrial capability in the United States; and
(B) the industrial base obtains such items from foreign sources; and
(4) identify and assess current strategies to leverage innovative night vision image intensification technologies being pursued in both Department of Defense laboratories and the private sector for the next generation of night vision capabilities, including an assessment of the competitiveness and technological advantages of the United States night vision image intensification industrial base.
SEC. 891. IMPLEMENTATION OF ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE LAUNCH VEHICLE.
- (a) In General- The Secretary of Defense shall submit, with the
budget justification materials submitted to Congress in support of the
budget of the Department of Defense for fiscal year 2013 (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code), the following information:
- (1) A
description of how the strategy of the Department to acquire space
launch capability under the Evolved Expendable Launch Vehicle program
implements each of the recommendations included in the Report of the
Government Accountability Office on the Evolved Expendable Launch
Vehicle, dated September 15, 2011 (GAO-11-641).
(2) With respect to any such recommendation that the Department does not implement, an explanation of how the Department is otherwise addressing the deficiencies identified in that report.
SEC. 892. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON THE DEFENSE INDUSTRIAL BASE.
- (a) In General- Not later than October 1, 2012, the Department of
Defense shall submit to the appropriate congressional committees a
report setting forth an assessment of the impact of foreign boycotts on
the defense industrial base.
(b) Element- The report required by subsection (a) shall include a summary of foreign boycotts that posed a material risk to the defense industrial base from January 2008 to the date of the enactment of this Act.
(c) Definitions- In this section:
- (1)
FOREIGN BOYCOTT- The term ‘foreign boycott’ means any policy or
practice adopted by a foreign government or foreign business enterprise
intended to penalize, disadvantage, or harm any contractor or
subcontractor of the Department of Defense on account of the provision
by that contractor or subcontractor of any product or service to the
Department.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--
- (A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION OF DEPUTY SECRETARY OF DEFENSE.
- Section 132(a) of title 10, United States Code, is amended by
inserting after the first sentence the following new sentence: ‘The
Deputy Secretary shall be appointed from among persons most highly
qualified for the position by reason of background and experience,
including persons with appropriate management experience.’.
SEC. 902. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR AIRSHIP PROGRAMS.
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall--
- (1)
designate a senior official of the Department of Defense as the
official with principal responsibility for the airship programs of the
Department; and
(2) set forth the responsibilities of that senior official with respect to such programs.
SEC. 903. MEMORANDA OF AGREEMENT ON SYNCHRONIZATION OF ENABLING CAPABILITIES OF GENERAL PURPOSE FORCES WITH THE REQUIREMENTS OF SPECIAL OPERATIONS FORCES.
- By not later than 180 days after the date of the enactment of
this Act, each Secretary of a military department shall enter into a
memorandum of agreement with the Commander of the United States Special
Operations Command establishing procedures by which the availability of
the enabling capabilities of the general purpose forces of the Armed
Forces under the jurisdiction of such Secretary will be synchronized
with the training and deployment cycle of special operations forces
under the United States Special Operations Command.
SEC. 904. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
- (a) In General- Chapter 901 of title 10, United States Code, is
amended by inserting after section 9314a the following new section:
‘Sec. 9314b. United States Air Force Institute of Technology: administration
‘(a) Commandant-
‘(1) SELECTION- The Commandant of the United States Air Force Institute of Technology shall be selected by the Secretary of the Air Force.
‘(b) Provost and Academic Dean-
‘(2) ELIGIBILITY- The Commandant shall be one of the following:
‘(A) An officer of the Air Force on active duty in a grade not below the grade of colonel who possesses such qualifications as the Secretary considers appropriate and is assigned or detailed to such position.
‘(3) TERM FOR CIVILIAN COMMANDANT- An individual selected for the position of Commandant under paragraph (2)(B) shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years.
‘(B) A member of the Senior Executive Service or a civilian individual, including an individual who was retired from the Air Force in a grade not below brigadier general, who has the qualifications appropriate for the position of Commandant and is selected by the Secretary as the best qualified from among candidates for the position in accordance with a process and criteria determined by the Secretary.
‘(1) IN GENERAL- There is established at the United States Air Force Institute of Technology the civilian position of Provost and Academic Dean who shall be appointed by the Secretary.
(b) Clerical Amendment- The table of sections at the beginning of chapter 901 of such title is amended by inserting after the item relating to section 9314a the following new item:
‘(2) TERM- An individual appointed to the position of Provost and Academic Dean shall serve in that position for a term of five years.
‘(3) COMPENSATION- The individual serving as Provost and Academic Dean is entitled to such compensation for such service as the Secretary shall prescribe for purposes of this section, but not more than the rate of compensation authorized for level IV of the Executive Schedule.’.
‘9314b. United States Air Force Institute of Technology: administration.’.
SEC. 905. DEFENSE LABORATORY MATTERS.
- (a) Repeal of Sunset on Direct Hire Authority at Personnel
Demonstration Laboratories- Section 1108 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 1580 prec.
note) is amended by striking subsection (e).
(b) Repeal of Sunset on Mechanisms To Provide Funds for Laboratories for Research and Development of Technologies for Military Missions- Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended by striking subsection (c).
(c) Repeal of Sunset on Authority for Unspecified Minor Military Construction for Laboratory Revitalization- Section 2805(d) of title 10, United States Code, is amended by striking paragraph (5).
(d) Assessment of Military Construction Required for Laboratory Revitalization and Recapitalization-
- (1)
ASSESSMENT REQUIRED- The Secretary of Defense shall conduct an
assessment of the current requirements of the defense laboratories for
the revitalization and recapitalization of their infrastructure in order
to identity required military construction.
(2) ELEMENTS- The assessment required by paragraph (1) shall--
- (A)
identify the military construction requirements of the defense
laboratories described in paragraph (1) that cannot be met by current
authorities for unspecified minor military construction; and
(B) establish for each Armed Force a prioritized list of military construction projects to meet the requirements described in subparagraph (A), and identify among the projects so listed each project previously submitted to a military construction review panel and the length of time such project has remained unaddressed.
- (A)
STATUS REPORT- Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report describing the current status of the assessment
required by paragraph (1).
(B) FINAL REPORT- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the assessment. The report shall set forth the following:
- (i) The results of the assessment.
(ii) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the assessment.
SEC. 906. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NON-UNITED STATES CITIZENS WITH SCIENTIFIC AND TECHNICAL EXPERTISE VITAL TO THE NATIONAL SECURITY INTERESTS.
- (a) Assessment Required- The Secretary of Defense shall conduct
an assessment of current and potential mechanisms to permit the
Department of Defense to employ non-United States citizens with critical
scientific and technical skills that are vital to the national security
interests of the United States.
(b) Elements- The assessment required by subsection (a) shall include the following:
- (1)
An identification of the critical scientific and technical skills that
are vital to the national security interests of the United States and
are anticipated to be in short supply over the next 10 years, and an
identification of the military positions and civilian positions of the
Department of Defense that require such skills.
(2) An identification of mechanisms and incentives for attracting persons who are non-United States citizens with such skills to such positions, including the expedited extension of United States citizenship.
(3) An identification and assessment of any concerns associated with the provision of security clearances to such persons.
(4) An identification and assessment of any concerns associated with the employment of such persons in civilian positions in the United States defense industrial base, including in positions in which United States citizenship, a security clearance, or both are a condition of employment.
- (1) STATUS REPORT- Not
later than 180 days after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense committees a report
describing the current status of the assessment required by subsection
(a).
(2) FINAL REPORT- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the assessment. The report shall set forth the following:
- (A) The results of the assessment.
(B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the assessment.
SEC. 907. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION IN DEPARTMENT OF DEFENSE ACTIVITIES.
- It is the sense of Congress to encourage the Department of
Defense to continue the use and enhancement of modeling and simulation
(M&S) across the spectrum of defense activities, including
acquisition, analysis, experimentation, intelligence, planning, medical,
test and evaluation, and training.
SEC. 908. SENSE OF CONGRESS ON TIES BETWEEN JOINT WARFIGHTING AND COALITION CENTER AND ALLIED COMMAND TRANSFORMATION OF NATO.
- It is the sense of Congress that the successor organization to
the United States Joint Forces Command (USJFCOM), the Joint Warfighting
and Coalition Center, should establish close ties with the Allied
Command Transformation (ACT) command of the North Atlantic Treaty
Organization (NATO).
SEC. 909. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF PERSONNEL AT THE JOINT WARFARE ANALYSIS CENTER ON PERSONNEL SKILLS.
- 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 setting forth a description and assessment of the
effects of planned reductions of personnel at the Joint Warfare Analysis
Center (JWAC) on the personnel skills to be available at the Center
after the reductions. The report shall be in unclassified form, but may
contain a classified annex.
Subtitle B--Space Activities
SEC. 911. COMMERCIAL SPACE LAUNCH COOPERATION.
- (a) In General- Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:
‘Sec. 2275. Commercial space launch cooperation
‘(a) Authority- The Secretary of Defense may, to assist the Secretary of Transportation in carrying out responsibilities set forth in titles 49 and 51 with respect to private sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure, take such actions as the Secretary considers to be in the best interests of the Federal Government to do the following:
‘(1) Maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States.
‘(b) Authority for Contracts and Other Agreements Relating to Space Transportation Infrastructure- The Secretary of Defense--
‘(2) Maximize the effectiveness and efficiency of the space transportation infrastructure of the Department of Defense.
‘(3) Reduce the cost of services provided by the Department of Defense related to space transportation infrastructure at launch support facilities and space recovery support facilities.
‘(4) Encourage commercial space activities by enabling investment in the space transportation infrastructure of the Department of Defense by covered entities.
‘(5) Foster cooperation between the Department of Defense and covered entities.
‘(1) may enter into a contract or other agreement with a covered entity to provide to the covered entity support and services related to the space transportation infrastructure of the Department of Defense; and
‘(c) Contributions-
‘(2) upon the request of that covered entity, may include such support and services in the space launch and reentry range support requirements of the Department of Defense if--
‘(A) the Secretary determines that the inclusion of such support and services in such requirements--
‘(i) is in the best interests of the Federal Government;
‘(B) any commercial requirement included in a contract or other agreement entered into under this subsection has full non-Federal funding before the execution of the contract or other agreement.
‘(ii) does not interfere with the requirements of the Department of Defense; and
‘(iii) does not compete with the commercial space activities of other covered entities, unless that competition is in the national security interests of the United States; and
‘(1) IN GENERAL- The Secretary of Defense may enter into contracts or other agreements with covered entities on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section.
‘(d) Defense Cooperation Space Launch Account-
‘(2) USE OF CONTRIBUTIONS- Any funds, services, or equipment accepted by the Secretary under this subsection--
‘(A) may be used only for the objectives specified in this section in accordance with terms of use set forth in the contract or other agreement entered into under this subsection; and
‘(3) REQUIREMENTS WITH RESPECT TO AGREEMENTS- A contract or other agreement entered into under this subsection shall address terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the contract or other agreement.
‘(B) shall be managed by the Secretary in accordance with regulations of the Department of Defense.
‘(1) ESTABLISHMENT- There is established in the Treasury of the United States a special account to be known as the ‘Defense Cooperation Space Launch Account’.
‘(e) Annual Report- Not later than January 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the funds, services, and equipment accepted and used by the Secretary under this section during the previous fiscal year.
‘(2) CREDITING OF FUNDS- Funds received by the Secretary of Defense under subsection (c) shall be credited to the Defense Cooperation Space Launch Account and shall be available until expended without further authorization or appropriation only for the objectives specified in this section.
‘(f) Definitions- In this section:
‘(1) COVERED ENTITY- The term ‘covered entity’ means a non-Federal entity that--
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
‘(A) is organized under the laws of the United States or of any jurisdiction within the United States; and
‘(2) LAUNCH SUPPORT FACILITIES- The term ‘launch support facilities’ has the meaning given that term in section 50501(7) of title 51.
‘(B) is engaged in commercial space activities.
‘(3) SPACE RECOVERY SUPPORT FACILITIES- The term ‘space recovery support facilities’ has the meaning given that term in section 50501(11) of title 51.
‘(4) SPACE TRANSPORTATION INFRASTRUCTURE- The term ‘space transportation infrastructure’ has the meaning given that term in section 50501(12) of title 51.’.
‘2275. Commercial space launch cooperation.’.
(c) Regulations- The Secretary of Defense shall prescribe regulations relating to the activities of the Department of Defense under section 2275 of title 10, United States Code, as added by subsection (a).
SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF SPACE VEHICLES AS MAJOR SUBPROGRAMS SUBJECT TO ACQUISITION REPORTING REQUIREMENTS.
- Section 2430a(a)(1) of title 10, United States Code, is amended--
- (1) by inserting ‘(A)’ before ‘If the Secretary of Defense determines’; and
(2) by adding at the end the following new subparagraph:
‘(B) If the Secretary of Defense determines that a major defense acquisition program to purchase space vehicles requires the delivery of space vehicles in two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this chapter.’.
SEC. 913. REVIEW TO IDENTIFY INTERFERENCE WITH NATIONAL SECURITY GLOBAL POSITIONING SYSTEM RECEIVERS BY COMMERCIAL COMMUNICATIONS SERVICES.
- (a) Sense of Congress- It is the sense of Congress that--
- (1)
the reliable provision of precision navigation and timing signals by
Global Positioning System satellites owned and operated by the
Department of Defense is critical to the economy, public health and
safety, and the national security of the United States;
(2) any interference with the signals of the Global Positioning System satellites or the various receivers that use those signals would be extraordinarily disruptive; and
(3) the Federal Communications Commission should ensure that the signals of Global Positioning System satellites can be received without interruption or interference.
- (1)
to assess the ability of national security Global Positioning System
receivers to receive the signals of Global Positioning System satellites
without interruption or interference; and
(2) to determine if commercial communications services are causing or will cause widespread or harmful interference with national security Global Positioning System receivers.
- (1) IN
GENERAL- If the Secretary determines under subsection (b)(2) that
commercial communications services are causing or will cause widespread
or harmful interference with national security Global Positioning System
receivers, the Secretary shall promptly submit to the congressional
defense committees a report notifying those committees of the
interference.
(2) ELEMENTS- The report required by paragraph (1) shall include the following:
- (A)
A list and description of the national security Global Positioning
System receivers that are being or are expected to be interfered with by
commercial communications services.
(B) A description of the source of, and the entity causing or expected to cause, the interference with those receivers.
(C) A description of the manner in which that source or entity is causing or is expected to cause the interference.
(D) A description of the magnitude of harm caused or expected to be caused by the interference.
(E) A description of the duration of and the conditions and circumstances under which the interference is occurring or is expected to occur.
(F) A description of the impact of the interference on the national security interests of the United States.
(G) A description of the plans of the Secretary to address, alleviate, or mitigate the interference or the harm caused or expected to be caused by the interference.
- (1) the date that is 2 years after the date of the enactment of this Act; or
(2) the date on which the Secretary--
- (A)
determines that there is no widespread or harmful interference with
national security Global Positioning System receivers by commercial
communication services; and
(B) notifies the congressional defense committees of that determination.
Subtitle C--Intelligence Matters
SEC. 921. EXPANSION OF AUTHORITY FOR EXCHANGES OF MAPPING, CHARTING, AND GEODETIC DATA TO INCLUDE NONGOVERNMENTAL ORGANIZATIONS AND ACADEMIC INSTITUTIONS.
- (a) Broadening of Authority- Section 454 of title 10, United States Code, is amended--
- (1) by inserting ‘(a) Foreign Countries and International Organizations- ’ before ‘The Secretary of Defense’; and
(2) by adding at the end the following new subsection:
‘(b) Nongovernmental Organizations and Academic Institutions- The Secretary may authorize the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies, and services relating to areas outside of the United States to a nongovernmental organization or an academic institution engaged in geospatial information research or production of such areas pursuant to an agreement for the production or exchange of such data.’.(b) Conforming Amendments-
- (1) SECTION HEADING- The heading of such section is amended to read as follows:
‘Sec. 454. Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions’.
- (2) TABLE OF SECTIONS- The table of sections at
the beginning of subchapter II of chapter 22 of such title is amended by
striking the item relating to section 454 and inserting the following
new item:
‘454. Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions.’.
SEC. 922. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL OPERATIONS ACTIVITIES ABROAD.
- Section 2682 of title 10, United States Code, is amended--
- (1) by inserting ‘(a) Maintenance and Repair- ’ before ‘The maintenance and repair’;
(2) by designating the second sentence as subsection (b), realigning such subsection so as to be indented two ems from the left margin, and inserting ‘Jurisdiction- ’ before ‘A real property facility’; and
(3) by adding at the end the following new subsection:
‘(c) Facilities for Intelligence Collection or for Special Operations Abroad- The Secretary of Defense may maintain and repair, and may exercise jurisdiction over, a real property facility if necessary to provide security for authorized intelligence collection or special operations activities abroad undertaken by the Department of Defense.’.
SEC. 923. OZONE WIDGET FRAMEWORK.
- (a) Mechanism for Internet Publication of Information for
Development of Analysis Tools and Applications- The Director of the
Defense Information Systems Agency shall implement a mechanism to
publish and maintain on the public Internet the Application Programming
Interface specifications, a developer’s toolkit, source code, and such
other information on, and resources for, the Ozone Widget Framework
(OWF) as the Director considers necessary to permit individuals and
companies to develop, integrate, and test analysis tools and
applications for use by the Department of Defense and the elements of
the intelligence community.
(b) Process for Voluntary Contribution of Improvements by Private Sector- In addition to the requirement under subsection (a), the Director shall also establish a process by which private individuals and companies may voluntarily contribute the following:
- (1) Improvements to the source code and documentation for the Ozone Widget Framework.
(2) Alternative or compatible implementations of the published Application Programming Interface specifications for the Framework.
SEC. 924. PLAN FOR INCORPORATION OF ENTERPRISE QUERY AND CORRELATION CAPABILITY INTO THE DEFENSE INTELLIGENCE INFORMATION ENTERPRISE.
- (a) Plan Required-
- (1) IN GENERAL- The Under Secretary
of Defense for Intelligence shall develop a plan for the incorporation
of an enterprise query and correlation capability into the Defense
Intelligence Information Enterprise (D2IE).
(2) ELEMENTS- The plan required by paragraph (1) shall--
- (A)
include an assessment of all the current and planned advanced query and
correlation systems which operate on large centralized databases that
are deployed or to be deployed in elements of the Defense Intelligence
Information Enterprise; and
(B) determine where duplication can be eliminated, how use of these systems can be expanded, whether these systems can be operated collaboratively, and whether they can and should be integrated with the enterprisewide query and correlation capability required pursuant to paragraph (1).
- (1)
IN GENERAL- The Under Secretary shall conduct a pilot program to
demonstrate an enterprisewide query and correlation capability through
the Defense Intelligence Information Enterprise program.
(2) PURPOSE- The purpose of the pilot program shall be to demonstrate the capability of an enterprisewide query and correlation system to achieve the following:
- (A) To conduct complex, simultaneous queries by
a large number of users and analysts across numerous, large distributed
data stores with response times measured in seconds.
(B) To be scaled up to operate effectively on all the data holdings of the Defense Intelligence Information Enterprise.
(C) To operate across multiple levels of security with data guards.
(D) To operate effectively on both unstructured data and structured data.
(E) To extract entities, resolve them, and (as appropriate) mask them to protect sources and methods, privacy, or both.
(F) To control access to data by means of on-line electronic user credentials, profiles, and authentication.
(d) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--
- (1)
the Committee on Armed Services, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
Subtitle D--Cybersecurity Matters
SEC. 931. STRATEGY TO ACQUIRE CAPABILITIES TO DETECT PREVIOUSLY UNKNOWN CYBER ATTACKS.
- (a) In General- The Secretary of Defense shall develop and
implement a plan to augment the cybersecurity strategy of the Department
of Defense through the acquisition of advanced capabilities to discover
and isolate penetrations and attacks that were previously unknown and
for which signatures have not been developed for incorporation into
computer intrusion detection and prevention systems and anti-virus
software systems.
(b) Capabilities-
- (1) NATURE OF CAPABILITIES- The capabilities to be acquired under the plan required by subsection (a) shall--
- (A)
be adequate to enable well-trained analysts to discover the
sophisticated attacks conducted by nation-state adversaries that are
categorized as ‘advanced persistent threats’;
(B) be appropriate for--
- (i) endpoints or hosts;
(ii) network-level gateways operated by the Defense Information Systems Agency where the Department of Defense network connects to the public Internet; and
(iii) global networks owned and operated by private sector Tier 1 Internet Service Providers;
- (i) automatic blocking of unauthorized software programs and accepting approved and vetted programs;
(ii) constant monitoring of all key computer attributes, settings, and operations (such as registry keys, operations running in memory, security settings, memory tables, event logs, and files); and
(iii) automatic baselining and remediation of altered computer settings and files;
- (i) increasing the number and
skill level of the analysts assigned to query stored data, whether by
contracting for security services, hiring and training Government
personnel, or both; and
(ii) increasing the capacity of the system to handle the rates for data flow through the gateways and the storage requirements specified by the United States Cyber Command; and
(d) Provision for Capability Demonstrations- The plan required by subsection (a) shall provide for the conduct of demonstrations, pilot projects, and other tests on cyber test ranges and operational networks in order to determine and verify that the capabilities to be acquired pursuant to the plan are effective, practical, and affordable.
(e) Report- Not later than April 1, 2012, the Secretary shall submit to the congressional defense committees a report on the plan required by subsection (a). The report shall set forth the plan and include a comprehensive description of the actions being undertaken by the Department to implement the plan.
SEC. 932. PROGRAM IN SUPPORT OF DEPARTMENT OF DEFENSE POLICY ON SUSTAINING AND EXPANDING INFORMATION SHARING.
- (a) Program Required- The Secretary of Defense shall carry out a
program to support the policy of the Department of Defense on sustaining
and expanding information sharing which program shall provide for the
adoption and improvement of technical and procedural capabilities to
detect and prevent personnel without authorization from acquiring and
exporting information from classified networks.
(b) Capabilities- Options for the technical and procedural capabilities to be adopted and improved under the program required by subsection (a) shall include, but not be limited to, capabilities for the following:
- (1) Disabling the removable media ports of computers, whether physically or electronically.
(2) In the case of computers authorized to write to removable media, requiring systems administrator approval for transfers of data.
(3) Electronic monitoring and reporting of compliance with policies on downloading of information to removable media, and of attempts to circumvent such policies.
(4) Using public-key infrastructure-based identity authentication and user profiles to control information access and use.
(5) Electronic auditing and reporting of user activities to deter and detect unauthorized activities.
(6) Using data-loss-prevention and data-rights management technology to prevent the unauthorized export of information from a network or to render the information unusable in the event of unauthorized export.
(7) Appropriately implementing and integrating such capabilities to enable efficient management and operations, and effective protection of information, without impairing the work of analysts and users of networks.
- (1) shall take into account
that the prevention of security breaches from personnel operating from
inside Department networks substantially overlaps with the prevention of
cyber attacks (including prevention of theft of information and
intellectual property and the destruction of information and network
functionality); and
(2) should make decisions about the utility and affordability of capabilities under subsection (b) for purposes of the program in full contemplation of the broad range of cybersecurity challenges facing the Department.
- (1) The amount requested for such fiscal year for the program.
(2) A description of the objectives and scope of the program for such fiscal year, including management objectives and program milestones and performance metrics for such fiscal year.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
- (a) Authority To Transfer Authorizations-
- (1)
AUTHORITY- Upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of Defense
in this division for fiscal year 2012 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available for
the same purposes as the authorization to which transferred.
(2) LIMITATION- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS- A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
- (1)
may only be used to provide authority for items that have a higher
priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been denied authorization by Congress.
(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a).
SEC. 1002. DEFENSE BUSINESS SYSTEMS.
- (a) Availability of Funds for Defense Business System Programs-
- (1) CONDITIONS FOR OBLIGATION- Subsection (a) of section 2222 of title 10, United States Code, is amended to read as follows:
‘(a) Conditions for Obligation of Funds for Covered Defense Business System Programs- Appropriated and nonappropriated funds available to the Department of Defense may not be obligated for a covered defense business system program unless--(b) Enterprise Architecture-
‘(1) the appropriate chief management officer for the defense business system program has--
‘(A) determined that--
‘(2) the determination or waiver of the chief management officer under paragraph (1) has been reviewed, approved, and certified by an appropriate investment review board established under subsection (g); and
‘(i) the defense business system program is in compliance with the enterprise architecture developed under subsection (c); and
‘(B) waived the requirement in subparagraph (A) on the basis of a determination by the chief management officer that--
‘(ii) appropriate business process reengineering efforts have been undertaken to ensure that--
‘(I) the business process to be supported by the defense business system program will be as streamlined and efficient as practicable; and
‘(II) the need to tailor commercial-off-the-shelf systems to meet unique requirements or incorporate unique interfaces has been eliminated or reduced to the maximum extent practicable; or
‘(i) the defense business system program is necessary to achieve a critical national security capability or address a critical requirement in an area such as safety or security; or
‘(ii) the defense business system program is necessary to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration the alternative solutions for preventing such adverse effect;
‘(3) the certification by the investment review board under paragraph (2) has been approved by the Defense Business Systems Management Committee.’.
(2) TREATMENT OF CERTAIN OBLIGATIONS OF FUNDS- Subsection (b) of such section is amended by striking ‘business system’ and all that follows through ‘such subsection’ and inserting ‘covered defense business system program that has not been certified or approved in accordance with subsection (a)’.
- (1) IN GENERAL- Subsection (c) of such section is amended--
- (A)
in paragraph (1), by inserting ‘, known as the defense business
enterprise architecture,’ after ‘an enterprise architecture’; and
(B) in paragraph (2), by striking ‘the enterprise architecture for defense business systems’ and inserting ‘the defense business enterprise architecture’.
- (A) in paragraph (1)--
- (i) in subparagraph (A), by striking ‘all’ and inserting ‘applicable law, including’; and
(ii) in subparagraph (B), by inserting ‘business and’ before ‘financial information’;
(C) by adding at the end the following new paragraph:
‘(3) A target systems environment, aligned to the business enterprise architecture, for each of the major business processes conducted by the Department of Defense, as determined by the Chief Management Officer of the Department of Defense.’.(3) TRANSITION PLAN- Subsection (e) of such section is amended--
- (A) in paragraph (1)--
- (i) in subparagraph (A), by striking ‘The acquisition strategy for’ and inserting ‘A listing of the’; and
(ii) in subparagraph (B)--
- (I) by striking ‘defense business systems as of December 2, 2002’ and inserting ‘existing defense business systems’; and
(II) by striking the comma before ‘that will’; and
- (1) by striking all the matter preceding subparagraph (A) of paragraph (1) and inserting the following:
‘(f) Designation of Senior Officials and Chief Management Officers- (1) For purposes of subsection (g), the appropriate senior Department of Defense official for the functions and activities supported by a covered defense business system is as follows:’;
- (2) in such paragraph (1), as so amended--
- (A) by striking ‘shall be responsible and accountable for’ each place it appears and inserting ‘, in the case of’;
(B) in subparagraph (D), by striking ‘Assistant Secretary of Defense for Networks and Information Integration and the’; and
(C) in subparagraph (E), by striking ‘Deputy Secretary of Defense’ and all that follows through ‘responsible for’ and inserting ‘Deputy Chief Management Officer of the Department of Defense, in the case of’; and
- (A) in the matter preceding subparagraph (A)--
- (i) by striking ‘subsection (a)’ and inserting ‘subsections (a) and (g)’; and
(ii) by striking ‘modernization’ and inserting ‘program’;
(C) in subparagraph (E), by inserting ‘the designee of’ before ‘the Deputy Chief Management Officer’.
- (1) by striking paragraph (1) and inserting the following new paragraph (1):
‘(1) The Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall establish, by not later than March 15, 2012, an investment review board and investment management process, consistent with section 11312 of title 40, to review the planning, design, acquisition, development, deployment, operation, maintenance, modernization, and project cost benefits and risks of covered defense business system programs. The investment review process so established shall specifically address the requirements of subsection (a).’; and
- (2) in paragraph (2)--
- (A) in the matter preceding subparagraph (A), by striking ‘systems’ and inserting ‘system programs’;
(B) in subparagraph (A), by striking ‘defense business system’ and all that follows through ‘as an investment’ and inserting ‘covered defense business system program, in accordance with the requirements of subsection (a),’;
(C) in subparagraph (B), by striking ‘every defense business system’ and all that follows and inserting ‘covered defense business system programs, grouped in portfolios of defense business systems;’;
(D) by striking subparagraph (C) and inserting the following new subparagraph (C):
‘(C) Representation on each investment review board by appropriate officials from among the Office of the Secretary of Defense, the armed forces, the combatant commands, the Joint Chiefs of Staff, and the Defense Agencies, including representatives of each of the following:
‘(i) The appropriate chief management officer for the defense business system under review.
‘(ii) The appropriate senior Department of Defense official for the functions and activities supported by the defense business system under review.
‘(iii) The Chief Information Officer of the Department of Defense.’; and
(E) in subparagraph (D), by striking ‘investments’ and inserting ‘programs’.
- (1) in paragraph (1), by inserting ‘program’ after ‘defense business system’;
(2) in paragraph (2)--
- (A) in the matter preceding subparagraph (A), by striking ‘such system’ and inserting ‘such program’; and
(B) in subparagraph (A), by striking ‘the system’ and inserting ‘the system covered by such program’;
‘(3) For each such program, an identification of the appropriate chief management officer and senior Department of Defense official designated under subsection (f).’; and(4) in paragraph (4), by striking ‘such system’ both places it appears and inserting ‘such program’.
- (1) in the matter preceding paragraph (1)--
- (A) by striking ‘2005 through 2013’ and inserting ‘2012 through 2016’;
(B) by striking the second sentence; and
(C) by striking ‘Subsequent reports’ and inserting ‘Each report’;
(3) by striking paragraph (3) and inserting the following new paragraph (3):
‘(3) identify any covered defense business system program for which a waiver was granted under subsection (a)(1)(B) during the preceding fiscal year, and set forth the reasons for each such waver; and’; and(4) in paragraph (4), by striking ‘modernization efforts’ and inserting ‘programs’.
- (1) by striking paragraphs (1) and (3);
(2) by redesignating paragraphs (2), (4), (5), and (6) as paragraphs (1), (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1), as redesignated by paragraph (2) of this subsection, the following new paragraph (2):
‘(2) The term ‘covered defense business system program’ means any program as follows:
‘(A) A program for the acquisition or development of a new defense business system with a total cost in excess of $1,000,000.
‘(B) A program for any significant modification or enhancement of an existing defense business system with a total cost in excess of $1,000,000.
‘(C) A program for the operation and maintenance of an existing defense business system, if the estimated cost of operation and maintenance of such system exceeds $1,000,000 over the period of the current future-years defense program submitted to Congress under section 221 of this title.’.
SEC. 1003. MODIFICATION OF AUTHORITIES ON CERTIFICATION AND CREDENTIAL STANDARDS FOR FINANCIAL MANAGEMENT POSITIONS IN THE DEPARTMENT OF DEFENSE.
- (a) In General- Section 1599d of title 10, United States Code, is amended to read as follows:
‘Sec. 1599d. Financial management positions: authority to prescribe professional certification and credential standards
‘(a) Authority To Prescribe Professional Certification and Credential Standards- The Secretary of Defense may prescribe professional certification and credential standards for financial management positions within the Department of Defense, including requirements for formal education and requirements for certifications that individuals have met predetermined qualifications set by an agency of Government or by an industry or professional group. Any such professional certification or credential standard shall be prescribed as a Department regulation.
‘(b) Waiver- The Secretary may waive any standard prescribed under subsection (a) whenever the Secretary determines such a waiver to be appropriate.
‘(c) Applicability- (1) Except as provided in paragraph (2), the Secretary may, in the Secretary’s discretion--
‘(A) require that a standard prescribed under subsection (a) apply immediately to all personnel holding financial management positions designated by the Secretary; or
‘(2) A formal education requirement prescribed under subsection (a) shall not apply to any person employed by the Department in a financial management position before the standard is prescribed.
‘(B) delay the imposition of such a standard for a reasonable period to permit persons holding financial management positions so designated time to comply.
‘(d) Discharge of Authority- The Secretary shall prescribe any professional certification or credential standards under subsection (a) through the Under Secretary of Defense (Comptroller), in consultation with the Under Secretary of Defense for Personnel and Readiness.
‘(e) Reports- Not later than one year after the effective date of any regulations prescribed under subsection (a), or any significant modification of such regulations, the Secretary shall, in conjunction with the Director of the Office of Personnel Management, submit to Congress a report setting forth the plans of the Secretary to provide training to appropriate Department personnel to meet any new professional certification or credential standard under such regulations or modification.
‘(f) Financial Management Position Defined- In this section, the term ‘financial management position’ means a position or group of positions (including civilian and military positions), as designated by the Secretary for purposes of this section, that perform, supervise, or manage work of a fiscal, financial management, accounting, auditing, cost or budgetary nature, or that require the performance of financial management related work.’.
(b) Clerical Amendment- The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 1599d and inserting the following new item:
‘1599d. Financial management positions: authority to prescribe professional certification and credential standards.’.
SEC. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE PROTECTION AGREEMENTS.
- (a) In General- Section 5(b) of the Act of May 27, 1955 (chapter
105; 69 Stat. 67; 42 U.S.C. 1856d(b)), is amended to read as follows:
‘(b) Notwithstanding subsection (a), all sums received as reimbursements for costs incurred by any Department of Defense activity for fire protection rendered pursuant to this Act shall be credited to the same appropriation or fund from which the expenses were paid or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund that is currently available to the activity for the same purpose. Amounts so credited shall be subject to the same provisions and restrictions as the appropriation or account to which credited.’.(b) Applicability- The amendment made by subsection (a) shall apply with respect to reimbursements for expenditures of funds appropriated after the date of the enactment of this Act.
SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF DEPARTMENT OF DEFENSE.
- Section 1003(a)(2)(A)(ii) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C.
2222 note) is amended by inserting ‘, and that a complete and validated
full statement of budget resources is ready by not later than September
30, 2014’ after ‘validated as ready for audit by not later than
September 30, 2017’.
SEC. 1006. PLAN TO ENSURE AUDIT READINESS OF STATEMENTS OF BUDGETARY RESOURCES.
- (a) Planning Requirement- The report to be issued pursuant to
section 1003(b) of the National Defense Authorization Act for 2010
(Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222 note) and provided by
not later than May 15, 2012, shall include a plan, including interim
objectives and a schedule of milestones for each military department and
for the defense agencies, to ensure that the statement of budgetary
resources of the Department of Defense meets the goal established by the
Secretary of Defense of being validated for audit by not later than
September 30, 2014. Consistent with the requirements of such section,
the plan shall ensure that the actions to be taken are systemically tied
to process and control improvements and business systems modernization
efforts necessary for the Department to prepare timely, reliable, and
complete financial management information on a repeatable basis.
(b) Semiannual Updates- The reports to be issued pursuant to such section after the report described in subsection (a) shall update the plan required by such subsection and explain how the Department has progressed toward meeting the milestones established in the plan.
Subtitle B--Counter-Drug Activities
SEC. 1011. FIVE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.
- (a) Five-year Extension- Subsection (a) of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374
note) is amended by striking ‘During fiscal years 2002 through 2011’ and
inserting ‘Until September 30, 2016’.
(b) Coverage of Tribal Law Enforcement Agencies-
- (1) IN GENERAL- Such section is further amended--
- (A) in subsection (a)--
- (i) in the matter preceding paragraph (1), by inserting ‘tribal,’ after ‘local,’; and
(ii) in paragraph (2), by striking ‘State or local’ both places it appears and insert ‘State, local, or tribal’; and
- (i) in paragraph (1), by striking ‘State or local’ and inserting ‘State, local, or tribal’;
(ii) in paragraph (4), by striking ‘State, or local’ and inserting ‘State, local, or tribal’; and
(iii) in paragraph (5), by striking ‘State and local’ and inserting ‘State, local, and tribal’.
‘(i) Definitions Relating to Tribal Governments- In this section:
‘(1) The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
‘(2) The term ‘tribal government’ means the governing body of an Indian tribe.’.
SEC. 1012. FIVE-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
- (a) In General- Subsection (a)(2) of section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1014(a) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4337), is further amended by striking ‘2012’ and
inserting ‘2017’.
(b) Maximum Amount of Support- Section (e)(2) of such section, as so amended, is further amended--
- (1) by striking ‘$75,000,000’ and inserting ‘$100,000,000’; and
(2) by striking ‘2012’ and inserting ‘2017’.
‘(23) Government of Benin.
‘(24) Government of Cape Verde.
‘(25) Government of The Gambia.
‘(26) Government of Ghana.
‘(27) Government of Guinea.
‘(28) Government of Ivory Coast.
‘(29) Government of Jamaica.
‘(30) Government of Liberia.
‘(31) Government of Mauritania.
‘(32) Government of Nicaragua.
‘(33) Government of Nigeria.
‘(34) Government of Sierra Leone.
‘(35) Government of Togo.’.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.
- Section 1022(a) 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-255), as most recently amended by the
section 1013 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4347), is further
amended by striking ‘February 15, 2011’ and inserting ‘February 15,
2012’.
SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.
- (a) Extension- Section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended
by striking ‘2011’ and inserting ‘2012’.
(b) Limitation on Exercise of Authority- The authority in section 1022 of the National Defense Authorization Act for Fiscal Year 2004, as amended by subsection (a), may not be exercised after September 30, 2011, unless the Secretary of Defense certifies to Congress, in writing, that the Department of Defense is in compliance with the provisions of paragraph (2) of subsection (d) of such section, as added by section 1012(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4346).
SEC. 1015. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
- Section 1021(a)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2042), as most recently amended by section 1011 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4346), is further amended by striking ‘2011’ and
inserting ‘2012’.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. LIMITATION ON AVAILABILITY OF FUNDS FOR PLACING MARITIME PREPOSITIONING SHIP SQUADRONS ON REDUCED OPERATING STATUS.
- No amounts authorized to be appropriated by this Act may be
obligated or expended to place a Maritime Prepositioning Ship squadron,
or any component thereof, on reduced operating status until the later of
the following:
- (1) The date on which the Commandant of the
Marine Corps submits to the congressional defense committees a report
setting forth an assessment of the impact on military readiness of the
plans of the Navy for placing such Maritime Prepositioning Ship
squadron, or component thereof, on reduced operating status.
(2) The date on which the Chief of Naval Operations submits to the congressional defense committees a report that--
- (A)
describes the plans of the Navy for placing such Maritime
Prepositioning Ship squadron, or component thereof, on reduced operating
status; and
(B) sets forth comments of the Chief of Naval Operations on the assessment described in paragraph (1).
SEC. 1022. MODIFICATION OF CONDITIONS ON STATUS OF RETIRED AIRCRAFT CARRIER EX-JOHN F. KENNEDY.
- Section 1011(c)(2) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2374) is amended by striking ‘shall require’ and all that follows and
inserting ‘may, notwithstanding paragraph (1), demilitarize the vessel
in preparation for the transfer.’.
SEC. 1023. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME SAFETY OF FORCES AND HYDROGRAPHIC SUPPORT.
- (a) Authority- Part IV of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter:
‘CHAPTER 669--MARITIME SAFETY OF FORCES
‘Sec.
‘7921. Safety and effectiveness information; hydrographic information.
7921’.‘Sec. 7921. Safety and effectiveness information; hydrographic information
‘(a) Safety and Effectiveness Information- (1) The Secretary of the Navy shall maximize the safety and effectiveness of all maritime vessels, aircraft, and forces of the armed forces by means of--
‘(A) marine data collection;
‘(2) The Secretary may extend similar support to forces of the North Atlantic Treaty Organization, and to coalition forces, that are operating with the armed forces.
‘(B) numerical weather and ocean prediction; and
‘(C) forecasting of hazardous weather and ocean conditions.
‘(b) Hydrographic Information- The Secretary of the Navy shall collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support preparation of maps, charts, books, and geodetic products by that Agency.’.
(b) Clerical Amendment- The table of chapters at the beginning of subtitle C of such title, and the table of chapters at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 667 the following new item:
SEC. 1024. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR NAMING THE VESSELS OF THE NAVY.
- (a) Report Required- Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the policies and practices of the Navy for naming
vessels of the Navy.
(b) Elements- The report required by subsection (a) shall set forth the following:
- (1) A description of the current policies and practices of the Navy for naming vessels of the Navy.
(2) A description of the extent to which the policies and practices described under paragraph (1) vary from historical policies and practices of the Navy for naming vessels of the Navy, and an explanation for such variances (if any).
(3) An assessment of the feasibility and advisability of establishing fixed policies for the naming of one or more classes of vessels of the Navy, and a statement of the policies recommended to apply to each class of vessels recommended to be covered by such fixed policies if the establishment of such fixed policies is considered feasible and advisable.
(4) Any other matters relating to the policies and practices of the Navy for naming vessels of the Navy that the Secretary of Defense considers appropriate.
SEC. 1025. ASSESSMENT OF STATIONING OF ADDITIONAL DDG-51 CLASS DESTROYERS AT NAVAL STATION MAYPORT, FLORIDA.
- (a) Navy Assessment Required-
- (1) IN GENERAL- Not later
than one year after the date of the enactment of this Act, the
Secretary of the Navy shall conduct an analysis of the costs and
benefits of stationing additional DDG-51 class destroyers at Naval
Station Mayport, Florida.
(2) ELEMENTS- The analysis required by paragraph (1) shall include, at a minimum, the following:
- (A)
Consideration of the negative effects on the ship repair industrial
base at Naval Station Mayport caused by the retirement of FFG-7 class
frigates and the procurement delays of the Littoral Combat Ship,
including, in particular, the increase in costs (which would be passed
on to the taxpayer) of reconstituting the ship repair industrial base at
Naval Station Mayport following the projected drastic decrease in
workload.
(B) Updated consideration of life extensions of FFG-7 class frigates in light of continued delays in deliveries of the Littoral Combat Ship deliveries.
(C) Consideration of the possibility of bringing additional surface warships to Naval Station Mayport for maintenance with the consequence of spreading the ship repair workload appropriately amongst the various public and private shipyards and ensuring the long-term health of the shipyard in Mayport.
SEC. 1026. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE NAVY.
- (a) Transfer From MARAD Authorized- The Secretary of the Navy
may, subject to appropriations, from funds available for the Department
of Defense for fiscal year 2012, provide to the Maritime Administration
of the Department of Transportation an amount not to exceed $35,000,000
for the transfer by the Maritime Administration to the Department of the
Navy of jurisdiction and control over the vessels as follows:
- (1) M/V HUAKAI.
(2) M/V ALAKAI.
Subtitle D--Detainee Matters
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
- (a) In General- Congress affirms that the authority of the
President to use all necessary and appropriate force pursuant to the
Authorization for Use of Military Force (Public Law 107-40) includes the
authority for the Armed Forces of the United States to detain covered
persons (as defined in subsection (b)) pending disposition under the law
of war.
(b) Covered Persons- A covered person under this section is any person as follows:
- (1)
A person who planned, authorized, committed, or aided the terrorist
attacks that occurred on September 11, 2001, or harbored those
responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
- (1)
Detention under the law of war without trial until the end of the
hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.
(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be ‘covered persons’ for purposes of subsection (b)(2).
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
- (a) Custody Pending Disposition Under Law of War-
- (1)
IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the
United States shall hold a person described in paragraph (2) who is
captured in the course of hostilities authorized by the Authorization
for Use of Military Force (Public Law 107-40) in military custody
pending disposition under the law of war.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--
- (A) to be
a member of, or part of, al-Qaeda or an associated force that acts in
coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
- (1)
UNITED STATES CITIZENS- The requirement to detain a person in military
custody under this section does not extend to citizens of the United
States.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
- (1)
IN GENERAL- Not later than 60 days after the date of the enactment of
this Act, the President shall issue, and submit to Congress, procedures
for implementing this section.
(2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:
- (A)
Procedures designating the persons authorized to make determinations
under subsection (a)(2) and the process by which such determinations are
to be made.
(B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.
(C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.
(D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.
(E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.
SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.
- (a) Certification Required Prior to Transfer-
- (1) IN
GENERAL- Except as provided in paragraph (2) and subsection (d), the
Secretary of Defense may not use any amounts authorized to be
appropriated or otherwise available to the Department of Defense for
fiscal year 2012 to transfer any individual detained at Guantanamo to
the custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity unless the Secretary
submits to Congress the certification described in subsection (b) not
later than 30 days before the transfer of the individual.
(2) EXCEPTION- Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate--
- (A) an order affecting the disposition of the
individual that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall notify
Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
- (1) is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
(2) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility;
(3) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
(4) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;
(5) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and
(6) has agreed to share with the United States any information that--
- (A) is related to the individual or any associates of the individual; and
(B) could affect the security of the United States, its citizens, or its allies.
- (1)
PROHIBITION- Except as provided in paragraph (2) and subsection (d),
the Secretary of Defense may not use any amounts authorized to be
appropriated or otherwise made available to the Department of Defense to
transfer any individual detained at Guantanamo to the custody or
control of the individual’s country of origin, any other foreign
country, or any other foreign entity if there is a confirmed case of any
individual who was detained at United States Naval Station, Guantanamo
Bay, Cuba, at any time after September 11, 2001, who was transferred to
such foreign country or entity and subsequently engaged in any terrorist
activity.
(2) EXCEPTION- Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate--
- (A) an order affecting the
disposition of the individual that is issued by a court or competent
tribunal of the United States having lawful jurisdiction (which the
Secretary shall notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
- (1)
IN GENERAL- The Secretary of Defense may waive the applicability to a
detainee transfer of a certification requirement specified in paragraph
(4) or (5) of subsection (b) or the prohibition in subsection (c) if the
Secretary, with the concurrence of the Secretary of State and in
consultation with the Director of National Intelligence, determines
that--
- (A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
(B) in the case of a waiver of paragraph (4) or (5) of subsection (b), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred;
(C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and
(D) the transfer is in the national security interests of the United States.
- (A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination, including--
- (i) an explanation why the transfer is in the national security interests of the United States; and
(ii) in the case of a waiver of paragraph (4) or (5) of subsection (b), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated.
- (1) The term ‘appropriate committees of Congress’ means--
- (A)
the Committee on Armed Services, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
- (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(B) is--
- (i) in the custody or under the control of the Department of Defense; or
(ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.
SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
- (a) In General- No amounts authorized to be appropriated or
otherwise made available to the Department of Defense for fiscal year
2012 may be used to construct or modify any facility in the United
States, its territories, or possessions to house any individual detained
at Guantanamo for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense unless
authorized by Congress.
(b) Exception- The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined- In this section, the term ‘individual detained at Guantanamo’ has the meaning given that term in section 1033(e)(2).
(d) Repeal of Superseded Authority- Section 1034 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4353) is amended by striking subsections (a), (b), and (c).
SEC. 1035. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
- (a) Procedures Required- Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report setting forth procedures
for implementing the periodic review process required by Executive
Order No. 13567 for individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military
Force (Public Law 107-40).
(b) Covered Matters- The procedures submitted under subsection (a) shall, at a minimum--
- (1)
clarify that the purpose of the periodic review process is not to
determine the legality of any detainee’s law of war detention, but to
make discretionary determinations whether or not a detainee represents a
continuing threat to the security of the United States;
(2) clarify that the Secretary of Defense is responsible for any final decision to release or transfer an individual detained in military custody at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Executive Order referred to in subsection (a), and that in making such a final decision, the Secretary shall consider the recommendation of a periodic review board or review committee established pursuant to such Executive Order, but shall not be bound by any such recommendation; and
(3) ensure that appropriate consideration is given to factors addressing the need for continued detention of the detainee, including--
- (A) the likelihood the detainee will resume terrorist activity if transferred or released;
(B) the likelihood the detainee will reestablish ties with al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners if transferred or released;
(C) the likelihood of family, tribal, or government rehabilitation or support for the detainee if transferred or released;
(D) the likelihood the detainee may be subject to trial by military commission; and
(E) any law enforcement interest in the detainee.
- (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1036. PROCEDURES FOR STATUS DETERMINATIONS.
- (a) In General- Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report setting forth the procedures
for determining the status of persons detained pursuant to the
Authorization for Use of Military Force (Public Law 107-40) for purposes
of section 1031.
(b) Elements of Procedures- The procedures required by this section shall provide for the following in the case of any unprivileged enemy belligerent who will be held in long-term detention under the law of war pursuant to the Authorization for Use of Military Force:
- (1) A military judge shall preside at proceedings for the determination of status of an unprivileged enemy belligerent.
(2) An unprivileged enemy belligerent may, at the election of the belligerent, be represented by military counsel at proceedings for the determination of status of the belligerent.
(d) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--
- (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1037. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL OFFENSE BY MILITARY COMMISSION.
- (a) Clarification of Right- Section 949m(b)(2) of title 10, United States Code, is amended--
- (1)
in subparagraph (C), by inserting before the semicolon the following:
‘, or a guilty plea was accepted and not withdrawn prior to announcement
of the sentence in accordance with section 949i(b) of this title’; and
(2) in subparagraph (D), by inserting ‘on the sentence’ after ‘vote was taken’.
‘(c) Pre-trial Agreements- (1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.
‘(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.’.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. MANAGEMENT OF DEPARTMENT OF DEFENSE INSTALLATIONS.
- (a) Secretary of Defense Authority- Chapter 159 of title 10,
United States Code, is amended by inserting after section 2671 the
following new section:
‘Sec. 2672. Protection of property
‘(a) In General- The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
‘(b) Officers and Agents-
‘(1) DESIGNATION- (A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
‘(c) Regulations-
‘(B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
‘(C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following:
‘(i) The personnel or positions to be included in the category.
‘(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that--
‘(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category.
‘(iii) In the case of civilian personnel in that category--
‘(I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and
‘(II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.
‘(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and
‘(2) POWERS- Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may--
‘(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
‘(A) enforce Federal laws and regulations for the protection of persons and property;
‘(B) carry firearms;
‘(C) make arrests--
‘(i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
‘(D) serve warrants and subpoenas issued under the authority of the United States; and
‘(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
‘(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.
‘(1) IN GENERAL- The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.
‘(d) Limitation on Delegation of Authority- The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or Deputy Secretary of Defense.
‘(2) PENALTIES- A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.
‘(e) Disposition of Persons Arrested- A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).
‘(f) Facilities and Services of Other Agencies- In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.
‘(g) Authority Outside Federal Property- For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers.
‘(h) Attorney General Approval- The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.
‘(i) Limitation on Statutory Construction- Nothing in this section shall be construed--
‘(1) to preclude or limit the authority of any Federal law enforcement agency;
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2671 the following new item:
‘(2) to restrict the authority of the Secretary of Homeland Security or of the Administrator of General Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;
‘(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
‘(4) to affect chapter 47 of this title; or
‘(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department.’.
‘2672. Protection of property.’.
SEC. 1042. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS ACT OF 2009.
- (a) Reference to How Charges Are Made- Section 949a(b)(2)(C) of
title 10, United States Code, is amended by striking ‘preferred’ in
clauses (i) and (ii) and inserting ‘sworn’.
(b) Judges of United States Court of Military Commission Review- Section 949b(b) of such title is amended--
- (1)
in paragraph (1)(A), by striking ‘a military appellate judge or other
duly appointed judge under this chapter on’ and inserting ‘a judge on’;
(2) in paragraph (2), by striking ‘a military appellate judge on’ and inserting ‘a judge on’; and
(3) in paragraph (3)(B), by striking ‘an appellate military judge or a duly appointed appellate judge on’ and inserting ‘a judge on’.
(d) Review of Final Judgments by United States Court of Appeals for the D.C. Circuit-
- (1)
CLARIFICATION OF MATTER SUBJECT TO REVIEW- Subsection (a) of section
950g of such title is amended by inserting ‘as affirmed or set aside as
incorrect in law by’ after ‘where applicable,’.
(2) CLARIFICATION ON TIME FOR SEEKING REVIEW- Subsection (c) of such section is amended--
- (A)
in the matter preceding paragraph (1), by striking ‘by the accused’ and
all that follows through ‘which--’ and inserting ‘in the Court of
Appeals--’;
(B) in paragraph (1)--
- (i) by inserting ‘not later than 20 days after the date on which’ after ‘(1)’; and
(ii) by striking ‘on the accused or on defense counsel’ and inserting ‘on the parties’; and
- (i) by inserting ‘if’ after ‘(2)’; and
(ii) by inserting before the period the following: ‘, not later than 20 days after the date on which such notice is submitted’.
SEC. 1043. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL RECOVERY REINTEGRATION AND POST-ISOLATION SUPPORT ACTIVITIES.
- (a) In General- Chapter 53 of title 10, United States Code, is
amended by inserting after section 1056 the following new section:
‘Sec. 1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel
‘(a) Reintegration and Support Authorized- The Secretary of Defense may carry out the following:
‘(1) Reintegration activities for recovered persons who are Department of Defense personnel.
‘(b) Activities Authorized- (1) The activities authorized by subsection (a) for or on behalf of a recovered person may include the following:
‘(2) Post-isolation support activities for or on behalf of other recovered persons who are officers or employees of the United States Government, military or civilian officers or employees of an allied or coalition partner of the United States, or other United States or foreign nationals.
‘(A) The provision of food, clothing, necessary medical support, and essential sundry items for the recovered person.
‘(2) Medical support may be provided under paragraph (1)(A) to a recovered person who is not a member of the armed forces for not more than 20 days.
‘(B) In accordance with regulations prescribed by the Secretary of Defense, travel and transportation allowances for not more than three family members, or other designated individuals, determined by the commander or head of a military medical treatment facility to be beneficial for the reintegration of the recovered person and whose presence may contribute to improving the physical and mental health of the recovered person.
‘(C) Transportation or reimbursement for transportation in connection with the attendance of the recovered person at events or functions determined by the commander or head of a military medical treatment facility to contribute to the physical and mental health of the recovered person.
‘(c) Definitions- In this section:
‘(1) The term ‘post-isolation support’, in the case of a recovered person, means--
(b) Clerical Amendment- The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 1056 the following new item:
‘(A) the debriefing of the recovered person following a separation as described in paragraph (2);
‘(2) The term ‘recovered person’ means an individual who is returned alive from separation (whether as an individual or a group) while participating in or in association with a United States-sponsored military activity or mission in which the individual was detained in isolation or held in captivity by a hostile entity.
‘(B) activities to promote or support the physical and mental health of the recovered person following such a separation; and
‘(C) other activities to facilitate return of the recovered person to military or civilian life as expeditiously as possible following such a separation.
‘(3) The term ‘reintegration’, in the case of a recovered person, means--
‘(A) the debriefing of the recovered person following a separation as described in paragraph (2);
‘(B) activities to promote or support for the physical and mental health of the recovered person following such a separation; and
‘(C) other activities to facilitate return of the recovered person to military duty or employment with the Department of Defense as expeditiously as possible following such a separation.’.
‘1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel.’.
SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN SENSITIVE NATIONAL SECURITY INFORMATION.
- (a) Critical Infrastructure Security Information-
- (1)
IN GENERAL- The Secretary of Defense may exempt certain Department of
Defense information from disclosure under section 552 of title 5, United
States Code, upon a written determination that--
- (A) the information is Department of Defense critical infrastructure security information; and
(B) the public interest in the disclosure of such information does not outweigh the Government’s interest in withholding such information from the public.
(c) Delegation- The Secretary of Defense may delegate the authority to make a determination under subsection (a) or (b) 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.
(d) Transparency- Each determination of the Secretary, or the Secretary’s designee, under subsection (a) or (b) shall be made in writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall be available to the public, upon request, through the office of the Assistant Secretary of Defense for Public Affairs.
(e) Definitions- In this section:
- (1) The term
‘Department of Defense critical infrastructure security information’
means sensitive but unclassified information that, if disclosed, would
reveal vulnerabilities in Department of Defense critical infrastructure
that, if exploited, would likely result in the significant disruption,
destruction, or damage of or to Department of Defense operations,
property, or facilities, including information regarding the securing
and safeguarding of explosives, hazardous chemicals, or pipelines,
related to critical infrastructure or protected systems owned or
operated by or on behalf of the Department of Defense, including
vulnerability assessments prepared by or on behalf of the Department,
explosives safety information (including storage and handling), and
other site-specific information on or relating to installation security.
(2) The term ‘data file’ means a file of the Military Flight Operations Quality Assurance system that contains information acquired or generated by the Military Flight Operations Quality Assurance system, including the following:
- (A) Any data base containing raw Military Flight Operations Quality Assurance data.
(B) Any analysis or report generated by the Military Flight Operations Quality Assurance system or which is derived from Military Flight Operations Quality Assurance data.
SEC. 1045. CLARIFICATION OF AIRLIFT SERVICE DEFINITIONS RELATING TO THE CIVIL RESERVE AIR FLEET.
- (a) Clarification- Section 41106 of title 49, United States Code, is amended--
- (1) by striking ‘transport category aircraft’ in subsections (a)(1), (b), and (c) and inserting ‘CRAF-eligible aircraft’; and
(2) in subsection (c), by striking ‘that has aircraft in the civil reserve air fleet’ and inserting ‘referred to in subsection (a)’.
‘(e) CRAF-eligible Aircraft Defined- In this section, the term ‘CRAF-eligible aircraft’ means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the Civil Reserve Air Fleet.’.
SEC. 1046. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE AS ADVISORS TO FOREIGN MINISTRIES OF DEFENSE AND INTERNATIONAL PEACE AND SECURITY ORGANIZATIONS.
- (a) Authority- The Secretary of Defense may, with the concurrence
of the Secretary of State, carry out a program to assign civilian
employees of the Department of Defense as advisors to the ministries of
defense (or security agencies serving a similar defense function) of
foreign countries and international peace and security organizations in
order to--
- (1) provide institutional, ministerial-level
advice, and other training to personnel of the ministry or organization
to which assigned in support of stabilization or post-conflict
activities; or
(2) assist such ministry or organization in building core institutional capacity, competencies, and capabilities to manage defense-related processes.
- (1)
IN GENERAL- The authority of the Secretary of Defense to assign
civilian employees under the program under subsection (a) terminates at
the close of September 30, 2014.
(2) CONTINUATION OF ASSIGNMENTS- Any assignment of a civilian employee under subsection (a) before the date specified in paragraph (1) may continue after that date, but only using funds available for fiscal year 2012, 2013, or 2014.
- (1)
A list of the defense ministries and international peace and security
organizations to which civilian employees were assigned under the
program.
(2) A statement of the number of such employees so assigned.
(3) A statement of the duration of the various assignments of such employees.
(4) A brief description of the activities carried out such by such employees pursuant to such assignments.
(5) A statement of the cost of each such assignment.
SEC. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS REQUIRED WITH RESPECT TO CERTAIN PROPOSALS TO REDUCE THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES.
- (a) In General- If, on or after the date of the enactment of this
Act, the President makes a proposal described in subsection (b), the
President shall--
- (1) conduct a net assessment of the current
and proposed nuclear forces of the United States and of other countries
that possess nuclear weapons to determine whether the nuclear forces of
the United States are anticipated to be capable of meeting the
objectives of the United States with respect to nuclear deterrence,
extended deterrence, assurance of allies, and defense; and
(2) as soon as practicable after the date on which the President makes such a proposal, submit that assessment to the congressional defense committees.
- (1) IN GENERAL- A proposal described in this subsection is a proposal--
- (A)
to reduce the number of deployed nuclear weapons of the United States
to a level that is lower than the level described in the Treaty between
the United States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive Arms, signed
at Prague April 8, 2010; or
(B) except as provided in paragraph (2), to reduce, in a calendar year before 2022, the number of non-deployed nuclear weapons held by the United States as a hedge.
(3) HEDGE DEFINED- For purposes of paragraph (1)(B), the term ‘hedge’ means the retention of non-deployed nuclear weapons in both the active and inactive nuclear weapons stockpiles to respond to a technical failure in the stockpile or a change in the geopolitical environment.
SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE TROOPS-TO-TEACHERS PROGRAM.
- (a) Fiscal Year 2012 Administration- Notwithstanding section
2302(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6672(c)), the Secretary of Defense may administer the
Troops-to-Teachers Program during fiscal year 2012. Amounts authorized
to be appropriated for the Department of Defense by this Act shall be
available to the Secretary of Defense for that purpose.
(b) Report- Not later than April 1, 2012, the Secretary of Defense and the Secretary of Education shall jointly submit to the appropriate committees of Congress a report on the Troops-to-Teachers Program. The report shall include the following:
- (1) A summary of the
funding of the Troops-to-Teachers Program since its inception and
projected funding of the program during the period covered by the
future-years defense program submitted to Congress during 2011.
(2) The number of past participants in the Troops-to-Teachers Program by year, the number of past participants who have fulfilled, and have not fulfilled, their service obligation under the program, and the number of waivers of such obligations (and the reasons for such waivers).
(3) A discussion and assessment of the current and anticipated effects of recent economic circumstances in the United States, and cuts nationwide in State and local budgets, on the ability of participants in the Troops-to-Teachers Program to obtain teaching positions.
(4) A discussion of the youth education goals in the Troops-to-Teachers Program and the record of the program to date in producing teachers in high-need and other eligible schools.
(5) An assessment of the extent to which the Troops-to-Teachers Program achieves its purpose as a military transition assistance program and, in particular, as transition assistance program for members of the Armed Forces who are nearing retirement or who are voluntarily or involuntarily separating from military service.
(6) An assessment of the performance of the Troops-to-Teachers Program in providing qualified teachers to high-need public schools, and reasons for expanding the program to additional school districts.
(7) A discussion and assessment of the advisability of the administration of the Troops-to-Teachers Program by the Department of Education in consultation with the Department of Defense.
- (1) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means--
- (A) the Committees on Armed Services and Health, Education, Labor, and Pensions of the Senate; and
(B) the Committees on Armed Services and Education and Labor of the House of Representatives.
SEC. 1049. EXPANSION OF OPERATION HERO MILES.
- (a) Expanded Definition of Travel Benefit- Subsection (b) of
section 2613 of title 10, United States Code, is amended to read as
follows:
‘(b) Travel Benefit Defined- In this section, the term ‘travel benefit’ means--(b) Condition on Authority To Accept Donation- Subsection (c) of such section is amended--
‘(1) frequent traveler miles, credits for tickets, or tickets for air or surface transportation issued by an air carrier or a surface carrier, respectively, that serves the public; and
‘(2) points or awards for free or reduced-cost accommodations issued by an inn, hotel, or other commercial establishment that provides lodging to transient guests.’.
- (1) by striking ‘the air or surface carrier’ and inserting ‘the business entity referred to in subsection (b)’;
(2) by striking ‘the surface carrier’ and inserting ‘the business entity’; and
(3) by striking ‘the carrier’ and inserting ‘the business entity’.
(d) Stylistic Amendments-
- (1) SECTION HEADING- The heading of such section is amended to read as follows:
‘Sec. 2613. Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families’.
- (2) TABLE OF SECTIONS- The table of sections at
the beginning of chapter 155 of such title is amended by striking the
item relating to section 2613 and inserting the following new item:
‘2613. Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families.’.
Subtitle F--Repeal and Modification of Reporting Requirements
PART I--REPEAL OF REPORTING REQUIREMENTS
SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10, UNITED STATES CODE.
- Title 10, United States Code, is amended as follows:
- (1) Section 127a(a) is amended--
- (A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(3)(A) Section 427 is repealed.
(B) The table of sections at the beginning of subchapter I of chapter 21 is amended by striking the item relating to section 427.
(4) Section 437 is amended by striking subsection (c).
(5)(A) Section 483 is repealed.
(B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483.
(6)(A) Section 484 is repealed.
(B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 484.
(7)(A) Section 485 is repealed.
(B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 485.
(8)(A) Section 486 is repealed.
(B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 486.
(9)(A) Section 487 is repealed.
(B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 487.
(10) Section 983(e)(1) is amended--
- (A) by striking the comma after ‘Secretary of Education’ and inserting ‘and’; and
(B) by striking ‘, and to Congress’.
(12) Section 2010 is amended--
- (A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively.
(14)(A) Section 2282 is repealed.
(B) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2282.
(15) Section 2350a(g) is amended by striking paragraph (3).
(16) Section 2410m is amended by striking subsection (c).
(17) Section 2485(a) is amended--
- (A) by striking ‘(1)’; and
(B) by striking paragraph (2).
(19) Section 2515 is amended by striking subsection (d).
(20)(A) Section 2582 is repealed.
(B) the table of sections at the beginning of chapter 153 is amended by striking the item relating to section 2582.
(21) Section 2583 is amended--
- (A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection (f).
- (A) in subsection (a)--
- (i) by striking ‘(1)’ before ‘The Secretary of a military department’; and
(ii) by striking paragraphs (2) and (3);
(C) by striking subsection (f); and
(D) in subsection (h), by striking the last sentence.
(B) The table of sections at the beginning of chapter 160 is amended by striking the item relating to section 2706.
(24)(A) Section 2815 is repealed.
(B) The table of sections at the beginning of subchapter I of chapter 169 is amended by striking the item relating to section 2815.
(25) Section 2825(c)(1) is amended--
- (A) by inserting ‘and’ at the end of subparagraph (A);
(B) by striking the semicolon at the end of subparagraph (B) and inserting a period; and
(C) by striking subparagraphs (C) and (D).
- (A) by striking ‘(a) Local Comparability- ’; and
(B) by striking subsection (b).
- (A) by striking ‘(a) Subject to subsection (b), the Secretary’ and inserting ‘The Secretary’; and
(B) by striking subsection (b).
- (A) in subsection (b)--
- (i) by striking ‘(1)’ before ‘The Secretary of a military department’; and
(ii) by striking paragraph (2);
(C) by redesignating subsection (g) as subsection (f).
- (A) by striking ‘(1)’ after ‘Opportunities- ’; and
(B) by striking paragraph (2).
(31) Section 2861 is amended by striking subsection (d).
(32)(A) Section 7296 is repealed.
(B) The table of sections at the beginning of chapter 633 is amended by striking the item relating to section 7296.
(33)(A) Section 10504 is repealed.
(B) The table of sections at the beginning of chapter 1011 is amended by striking the item relating to section 10504.
(34) Section 12302(b) is amended by striking the last sentence.
(35)(A) Section 16137 is repealed.
(B) The table of sections at the beginning of chapter 1606 is amended by striking the item relating to section 16137.
SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS.
- (a) Fiscal Year 2010- The National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) is amended as follows:
- (1) Section 219 (123 Stat. 2228) is amended by striking subsection (c).
(2) Section 1113(e)(1) (123 Stat. 2502) is amended by striking ‘, which information shall be’ and all that follows through ‘semiannual basis’.
(3) Section 1245 (123 Stat. 2542) is repealed.
(c) Fiscal Year 2008- The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended as follows:
- (1) Section 885 (10 U.S.C. 2304 note) is amended--
- (A) in subsection (a), by striking the last sentence of paragraph (2); and
(B) in subsection (b), by striking ‘the date of the enactment of this Act’ both places it appears and inserting ‘January 28, 2008’.
- (1) Section 347 (10 U.S.C. 221 note) is repealed.
(2) Section 731 (10 U.S.C. 1095c note) is amended--
- (A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(4) Section 1231 (22 U.S.C. 2776a) is repealed.
(5) Section 1402 (10 U.S.C. 113 note) is repealed.
- (1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
- (1) Section 731 (10 U.S.C. 1074 note) is amended by striking subsection (c).
(2) Section 1041 (10 U.S.C. 229 note) is repealed.
- (1) Section 586 (117 Stat. 1493) is repealed.
(2) Section 812 (117 Stat. 1542) is amended by striking subsection (c).
(3) Section 1601(d) (10 U.S.C. 2358 note) is amended--
- (A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
(i) Fiscal Year 2002- Section 232 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended by striking subsections (c) and (d).
(j) Fiscal Year 2001- The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398) is amended as follows:
- (1) Section 374 (10 U.S.C. 2851 note) is repealed.
(2) Section 1212 (114 Stat. 1654A-326) is amended by striking subsections (c) and (d).
(3) Section 1213 (114 Stat. 1654A-327) is repealed.
- (1) Section 723 (10 U.S.C. 1071 note) is amended--
- (A) in subsection (d)--
- (i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and
(3) Section 1035 (113 Stat. 753), as amended by section 1211 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-325), is repealed.
(m) Fiscal Year 1998- The National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) is amended as follows:
- (1) Section 234 (50 U.S.C. 2367) is repealed.
(2) Section 349 (10 U.S.C. 2702 note) is amended by striking subsection (e).
(3) Section 743 (111 Stat. 1817) is amended by striking subsection (f).
(o) Fiscal Years 1992 and 1993- Section 2868 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2802 note) is repealed.
(p) Fiscal Year 1991- Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended--
- (1) by striking subsection (l); and
(2) by redesignating subsection (m) as subsection (1).
SEC. 1063. REPEAL OF REPORTING REQUIREMENTS UNDER OTHER LAWS.
- (a) Title 37- Section 402a of title 37, United States Code, is amended--
- (1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.
- (1) by striking subsection (l); and
(2) by redesignating subsection (m) as subsection (1).
PART II--MODIFICATION OF EXISTING REPORTING REQUIREMENTS
SEC. 1066. MODIFICATION OF REPORTING REQUIREMENTS UNDER TITLE 10, UNITED STATES CODE.
- Title 10, United States Code, is amended as follows:
- (1) Section 113(j) is amended--
- (A) in paragraph (1)--
- (i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraph (B) as subparagraph (A); and
(iii) by inserting after subparagraph (A), as redesignated by clause (ii), the following new subparagraph (B):
‘(B) The amount of direct and indirect support for the stationing of United States forces provided by each host nation.’;
- (B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
- (i) in subsection (a)--
- (I) in the subsection caption, by striking ‘Annual’and inserting ‘Biennial’; and
(II) by striking ‘on an annual basis’ and inserting ‘in every even-numbered year’; and
‘Sec. 115b. Biennial strategic workforce plan’.
- (ii) The table of sections at the beginning of
chapter 2 is amended by striking the item relating to section 115b and
inserting the following new item:
‘115b. Biennial strategic workforce plan.’.(3) Section 116 is amended--
- (A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new subsection (b):
‘(b) The Secretary may submit the report required by subsection (a) by including the materials required in the report as an exhibit to the defense authorization request submitted pursuant to section 113a of this title in the fiscal year concerned.’.
- (4) Section 127b(f) is amended by striking ‘December 1’ and inserting ‘February 1’.
(5) Section 138c(e)(4) is amended--
- (A)
by striking ‘Not later than 10 days’ and all that follows through
‘title 31,’ and inserting ‘Not later than March 31 in any year,’; and
(B) by striking ‘that fiscal year’ and inserting ‘the fiscal year beginning in the year in which such report is submitted’.
- (i) in subsection (a)--
- (I) by striking ‘Quarterly Report- ’ and inserting ‘Biannual Report- ’;
(II) by striking ‘a quarterly report’ and inserting ‘a biannual report’; and
(III) by striking ‘fiscal-year quarter’ and inserting ‘two fiscal-year quarters’; and
- (I) by striking ‘(1)’;
(II) by striking ‘a quarter of a fiscal year after the first quarter of that fiscal year’ and inserting ‘the second two fiscal-year quarters of a fiscal year’;
(III) by striking ‘the first quarter of that fiscal year’ and inserting ‘the first two fiscal-year quarters of that fiscal year’; and
(IV) by striking paragraph (2).
‘Sec. 228. Biannual reports on allocation of funds within operation and maintenance budget subactivities’.
- (ii) The table of sections at the beginning of
chapter 9 is amended by striking the item relating to section 228 and
inserting the following new item:
‘228. Biannual reports on allocation of funds within operation and maintenance budget subactivities.’.(7) Subsection (f) of section 408 is amended to read as follows:
‘(f) Congressional Oversight- Whenever the Secretary of Defense provides assistance to a foreign nation under this section, the Secretary shall submit to the congressional defense committees a report on the assistance provided. Each such report shall identify the nation to which the assistance was provided and include a description of the type and amount of the assistance provided.’.
- (8)(A) Section 488--
- (i) in subsection (a), by striking ‘Every other year’ and inserting ‘Every fourth year’;
(ii) in subsection (b), by striking ‘an even-numbered fiscal year’ and inserting ‘every other even-numbered fiscal year beginning with fiscal year 2012’; and
(iii) by adding at the end the following new subsection:
‘(c) Biennial Notice on Changes to Strategic Plan- If the Secretary modifies a strategic plan under subsection (a) during the two-year period beginning on the date of its submittal to Congress under subsection (b), the Secretary shall submit to Congress a written notice on the modifications at the end of such two-year period.’.
- (B)(i) The heading of such section is amended to read as follows:
‘Sec. 488. Management of electromagnetic spectrum: quadrennial strategic plan’.
- (ii) The table of sections at the beginning of
chapter 23 is amended by striking the item relating to section 488 and
inserting the following new item:
‘488. Management of electromagnetic spectrum: quadrennial strategic plan.’.(9) Section 490(b)(1) is amended by inserting ‘through 2014’ after ‘every even-numbered year’.
(10) Section 2401(h) is amended--
- (A)
by striking ‘only if--’ and all that follows through ‘of the proposed’
and inserting ‘only if the Secretary has notified the congressional
defense committees of the proposed’;
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and realigning those paragraphs so as to be indented two ems from the left margin; and
(D) by striking ‘; and’ at the end of paragraph (3), as so redesignated, and inserting a period.
(12) Section 2608(e)(1) is amended--
- (A) by striking ‘each quarter’ and inserting ‘the second quarter and the fourth quarter’; and
(B) by striking ‘the preceding quarter’ and inserting ‘the preceding two quarters’.
(14) Section 2803(b) is amended by striking ‘21-day period’ and inserting ‘seven-day period’.
(15) Section 2811(d) is amended by striking ‘$7,500,000’ and inserting ‘$10,000,000’.
(16) Section 9514(c) is amended by striking ‘$1,000,000’ and inserting ‘$10,000,000’.
(17) Section 10541(a) is amended by striking ‘February 15’ and inserting ‘April 15’.
(18) Section 10543(c)(3) is amended by striking ‘15 days’ and inserting ‘90 days’.
SEC. 1067. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER TITLES OF THE UNITED STATES CODE.
- (a) Title 32- Section 908(a) of title 32, United States Code, is
amended by striking ‘After the end of each fiscal year,’ and inserting
‘After the end of any fiscal year during which any assistance was
provided or activities were carried out under this chapter,’.
(b) Title 37- Section 316a(f) of title 37, United States Code, is amended by striking ‘January 1, 2010’ and inserting ‘April 1, 2012’.
SEC. 1068. MODIFICATION OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS.
- (a) Fiscal Year 2010- Section 121(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2212) is amended by striking paragraph (5).
(b) Fiscal Year 2008- The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended as follows:
- (1) Section 958 (122 Stat. 297) is amended--
- (A) in subsection (a), by striking ‘240 days after the date of the enactment of this Act’ and inserting ‘June 30, 2012’; and
(B) in subsection (d), by striking ‘December 31, 2013’ and inserting ‘June 30, 2014’.
- (A) in subsection (d)--
- (i) by striking ‘beginning with March 1, 2008,’; and
(ii) by inserting ‘a report containing’ after ‘to Congress’; and
- (i)
in paragraph (1), by striking ‘Not later than’ and all that follows
through ‘the information’ and inserting ‘The Secretary shall include in
each report under subsection (d) the information’; and
(ii) in paragraph (2), by striking ‘under this subsection’ and inserting ‘under subsection (d)’.
- (A) by striking ‘After submission’ and all the follows through ‘that patients,’ and inserting ‘Patients,’; and
(B) by striking ‘have not been moved or disestablished until’ and inserting ‘may not be moved or disestablished until the Secretary of Defense has certified to the congressional defense committees that’.
‘(a) Reports on Details and Fellowships of Long Duration- Whenever a member of the Armed Forces or a civilian employee of the Department of Defense serves continuously in the Legislative Branch for more than 12 consecutive months in one or a combination of covered legislative details or fellowships, the Secretary of Defense shall submit to the congressional defense committees, within 90 days, and quarterly thereafter for as long as the service continues, a report on the service of the member or employee.’.(d) Fiscal Year 2001- Section 1308(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 5959(c)) is amended--
- (1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
- (1) Section 1202(b)(11) (10 U.S.C. 113 note) is amended by adding at the end the following new subparagraph:
(2) Section 1201 (10 U.S.C. 168 note) is amended by striking subsection (d).‘(G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a).’.
SEC. 1069. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER LAWS.
- (a) Small Business Act- Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
- (1)
in subsection (b)(7), by inserting ‘and including an accounting of
funds, initiatives, and outcomes under the Commercialization Pilot
Program’ after ‘and (o)(15),’; and
(2) in subsection (y), by striking paragraph (5).
- (1) in the subsection heading, by striking ‘Annual Report’ and inserting ‘Biennial Report’;
(2) in the matter preceding paragraph (1)--
- (A) by striking ‘March 31 of each year’ and inserting ‘September 30 of each odd-numbered year’; and
(B) by striking ‘the following information’ and inserting ‘the following information with respect to the Federal election held during the preceding calendar year’; and
Subtitle G--Other Study and Report Matters
SEC. 1071. MODIFICATION OF DATES OF COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF EXECUTIVE AGREEMENT ON JOINT MEDICAL FACILITY DEMONSTRATION PROJECT, NORTH CHICAGO AND GREAT LAKES, ILLINOIS.
- Section 1701(e)(1) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2568) is amended by
striking ‘and annually thereafter’ and inserting ‘not later than two
years after the execution of the executive agreement, and not later than
September 30, 2015’.
SEC. 1072. REPORT ON PLAN TO IMPLEMENT ORGANIZATIONAL GOALS RECOMMENDED IN THE NATIONAL SECURITY STRATEGY-2010.
- (a) Findings- Congress makes the following findings:
- (1)
An urgent need exists to transform the United States national security
system in order to employ all elements of national power effectively and
efficiently to meet the challenges of the 21st century security
environment.
(2) The Quadrennial Defense Review Independent Panel emphasized this need in its July 2010 report, writing that ‘the Panel notes with extreme concern that our current Federal Government structures--both executive and legislative, and in particular those related to security--were fashioned in the 1940s and, at best, they work imperfectly today. . . A new approach is needed’.
(3) The National Security Strategy-May 2010 calls for such a transformation of the United States national security system through its identification of organizational changes already underway, its recommendation of additional organizational changes to be undertaken, and its commitment to strengthening national capacity through a whole-of-government approach.
(4) The realization of these organizational goals can best be assured by the preparation of a report by the President on progress being made on organizational changes already underway and on an implementation plan for the organizational changes newly recommended in the National Security Strategy.
- (1)
IN GENERAL- Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the appropriate committees of
Congress a report setting forth a plan to implement the organizational
goals recommended in the National Security Strategy-May 2010.
(2) ELEMENTS- The report required under this subsection shall include the following:
- (A)
A progress report identifying each organizational change identified by
the National Security Strategy as already underway, including for each
such change the following:
- (i) The goal such organizational change seeks to achieve.
(ii) The actions required of the Executive Branch to achieve such goal.
(iii) The actions required of Congress to achieve such goal.
(iv) The preferred sequencing of the executive and legislative actions specified under clauses (ii) and (iii).
(v) The preferred timetable for such executive and legislative actions and for achievement of such goal.
(vi) The progress that has already been achieved toward such goal, and the obstacles that have been encountered.
- (i) The goal such organizational change seeks to achieve.
(ii) The actions required of the Executive Branch to achieve such goal.
(iii) The actions required of Congress to achieve such goal.
(iv) The preferred sequencing of the executive and legislative actions specified under clauses (ii) and (iii).
(v) The preferred timetable for such executive and legislative actions and for achievement of such goal.
- (1) The progress made in achieving each organizational goal covered by the report required by subsection (b).
(2) The modifications necessary to the plan required by subsection (b) in light of the experience of the Executive Branch in implementing the plan.
- (1)
the Committee on Armed Services, Committee on Foreign Relations,
Committee on Homeland Security and Government Affairs, Committee on the
Budget, Committee on the Judiciary, Committee on Appropriations, and
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, Committee on Foreign Affairs, Committee on Homeland Security, Committee on the Budget, Committee on the Judiciary, Committee on Oversight and Government Reform, Committee on Appropriations, and Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1073. BIENNIAL ASSESSMENT OF AND REPORT ON DELIVERY PLATFORMS FOR NUCLEAR WEAPONS AND THE NUCLEAR COMMAND AND CONTROL SYSTEM.
- (a) In General- The Secretary of Defense shall, in each
odd-numbered year beginning with calendar year 2013, conduct an
assessment of the safety, security, reliability, sustainability,
performance, and military effectiveness of each type of platform for the
delivery of nuclear weapons and of the nuclear command and control
system of the United States.
(b) Report Required- Not later than March 1 of each odd-numbered year beginning with calendar year 2013, the Secretary of Defense shall submit to the congressional defense committees a report on the assessment conducted under subsection (a) that includes the following:
- (1) The results of the assessment.
(2) An identification and assessment of any gaps or shortfalls in the capabilities of the platforms or the system described in subsection (a).
(3) An identification and assessment of any risks with respect to whether any of those platforms or that system will meet the mission or capability requirements of those platforms or that system, as the case may be.
(4) Recommendations of the Secretary of Defense with respect to measures to mitigate any gaps or shortfalls identified under paragraph (2) and any risks identified under paragraph (3).
SEC. 1074. ANNUAL REPORT ON THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES.
- (a) Findings- Congress makes the following findings:
- (1)
In response to a question for the record from a March 29, 2011, hearing
of the Committee on Armed Services of the Senate, General C. Robert
Kehler stated, ‘The stockpile under New START is appropriately sized to
meet our deterrence requirements and manage risk associated with our
aging systems and infrastructure. A recapitalized nuclear infrastructure
could also support potential reductions in the future non-deployed
stockpile.’.
(2) In response to an additional question for the record from that hearing, General Kehler stated, ‘Completion of critical stockpile sustainment activities and restoration of [the National Nuclear Security Administration’s] production infrastructure could enable future reductions in the quantity of non-deployed warheads currently held to mitigate weapon and infrastructure risk.’.
- (1)
sustained investments in the nuclear weapons stockpile and the nuclear
security complex are needed to ensure a reliable nuclear deterrent; and
(2) such investments could enable additional future reductions in the hedge stockpile.
- (1) An accounting of the
weapons in the stockpile as of the end of the fiscal year preceding the
submission of the report that includes deployed and non-deployed
weapons, including each category of non-deployed weapon.
(2) The planned force levels for each category of nuclear weapon over the course of the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for the fiscal year following the fiscal year in which the report is submitted.
SEC. 1075. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES.
- (a) Sense of Congress- It is the sense of Congress that any
future modification to the nuclear employment strategy of the United
States should maintain or enhance the ability of the nuclear forces of
the United States to support the goals of the United States with respect
to nuclear deterrence, extended deterrence, and assurances for allies,
and the defense of the United States.
(b) Reports on Modification of Strategy-
- (1) IN GENERAL- Chapter 23 title 10, United States Code, is amended by adding at the end the following new section:
‘Sec. 491. Nuclear employment strategy of the United States: reports on modification of strategy
‘Not later than 30 days after the date on which the President issues a nuclear employment strategy of the United States that differs from the nuclear employment strategy of the United States then in force, the President shall submit to Congress a report setting forth the following:
‘(1) A description of the modifications to nuclear employment strategy of the United States made by the strategy so issued.
‘(2) An assessment of effects of such modification for the nuclear posture of the United States.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 23 of such title is amended by adding at the end the following new item:
‘491. Nuclear employment strategy of the United States: reports on modification of strategy.’.
SEC. 1076. STUDY ON THE RECRUITMENT, RETENTION, AND DEVELOPMENT OF CYBERSPACE EXPERTS.
- (a) Study- The Secretary of Defense shall conduct an independent
study examining the availability of military and civilian personnel for
Department of Defense defensive and offensive cyberspace operations,
identifying any gaps in meeting personnel needs, and recommending
available mechanisms to fill such gaps, including permanent and
temporary positions.
(b) Report-
- (1) IN GENERAL- Not
later than one year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report containing the results of the study conducted under
subsection (a).
(2) MATTERS TO BE COVERED- The report required under paragraph (1) shall include the following elements:
- (A)
A statement of capabilities and number of cyberspace operations
personnel required to meet the defensive and offensive cyberspace
operation requirements of the Department of Defense.
(B) An assessment of the sufficiency of the numbers and types of personnel available for cyberspace operations, including an assessment of the balance of military personnel, Department of Defense civilian employees, and contractor positions, and the availability of personnel with expertise in matters related to cyberspace operations from outside of the Department of Defense.
(C) A description of the obstacles to adequate recruitment and retention of such personnel.
(D) An exploration of the various recruiting, training, and affiliation mechanisms, such as the reserve components, including the individual ready reserves, the civilian expeditionary workforce, corporate and university partnerships, the Reserve Officers’ Training Corps, and civilian auxiliaries to address challenges to recruitment, retention, and training.
(E) A description of incentives that enable and encourage individuals with cyber skills from outside the Department of Defense to affiliate with the Armed Forces and civilian employees of the Department of Defense through other types of service agreements, as well as obstacles that discourage cyberspace experts and the Department of Defense from implementing new organizational constructs.
(F) Identification of legal, policy, or administrative impediments to attracting and retaining cyberspace operations personnel.
(G) Recommendations for legislative or policy changes necessary to increase the availability of cyberspace operations personnel.
SEC. 1077. REPORTS ON RESOLUTION RESTRICTIONS ON THE COMMERCIAL SALE OR DISSEMINATION OF ELETRO-OPTICAL IMAGERY COLLECTED BY SATELLITES.
- (a) Secretary of Commerce Report-
- (1) REPORT REQUIRED-
Not later than April 15, 2012, the Secretary of Commerce shall submit to
Congress a report setting forth the results of a comprehensive review
of current restrictions on the resolution of electro-optical (EO)
imagery collected from satellites that commercial companies may sell or
disseminate. The report shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in light of the results of the review.
(2) CONSIDERATIONS- In conducting the review required for purposes of the report under paragraph (1), the Secretary shall take into consideration the following:
- (A) Increases in sales of commercial satellite
imagery that would result from a relaxation of resolution restrictions,
and the ensuing benefit to the United States Government, commerce, and
academia from an expanding market in satellite imagery.
(B) Current and anticipated deployments of satellites built in foreign countries that can or will be able to collect imagery at a resolution greater than .5 meter resolution, and the sale or dissemination of such imagery.
(C) The lead-time involved in securing financing, designing, building, and launching the new satellite imagery collection capabilities that would be required to enable United States commercial satellite companies to match current and anticipated foreign satellite imagery collection capabilities.
(D) Inconsistencies between the current resolution restrictions on the sale or dissemination of imagery collected by United States commercial companies, the availability of higher resolution imagery from foreign sources, and the National Space Policy of the United States, released by the President on June 28, 2010.
(E) The lack of restrictions on the sale or dissemination of high-resolution imagery collected by aircraft.
(F) The utility that higher resolution imagery would bring to the United States Armed Forces, the production of military geo-spatial information, intelligence analysis, cooperation with allies, scientific research efforts, and domestic disaster monitoring and relief.
- (1)
ASSESSMENT REQUIRED- Not later than 15 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Under Secretary of Defense for Intelligence shall jointly submit to the
appropriate committees of Congress a report setting forth an assessment
of the benefits and risks of relaxing current resolution restrictions on
the electro-optical imagery from satellites that commercial United
States companies may sell or disseminate, together with recommendations
for means of protecting national security related information in the
event of the relaxation of such resolution restrictions.
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘appropriate committees of Congress’ means--
- (A)
the Committee on Armed Services, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1078. REPORT ON INTEGRATION OF UNMANNED AERIAL SYSTEMS INTO THE NATIONAL AIRSPACE SYSTEM.
- (a) Report Required- Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Administrator of the Federal Aviation Administration and on
behalf of the UAS Executive Committee, submit to the appropriate
committees of Congress a report setting forth the following:
- (1)
A description and assessment of the rate of progress in integrating
unmanned aircraft systems into the national airspace system.
(2) An assessment of the potential for one or more pilot program or programs on such integration at certain test ranges to increase that rate of progress.
- (1)
the Committee on Armed Services, the Committee on Commerce, Science,
and Transportation, and the Committee on Appropriations of the Senate;
and
(2) the Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.
SEC. 1079. STUDY ON UNITED STATES FORCE POSTURE IN EAST ASIA AND THE PACIFIC REGION.
- (a) Independent Assessment-
- (1) IN GENERAL- The
Secretary of Defense, in consultation with the Chairmen and Ranking
Members of the Committees on Armed Services of the Senate and the House
of Representatives, shall commission an independent assessment of
America’s security interests in East Asia and the Pacific region. The
assessment shall be conducted by an independent, non-governmental
institute which is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code, and has recognized credentials and expertise in national security
and military affairs with ready access to policy experts throughout the
country and from the region.
(2) ELEMENTS- The assessment conducted pursuant to paragraph (1) shall include the following elements:
- (A) A review of current and emerging United States national security interests in the East Asia and Pacific region.
(B) A review of current United States military force posture and deployment plans, with an emphasis on the current plans for United States force realignments in Okinawa and Guam.
(C) Options for the realignment of United States forces in the region to respond to new opportunities presented by allies and partners.
(D) The views of noted policy leaders and regional experts, including military commanders in the region.
(c) Authorization of Appropriations- Of the amounts authorized to be appropriated under section 301 for operation and maintenance for Defense-wide activities, up to $1,000,000, shall be made available for the completion of the study required under this section.
SEC. 1080. REPORT ON STATUS OF IMPLEMENTATION OF ACCEPTED RECOMMENDATIONS IN THE FINAL REPORT OF THE 2010 ARMY ACQUISITION REVIEW PANEL.
- Not later than 1 October 2012, the Secretary of the Army shall
submit to the congressional defense committees a report describing the
plan and implementation status of the recommendations contained in the
Final Report of the 2010 Army Acquisition Review panel (also known as
the ‘Decker-Wagner Report’) that the Army agreed to implement.
SEC. 1080A. REPORT ON FEASIBILITY OF USING UNMANNED AERIAL SYSTEMS TO PERFORM AIRBORNE INSPECTION OF NAVIGATIONAL AIDS IN FOREIGN AIRSPACE.
- Not later than 90 days after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to the congressional
defense committees a report on the feasibility of using unmanned aerial
systems to perform airborne flight inspection of electronic
signals-in-space from ground-based navigational aids that support
aircraft departure, en route, and arrival flight procedures in foreign
airspace in support of United States military operations.
SEC. 1080B. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH AND DEVELOPMENT RELATING TO IMPROVED COMBAT CASUALTY CARE.
- (a) Study Required- The Comptroller General of the United States
shall conduct a review of Department of Defense programs and
organizations related to, and resourcing of, medical research and
development in support of improved combat casualty care designed to save
lives on the battlefield.
(b) Report- Not later than January 1, 2013, the Comptroller General shall submit to the congressional defense committees a report on the review conducted under subsection (a), including the following elements:
- (1) A description of current
medical combat casualty care research and development programs
throughout the Department of Defense, including basic and applied
medical research, technology development, and clinical research.
(2) An identification of organizational elements within the Department that have responsibility for planning and oversight of combat casualty care research and development.
(3) A description of the means by which the Department applies combat casualty care research findings, including development of new medical devices, to improve battlefield care.
(4) An assessment of the adequacy of the coordination by the Department of planning for combat casualty care medical research and development and whether or not the Department has a coordinated combat casualty care research and development strategy.
(5) An assessment of the adequacy of resources provided for combat casualty care research and development across the Department.
(6) An assessment of the programmatic, organizational, and resource challenges and gaps faced by the Department in optimizing investments in combat casualty care medical research and development in order to save lives on the battlefield.
(7) The extent to which the Department utilizes expertise from experts and entities outside the Department with expertise in combat casualty care medical research and development.
(8) An assessment of the challenges faced in rapidly applying research findings and technology developments to improved battlefield care.
(9) Recommendations regarding--
- (A) the need for a coordinated combat casualty care medical research and development strategy;
(B) organizational obstacles or realignments to improve effectiveness of combat casualty care medical research and development; and
(C) adequacy of resource support.
SEC. 1080C. REPORTS TO CONGRESS ON THE MODIFICATION OF THE FORCE STRUCTURE FOR THE STRATEGIC NUCLEAR WEAPONS DELIVERY SYSTEMS OF THE UNITED STATES.
- (a) Findings- Congress makes the following findings:
- (1) Since the early 1960s, the United States has developed and maintained a triad of strategic nuclear weapons delivery systems.
(2) The triad includes sea-based, land-based, and air-based strategic nuclear weapons delivery systems.
SEC. 1080D. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON THE MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS OF THE DEPARTMENT OF DEFENSE.
- (a) Assessment Reports Required-
- (1) IN GENERAL- Not
later than March 30 of each year from 2013 through 2018, the Comptroller
General of the United States shall submit to the appropriate committees
of Congress a report setting forth an assessment of the performance of
the major automated information system programs of the Department of
Defense.
(2) ELEMENTS- Each report under subsection (a) shall include the following:
- (A)
An assessment by the Comptroller General of the cost, schedule, and
performance of a representative variety of major automated information
system programs selected by the Comptroller General for purposes of such
report.
(B) An assessment by the Comptroller General of the level of risk associated with the programs selected under subparagraph (A) for purposes of such report, and a description of the actions taken by the Department to manage or reduce such risk.
(C) An assessment by the Comptroller General of the extent to which the programs selected under subparagraph (A) for purposes of such report employ best practices for the acquisition of information technology systems, as identified by the Comptroller General, the Defense Science Board, and the Department.
- (1)
IN GENERAL- Not later than September 30, 2012, the Comptroller General
shall submit to the appropriate committees of Congress a report setting
forth the following:
- (A) The metrics to be used by the Comptroller General for the reports submitted under subsection (a).
(B) A preliminary assessment on the matters set forth under subsection (a)(2).
- (1) The term ‘appropriate committees of Congress’ means--
- (A)
the Committee on Armed Services, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
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