SEC. 1080E. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE SCIENCE AND TECHNOLOGY PROGRAMS.
- (a) Study- The Comptroller General of the United States shall
conduct a study on unnecessary redundancies, inefficiencies, and gaps in
Department of Defense 6.1-6.3 Science and Technology (S&T)
programs. The study shall--
- (1) focus on S&T programs
within the Army, Navy, and Air Force, as well as programs run by the
Office of the Secretary of Defense;
(2) describe options for consolidation and cost-savings, if any;
(3) assess how the military departments and the Office of the Secretary of Defense are aligning their programs with the seven S&T strategic investment priorities identified by the Assistant Secretary of Defense for Research and Engineering: Data to Decisions, Engineered Resilient Systems, Cyber Science and Technology, Electronic Warfare/Electronic Protection, Counter Weapons of Mass Destruction, Autonomy, and Human Systems; and
(4) assess how the military departments and the Office of the Secretary of Defense are coordinating efforts with respect to duplicative programs, if any.
SEC. 1080F. COMPTROLLER GENERAL REPORT ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH (STEM) INITIATIVES.
- (a) Study- The Comptroller General of the United States shall
conduct a study assessing Science, Technology, Engineering, and Math
(STEM) initiatives of the Department of Defense. The study shall--
- (1) determine which programs are ineffective, and which are unnecessarily redundant within the Department of Defense;
(2) describe options for consolidation and elimination of programs identified under paragraph (1); and
(3) describe options for how the Department and other Federal departments and agencies can work together on similar initiatives without unnecessary duplication of funding.
SEC. 1080G. REPORT ON DEFENSE DEPARTMENT ANALYTIC CAPABILITIES REGARDING FOREIGN BALLISTIC MISSILE THREATS.
- (a) Report Required- Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the analytic capabilities
of the Department of Defense regarding threats from foreign ballistic
missiles of all ranges.
(b) Elements- The report required by subsection (a) shall include the following:
- (1)
A description of the current capabilities of the Department of Defense
to analyze threats from foreign ballistic missiles of all ranges,
including the degree of coordination among the relevant analytic
elements of the Department.
(2) A description of any current or foreseeable gaps in the analytic capabilities of the Department regarding threats from foreign ballistic missiles of all ranges.
(3) A plan to address any gaps identified pursuant to paragraph (2) during the 5-year period beginning on the date of the report.
SEC. 1080H. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA BATTLE CONCEPT.
- (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 approved Air Sea Battle Concept, as required by
the 2010 Quadrennial Defense Review Report, and a plan for the
implementation of the concept.
(b) Elements- The report required by subsection (a) shall include, at a minimum, the following:
- (1) The approved Air Sea Battle Concept.
(2) An identification and assessment of risks related to gaps between Air Sea Battle Concept requirements and the current force structure and capabilities of the Department of Defense.
(3) The plan and assessment of the Department on the risks to implementation of the approved concept within the current force structure and capabilities.
(4) A description and assessment of how current research, development, and acquisition priorities in the program of record meet or fail to meet current and future requirements for implementation of the Air Sea Battle Concept.
(5) An identification, in order of priority, of the five most critical force structure or capabilities requiring increased or sustained investment for the implementation of the Air Sea Battle Concept.
(6) An identification, in order of priority, of how the Department will offset the increased costs for force structure and capabilities required by implementation of the Air Sea Battle Concept, including an explanation of what force structure, capabilities, and programs will be reduced and how potentially increased risks based on those reductions will be managed relative to other strategic requirements.
(7) A description and assessment of the estimated incremental increases in costs and savings from implementing the Air Sea Battle Concept, including the most significant reasons for those increased costs and savings.
(8) A description and assessment of the contributions required from allies and other international partners, including the identification and plans for management of related risks, in order to implement the Air Sea Battle Concept.
(9) Such other matters relating to the development and implementation of the Air Sea Battle Concept as the Secretary considers appropriate.
SEC. 1080I. REPORT ON EFFECTS OF CHANGING FLAG OFFICER POSITIONS WITHIN THE AIR FORCE MATERIAL COMMAND.
- (a) Report Required- Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall conduct an
analysis and submit to the congressional defense committees a report on
the effects of changing flag officer positions within the Air Force
Materiel Command (AFMC), including consideration of the following
issues:
- (1) The effect on the weapons testing mission of AFMC.
(2) The potential for lack of oversight if flag positions are reduced or eliminated.
(3) The reduced experience level of general officers managing challenging weapons development programs under a new command structure.
(4) The additional duties of base management functions impacting the test wing commander’s ability to manage actual weapons testing under the new structure.
Subtitle H--Other Matters
SEC. 1081. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILITARY INFORMATION SUPPORT OPERATIONS IN TITLE 10, UNITED STATES CODE, TO CONFORM TO DEPARTMENT OF DEFENSE USAGE.
- Title 10, United States Code, is amended as follows:
- (1) In section 167(j), by striking paragraph (6) and inserting the following new paragraph:
‘(6) Military information support operations.’.(2) Section 2011(d)(1) is amended by striking ‘psychological operations’ and inserting ‘military information support operations’.
SEC. 1082. TERMINATION OF REQUIREMENT FOR APPOINTMENT OF CIVILIAN MEMBERS OF NATIONAL SECURITY EDUCATION BOARD BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.
- (a) Termination- Subsection (b)(7) of section 803 of the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1903) is
amended by striking ‘by and with the advice and consent of the Senate,’.
(b) Technical Amendment- Subsection (c) of such section is amended by striking ‘subsection (b)(6)’ and inserting ‘subsection (b)(7)’.
SEC. 1083. REDESIGNATION OF INDUSTRIAL COLLEGE OF THE ARMED FORCES AS THE DWIGHT D. EISENHOWER SCHOOL FOR NATIONAL SECURITY AND RESOURCE STRATEGY.
- (a) Redesignation- The Industrial College of the Armed Forces is
hereby renamed the ‘Dwight D. Eisenhower School for National Security
and Resource Strategy’.
(b) Conforming Amendment- Paragraph (2) of section 2165(b) of title 10, United States Code, is amended to read as follows:
(c) References- Any reference to the Industrial College of the Armed Forces in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Dwight D. Eisenhower School for National Security and Resource Strategy.‘(2) The Dwight D. Eisenhower School for National Security and Resource Strategy.’.
SEC. 1084. DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN AND MEDITATION PAVILION, DOVER AIR FORCE BASE, DELAWARE, AS A FISHER HOUSE.
- The Fisher House for the Families of the Fallen and Meditation
Pavilion at Dover Air Force Base, Delaware, is hereby designated as a
Fisher House for purposes of section 2493 of title 10, United States
Code.
SEC. 1085. SENSE OF SENATE ON APPLICATION OF MORATORIUM ON EARMARKS TO THIS ACT.
- It is the sense of the Senate that the moratorium on
congressionally-directed spending items in the Senate, and on
congressional earmarks in the House of Representatives, should be fully
enforced in this Act.
SEC. 1086. TECHNICAL AMENDMENT RELATING TO RESPONSIBILITIES OF DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING AND INDUSTRIAL BASE POLICY.
- Section 139e(b)(12) of title 10, United States Code, is amended by striking ‘titles I and II’ and inserting ‘titles I and III’.
SEC. 1087. TECHNICAL AMENDMENT.
- Section 382 of title 10, United States Code, is amended by
striking ‘biological or chemical’ each place it appears in subsections
(a) and (b).
SEC. 1088. IMPROVING THE TRANSITION OF MEMBERS OF THE ARMED FORCES WITH EXPERIENCE IN THE OPERATION OF CERTAIN MOTOR VEHICLES INTO CAREERS OPERATING COMMERCIAL MOTOR VEHICLES IN THE PRIVATE SECTOR.
- (a) Study-
- (1) IN GENERAL- Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense and the
Secretary of Transportation shall jointly conduct a study to identify
the legislative and regulatory actions that can be taken for purposes as
follows:
- (A) To facilitate the obtaining of commercial
driver’s licenses (within the meaning of section 31302 of title 49,
United States Code) by former members of the Armed Forces who operated
qualifying motor vehicles as members of the Armed Forces.
(B) To improve the transition of members of the Armed Forces who operate qualifying motor vehicles as members of the Armed Forces into careers operating commercial motor vehicles (as defined in section 31301 of such title) in the private sector after separation from service in the Armed Forces.
- (A)
Identification of any training, qualifications, or experiences of
members of the Armed Forces described in paragraph (1)(B) that satisfy
the minimum standards prescribed by the Secretary of Transportation for
the operation of commercial motor vehicles under section 31305 of title
49, United States Code.
(B) Identification of the actions the Secretary of Defense can take to document the training, qualifications, and experiences of such members for the purposes described in paragraph (1).
(C) Identification of the actions the Secretary of Defense can take to modify the training and education programs of the Department of Defense for the purposes described in paragraph (1).
(D) An assessment of the feasibility and advisability of each of the legislative and regulatory actions identified under the study.
(E) Development of recommendations for legislative and regulatory actions to further the purposes described in paragraph (1).
- (1) can carry out without legislative action; and
(2) jointly consider both feasible and advisable.
- (1)
IN GENERAL- Upon completion of the study required by subsection (a)(1),
the Secretary of Defense and the Secretary of Transportation shall
jointly submit to Congress a report on the findings of the Secretaries
with respect to the study.
(2) ELEMENTS- The report required by paragraph (1) shall include the following:
- (A) A description of the legislative and regulatory actions identified under the study.
(B) A description of the actions described in subparagraph (A) that can be carried out by the Secretary of Defense and the Secretary of Transportation without any legislative action.
(C) A description of the feasibility and advisability of each of the legislative and regulatory actions identified by the study.
(D) The recommendations developed under subsection (a)(2)(E).
- (1)
MOTOR VEHICLE- The term ‘motor vehicle’ means a vehicle, machine,
tractor, trailer, or semitrailer propelled or drawn by mechanical power
and used on land, but does not include a vehicle, machine, tractor,
trailer, or semitrailer operated only on a rail line or custom
harvesting farm machinery.
(2) QUALIFYING MOTOR VEHICLE- The term ‘qualifying motor vehicle’ means a motor vehicle or combination of motor vehicles used to transport passengers or property that--
- (A)
has a gross combination vehicle weight rating of 26,001 pounds or more,
inclusive of a towed unit with a gross vehicle weight rating of more
than 10,000 pounds;
(B) has a gross vehicle weight rating of 26,001 pounds or more;
(C) is designed to transport 16 or more passengers, including the driver; or
(D) is of any size and is used in the transportation of materials found to be hazardous under chapter 51 of title 49, United States Code, and which require the motor vehicle to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations, or any corresponding similar regulation or ruling.
SEC. 1089. FIRE SUPPRESSION AGENTS.
- Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is amended--
- (1) in paragraph (2), by striking ‘or’ at the end;
(2) in paragraph (3), by striking the period at the end and inserting ‘; or’; and
(3) by adding at the end the following:
‘(4) is listed as acceptable for use as a fire suppression agent for nonresidential applications in accordance with section 612(c).’.
SEC. 1090. ACQUISITION AND PROCUREMENT EXCHANGES BETWEEN THE UNITED STATES AND INDIA.
- The Secretary of Defense should seek to establish exchanges
between acquisition and procurement officials of the Department of
Defense and defense officials of the Government of India to increase
mutual understanding regarding best practices in defense acquisition.
SEC. 1091. LONG-TERM PLAN FOR MAINTENANCE OF INTERCONTINENTAL BALLISTIC MISSILE SOLID ROCKET MOTOR PRODUCTION CAPACITY.
- 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), a long-term plan for maintaining a minimal capacity to
produce intercontinental ballistic missile solid rocket motors.
SEC. 1092. CYBERSECURITY COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF HOMELAND SECURITY.
- (a) Interdepartmental Collaboration-
- (1) IN GENERAL-
The Secretary of Defense and the Secretary of Homeland Security shall
provide personnel, equipment, and facilities in order to increase
interdepartmental collaboration with respect to--
- (A) strategic planning for the cybersecurity of the United States;
(B) mutual support for cybersecurity capabilities development; and
(C) synchronization of current operational cybersecurity mission activities.
- (A)
to improve the efficiency and effectiveness of requirements formulation
and requests for products, services, and technical assistance for, and
coordination and performance assessment of, cybersecurity missions
executed across a variety of Department of Defense and Department of
Homeland Security elements; and
(B) to leverage the expertise of each individual Department and to avoid duplicating, replicating, or aggregating unnecessarily the diverse line organizations across technology developments, operations, and customer support that collectively execute the cybersecurity mission of each Department.
- (1)
DEPARTMENT OF HOMELAND SECURITY- The Secretary of Homeland Security
shall identify and assign, in coordination with the Department of
Defense, a Director of Cybersecurity Coordination within the Department
of Homeland Security to undertake collaborative activities with the
Department of Defense.
(2) DEPARTMENT OF DEFENSE- The Secretary of Defense shall identify and assign, in coordination with the Department of Homeland Security, one or more officials within the Department of Defense to coordinate, oversee, and execute collaborative activities and the provision of cybersecurity support to the Department of Homeland Security.
SEC. 1093. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL GUARD DUTY.
- Section 4312(c)(4) of title 38, United States Code, is amended--
- (1) in subparagraph (D), by striking ‘or’ at the end;
(2) in subparagraph (E), by striking the period at the end and inserting ‘; or’; and
(3) by adding at the end the following new subparagraph:
‘(F) ordered to full-time National Guard duty (other than for training) under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds, as determined by the Secretary concerned.’.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. AUTHORITY OF THE SECRETARIES OF THE MILITARY DEPARTMENTS TO EMPLOY UP TO 10 PERSONS WITHOUT PAY.
- Section 1583 of title 10, United States Code, is amended in the first sentence--
- (1) by inserting ‘and the Secretaries of the military departments’ after ‘the Secretary of Defense’; and
(2) by inserting ‘each’ after ‘may’.
SEC. 1102. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL EMPLOYEE HEALTH BENEFITS FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
- (a) Extension for Department of Defense- Subparagraph (B) of section 8905a(d)(4) of title 5, United States Code, is amended--
- (1) in clause (i), by striking ‘December 31, 2011’ and inserting ‘October 1, 2015’; and
(2) in clause (ii)--
- (A) by striking ‘February 1, 2012’ and inserting ‘February 1, 2016’; and
(B) by striking ‘December 31, 2011’ and inserting ‘the date specified in clause (i)’.
SEC. 1103. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM.
- (a) Authority for Waiver- Subject to subsection (c), the
Secretary of Defense may waive the requirement under subsection
(f)(6)(B) of section 9902 of title 5, United States Code, for repayment
to the Department of Defense of a voluntary separation incentive payment
made under subsection (f)(1) of that section in the case of an employee
or former employee of the Department of Defense described in subsection
(b).
(b) Persons Covered- Subsection (a) applies to any employee or former employee of the Department of Defense--
- (1)
who during the period beginning on April 1, 2004, and ending on March
1, 2008, received a voluntary separation incentive payment under
subsection (f)(1) of section 9902 of title 5, United States Code;
(2) who was reappointed to a position in the Department of Defense to support a declared national emergency related to terrorism or a natural disaster during the period beginning on June 1, 2004, and ending on March 1, 2008; and
(3) with respect to whom the Secretary determines--
- (A)
that the employee or former employee, before accepting the
reappointment referred to in paragraph (2), received a representation
from an officer or employee of the Department of Defense that recovery
of the amount of the payment referred to in paragraph (1) would not be
required or would be waived; and
(B) that the employee or former employee reasonably relied on that representation when accepting reappointment.
(d) Treatment of Prior Repayments- The Secretary of Defense may, pursuant to a determination under subsection (c) specific to an individual, provide for reimbursement to that individual for any amount the individual has previously repaid to the United States for a voluntary separation incentive payment covered by this section. The reimbursement shall be paid either from the appropriations into which the repayment was deposited, if such appropriations remain available, or from appropriations currently available for the purposes of the appropriation into which the repayment was deposited.
(e) Expiration of Authority- The authority to grant a waiver under this section shall expire on December 31, 2012.
SEC. 1104. PERMANENT EXTENSION AND EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.
- (a) Permanent Extension- Section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note) is amended--
- (1) in subsection (a), by striking ‘During
the program period’ and all that follows through ‘use of the’ and
inserting ‘The Secretary of Defense may carry out a program to use the’;
and
(2) by striking subsections (e), (f), and (g).
- (1) in subparagraph (A), by striking ‘40’ and inserting ‘50’;
(2) in subparagraph (C), by striking ‘and’ at the end;
(3) in subparagraph (D), by adding ‘and’ at the end; and
(4) by adding at the end the following new subparagraph:
‘(E) not more than a total of 10 scientific and engineering positions in the Office of the Director of Operational Test and Evaluation;’.
SEC. 1105. MODIFICATION OF BENEFICIARY DESIGNATION AUTHORITIES FOR DEATH GRATUITY PAYABLE UPON DEATH OF A UNITED STATES GOVERNMENT EMPLOYEE IN SERVICE WITH THE ARMED FORCES.
- (a) Authority To Designate More Than 50 Percent of Death Gratuity to Unrelated Persons-
- (1) IN GENERAL- Paragraph (4) of section 8102a(d) of title 5, United States Code, is amended--
- (A)
by striking the first sentence and inserting ‘A person covered by this
section may designate another person to receive an amount payable under
this section.’; and
(B) in the second sentence, by striking ‘up to the maximum of 50 percent’.
‘(6) If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the agency, or other entity, in which that person is employed shall provide notice of the designation to the spouse.’.
SEC. 1106. TWO-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
- Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616), is amended by striking
‘fiscal years 2009, 2010, and 2011’ and inserting ‘fiscal years 2009
through 2013’.
SEC. 1107. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
- Effective January 1, 2012, section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4615), as most recently amended by section 1103 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4382), is further amended by striking
‘through 2011’ and inserting ‘through 2012’.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING ASSISTANCE AUTHORITY TO INCLUDE STOCKPILED CONVENTIONAL MUNITIONS.
- (a) Expansion- Section 407 of title 10, United States Code, is amended--
- (1) in subsection (a)--
- (A) in paragraph (1), by inserting ‘and stockpiled conventional munitions assistance’ after ‘humanitarian demining assistance’;
(B) in paragraph (2), by inserting ‘and stockpiled conventional munitions assistance’ after ‘Humanitarian demining assistance’; and
(C) in paragraph (3)--
- (i)
in the matter preceding subparagraph (A), by inserting ‘or stockpiled
conventional munitions assistance’ after ‘humanitarian demining
assistance’; and
(ii) in subparagraph (A), by inserting ‘, or stockpiled conventional munitions, as applicable,’ after ‘explosive remnants of war’;
- (A)
in paragraph (1), by inserting ‘and stockpiled conventional munitions
assistance’ after ‘humanitarian demining assistance’; and
(B) in paragraph (2), by inserting ‘or stockpiled conventional munitions assistance’ after ‘humanitarian demining assistance’;
- (A)
in paragraph (1), by inserting ‘or stockpiled conventional munitions
assistance’ after ‘humanitarian demining assistance’; and
(B) in paragraph (2)(B)--
- (i) by inserting ‘or stockpiled conventional munitions activities’ after ‘humanitarian demining activities’; and
(ii) by inserting ‘, or stockpiled conventional munitions, as applicable,’ after ‘explosive remnants of war’; and
‘(e) Definitions- In this section:(c) Clerical Amendments-
‘(1) HUMANITARIAN DEMINING ASSISTANCE- The term ‘humanitarian demining assistance’, as it relates to training and support, means detection and clearance of landmines and other explosive remnants of war.
‘(2) STOCKPILED CONVENTIONAL MUNITIONS ASSISTANCE- The term ‘stockpiled conventional munitions assistance’, as it relates to support of humanitarian assistance efforts, means training and support in the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance.
‘(3) INCLUDED ACTIVITIES- The terms in paragraphs (1) and (2) include activities related to the furnishing of education, training, and technical assistance with respect to explosive safety, the detection and clearance of landmines and other explosive remnants of war, and the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance.’.
- (1) SECTION HEADING- The heading of such section is amended to read as follows:
‘Sec. 407. Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations’.
- (2) TABLE OF SECTIONS- The table of sections at
the beginning of chapter 20 of such title is amended by striking the
item relating to section 407 and inserting the following new item:
‘407. Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations.’.
SEC. 1202. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITIES APPLICABLE TO COMMANDERS’ EMERGENCY RESPONSE PROGRAM.
- (a) One-year Extension of Authority-
- (1) IN GENERAL-
Subsection (a) of section 1202 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as most
recently amended by section 1212 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4389), is further amended--
- (A) in the subsection heading, by striking ‘Fiscal Year 2011’ and inserting ‘Fiscal Year 2012’;
(B) by striking ‘fiscal year 2011, from’ and inserting ‘fiscal year 2012’; and
(C) by striking ‘operation and maintenance’ and all that follows and inserting ‘operation and maintenance, not to exceed $400,000,000 may be used by the Secretary of Defense to provide funds for the Commanders’ Emergency Response Program in Afghanistan.’.
(c) Authority To Accept Contributions- Such section, as so amended by section 1212 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, is further amended--
- (1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new subsection (i):
‘(i) Authority To Accept Contributions- The Secretary of Defense may accept cash contributions from any person, foreign government, or international organization for the purposes specified in subsection (a). Funds received by the Secretary may be credited to the operation and maintenance account from which funds are made available to carry out the authority in subsection (a), and may be used for such purposes until expended in addition to the funds specified in that subsection.’.
SEC. 1203. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY.
- Section 1202(e) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2413), as most
recently amended by section 1204(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4623), is further amended by striking ‘September 30, 2011’ and
inserting ‘September 30, 2014’.
SEC. 1204. CONDITIONAL EXTENSION AND MODIFICATION OF AUTHORITY TO BUILD THE CAPACITY OF COUNTER TERRORISM FORCES OF YEMEN.
- (a) Extension- Subsection (a) of section 1205 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4387) is amended by striking ‘fiscal year 2011’ and
inserting ‘fiscal years 2011 and 2012’.
(b) Assistance Through Minor Military Construction- Subsection (b) of such section is amended--
- (1) in paragraph (1), by inserting ‘and minor military construction’ before the period at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new paragraph (3):
‘(3) LIMITATIONS ON MINOR MILITARY CONSTRUCTION- Minor military construction may be provided under subsection (a) only after September 30, 2011. The total amount that may be obligated and expended on such construction in any fiscal year may not exceed $10,000,000. Minor military construction may not be provided under subsection (a) in the city of Sana’a or in the Sana’a Governate, Yemen.’.
(d) Condition on Use of Authorities-
- (1)
NOTICE AND WAIT- An authority specified in paragraph (2) may not be
used until 60 days after the date on which the Secretary of Defense and
the Secretary of State jointly certify, in writing, to the appropriate
committees of Congress that the use of such authority is important to
the national security interests of the United States. The certification
on an authority shall include the following:
- (A) The reasons why the use of such authority is important to the national security interests of the United States.
(B) A justification for the provision of assistance pursuant to such authority.
(C) An acknowledgment by the Secretary of Defense and the Secretary of State that they have received assurance from the Government of Yemen that any assistance provided pursuant to such authority will be utilized in manner consistent with subsection (b)(2) of the applicable section.
- (A)
The authority in section 1205 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011, as amended by this section.
(B) The authority in section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 2456), as amended.
SEC. 1205. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
- (a) Extension- Subsection (h) of section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375), as most recently amended by section 1208(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4626), is further amended by striking ‘2013’ and
inserting ‘2017’.
(b) Clarification of Limitation on Funding- Subsection (g) of such section, as amended by section 1202(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended--
- (1) by striking ‘each fiscal year’ and inserting ‘any fiscal year’; and
(2) by striking ‘pursuant to title XV of this Act’ and inserting ‘for that fiscal year’.
SEC. 1206. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
- Of the funds available for fiscal year 2012 for building the
capacity of foreign military forces under section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), as most recently amended by section 1207 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4389), not more than $100,000,000 may be obligated
and expended until the Secretary of Defense and the Secretary of State
submit the report required by section 1237 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4642).
SEC. 1207. GLOBAL SECURITY CONTINGENCY FUND.
- (a) Establishment- There is established on the books of the
Treasury of the United States an account to be known as the ‘Global
Security Contingency Fund’.
(b) Authority- Amounts in the Fund shall be available to either the Secretary of State or the Secretary of Defense, notwithstanding any other provision of law, to provide assistance to countries designated by the Secretary of State, with the concurrence of the Secretary of Defense, for purposes of this section, as follows:
- (1) Assistance under this section may be provided
to enhance the capabilities of a foreign country’s national military
forces, and other national security forces that conduct border and
maritime security, internal security, and counterterrorism operations,
as well as the government agencies responsible for such forces, to--
- (A) conduct border and maritime security, internal defense, and counterterrorism operations; and
(B) participate in or support military, stability, or peace support operations consistent with United States foreign policy and national security interests.
- (1)
AUTHORIZED ELEMENTS- A program to provide the assistance under
subsection (b)(1) may include the provision of equipment, supplies, and
training.
(2) REQUIRED ELEMENTS- A program to provide the assistance under subsection (b)(1) shall include elements that promote--
- (A) observance of and respect for human rights and fundamental freedoms; and
(B) respect for legitimate civilian authority within that country.
- (1)
ASSISTANCE OTHERWISE PROHIBITED BY LAW- The Secretary of Defense and
the Secretary of State may not use the authority provided under
subsection (b) to provide any type of assistance that is otherwise
prohibited by any provision of law.
(2) LIMITATION ON ELIGIBLE COUNTRIES- The Secretary of Defense and the Secretary of State may not use the authority provided under subsection (b) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
- (1)
SECURITY PROGRAMS- The Secretary of State and the Secretary of Defense
shall jointly formulate assistance programs under subsection (b)(1).
Assistance programs to be carried out pursuant to subsection (b)(1)
shall be approved by the Secretary of State, with the concurrence of the
Secretary of Defense, prior to implementation.
(2) JUSTICE SECTOR AND STABILIZATION PROGRAMS- The Secretary of State, in consultation with the Secretary of Defense, shall formulate assistance programs under subsection (b)(2). Assistance programs to be carried out under the authority in subsection (b)(2) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, prior to implementation.
(g) Transfer Authority-
- (1)
FOREIGN ASSISTANCE AND OTHER FUNDS- Funds available to the Department
of State for foreign assistance may be transferred to the Fund by the
Secretary of State. Funds available to the Department of Defense may be
transferred to the Fund by the Secretary of Defense in accordance with
established procedures for reprogramming under section 1001 of this Act
and successor provisions of law. Amounts transferred under this
paragraph shall be merged with funds made available under this section
and remain available until expended as provided in subsection (i) for
the purposes specified in subsection (b).
(2) LIMITATION- The total amount of funds appropriated and transferred to the Fund in any fiscal year shall not exceed $300,000,000. This limitation does not apply to amounts contributed to the Fund under subsection (h).
(3) TRANSFERS TO OTHER ACCOUNTS- Funds made available to carry out assistance activities approved pursuant to subsection (c) may be transferred to accounts under the following authorities:
- (A)
Section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3456; relating to program to build
the capacity of foreign military forces).
(B) Section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to foreign military financing program).
(C) Section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291; relating to international narcotics control and law enforcement).
(D) Chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training program).
(E) Chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism assistance).
(F) Complex Crises Fund of the Foreign Assistance Act of 1961 (title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111-117; 123 Stat. 3327)).
(5) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority provided in paragraph (3) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.
(i) Availability of Funds- Amounts in the Fund shall remain available until September 30, 2015.
(j) Congressional Notification-
- (1)
SECURITY PROGRAMS- Not less than 15 days before initiating activities
under a program of assistance under subsection (b)(1), the Secretary of
Defense, with the concurrence of the Secretary of State, shall notify
the specified congressional committees of the program to be initiated.
(2) JUSTICE SECTOR AND STABILIZATION PROGRAMS- Not less than 15 days before initiating activities under a program of assistance under subsection (b)(2), the Secretary of State, with the concurrence of the Secretary of Defense, shall notify the specified congressional committees of the program to be initiated.
(3) EXERCISE OF TRANSFER AUTHORITY- Not less than 15 days before a transfer under the authority of subsection (g), the Secretary of State and the Secretary of Defense shall jointly notify the specified congressional committees of the transfer of funds into the Fund.
(l) Specified Congressional Committees- In this section, the term ‘specified congressional committees’ means--
- (1)
the Committee on Armed Services, the Committee on Foreign Affairs, and
the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
(n) Administrative Expenses- Amounts in the Fund may be used for necessary administrative expenses.
SEC. 1208. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN COUNTERTERRORISM FORCES OF EAST AFRICAN COUNTRIES.
- (a) Authority- The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance during fiscal years 2012
and 2013 as follows:
- (1) To enhance the capacity of the
national military forces, security agencies serving a similar defense
function, and border security forces of Djibouti, Ethiopia, and Kenya to
conduct counterterrorism operations against al Qaeda, al Qaeda
affiliates, and al Shabaab.
(2) To enhance the capacity of national military forces participating in the African Union Mission in Somalia to conduct counterterrorism operations described in paragraph (1).
- (1) AUTHORIZED
ELEMENTS- Assistance under subsection (a) may include the provision of
equipment, supplies, training, and minor military construction.
(2) REQUIRED ELEMENTS- Assistance under subsection (a) shall be provided in a manner that promotes--
- (A) observance of and respect for human rights and fundamental freedoms; and
(B) respect for legitimate civilian authority in the country receiving such assistance.
- (1) IN GENERAL-
Of the amount authorized to be appropriated for each of fiscal years
2012 and 2103 for the Department of Defense for operation and
maintenance (other than operation and maintenance for overseas
contingency operations), $75,000,000 may be utilized to provide
assistance under subsection (a).
(2) AVAILABILITY OF FUNDS FOR ASSISTANCE ACROSS FISCAL YEARS- Amounts available under this subsection for the authority in subsection (a) for a fiscal year may be used for assistance under that authority that begins in such fiscal year but ends in the next fiscal year.
- (1)
IN GENERAL- Not later than 30 days before providing assistance under
subsection (a), the Secretary of Defense shall submit to the committees
of Congress specified in paragraph (2) a notice setting forth the
assistance to be provided, including the types of such assistance, the
budget for such assistance, and the completion date for the provision of
such assistance.
(2) COMMITTEES OF CONGRESS- The committees of Congress specified in this paragraph are--
- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
SEC. 1209. SUPPORT OF FORCES PARTICIPATING IN OPERATIONS TO DISARM THE LORD’S RESISTANCE ARMY.
- (a) Authority- Pursuant to the policy established by the Lord’s
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172; 124 Stat. 1209), the Secretary of Defense may, with
the concurrence of Secretary of State, provide logistic support,
supplies, and services and intelligence support for forces participating
in operations to mitigate and eliminate the threat posed by the Lord’s
Resistance Army as follows:
- (1) The national military forces of Uganda.
(2) The national military forces of any other country determined by the Secretary of Defense, with the concurrence of the Secretary of State, to be participating in such operations.
(c) Funding- Of the amount authorized to be appropriated for the Department of Defense for each of fiscal years 2012 and 2013 for operation and maintenance, not more than $35,000,000 may be utilized in each such fiscal year to provide support under subsection (a).
(d) Limitations-
- (1)
IN GENERAL- The Secretary of Defense may not use the authority in
subsection (a) to provide any type of support that is otherwise
prohibited by any provision of law.
(2) ELIGIBLE COUNTRIES- The Secretary of Defense may not use the authority in subsection (a) to provide support to any foreign country that is otherwise prohibited from receiving such type of support under any other provision of law.
(f) Notice to Congress on Support To Be Provided- Not later than 5 days after the date on which funds are obligated to provide support under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice setting forth the following:
- (1) The type of support to be provided.
(2) The national military forces to be supported.
(3) The objectives of such support.
(4) The estimated cost of such support.
(5) The intended duration of such support.
(h) Definitions- In this section:
- (1) The term ‘appropriate committees of Congress’ means--
- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1221. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING OPERATIONS IN IRAQ AND AFGHANISTAN.
- (a) Extension- Section 1234 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394), as
amended by section 1218 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4394), is further amended by striking ‘fiscal year 2011’ each place it
appears and inserting ‘fiscal year 2012’.
(b) Amount of Funds Available- Subsection (d) of such section is amended by striking ‘$400,000,000’ and inserting ‘$450,000,000’.
(c) Additional Limitation on Availability of Funds- Of the funds available for logistical support under such section during fiscal year 2012, not more than $200,000,000 may be obligated and expended until the Secretary of Defense submits the report required by section 1234 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (124 Stat. 4397).
SEC. 1222. ONE-YEAR EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN.
- (a) Extension of Authority- Subsection (h) of section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2532), as amended by section 1214 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4391), is further amended by striking ‘December 31,
2011’ and inserting ‘December 31, 2012’.
(b) Quarterly Reports- Subsection (f)(1) of such section, as so amended, is further amended by striking ‘and every 90 days thereafter through March 31, 2012’ and inserting ‘every 90 days thereafter through March 31, 2012, and at the end of each calendar quarter, if any, thereafter through March 31, 2013, in which the authority in subsection (a) is implemented’.
SEC. 1223. ONE-YEAR EXTENSION OF AUTHORITIES APPLICABLE TO THE PAKISTAN COUNTERINSURGENCY FUND.
- (a) One-year Extension- Subsection (h) of section 1224 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2521), as amended by section 1220(a) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4395), is further amended by striking ‘September
30, 2011’ both places it appears and inserting ‘September 30, 2012’.
(b) Clarification of Source of Funds for Fund- Subsection (a)(1)(A) of such section is amended by striking ‘for fiscal year 2009’.
SEC. 1224. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN.
- Section 1216 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392) is
amended--
- (1) in subsection (a), by striking ‘fiscal year 2011’ and inserting ‘in each of fiscal years 2011 and 2012’; and
(2) in subsection (e), by striking ‘December 31, 2011’ and inserting ‘December 31, 2012’.
SEC. 1225. MODIFICATION OF AUTHORITY ON PROGRAM TO DEVELOP AND CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
- (a) Funding- Subsection (f) of section 1217 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4393; 22 U.S.C. 7513 note) is amended--
- (1) in paragraph (1), by inserting ‘or 2012’ after ‘fiscal year 2011’; and
(2) in paragraph (2), by striking ‘until September 30, 2012.’ and inserting ‘as follows:
‘(A) In the case of funds for fiscal year 2011, until September 30, 2012.
‘(B) In the case of funds for fiscal year 2012, until September 30, 2013.’.
SEC. 1226. ONE-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.
- (a) Extension- Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2519) and section 1213 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 12 Stat. 4391), is
further amended by striking ‘by section 1510 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011’ and inserting ‘for
fiscal year 2012 for overseas contingency operations’.
(b) Limitation on Amount Available- Subsection (d)(1) of such section, as so amended, is further amended--
- (1) by striking ‘fiscal year 2010 or 2011’ and inserting ‘fiscal year 2012’; and
(2) by striking ‘$1,600,000,000’ and inserting ‘$1,750,000,000’.
(d) Extension of Notice Requirement Relating to Reimbursement of Pakistan for Support Provided by Pakistan- Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1213(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, is further amended by striking ‘September 30, 2012’ and inserting ‘September 30, 2013’.
SEC. 1227. TWO-YEAR EXTENSION OF CERTAIN REPORTS ON AFGHANISTAN.
- (a) Report on Progress Toward Security and Stability in
Afghanistan- Section 1230(a) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most
recently amended by section 1231 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4395), is further amended by striking ‘2012’ and inserting ‘2014’.
(b) Report on United States Plan for Sustaining Afghanistan National Security Forces- Section 1231(a) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 390), as amended by section 1232 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (124 Stat. 4395), is further amended by striking ‘2012’ and inserting ‘2014’.
SEC. 1228. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
- (a) Authority- The Secretary of Defense may support United States
Government transition activities in Iraq by providing funds for the
following:
- (1) Operations and activities of the Office of Security Cooperation in Iraq.
(2) Operations and activities of security assistance teams in Iraq.
(c) Limitation on Amount- The total amount of funds provided under the authority in subsection (a) in fiscal year 2012 may not exceed $524,000,000.
(d) Source of Funds- Funds for purposes of subsection (a) for fiscal year 2012 shall be derived from amounts available for that fiscal year for operation and maintenance for the Air Force.
(e) Coverage of Costs of OSCI in Connection With Sales of Defense Articles or Defense Services to Iraq- The President shall ensure that any letter of offer for the sale to Iraq of any defense articles or defense services issued after the date of the enactment of this Act includes, consistent with the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.), charges for administrative services sufficient to recover the pro rata costs of operations and activities of the Office of Security Cooperation in Iraq and associated security assistance teams in Iraq in connection with such sale.
SEC. 1229. BENCHMARKS TO EVALUATE THE PROGRESS BEING MADE TOWARD THE TRANSITION OF SECURITY RESPONSIBILITIES FOR AFGHANISTAN TO THE GOVERNMENT OF AFGHANISTAN.
- (a) Findings- Congress makes the following findings:
- (1) October 7, 2011, will mark the 10-year anniversary of the start of Operation Enduring Freedom in Afghanistan.
(2) Military operations in Afghanistan have cost United States taxpayers more than $300,000,000,000 to date.
(3) As of June 6, 2011, 1,599 members of the United States Armed Forces have lost their lives in support of Operation Enduring Freedom in Afghanistan and more than 11,000 have been wounded.
(4) On December 1, 2009, at a speech at the United States Military Academy at West Point, New York, President Barack Obama stated that the United States would begin the transfer of United States Armed Forces out of Afghanistan in July 2011 with the pace of reductions to be based upon conditions on the ground.
(5) In the December 2010 Afghanistan-Pakistan Annual Review, President Obama reaffirmed that the core goal of the United States strategy in Afghanistan is to disrupt, dismantle, and defeat al Qaeda.
(6) In January 2010, participants at the London Conference pledged to develop a plan for phased transition to Afghan security lead. The North Atlantic Treaty Organization (NATO) and foreign ministers of the constituent elements of the International Security Assistance Force (ISAF) endorsed the Joint Framework for Transition in April 2010, and President Obama and President Karzai of Afghanistan committed to the process in a May 2010 joint statement.
(7) At the Kabul Conference in July 2010, the international community expressed its support for the objective of President Karzai that the Afghanistan National Security Forces (ANSF) should lead and conduct all military operations in all provinces in Afghanistan by the end of 2014, support that was later re-affirmed by North Atlantic Treaty Organization and International Security Assistance Force member nations at the Lisbon Summit in November 2010.
(8) On May 1, 2011, in support of the goal to disrupt, dismantle, and defeat al Qaeda, President Obama authorized a United States operation that killed Osama bin Laden, leader of al Qaeda. While the impact of his death on al Qaeda remains to be seen, Secretary of Defense Robert Gates called the death of bin Laden a ‘game changer’ in a speech on May 6, 2011.
(c) Transition Plan- The President shall devise a plan based on inputs from military commanders, NATO and Coalition allies, the diplomatic missions in the region, and appropriate members of the Cabinet, along with the consultation of Congress, for expediting the drawdown of United States combat troops in Afghanistan and accelerating the transfer of security authority to Afghan authorities.
(d) Submittal to Congress- The President shall include the most current set of benchmarks established pursuant to subsection (b) and the plan pursuant to subsection (c) with each report on progress toward security and stability in Afghanistan that is submitted to Congress under sections 1230 and 1231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385, 390).
SEC. 1230. CERTIFICATION REQUIREMENT REGARDING EFFORTS BY GOVERNMENT OF PAKISTAN TO IMPLEMENT A STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES.
- (a) Certification Requirement-
- (1) IN GENERAL- None of
the amounts authorized to be appropriated under this Act for the
Pakistan Counterinsurgency Fund or transferred to the Pakistan
Counterinsurgency Fund from the Pakistan Counterinsurgency Capability
Fund should be made available for the Government of Pakistan until the
Secretary of Defense, in consultation with the Secretary of State,
certifies to the congressional defense committees and the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that the Government of Pakistan is
demonstrating a continuing commitment to and is making significant
efforts towards the implementation of a strategy to counter improvised
explosive devices (IEDs).
(2) SIGNIFICANT IMPLEMENTATION EFFORTS- For purposes of this subsection, significant implementation efforts include attacking IED networks, monitoring of known precursors used in IEDs, and the development of a strict protocol for the manufacture of explosive materials, including calcium ammonium nitrate, and accessories and their supply to legitimate end users.
SEC. 1231. REPORT ON COALITION SUPPORT FUND REIMBURSEMENTS TO THE GOVERNMENT OF PAKISTAN FOR OPERATIONS CONDUCTED IN SUPPORT OF OPERATION ENDURING FREEDOM.
- (a) In General- Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a report to
the congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives assessing the effectiveness of the Coalition
Support Fund reimbursements to the Government of Pakistan for operations
conducted in support of Operation Enduring Freedom.
(b) Elements- The report required under subsection (a) shall include the following elements:
- (1) A description of the types of reimbursements requested by the Government of Pakistan.
(2) The total amount reimbursed to the Government of Pakistan since the beginning of Operation Enduring Freedom, in the aggregate and by fiscal year.
(3) The percentage and types of reimbursement requests made by the Government of Pakistan for which the United States Government has deferred or not provided payment.
(4) An assessment of the effectiveness of Coalition Support Fund reimbursements in supporting operations conducted by the Government of Pakistan in support of Operation Enduring Freedom and of the impact of those operations in containing the ability of terrorist organizations to threaten the stability of Afghanistan and Pakistan and to impede the operations of the United States in Afghanistan.
(5) Recommendations, if any, relative to potential alternatives to or termination of reimbursements from the Coalition Support Fund to the Government of Pakistan taking into account the transition plan for Afghanistan.
Subtitle C--Reports and Other Matters
SEC. 1241. REPORT ON PROGRESS OF THE AFRICAN UNION IN OPERATIONALIZING THE AFRICAN STANDBY FORCE.
- (a) Report Required- Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for Policy
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the progress of the African Union
in operationalizing the African Standby Force.
(b) Elements- The report required by subsection (a) shall include the following:
- (1)
An assessment of the existing personnel strengths and capabilities of
each of the five regional brigades of the African Standby Force and
their brigade-level headquarters.
(2) An assessment of the specific capacity-building needs of the African Standby Force, including with respect to supply management, information management, strategic planning, and other critical components.
(3) A description of the functionality of the supply depots of each brigade referred to in paragraph (1), and current information on existing stocks of each such brigade.
(4) An assessment of the capacity of the African Union to manage the African Standby Force.
(5) An assessment of inter-organizational coordination on assistance to the African Union and the African Standby Force between multilateral donors, including the United Nations, the European Union, and the North Atlantic Treaty Organization.
(6) An assessment of the capacity of the African Union to absorb additional international assistance toward the development of a fully functional African Standby Force.
SEC. 1242. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE NATIONAL GUARD STATE PARTNERSHIP PROGRAM.
- (a) Report Required- Not later than March 31, 2012, the
Comptroller General of the United States shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the National Guard State
Partnership Program.
(b) Elements- The report required by subsection (a) shall include the following:
- (1) A summary of the sources of funds for the State Partnership Program over the last five years.
(2) An analysis of the types and frequency of activities performed by participants in the State Partnership Program.
(3) A description of the objectives of the State Partnership Program and the manner in which objectives under the program are established and coordinated with the Office of the Secretary of Defense, the geographic combatant commands, United States Country Teams, and other departments and agencies of the United States Government.
(4) A description of the manner in which the Department of Defense selects and designates particular State and foreign country partnerships under the State Partnership Program.
(5) A description of the manner in which the Department measures the effectiveness of the activities under the State Partnership Program in meeting the objectives of the program.
(6) An assessment by the Comptroller General of the United States of the effectiveness of the activities under the State Partnership Program in meeting the objectives of the program.
SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYSTEMS ORIGINATING FROM LIBYA.
- (a) Statement of Policy- Pursuant to section 11 of the Department
of State Authorities Act of 2006 (22 U.S.C. 2349bb-6), the following is
the policy of the United States:
- (1) To reduce and mitigate,
to the greatest extent feasible, the threat posed to United States
citizens and citizens of allies of the United States by man-portable
air-defense systems (MANPADS) that were in Libya as of March 19, 2011.
(2) To seek the cooperation of, and to assist, the Government of Libya and governments of neighboring countries and other countries (as determined by the President) to secure, remove, or eliminate stocks of man-portable air-defense systems described in paragraph (1) that pose a threat to United States citizens and citizens of allies of the United States.
(3) To pursue, as a matter of priority, an agreement with the Government of Libya and governments of neighboring countries and other countries (as determined by the Secretary of State) to formalize cooperation with the United States to limit the availability, transfer, and proliferation of man-portable air-defense systems described in paragraph (1).
- (1)
IN GENERAL- The Director of National Intelligence shall submit to the
appropriate committees of Congress an assessment by the intelligence
community that accounts for the disposition of, and the threat to United
States citizens and citizens of allies of the United States posed by
man-portable air-defense systems that were in Libya as of March 19,
2011. The assessment shall be submitted as soon as practicable, but not
later than the end of the 45-day period beginning on the date of the
enactment of this Act.
(2) ELEMENTS- The assessment submitted under this subsection shall include the following:
- (A) An estimate of the number of man-portable air-defense systems that were in Libya as of March 19, 2011.
(B) An estimate of the number of man-portable air-defense systems in Libya as of March 19, 2011, that are currently in the secure custody of the Government of Libya, the United States, an ally of the United States, a member of the North Atlantic Treaty Organization (NATO), or the United Nations.
(C) An estimate of the number of man-portable air-defense systems in Libya as of March 19, 2011, that were destroyed, disabled, or otherwise rendered unusable during Operation Unified Protector and since the end of Operation Unified Protector.
(D) An assessment of the number of man-portable air-defense systems that is the difference between the number of man-portable air-defense systems in Libya as of March 19, 2011, and the cumulative number of man-portable air-defense systems accounted for under subparagraphs (B) and (C), and the current disposition and locations of such man-portable air-defense systems.
(E) An assessment of the number of man-portable air-defense systems that are currently in the custody of militias in Libya.
(F) A list of any organizations designated as terrorist organizations by the Department of State, or affiliate organizations or members of such organizations, that are known or believed to have custody of any man-portable air-defense systems that were in the custody of the Government of Libya as of March 19, 2011.
(G) An assessment of the threat posed to United States citizens and citizens of allies of the United States from unsecured man-portable air-defense systems (as defined in section 11 of the Department of State Authorities Act of 2006) originating from Libya.
(H) An assessment of the effect of the proliferation of man-portable air-defense systems that were in Libya as of March 19, 2011, on the price and availability of man-portable air-defense systems that are on the global arms market.
- (A) the reasons why the assessment cannot be submitted by the end of that period; and
(B) an estimated date for the submittal of the assessment.
- (1)
STRATEGY REQUIRED- The President shall develop and implement, and from
time to time update, a comprehensive strategy, pursuant to section 11 of
the Department of State Authorities Act of 2006, to reduce and mitigate
the threat posed to United States citizens and citizens of allies of
the United States from man-portable air-defense systems that were in
Libya as of March 19, 2011.
(2) REPORT REQUIRED-
- (A) IN
GENERAL- Not later than 45 days after the assessment required by
subsection (b) is submitted to the appropriate committees of Congress,
the President shall submit to the appropriate committees of Congress a
report setting forth the strategy required by paragraph (1).
(B) ELEMENTS- The report required by this paragraph shall include the following:
- (i)
An assessment of the effectiveness of efforts undertaken to date by the
United States, Libya, Mauritania, Egypt, Algeria, Tunisia, Mali,
Morocco, Niger, Chad, the United Nations, the North Atlantic Treaty
Organization, and any other country or entity (as determined by the
President) to reduce the threat posed to United States citizens and
citizens of allies of the United States from man-portable air-defense
systems that were in Libya as of March 19, 2011.
(ii) A timeline for future efforts by the United States, Libya, and neighboring countries to--
- (I) secure, remove, or disable any man-portable air-defense systems that remain in Libya;
(II) counter proliferation of man-portable air-defense systems originating from Libya that are in the region; and
(III) disrupt the ability of terrorists, non-state actors, and state sponsors of terrorism to acquire such man-portable air-defense systems.
(iv) A description of technologies currently available to reduce the susceptibility and vulnerability of civilian aircraft to man-portable air-defense systems, including an assessment of the feasibility of using aircraft-based anti-missile systems to protect United States passenger jets.
(v) Recommendations for the most effective policy measures that can be taken to reduce and mitigate the threat posed to United States citizens and citizens of allies of the United States from man-portable air-defense systems that were in Libya as of March 19, 2011.
(vi) Such recommendations for legislative or administrative action as the President considers appropriate to implement the strategy required by paragraph (1).
- (1)
the Committee on Armed Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1244. DEFENSE COOPERATION WITH REPUBLIC OF GEORGIA.
- (a) Plan for Normalization- Not later than 90 days after the date
of the enactment of this Act, the President shall develop and submit to
the congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a plan for the normalization of United States
defense cooperation with the Republic of Georgia, including the sale of
defensive arms.
(b) Objectives- The plan required under subsection (a) shall address the following objectives:
- (1)
To establish a normalized defense cooperation relationship between the
United States and the Republic of Georgia, taking into consideration the
progress of the Government of the Republic of Georgia on democratic and
economic reforms and the capacity of the Georgian armed forces.
(2) To support the Government of the Republic of Georgia in providing for the defense of its government, people, and sovereign territory, consistent with the continuing commitment of the Government of the Republic of Georgia to its nonuse-of-force pledge and consistent with Article 51 of the Charter of the United Nations.
(3) To provide for the sale by the United States of defense articles and services in support of the efforts of the Government of the Republic of Georgia to provide for its own self-defense consistent with paragraphs (1) and (2).
(4) To continue to enhance the ability of the Government of the Republic of Georgia to participate in coalition operations and meet NATO partnership goals.
(5) To encourage NATO member and candidate countries to restore and enhance their sales of defensive articles and services to the Republic of Georgia as part of a broader NATO effort to deepen its defense relationship and cooperation with the Republic of Georgia.
(6) To ensure maximum transparency in the United States-Georgia defense relationship.
- (1)
A needs-based assessment, or an update to an existing needs-based
assessment, of the defense requirements of the Republic of Georgia,
which shall be prepared by the Department of Defense.
(2) A description of each of the requests by the Government of the Republic of Georgia for purchase of defense articles and services during the two-year period ending on the date of the report.
(3) A summary of the defense needs asserted by the Government of the Republic of Georgia as justification for its requests for defensive arms purchases.
(4) A description of the action taken on any defensive arms sale request by the Government of the Republic of Georgia and an explanation for such action.
SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE FINANCIAL SECTOR OF IRAN.
- (a) Findings- Congress makes the following findings:
- (1)
On November 21, 2011, the Secretary of the Treasury issued a finding
under section 5318A of title 31, United States Code, that identified
Iran as a jurisdiction of primary money laundering concern.
(2) In that finding, the Financial Crimes Enforcement Network of the Department of the Treasury wrote, ‘The Central Bank of Iran, which regulates Iranian banks, has assisted designated Iranian banks by transferring billions of dollars to these banks in 2011. In mid-2011, the CBI transferred several billion dollars to designated banks, including Saderat, Mellat, EDBI and Melli, through a variety of payment schemes. In making these transfers, the CBI attempted to evade sanctions by minimizing the direct involvement of large international banks with both CBI and designated Iranian banks.’.
(3) On November 22, 2011, the Under Secretary of the Treasury for Terrorism and Financial Intelligence, David Cohen, wrote, ‘Treasury is calling out the entire Iranian banking sector, including the Central Bank of Iran, as posing terrorist financing, proliferation financing, and money laundering risks for the global financial system.’.
(c) Freezing of Assets of Iranian Financial Institutions- The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of an Iranian financial institution if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(d) Imposition of Sanctions With Respect to the Central Bank of Iran and Other Iranian Financial Institutions-
- (1)
IN GENERAL- Except as specifically provided in this subsection,
beginning on the date that is 60 days after the date of the enactment of
this Act, the President--
- (A) shall prohibit the opening or
maintaining in the United States of a correspondent account or a
payable-through account by a foreign financial institution that the
President determines has knowingly conducted or facilitated any
significant financial transaction with the Central Bank of Iran or
another Iranian financial institution designated by the Secretary of the
Treasury for the imposition of sanctions pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and
(B) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the Central Bank of Iran.
(3) APPLICABILITY OF SANCTIONS WITH RESPECT TO FOREIGN CENTRAL BANKS- Except as provided in paragraph (4), sanctions imposed under paragraph (1)(A) shall apply with respect to a foreign financial institution owned or controlled by the government of a foreign country, including a central bank of a foreign country, only insofar as it engages in a financial transaction for the sale or purchase of petroleum or petroleum products to or from Iran conducted or facilitated on or after that date that is 180 days after the date of the enactment of this Act.
(4) APPLICABILITY OF SANCTIONS WITH RESPECT TO PETROLEUM TRANSACTIONS-
- (A)
REPORT REQUIRED- Not later than 60 days after the date of the enactment
of this Act, and every 60 days thereafter, the Administrator of the
Energy Information Administration, in consultation with the Secretary of
the Treasury, shall submit to Congress a report on the availability and
price of petroleum and petroleum products produced in countries other
than Iran in the 60-day period preceding the submission of the report.
(B) DETERMINATION REQUIRED- Not later than 90 days after the date of the enactment of the Act, and every 180 days thereafter, the President shall make a determination, based on the reports required by subparagraph (A), of whether the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly in volume their purchases from Iran.
(C) APPLICATION OF SANCTIONS- Except as provided in subparagraph (D), sanctions imposed under paragraph (1)(A) shall apply with respect to a financial transaction conducted or facilitated by a foreign financial institution on or after the date that is 180 days after the date of the enactment of this Act for the purchase of petroleum or petroleum products from Iran if the President determines pursuant to subparagraph (B) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions.
(D) EXCEPTION- Sanctions imposed pursuant to paragraph (1) shall not apply with respect to a foreign financial institution if the President determines and reports to Congress, not later than 90 days after the date on which the President makes the determination required by subparagraph (B), and every 180 days thereafter, that the country with primary jurisdiction over the foreign financial institution has significantly reduced its volume of crude oil purchases from Iran during the period beginning on the date on which the President submitted the last report with respect to the country under this subparagraph.
- (A) determines that such a waiver is vital to the national security of the United States; and
(B) submits to Congress a report--
- (i) providing a justification for the waiver; and
(ii) that includes any concrete cooperation the President has received or expects to receive as a result of the waiver.
- (1) IN GENERAL- The President shall--
- (A) carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran--
- (i)
to limit the use by Iran of revenue from purchases of oil to purchases
of non-luxury consumers goods from the country purchasing the oil; and
(ii) to prohibit purchases by Iran of--
- (I) military or dual-use technology, including items--
(bb) in the Annex on Chemicals to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ‘Chemical Weapons Convention’);
(cc) in Part 1 or 2 of the Nuclear Suppliers Group Guidelines; or
(dd) on a control list of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; or
- (II) any other item that could contribute to Iran’s conventional, nuclear, chemical or biological weapons program; and
(g) Definitions- In this section:
- (1)
ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE-THROUGH ACCOUNT- The terms
‘account’, ‘correspondent account’, and ‘payable-through account’ have
the meanings given those terms in section 5318A of title 31, United
States Code.
(2) FOREIGN FINANCIAL INSTITUTION- The term ‘foreign financial institution’ has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).
(3) UNITED STATES PERSON- The term ‘United States person’ means--
- (A)
a natural person who is a citizen or resident of the United States or a
national of the United States (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)); and
(B) an entity that is organized under the laws of the United States or jurisdiction within the United States.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
- (a) Specification of Cooperative Threat Reduction Programs- For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2632 note).
(b) Fiscal Year 2012 Cooperative Threat Reduction Funds Defined- As used in this title, the term ‘fiscal year 2012 Cooperative Threat Reduction funds’ means the funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs.
(c) Availability of Funds- Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat Reduction programs shall be available for obligation for fiscal years 2012, 2013, and 2014.
SEC. 1302. FUNDING ALLOCATIONS.
- (a) Funding for Specific Purposes- Of the $508,219,000 authorized
to be appropriated to the Department of Defense for fiscal year 2012 in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
- (1) For strategic offensive arms elimination, $63,221,000.
(2) For chemical weapons destruction, $9,804,000.
(3) For global nuclear security, $121,143,000.
(4) For cooperative biological engagement, $259,470,000.
(5) For proliferation prevention, $28,080,000.
(6) For threat reduction engagement, $2,500,000.
(7) For other assessments/administrative support, $24,001,000.
(c) Limited Authority To Vary Individual Amounts-
- (1)
IN GENERAL- Subject to paragraph (2), in any case in which the
Secretary of Defense determines that it is necessary to do so in the
national interest, the Secretary may obligate amounts appropriated for
fiscal year 2012 for a purpose listed in paragraphs (1) through (7) of
subsection (a) in excess of the specific amount authorized for that
purpose.
(2) NOTICE-AND-WAIT REQUIRED- An obligation of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--
- (A)
the Secretary submits to Congress notification of the intent to do so
together with a complete discussion of the justification for doing so;
and
(B) 15 days have elapsed following the date of the notification.
SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION.
- Not more than $500,000 of the fiscal year 2012 Cooperative Threat
Reduction funds may be obligated or expended to establish a center of
excellence in a country that is not a state of the former Soviet Union
until the date that is 15 days after the date on which the Secretary of
Defense submits to the congressional defense committees a report that
includes the following:
- (1) An identification of the country in which the center will be located.
(2) A description of the purpose for which the center will be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
- (A) the amount of funds to be provided by the government of the country in which the center will be located; and
(B) the percentage of the total cost of establishing and operating the center the funds described in subparagraph (A) will cover.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Armed Forces and other activities and agencies
of the Department of Defense for providing capital for working capital
and revolving funds, as specified in the funding table in section 4401.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the National Defense Sealift Fund, as specified in the funding
table in section 4401.
SEC. 1403. DEFENSE HEALTH PROGRAM.
- Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4401.
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
- (a) Authorization of Appropriations- Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2012
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4401.
(b) Use- Amounts authorized to be appropriated under subsection (a) are authorized for--
- (1)
the destruction of lethal chemical agents and munitions in accordance
with section 1412 of the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
- Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4401.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
- Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4401.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
- (a) Obligation of Stockpile Funds- During fiscal year 2012, the
National Defense Stockpile Manager may obligate up to $50,107,320 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations- The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification.
(c) Limitations- The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
- Section 3402(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as most
recently amended by section 1412 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4412), is further amended by striking ‘$730,000,000 by the end of fiscal
year 2013’ in paragraph (5) and inserting ‘$830,000,000 by the end of
fiscal year 2016’.
Subtitle C--Armed Forces Retirement Home
PART I--AUTHORIZATION OF APPROPRIATIONS
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS.
- There is hereby authorized to be appropriated for fiscal year
2012 from the Armed Forces Retirement Home Trust Fund the sum of
$67,700,000 for the operation of the Armed Forces Retirement Home.
PART II--ARMED FORCES RETIREMENT HOME AUTHORITIES
SEC. 1422. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF 1991.
- Except as otherwise expressly provided, whenever in this part an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Armed
Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24
U.S.C. 401 et seq.).
SEC. 1423. ANNUAL VALIDATION OF MULTIYEAR ACCREDITATION.
- (a) In General- Section 1511(g) (24 U.S.C. 411(g)) is amended--
- (1) by inserting ‘(1)’ before ‘The Chief Operating Officer shall’; and
(2) by adding at the end the following new paragraph:
‘(2)(A) If the Chief Operating Officer secures accreditation for a facility of the Retirement Home (or for any aspect of a facility of the Retirement Home) that is effective for a period of more than one year, for each year after the first year for which such accreditation is in effect, the Chief Operating Officer shall seek to obtain, from the organization that awarded the accreditation, a validation of the accreditation. The requirement in the preceding sentence shall not apply with respect to a facility of the Retirement Home for any year for which the Inspector General of the Department of Defense conducts an inspection of that facility under section 1518(b).(b) Conforming Amendment- The heading of such section is amended by inserting ‘and Annual Validation’ after ‘Accreditation’.
‘(B) In carrying out subparagraph (A) with respect to validation of an accreditation, the Chief Operating Officer may substitute another nationally recognized civilian accrediting organization if the organization that awarded the accreditation is not available.’.
SEC. 1424. CLARIFICATION OF DUTIES OF SENIOR MEDICAL ADVISOR.
- Section 1513A(c) (24 U.S.C. 413a(c)) is amended--
- (1) in paragraph (3)--
- (A) by striking ‘and inspect’ after ‘Periodically visit’; and
(B) by inserting before the period the following: ‘and review medical reports, inspections, and records audits to make sure appropriate follow-up has been made’; and
SEC. 1425. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES FOR EACH FACILITY WITH SINGLE ADVISORY COUNCIL.
- (a) Establishment of AFRH Advisory Council- Section 1516 (24 U.S.C. 416) is amended to read as follows:
‘SEC. 1516. ADVISORY COUNCIL.
‘(a) Establishment- The Retirement Home shall have an Advisory Council, to be known as the ‘Armed Forces Retirement Home Advisory Council’. The Advisory Council shall serve the interests of both facilities of the Retirement Home.
‘(b) Composition; Terms of Service- (1) The Advisory Council shall consist of at least 11 members, each of whom shall be a full or part-time Federal employee and at least one of whom shall be from the Department of Veterans Affairs. Members of the Advisory Council shall be designated by the Secretary of Defense, except that a member who is an employee of a department or agency outside of the Department of Defense shall be designated by the head of such department or agency in consultation with the Secretary of Defense.
‘(2)(A) Except as provided in subparagraphs (B) and (C), the term of service of a member of the Advisory Council shall be two years. A member may be designated to serve one additional term.
‘(B) Unless earlier terminated by the Secretary of Defense, a person may continue to serve as a member of the Advisory Council after the expiration of the member’s term until a successor is designated.
‘(C) The Secretary of Defense may terminate the appointment of a member of the Advisory Council before the expiration of the member’s term for any reason that the Secretary determines appropriate.
‘(3) The Secretary of Defense shall designate one member of the Advisory Council to serve as the chair of the Advisory Council.
‘(c) Duties- (1) The Advisory Council shall provide to the Chief Operating Officer and the Administrator of each facility such observations, advice, and recommendations regarding the Retirement Home as the Advisory Council considers appropriate.
‘(2) Not less often than annually, the Advisory Council shall submit to the Secretary of Defense a report summarizing its activities during the preceding year and providing such observations and recommendations with respect to the Retirement Home as the Advisory Council considers appropriate.
‘(3) In carrying out its duties, the Advisory Council shall provide for participation in its activities by a representative of the resident advisory committee of each facility of the Retirement Home.’.
(b) Conforming Amendments-
(1) DEFINITION- Paragraph (2) of section 1502 (24 U.S.C. 401) is amended to read as follows:
‘(2) The term ‘Advisory Council’ means the Armed Forces Retirement Home Advisory Council established by section 1516.’.
(2) RESPONSIBILITIES AND DUTIES OF SENIOR MEDICAL ADVISOR- Section 1513A(b) (24 U.S.C. 413a(b)) is amended--
(A) in paragraph (1), by striking ‘and the Chief Operating Officer’ and inserting ‘, the Chief Operating Officer, and the Advisory Council’; and
(3) RESPONSIBILITIES OF CHIEF OPERATING OFFICER- Section 1515(c)(2) (24 U.S.C. 415(c)(2)) is amended by striking ‘, including the Local Boards of those facilities’.
(B) in paragraph (2), by striking ‘to the Local Board’ and all that follows and inserting ‘to the Advisory Council regarding all medical and medical administrative matters of each facility of the Retirement Home.’.
(4) INSPECTION OF RETIREMENT HOME- Section 1518 (24 U.S.C. 418) is amended by striking ‘Local Board for the facility’ each place it appears and inserting ‘Advisory Council’.
SEC. 1426. ADMINISTRATORS AND OMBUDSMEN OF FACILITIES.
- (a) Leadership of Facilities of the Retirement Home- Section 1517 (24 U.S.C. 417) is amended--
- (1)
in subsection (a), by striking ‘a Director, a Deputy Director, and an
Associate Director’ and inserting ‘an Administrator and an Ombudsman’;
(2) in subsections (b) and (c), by striking ‘Director’ each place it appears and inserting ‘Administrator’;
(3) by striking subsections (d) and (e) and redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively;
(4) in subsection (d), as so redesignated, by striking ‘Associate Director’ each place it appears and inserting ‘Ombudsman’;
(5) in subsection (e), as so redesignated--
- (A) by striking ‘Associate Director’ and inserting ‘Ombudsman’;
(B) by striking ‘Director and Deputy Director’ and inserting ‘Administrator’; and
(C) by striking ‘Director may’ and inserting ‘Administrator may’;
(7) in subsection (g), as so redesignated--
- (A) in paragraph (1), by striking ‘Directors’ and inserting ‘Administrators’; and
(B) in paragraph (2), by striking ‘a Director’ and inserting ‘an Administrator’.
- (1) in the headings of subsections (b) and (c), by striking ‘Director’ and inserting ‘Administrator’;
(2) in the headings of subsection (d) and (e), as redesignated by subsection (a)(3), by striking ‘Associate Director’ and inserting ‘Ombudsman’; and
(3) in the heading of subsection (g), as so redesignated, by striking ‘Directors’ and inserting ‘Administrators’.
- (1)
The following provisions are amended by striking ‘Director’ each place
it appears and inserting ‘Administrator’: sections 1511(d)(2), 1512(c),
1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) (24
U.S.C. 411(d)(2), 412(c), 414(a), 418(c), 418(d)(2), 420, 422, 423(b)).
(2) Sections 1514(b) and 1520(c) (24 U.S.C. 414(b), 420(c)) are amended by striking ‘Directors’ and inserting ‘Administrators’.
SEC. 1427. INSPECTION REQUIREMENTS.
- Section 1518 (24 U.S.C. 418) is amended--
- (1) in subsection (b)--
- (A) in paragraph (1)--
- (i)
by striking ‘In any year in which a facility of the Retirement Home is
not inspected by a nationally recognized civilian accrediting
organization,’ and inserting ‘Not less often than every three years,’;
(ii) by striking ‘of that facility’ and inserting ‘of each facility of the Retirement Home’;
(iii) by inserting ‘long-term care,’ after ‘assisted living,’; and
(iv) by striking ‘or council’; and
- (A) by striking paragraph (2);
(B) by designating the second sentence as a new paragraph (2) and indenting such paragraph, as so designated, two ems from the left margin; and
(C) in such paragraph (2), as so designated--
- (i) by striking ‘45 days’ and inserting ‘90 days’; and
(ii) by adding at the end the following new sentence: ‘The report shall include the plan of the Chief Operating Officer to address the recommendations and other matters set forth in the report.’; and
- (A) by striking ‘45 days’ and inserting ‘60 days’;
(B) by striking ‘Director of the facility concerned’ and inserting ‘Chief Operating Officer’; and
(C) by striking ‘, the Chief Operating Officer,’ after ‘Secretary of Defense’.
SEC. 1428. REPEAL OF OBSOLETE PROVISIONS.
- Part B, relating to transitional provisions for the Armed Forces
Retirement Home Board and the Directors and Deputy Directors of the
facilities of the Armed Forces Retirement Home, is repealed.
SEC. 1429. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
- (a) Correction of Obsolete References to Retirement Home Board-
- (1)
ARMED FORCES RETIREMENT HOME ACT- Section 1519(a)(2) (24 U.S.C.
419(a)(2)) is amended by striking ‘Retirement Home Board’ and inserting
‘Chief Operating Officer’.
(2) TITLE 10, USC- Section 2772(b) of title 10, United States Code, is amended by striking ‘Armed Forces Retirement Home Board’ and inserting ‘Chief Operating Officer of the Armed Forces Retirement Home’.
- (1) SECTION 1501- The heading of section 1501 is amended to read as follows:
‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’.
- (2) SECTION 1513- The heading of section 1513 is amended to read as follows:
‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’.
- (3) SECTION 1513A- The heading of section 1513A is amended to read as follows:
‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.’.
- (4) SECTION 1517- The heading of section 1517 is amended to read as follows:
‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.’.
- (5) SECTION 1518- The heading of section 1518 is amended to read as follows:
‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES BY DEPARTMENT OF DEFENSE INSPECTOR GENERAL AND OUTSIDE INSPECTORS.’.
- (6) PUNCTUATION- The headings of sections 1512 and 1520 are each amended by adding a period at the end.
(d) Table of Contents- The table of contents in section 1501(b) is amended--
- (1) by striking the item relating to the heading for part A;
(2) by striking the items relating to sections 1513 and 1513A and inserting the following new items:
‘Sec. 1513. Services provided to residents.(3) by striking the items relating to sections 1516, 1517, and 1518 and inserting the following new items:
‘Sec. 1513A. Oversight of health care provided to residents.’;
‘Sec. 1516. Advisory Council.(4) by striking the items relating to part B (including the items relating to sections 1531, 1532, and 1533).
‘Sec. 1517. Administrators, Ombudsmen, and staff of facilities.
‘Sec. 1518. Periodic inspection of Retirement Home facilities by Department of Defense Inspector General and outside inspectors.’; and
Subtitle D--Other Matters
SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
- (a) Authority for Transfer of Funds- Funds authorized to be
appropriated by section 1403 and available for Defense Health Program
for operation and maintenance as specified in the funding table in
section 4401 may be transferred by the Secretary of Defense to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund established by subsection (a)(1) of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as amounts
authorized and appropriated for the Department of Defense specifically
for such transfer.
(b) Use of Transferred Funds- For purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement pursuant to section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 455).
TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
- The purpose of this subtitle is to authorize appropriations for
the Department of Defense for fiscal year 2012 to provide additional
funds for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for procurement accounts for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified in the
funding table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1504. OPERATION AND MAINTENANCE.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Armed Forces and other activities and agencies
of the Department of Defense for expenses, not otherwise provided for,
for operation and maintenance, as specified in the funding table in
section 4302.
SEC. 1505. MILITARY PERSONNEL.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the Department of Defense for military personnel in the amount
of $10,228,566,000.
SEC. 1506. WORKING CAPITAL FUNDS.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Armed Forces and other activities and agencies
of the Department of Defense for providing capital for working capital
and revolving funds, as specified in the funding table in section 4402.
SEC. 1507. DEFENSE HEALTH PROGRAM.
- Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4402.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
- Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4402.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
- Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4402.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
- The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1522. SPECIAL 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 title 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- The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4,000,000,000.
(c) Additional Authority- The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
Subtitle C--Other Matters
SEC. 1531. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN.
- (a) Enhancement of Authority- Subsection (a) of section 1535 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4426) is amended--
- (1) in
paragraph (3), by striking ‘may include projects’ and all that follows
and inserting ‘may include projects that facilitate private investment,
mining sector development, industrial development, and other projects
determined by the Secretary of Defense, with the concurrence of the
Secretary of State, as strengthening stability or providing strategic
support to the counterinsurgency campaign in Afghanistan.’;
(2) in paragraph (4), by striking ‘The’ and inserting ‘During each of fiscal years 2011 and 2012, the’;
(3) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and
(4) by inserting after paragraph (4) the following new paragraph (5):
‘(5) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL YEARS- Amounts available to carry out the authority in paragraph (1) shall be available for projects under that authority that begin in a fiscal year and end in the following fiscal year.’.
(c) Annual Reports- Paragraph (7) of such subsection, as so redesignated, is further amended--‘(8) EXPIRATION OF AUTHORITY- A project may not be commenced under the authority in paragraph (1) after September 30, 2012.’.
- (1)
in the matter preceding subparagraph (A), by striking ‘, 2011’ and
inserting ‘of each year following a fiscal year in which the authority
in paragraph (1) is exercised’; and
(2) in subparagraph (A), by striking ‘during fiscal year 2011’ and inserting ‘during that fiscal year’.
- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following new subsection (c):
‘(c) Additional Members- The members of the Task Force for Business and Stability Operations in Afghanistan may include the following:
‘(1) A representative of the Department of State, designated by the Secretary of State.
‘(2) A representative of the United States Agency for International Development, designated by the Administrator of the United States Agency for International Development.’.
SEC. 1532. MODIFICATION OF AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY FORCES FUND.
- (a) Limitations- Funds available to the Department of Defense for
the Afghanistan Security Forces Fund for fiscal year 2012 shall be
subject to the conditions contained in subsections (b) through (g) of
section 1513 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428), as amended by section 1531(b)
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4424).
(b) Availability for Literacy Instruction and Training- Assistance provided utilizing funds in the Afghanistan Security Forces Fund may include literacy instruction and training to build the logistical, management, and administrative capacity of military and civilian personnel of the Ministry of Defense and Ministry of Interior, including through instruction at training facilities of the North Atlantic Treaty Organization Training Mission in Afghanistan.
SEC. 1533. LIMITATION ON AVAILABILITY OF FUNDS FOR TRANS REGIONAL WEB INITIATIVE.
- None of the amounts authorized to be appropriated by this Act may
be obligated or expended on any program under the Trans Regional Web
Initiative of the Department of Defense, or any similar initiative,
until the Secretary of Defense certifies, in writing, to the Committees
on Armed Services of the Senate and the House of Representatives that
such program--
- (1) appropriately defines its target audience;
(2) is determined to be the most effective method to reach such target audience;
(3) is the most cost-effective means of reaching such target audience; and
(4) includes measurement mechanisms to ensure such target audience is being reached.
SEC. 1534. REPORT ON LESSONS LEARNED FROM DEPARTMENT OF DEFENSE PARTICIPATION ON INTERAGENCY TEAMS FOR COUNTERTERRORISM OPERATIONS IN AFGHANISTAN AND IRAQ.
- (a) Report Required- Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the lessons learned from
Department of Defense participation on interagency teams for
counterterrorism operations on Afghanistan and Iraq.
(b) Elements- The report required by subsection (a) shall include the following:
- (1) An assessment of the value of interagency teams in counterterrorism operations.
(2) A description of the best practices of such interagency teams.
(3) A description of efforts to codify the best practices of interagency teams described under paragraph (2) in military doctrine.
(4) An assessment whether the lessons learned through Department of Defense participation on such interagency teams is applicable to other interagency teams in which Department personnel participate.
(5) An assessment of the feasibility and advisability of adding a skill identifier to track Department civilian and military personnel who have successfully supported, participated on, or led an interagency team.
(6) A description of the additional authorities, if any, needed to permit Department personnel to more effectively support, participate on, or lead an interagency team.
TITLE XVI--NATIONAL GUARD EMPOWERMENT
SEC. 1601. SHORT TITLE.
- This title may be cited as the ‘National Guard Empowerment and State-National Defense Integration Act of 2011’.
SEC. 1602. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AND TERMINATION OF POSITION OF DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
- (a) Reestablishment and Termination of Positions- Section 10505 of title 10, United States Code, is amended to read as follows:
‘Sec. 10505. Vice Chief of the National Guard Bureau
‘(a) Appointment- (1) There is a Vice Chief of the National Guard Bureau, selected by the Secretary of Defense from officers of the Army National Guard of the United States or the Air National Guard of the United States who--
‘(A) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;
‘(2) The Chief and Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force.
‘(B) have had at least 10 years of federally recognized service in an active status in the National Guard; and
‘(C) are in a grade above the grade of brigadier general.
‘(3)(A) Except as provided in subparagraph (B), an officer appointed as Vice Chief of the National Guard Bureau serves for a term of four years, but may be removed from office at any time for cause.
‘(B) The term of the Vice Chief of the National Guard Bureau shall end within a reasonable time (as determined by the Secretary of Defense) following the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief.
‘(b) Duties- The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau.
‘(c) Grade- The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of lieutenant general.
‘(d) Functions as Acting Chief- When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence of disability ceases.’.
(b) Conforming Amendments-
(1) Section 10502 of such title is amended by striking subsection (e).
(c) Clerical Amendments-
(2) Section 10506(a)(1) of such title is amended by striking ‘and the Director of the Joint Staff of the National Guard Bureau’ and inserting ‘and the Vice Chief of the National Guard Bureau’.
(1) HEADING AMENDMENT- The heading of section 10502 of such title is amended to read as follows:
‘Sec. 10502. Chief of the National Guard Bureau: appointment; advisor on National Guard matters; grade’.
- (2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 1011 of such title is amended--
- (A) by striking the item relating to section 10502 and inserting the following new item:
‘10502. Chief of the National Guard Bureau: appointment; advisor on National Guard matters; grade.’;
- and
(B) by striking the item relating to section 10505 and inserting the following new item:
‘10505. Vice Chief of the National Guard Bureau.’.
SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD BUREAU ON THE JOINT CHIEFS OF STAFF.
- (a) Membership on Joint Chiefs of Staff- Section 151(a) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
(b) Conforming Amendments- Section 10502 of such title, as amended by section 2(b)(1) of this Act, is further amended--‘(7) The Chief of the National Guard Bureau.’.
- (1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
‘(d) Member of Joint Chiefs of Staff- The Chief of the National Guard Bureau shall perform the duties prescribed for him or her as a member of the Joint Chiefs of Staff under section 151 of this title.’.
SEC. 1604. CONTINUATION AS A PERMANENT PROGRAM AND ENHANCEMENT OF ACTIVITIES OF TASK FORCE FOR EMERGENCY READINESS PILOT PROGRAM OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
- (a) Continuation-
- (1) CONTINUATION AS PERMANENT
PROGRAM- The Administrator of the Federal Emergency Management Agency
shall continue the Task Force for Emergency Readiness (TFER) pilot
program of the Federal Emergency Management Agency as a permanent
program of the Agency.
(2) LIMITATION ON TERMINATION- The Administrator may not terminate the Task Force for Emergency Readiness program, as so continued, until authorized or required to terminate the program by law.
(c) Additional FEMA Activities- As part of the continuation of the Task Force for Emergency Readiness program pursuant to subsection (a), the Administrator shall--
- (1) establish guidelines and standards
to be used by the States in strengthening the planning and planning
capacities of the States with respect to responses to catastrophic
disaster emergencies; and
(2) develop a methodology for implementing the Task Force for Emergency Readiness that includes goals and standards for assessing the performance of the Task Force.
- (1) assist the
Administrator in the establishment of the guidelines and standards,
implementation methodology, and performance goals and standards required
by subsection (c);
(2) in coordination with the Administrator--
- (A)
identify, using catastrophic disaster response plans for each State
developed under the program, any gaps in State civilian and military
response capabilities that Federal military capabilities are unprepared
to fill; and
(B) notify the Secretary of Defense, the Commander of the United States Northern Command, and the Commander of the United States Pacific Command of any gaps in capabilities identified under subparagraph (A); and
(f) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--
- (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
SEC. 1605. REPORT ON COMPARATIVE ANALYSIS OF COSTS OF COMPARABLE UNITS OF THE RESERVE COMPONENTS AND THE REGULAR COMPONENTS OF THE ARMED FORCES.
- (a) Report Required-
- (1) IN GENERAL- Not later than 180
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 comparative analysis of the costs of units of the
regular components of the Armed Forces with the costs of similar units
of the reserve components of the Armed Forces. The analysis shall
include a separate comparison of the costs of units in the aggregate and
of the costs of units solely when on active duty.
(2) SIMILAR UNITS- For purposes of this subsection, units of the regular components and reserve components shall be treated as similar if such units have the same general structure, personnel, or function, or are substantially composed of personnel having identical or similar military occupational specialties (MOS).
(c) Comptroller General Report- Not later than 180 days after the date of the submittal of the report required by subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth a review of such report by the Comptroller General. The report of the Comptroller General shall include an assessment of the comparative analysis contained in the report required by subsection (a) and of the assessment of the Secretary pursuant to subsection (b).
SEC. 1606. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE RESERVE COMPONENTS OF THE ARMED FORCES UNDER ESTIMATED EXPENDITURES FOR PROCUREMENT IN FUTURE-YEARS DEFENSE PROGRAMS.
- Each future-years defense program submitted to Congress under
section 221 of title 10, United States Code, shall, in setting forth
estimated expenditures and item quantities for procurement for the Armed
Forces for the fiscal years covered by such program, display separately
under such estimated expenditures and item quantities the estimated
expenditures for each such fiscal year for equipment for each reserve
component of the Armed Forces that will receive items in any fiscal year
covered by such program.
SEC. 1607. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED STATES NORTHERN COMMAND AND OTHER COMBATANT COMMANDS.
- (a) Commands Responsible for Support to Civil Authorities in the
United States- The United States Northern Command and the United States
Pacific Command shall be the combatant commands of the Armed Forces that
are principally responsible for the support of civil authorities in the
United States by the Armed Forces.
(b) Discharge of Responsibility- In discharging the responsibility set forth in subsection (a), the Commander of the United States Northern Command and the Commander of the United States Pacific Command shall each--
- (1)
in consultation with and acting through the Chief of the National Guard
Bureau and the Joint Force Headquarters of the National Guard of the
State or States concerned, assist the States in the employment of the
National Guard under State control, including National Guard operations
conducted in State active duty or under title 32, United States Code;
and
(2) facilitate the deployment of the Armed Forces on active duty under title 10, United States Code, as necessary to augment and support the National Guard in its support of civil authorities when National Guard operations are conducted under State control, whether in State active duty or under title 32, United States Code.
- (1)
MEMORANDUM REQUIRED- Not later than 180 days after the date of the
enactment of this Act, the Commander of the United States Northern
Command, the Commander of the United States Pacific Command, and the
Chief of the National Guard Bureau shall, with the approval of the
Secretary of Defense, jointly enter into a memorandum of understanding
setting forth the operational relationships, and individual roles and
responsibilities, during responses to domestic emergencies among the
United States Northern Command, the United States Pacific Command, and
the National Guard Bureau.
(2) MODIFICATION- The Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau may from time to time modify the memorandum of understanding under this subsection to address changes in circumstances and for such other purposes as the Commander of the United States Northern Command, the Commander of the United States Pacific Command, and the Chief of the National Guard Bureau jointly consider appropriate. Each such modification shall be subject to the approval of the Secretary of Defense.
(e) Regulations- The Secretary of Defense shall prescribe regulations for purposes of aiding the expeditious implementation of the authorities and responsibilities in this section.
SEC. 1608. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN CERTAIN COMMAND POSITIONS.
- (a) Commander of Army North Command- The officer serving in the
position of Commander, Army North Command, shall be an officer in the
Army National Guard of the United States.
(b) Commander of Air Force North Command- The officer serving in the position of Commander, Air Force North Command, shall be an officer in the Air National Guard of the United States.
(c) Sense of Congress- It is the sense of Congress that, in assigning officers to the command positions specified in subsections (a) and (b), the President should afford a preference in assigning officers in the Army National Guard of the United States or Air National Guard of the United States, as applicable, who have served as the adjutant general of a State.
SEC. 1609. AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP PROGRAM FOR ADDITIONAL NATIONAL GUARD CONTACTS ON MATTERS WITHIN THE CORE COMPETENCIES OF THE NATIONAL GUARD.
- The Secretary of Defense shall, in consultation with the
Secretary of State, modify the regulations prescribed pursuant to
section 1210 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) to provide
for the use of funds available pursuant to such regulations for contacts
between members of the National Guard and civilian personnel of foreign
governments outside the ministry of defense on matters within the core
competencies of the National Guard such as the following:
- (1) Disaster response and mitigation.
(2) Defense support to civilian authorities.
(3) Consequence management and installation protection.
(4) Chemical, biological, radiological, or nuclear event (CBRNE) response.
(5) Border and port security and cooperation with civilian law enforcement.
(6) Search and rescue.
(7) Medical matters.
(8) Counterdrug and counternarcotics activities.
(9) Public affairs.
(10) Employer and family support of reserve forces.
(11) Such other matters within the core competencies of the National Guard and suitable for contacts under the State Partnership Program as the Secretary of Defense shall specify.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
- This division may be cited as the ‘Military Construction Authorization Act for Fiscal Year 2012’.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
- (a) Expiration of Authorizations After Three Years- Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
- (1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015.
- (1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds for fiscal year 2015 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2003. FUNDING TABLES.
- (a) In General- The amounts authorized to be appropriated by
sections 2104, 2204, 2304, 2403, 2411, 2502, and 2606 shall be available
in the amounts specified in the funding table in section 4501.
(b) Base Closure and Realignment Activities- The amounts authorized to be appropriated by section 2703 shall be available in the amounts specified in the funding table in section 4501.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- (a) Inside the United States- Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------
Alabama Fort Rucker $11,600,000
Alaska Fort Wainwright $114,000,000
Joint Base Elmendorf-Richardson $103,600,000
California Presidio of Monterey $3,000,000
Fort Irwin $23,000,000
Colorado Fort Carson $238,600,000
Georgia Fort Benning $66,700,000
Fort Gordon $1,450,000
Fort Stewart $2,600,000
Hawaii Fort Shafter $17,500,000
Schofield Barracks $105,000,000
Kansas Fort Riley $83,400,000
Forbes Air Field $5,300,000
Kentucky Fort Campbell $247,500,000
Fort Knox $55,000,000
Louisiana Fort Polk $70,100,000
Maryland Aberdeen Proving Ground $78,500,000
Fort Meade $79,000,000
Missouri Fort Leonard Wood $49,000,000
New York Fort Drum $13,300,000
North Carolina Fort Bragg $186,000,000
Oklahoma Fort Sill $184,600,000
McAlester Army Ammunition Plant $8,000,000
South Carolina Fort Jackson $63,900,000
Texas Fort Bliss $110,900,000
Fort Hood $132,000,000
Joint Base San Antonio $10,400,000
Red River Army Depot $44,000,000
Utah Dugway Proving Ground $32,000,000
Virginia Fort Belvoir $52,000,000
Joint Base Langley Eustis $26,000,000
Washington Joint Base Lewis McChord $296,300,000
------------------------------------------------------------
- (b) Outside the United States- Using amounts appropriated
pursuant to the authorization of appropriations in section 2104(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
-------------------------------------------------
Country Installation or Location Amount
-------------------------------------------------
Afghanistan Bagram Air Base $80,000,000
Germany Grafenwoehr $22,500,000
Landstuhl $63,000,000
Oberdachstetten $12,200,000
Kelley Barracks $12,200,000
Vilseck $20,000,000
Korea Camp Carroll $41,000,000
Camp Henry $48,000,000
-------------------------------------------------
SEC. 2102. FAMILY HOUSING.
- (a) Construction and Acquisition- Using amounts appropriated
pursuant to the authorization of appropriations in section 2104(5)(A),
the Secretary of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Army: Family Housing
---------------------------------------------------
Country Installation or Location Units Amount
---------------------------------------------------
Germany Baumholder 64 $34,329,000
Illesheim 80 $41,000,000
Vilseck 22 $12,000,000
---------------------------------------------------
- (b) Planning and Design- Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(5)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$7,897,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
- Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of
appropriations in section 2104(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not to
exceed $103,000,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Army in the total amount of $3,643,146,000, as follows:
- (1) For military construction projects inside the United States authorized by section 2101(a), $2,400,250,000.
(2) For military construction projects outside the United States authorized by section 2101(b), $298,900,000.
(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,000,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $195,241,000.
(5) For military family housing functions:
- (A)
For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $176,897,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $494,858,000.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2009 PROJECT.
- In the case of the authorization contained in the table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4658) for
Fort Benning, Georgia, for construction of a Multipurpose Training Range
at the installation, the Secretary of the Army may construct up to
1,802 square feet of loading dock consistent with the Army’s
construction guidelines for Multipurpose Training Ranges.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT.
- In the case of the authorization contained in the table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2629) for
Joint Base Lewis-McChord, Washington, for construction of an access road
adjoining McChord Air Force Base and Fort Lewis, the Secretary of the
Army may construct a secure elevated roadway over the existing railroad
and public road in lieu of an on-grade road and access control point.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2011 PROJECTS.
- (a) Hawaii- In the case of the authorization contained in the
table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437)
for Schofield Barracks, Hawaii, for renovations of buildings 450 and
452, the Secretary of the Army may renovate building 451 in lieu of
building 452.
(b) New York- In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may construct up to 39,049 square yards of parking apron consistent with the Army’s construction guidelines for Aircraft Maintenance Hangars and associated parking aprons.
(c) Germany- In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4438) for Wiesbaden Air Base, Germany, for construction of an Information Processing Center at the installation, the Secretary of the Army may construct up to 9,400 square yards of vehicle parking garage consistent with the Army’s construction guidelines for parking garages, in lieu of renovating 9,400 square yards of parking area.
SEC. 2108. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2012 PROJECT.
- (a) Project Authorization- The Secretary of the Army may carry
out a military construction project to construct a water treatment
facility for Fort Irwin, California, in the amount of $115,000,000.
(b) Use of Unobligated Prior-year Army Military Construction Funds- The Secretary may use available, unobligated Army military construction funds appropriated for a fiscal year before fiscal year 2012 for the project described in subsection (a).
(c) Congressional Notification- The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 PROJECTS.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2012, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2013, whichever is later.
(b) Table- The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
------------------------------------------------------------------------------
State Installation or Location Project Amount
------------------------------------------------------------------------------
Louisiana Fort Polk Child Care Facility $6,100,000
Missouri Fort Leonard Wood Multipurpose Machine Gun Range $4,150,000
------------------------------------------------------------------------------
SEC. 2110. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009 PROJECTS.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2012, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2013, whichever is later.
(b) Table- The table referred to in subsection (a) is as follows:
Army: Extension of 2009 Project Authorizations
-----------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
-----------------------------------------------------------------------------------------
Alabama Anniston Army Depot Lake Yard Interchange $1,400,000
Hawaii Schofield Barracks Brigade Complex $65,000,000
Schofield Barracks Battalion Complex $69,000,000
Schofield Barracks Battalion Complex $27,000,000
Schofield Barracks Infrastructure Expansion $76,000,000
New Jersey Picatinny Arsenal Ballistic Evaluation Facility Phase I $9,900,000
Virginia Fort Eustis Vehicle Paint Facility $3,900,000
-----------------------------------------------------------------------------------------
SEC. 2111. TECHNICAL AMENDMENTS TO CORRECT CERTAIN PROJECT SPECIFICATIONS.
- The table in section 3002 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4503) is amended--
- (1) in the item for the Army relating to
‘Entry Control Point and Access Roads’ that appears immediately below
the item relating to ‘Vet Clinic & Kennel’ at Bagram Air Force Base,
by striking ‘Delaram Ii’ in the State/Country and Installation column
and inserting ‘Delaram II’; and
(2) in the item for the Army that appears immediately below the item relating to ‘Electrical Utility Systems, Ph.2’ at the Shank installation, by striking ‘Expand Extended Cooperation Programme I and Extended Cooperation Programme 2’ in the Project Title column and inserting ‘Expand Entry Control Point 1 and Entry Control Point 2’.
SEC. 2112. REDUCTION OF ARMY MILITARY CONSTRUCTION AUTHORIZATION.
- Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Army for fiscal years prior to fiscal year 2012 are hereby reduced
by $100,000,000.
SEC. 2113. TOUR NORMALIZATION.
- None of the funds authorized to be appropriated under this Act may be obligated or expended for tour normalization until--
- (1)
the Director of Cost Assessment and Program Evaluation conducts an
analysis of alternatives to tour normalization that identifies
alternative courses of action and their associated life cycle costs,
potential benefits, advantages, and disadvantages;
(2) the Secretary of the Army submits to the congressional defense committees a master plan for completing all phases of tour normalization that includes a detailed description of all costs and a schedule for the construction of necessary facilities and infrastructure; and
(3) legislation enacted after the date of the enactment of this Act authorizes the obligation of funds for such purpose.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- (a) Inside the United States- Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Inside the United States
--------------------------------------------------------------------------------------
State Installation or Location Amount
--------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $162,785,000
California Marine Corps Base, Camp Pendleton $335,080,000
Naval Base, Coronado $93,735,000
Marine Corps Base, Twentynine Palms $67,109,000
Marine Corps Logistics Base, Barstow $8,590,000
Marine Corps Mountain Warfare Training Center, Bridgeport $16,138,000
Naval Base Ventura County Point Mugu $15,377,000
Florida Naval Air Station, Jacksonville $36,552,000
Naval Station, Mayport $14,998,000
Naval Air Station, Whiting Field (Eglin Air Force Base) $20,620,000
Georgia Naval Submarine Base, Kings Bay $86,063,000
Hawaii Marine Corps Base, Kaneohe Bay $57,704,000
Pacific Missile Range Facility, Barking Sands $9,679,000
Joint Base Pearl Harbor-Hickam $7,492,000
Illinois Naval Station, Great Lakes $91,042,000
Maryland Naval Support Facility, Indian Head $67,779,000
Naval Air Station, Patuxent River $45,844,000
North Carolina Marine Corps Base, Camp Lejeune $200,482,000
Marine Corps Air Station, Cherry Point $17,760,000
Marine Corps Air Station, New River $78,930,000
South Carolina Marine Corps Air Station, Beaufort $21,096,000
Virginia Naval Station, Norfolk $81,304,000
Naval Support Activity, Norfolk $26,924,000
Naval Ship Yard, Portsmouth $74,864,000
Marine Corps Base, Quantico $183,690,000
Washington Naval Base Kitsap, Bremerton (Puget Sound Ship Yard) $13,341,000
Naval Base Kitsap, Bremerton (Bangor) $758,842,000
--------------------------------------------------------------------------------------
- (b) Outside the United States- Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
--------------------------------------------------------------
Country Installation or Location Amount
--------------------------------------------------------------
Djibouti Camp Lemonier $89,499,000
Diego Garcia Naval Support Facility, Diego Garcia $35,444,000
--------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(5)(A), the Secretary of the Navy may
carry out architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $3,199,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
- Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of
appropriations in section 2204(5)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not to
exceed $97,773,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $2,641,457,000, as follows:
- (1) For military construction projects inside the United States authorized by section 2201(a), $1,956,822,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $124,943,000.
(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $21,495,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $69,362,000.
(5) For military family housing functions:
- (A)
For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $100,972,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $367,863,000.
SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008 PROJECT.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act (122
Stat. 511) and extended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law
111-383; 124 Stat. 4443), shall remain in effect until October 1, 2012,
or the date of an Act authorizing funds for military construction for
fiscal year 2013, whichever is later.
(b) Table- The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
-------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
-------------------------------------------------------------------------------------
Worldwide Unspecified Various Host Nation Infrastructure $2,700,000
-------------------------------------------------------------------------------------
- (c) Technical Amendment for Consistency in Project Authorization
Display- The table in section 2201(c) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law
110-181; 122 Stat. 511) is amended to read as follows:
Navy: Worldwide Unspecified
-------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
-------------------------------------------------------------------------------------
Worldwide Unspecified Various Wharf Utilities Upgrade $8,900,000
Worldwide Unspecified Various Host Nation Infrastructure $2,700,000
-------------------------------------------------------------------------------------
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009 PROJECTS.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2201 of that Act (122
Stat 4670), shall remain in effect until October 1, 2012, or the date of
an Act authorizing funds for military construction for fiscal year
2013, whichever is later.
(b) Table- The table referred to in subsection (a) is as follows:
Navy: Extension of 2009 Project Authorizations
-------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
-------------------------------------------------------------------------------------------------------
California Marine Corps Base, Camp Pendelton Operations Assess Points, Red Beach $11,970,000
Marine Corps Air Station, Miramar Emergency Response Station $6,530,000
District of Columbia Washington Navy Yard Child Development Center $9,340,000
-------------------------------------------------------------------------------------------------------
SEC. 2207. REDUCTION OF NAVY MILITARY CONSTRUCTION AUTHORIZATION.
- Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Navy for fiscal years prior to fiscal year 2012 are hereby reduced
by $25,000,000.
SEC. 2208. GUAM REALIGNMENT.
- None of the funds authorized to be appropriated under this title,
or amounts provided by the Government of Japan for military
construction activities on land under the jurisdiction of the Department
of Defense, may be obligated or expended to implement the realignment
of United States Marine Corps forces from Okinawa to Guam as envisioned
in the United States-Japan Roadmap for Realignment Implementation issued
May 1, 2006, until--
- (1) the Commandant of the Marine Corps
provides the congressional defense committees the Commandant’s preferred
force lay-down for the United States Pacific Command Area of
Responsibility;
(2) the Secretary of Defense submits to the congressional defense committees a master plan for the construction of facilities and infrastructure to execute the Commandant’s preferred force lay-down on Guam, including a detailed description of costs and a schedule for such construction;
(3) the Secretary of Defense certifies to the congressional defense committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma; and
(4) a plan coordinated by all pertinent Federal agencies is provided to the congressional defense committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure on Guam affected by the realignment of forces.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- (a) Inside the United States- Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------
Alaska Eielson Air Force Base $45,000,000
Joint Base Elmendorf-Richardson $97,000,000
Arizona Davis-Monthan Air Force Base $33,000,000
Luke Air Force Base $24,000,000
California Travis Air Force Base $22,000,000
Vandenberg Air Force Base $14,200,000
Colorado U.S. Air Force Academy $13,400,000
Delaware Dover Air Force Base $2,800,000
Kansas Fort Riley, Kansas $7,600,000
Louisiana Barksdale Air Force Base $23,500,000
Missouri Whiteman Air Force Base $4,800,000
Nebraska Offutt Air Force Base $564,000,000
Nevada Nellis Air Force Base $35,850,000
New Mexico Cannon Air Force Base $22,598,000
Holloman Air Force Base $29,200,000
Kirtland Air Force Base $25,000,000
North Carolina Pope Air Force Base $6,000,000
North Dakota Minot Air Force Base $67,800,000
Texas Joint Base San Antonio $110,000,000
Utah Hill Air Force Base $16,500,000
Virginia Joint Base Langley Eustis $50,000,000
Washington Fairchild Air Force Base $27,600,000
------------------------------------------------------------
- (b) Outside the United States- Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
----------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------
Germany Ramstein Air Base $34,697,000
Greenland Thule Air Base $28,000,000
Guam Joint Region Marianas $64,400,000
Italy Naval Air Station, Signonella $15,000,000
Korea Osan Air Base $23,000,000
----------------------------------------------------
SEC. 2302. FAMILY HOUSING.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force may
carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,208,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
- Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force may
improve existing military family housing units in an amount not to
exceed $80,596,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $1,619,423,000, as follows:
- (1) For military construction projects inside the United States authorized by section 2301(a), $677,848,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $165,897,000.
(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,000,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $67,913,000.
(5) For military family housing functions:
- (A)
For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $84,804,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $404,761,000.
(7) For the construction of increment 1 of a STRATCOM replacement facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of this Act, $120,000,000.
SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT.
- In the case of the authorization contained in the table in
section 2301(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Division B of Public Law 111-84; 123 Stat. 2636) for Hickam
Air Force Base, Hawaii, for construction of a Ground Control Tower at
the installation, the Secretary of the Air Force may construct 43
vertical meters (141 vertical feet) in lieu of 111 square meters (1,195
square feet), consistent with the Air Force’s construction guidelines
for control towers, using amounts appropriated pursuant to
authorizations of appropriations in prior years.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009 PROJECT.
- (a) Extension- Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2301(b) of that Act (122
Stat. 4680) shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later:
(b) Table- The table referred to in subsection (a) is as follows:
Air Force: Extension of 2009 Project Authorizations
--------------------------------------------------------------------------------
State Installation or Location Project Amount
--------------------------------------------------------------------------------
Germany Spangdahlem AB Construct Child Development Center $11,400,000
--------------------------------------------------------------------------------
SEC. 2307. REDUCTION OF AIR FORCE MILITARY CONSTRUCTION AUTHORIZATION.
- Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force for fiscal years prior to fiscal year 2012 are hereby
reduced by $32,000,000.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- (a) Inside the United States- Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
-----------------------------------------------------------------------------------
State Installation or Location Amount
-----------------------------------------------------------------------------------
Alabama Redstone Arsenal $58,800,000
Alaska Anchorage $18,400,000
Eielson Air Force Base $14,800,000
Arizona Davis-Monthan Air Force Base $23,000,000
California Defense Distribution Depot Tracy $15,500,000
Marine Corps Base, Camp Pendleton $12,141,000
Naval Base, Coronado $42,000,000
Naval Base, Coronado (San Clemente) $21,800,000
Colorado Buckley Air Force Base $140,932,000
District of Columbia Bolling Air Force Base $16,736,000
Florida Eglin Air Force Base $61,100,000
Macdill Air Force Base $15,200,000
Naval Air Station, Whiting Field $3,800,000
Georgia Fort Benning $37,205,000
Fort Gordon $17,705,000
Fort Stewart $72,300,000
Hawaii Joint Base Pearl Harbor-Hickam $14,400,000
Illinois Naval Station, Great Lakes $16,900,000
Kentucky Fort Campbell $138,500,000
Fort Knox $38,845,000
Louisiana Barksdale Air Force Base $6,200,000
Maryland Joint Base Andrews $265,700,000
National Naval Medical Center, Bethesda $18,000,000
Massachusetts Hanscom Air Force Base $34,040,000
Westover Air Reserve Base $23,300,000
Mississippi Columbus Air Force Base $2,600,000
Construction Battalion Center, Gulfport $34,700,000
Missouri Arnold $9,253,000
New Mexico Cannon Air Force Base $132,997,000
New York Fort Drum $20,400,000
North Carolina Camp Lejeune $6,670,000
Fort Bragg $206,274,000
Marine Corps Air Station, New River $22,687,000
Pope Air Force Base $5,400,000
Ohio Defense Supply Center Columbus $10,000,000
Oklahoma Altus Air Force Base $8,200,000
Pennsylvania Defense Distribution Depot New Cumberland $17,500,000
Defense Supply Center Philadelphia $8,000,000
South Carolina Joint Base Charleston $24,868,000
Texas Joint Base Antonio $194,300,000
Virginia Charlottesville $10,805,000
Joint Expeditionary Base Little Creek-Fort Story $37,000,000
Marine Corps Base, Quantico $46,727,000
Naval Air Station, Oceana (Dam Neck) $23,116,000
Dahlgren $1,988,000
Pentagon Reservation $8,742,000
Washington Joint Base Lewis-McChord $35,000,000
Naval Air Station, Whidbey Island $25,000,000
West Virginia Camp Dawson $2,200,000
-----------------------------------------------------------------------------------
- (b) Outside the United States- Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------
Germany Ansbach $11,672,000
Grafenwoehr $6,529,000
Spangdahlem Air Base $129,043,000
Stuttgart-Patch Barracks $2,434,000
Italy Vicenza $41,864,000
Japan Yokota Air Base $61,842,000
United Kingdom Menwith Hill Station $68,601,000
Royal Air Force Alconbury $35,030,000
------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
- Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(6), the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, in the amount of $135,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) in the total amount of
$3,212,498,000, as follows:
- (1) For military construction projects inside the United States authorized by section 2401(a), $1,476,499,000.
(2) For military construction projects outside the United States authorized by section 2401(b), $357,004,000.
(3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $32,964,000.
(4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $399,602,000.
(6) For energy conservation projects under chapter 173 of title 10, United States Code, $135,000,000.
(7) For military family housing functions:
- (A)
For support of military family housing (including functions described
in section 2833 of title 10, United States Code), $50,723,000.
(B) For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $3,468,000.
(9) For the construction of increment 4 of replacement fuel storage facilities at Point Loma Annex, California, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 521), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2646), $27,000,000.
(10) For the construction of increment 4 of the United States Army Medical Research Institute of Chemical Defense replacement facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4689), $22,850,000.
(11) For the construction of increment 3 of a National Security Agency data center at Camp Williams, Utah, authorized as a Military Construction, Defense-Wide project by title IX of the Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1888), $123,201,000.
(12) For the construction of increment 3 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2642), $109,400,000.
(13) For the construction of increment 1 of a Mountainview operations facility at Buckley Air Force Base, Colorado, authorized by section 2401(a) of this Act, $70,432,000.
(14) For the construction of increment 1 of an ambulatory care center at Joint Base Andrews, Maryland, authorized by section 2401(a) of this Act, $121,500,000.
(15) For the construction of increment 1 of an ambulatory care center, phase 3 at Fort Bliss, Texas, authorized by section 2401(a) of this Act, $80,600,000.
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