S. 1867: National Defense Authorization Act for Fiscal Year 2012
112th Congress, 2011–2012. Text as of Dec 03, 2011 (Passed the Senate (Engrossed)).
Status & Summary
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| Source: GPO- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 2012’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
- (a) Divisions- This Act is organized into four divisions as follows:
- (1) Division A-Department of Defense Authorizations.
(2) Division B-Military Construction Authorizations.
(3) Division C-Department of Energy National Security Authorizations and Other Authorizations.
(4) Division D-Funding Tables.
(5) Division E-SBIR and STTR Reauthorization.
- Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Scoring of budgetary effects.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
- Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
- Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH-60R/S helicopters.
Subtitle C--Air Force Programs
- Sec. 131. Procurement of advanced extremely high frequency satellites.
Sec. 132. Availability of fiscal year 2011 funds for research and development relating to the B-2 bomber aircraft.
Sec. 133. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record.
Sec. 134. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 135. Limitation on retirement of U-2 aircraft.
Sec. 136. Strategic airlift aircraft force structure.
Sec. 137. Limitation on retirement of C-23 aircraft.
Subtitle D--Joint and Multiservice Matters
- Sec. 151. Inclusion of information on approved Combat Mission
Requirements in quarterly reports on use of Combat Mission Requirement
funds.
Sec. 152. F-35 Joint Strike Fighter aircraft.
Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program.
Sec. 154. Multiyear procurement authority for airframes for Army UH-60M/HH-60M helicopters and Navy MH-60R/MH-60S helicopters.
Sec. 155. Designation of undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program.
Sec. 156. Transfer of Air Force C-12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft to the Army.
Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-engining program.
Sec. 158. Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter.
Sec. 159. Authority for exchange with United Kingdom of specified F-35 Lightning II Joint Strike Fighter aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
- Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
- Sec. 211. Prohibitions relating to use of funds for research, development, test, and evaluation on the F136 engine.
Sec. 212. Limitation on use of funds for Increment 2 of B-2 bomber aircraft extremely high frequency satellite communications program.
Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike.
Sec. 214. Marine Corps ground combat vehicles.
Subtitle C--Missile Defense Matters
- Sec. 231. Enhanced oversight of missile defense acquisition programs.
Sec. 232. Ground-based Midcourse Defense Program.
Sec. 233. Missile defense cooperation with Russia.
Sec. 234. Report on the United States missile defense hedging strategy.
Subtitle D--Reports
- Sec. 251. Extension of requirements for biennial roadmap and
annual review and certification on funding for development of
hypersonics.
Subtitle E--Other Matters
- Sec. 261. Contractor cost-sharing in pilot program to include
technology protection features during research and development of
certain defense systems.
Sec. 262. Laboratory facilities, Hanover, New Hampshire.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
- Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
- Sec. 311. Modification of energy performance goals.
Sec. 312. Streamlined annual report on defense environmental programs.
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington.
Sec. 314. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina.
Sec. 315. Discharge of wastes at sea generated by ships of the Armed Forces.
Sec. 316. Consideration of energy security and reliability in development and implementation of energy performance goals.
Sec. 317. Installation energy metering requirements.
Sec. 318. Training policy for Department of Defense energy managers.
Subtitle C--Workplace and Depot Issues
- Sec. 321. Minimum capital investment for certain depots.
Sec. 322. Limitation on revising the definition of depot-level maintenance.
Sec. 323. Designation of military industrial facilities as Centers of Industrial and Technical Excellence.
Sec. 324. Reports on depot-related activities.
Subtitle D--Reports
- Sec. 331. Study on Air Force test and training range infrastructure.
Sec. 332. Study on training range infrastructure for special operations forces.
Sec. 333. Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings.
Sec. 334. Modified deadline for annual report on budget shortfalls for implementation of operational energy strategy.
Subtitle E--Other Matters
- Sec. 341. Extension of authority for Army industrial facilities to enter into cooperative agreements with non-Army entities.
Sec. 342. Working-capital fund accounting.
Sec. 343. Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired cartridge cases.
Sec. 344. Authority to accept contributions of funds to study options for mitigating adverse effects of proposed obstructions on military installations.
Sec. 345. Utility disruptions to military installations.
Sec. 346. Eligibility of active and reserve members, retirees, gray area retirees, and dependents for space-available travel on military aircraft.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
- Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
- Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.
Subtitle C--Authorization of Appropriations
- Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
- Sec. 501. Increase in authorized strengths for Marine Corps officers on active duty.
Sec. 502. Voluntary retirement incentive.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Modification of definition of ‘joint duty assignment’ to include all instructor assignments for joint training and education.
Subtitle B--Reserve Component Management
- Sec. 511. Authority for order to active duty of members of
the Selected Reserve and certain members of the Individual Ready Reserve
for preplanned missions.
Sec. 512. Modification of eligibility for consideration for promotion for certain reserve officers employed as military technicians (dual status).
Sec. 513. Modification of time in which preseparation counseling must be provided to reserve component members being demobilized.
Sec. 514. Report on termination of military technician as a distinct personnel management category.
Sec. 515. Authority to order army reserve, navy reserve, marine corps reserve, and air force reserve to active duty to provide assistance in response to a major disaster or emergency.
Subtitle C--General Service Authorities
- Sec. 521. Repeal of mandatory high-deployment allowance.
Sec. 522. Prohibition on denial of reenlistment of members for unsuitability based on the same medical condition for which they were determined to be fit for duty.
Sec. 523. Expansion of regular enlisted members covered by early discharge authority.
Sec. 524. Extension of voluntary separation pay and benefits.
Sec. 525. Employment skills training for members of the Armed Forces on active duty who are transitioning to civilian life.
Sec. 526. Policy on military recruitment and enlistment of graduates of secondary schools.
Sec. 527. Freedom of conscience of military chaplains with respect to the performance of marriages.
Subtitle D--Education and Training
- Sec. 541. Enhancement of authorities on joint professional military education.
Sec. 542. Grade of commissioned officers in uniformed medical accession programs.
Sec. 543. Reserve component mental health student stipend.
Sec. 544. Enrollment of certain seriously wounded, ill, or injured former or retired enlisted members of the Armed Forces in associate degree programs of the Community College of the Air Force in order to complete degree program.
Sec. 545. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC.
Sec. 546. Temporary authority to waive maximum age limitation on admission to the military service academies.
Sec. 547. Pilot program on receipt of civilian credentialing for skills required for military occupational specialties.
Subtitle E--Military Justice and Legal Matters Generally
- Sec. 551. Reform of offenses relating to rape, sexual
assault, and other sexual misconduct under the Uniform Code of Military
Justice.
Sec. 552. Authority to compel production of documentary evidence.
Sec. 553. Procedures for judicial review of certain military personnel decisions.
Sec. 554. Department of Defense support for programs on pro bono legal representation for members of the Armed Forces.
Subtitle F--Sexual Assault Prevention and Response
- Sec. 561. Director of the Sexual Assault Prevention and Response Office.
Sec. 562. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
Sec. 563. Access of sexual assault victims to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
Sec. 564. Requirement for privilege in cases arising under Uniform Code of Military Justice against disclosure of communications between sexual assault victims and Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and certain other persons.
Sec. 565. Expedited consideration and decision-making on requests for permanent change of station or unit transfer of victims of sexual assault.
Sec. 566. Department of Defense policy and procedures on retention and access to evidence and records relating to sexual assaults involving members of the Armed Forces.
Subtitle G--Defense Dependents’ Education
- Sec. 571. Continuation of authority to assist local
educational agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Three-year extension and enhancement of authorities on transition of military dependent students among local educational agencies.
Subtitle H--Military Family Readiness
- Sec. 576. Modification of membership of Department of Defense Military Family Readiness Council.
Sec. 577. Comptroller General of the United States report on Department of Defense military spouse employment programs.
Subtitle I--Other Matters
- Sec. 581. Cold War Service Medal.
Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration Program.
Sec. 583. Report on process for expedited determination of disability of members of the Armed Forces with certain disabling conditions.
Sec. 584. Report on the achievement of diversity goals for the leadership of the Armed Forces.
Sec. 585. Specification of period in which application for voter registration or absentee ballot from an overseas voter is valid.
Sec. 586. Authorization and request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War.
Sec. 587. Authorization for award of the distinguished service cross for captain Fredrick L. Spaulding for acts of valor during the Vietnam War.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
- Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Modification of qualifying period for payment of hostile fire and imminent danger special pay and hazardous duty special pay.
Subtitle B--Consolidation and Reform of Travel and Transportation Authorities
- Sec. 621. Consolidation and reform of travel and transportation authorities of the uniformed services.
Sec. 622. Transition provisions.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
- Sec. 631. Repeal of automatic enrollment in Family
Servicemembers’ Group Life Insurance for members of the Armed Forces
married to other members.
Sec. 632. Limitation on availability of certain funds pending report on provision of special compensation for members of the uniformed services with injury or illness requiring assistance in everyday living.
Sec. 633. Repeal of sense of Congress on age and service requirements for retired pay for non-regular service.
Sec. 634. Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training.
Sec. 635. Repeal of requirement of reduction of Survivor Benefits Plan survivor annuities by dependency and indemnity compensation.
Subtitle D--Pay and Allowances
- Sec. 641. No reduction in basic allowance for housing for
National Guard members who transition between active duty and full-time
National Guard duty without a break in active service.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
- Sec. 701. Annual cost-of-living adjustment in enrollment fees in TRICARE Prime.
Sec. 702. Maintenance of the adequacy of provider networks under the TRICARE program.
Sec. 703. Transition enrollment of uniformed services family health plan Medicare-eligible retirees to TRICARE for Life.
Sec. 704. Modification of authorities on surveys on continued viability of TRICARE Standard and TRICARE Extra.
Sec. 705. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States.
Subtitle B--Other Health Care Benefits
- Sec. 711. Travel for anesthesia services for childbirth for
command-sponsored dependents of members assigned to remote locations
outside the continental United States.
Sec. 712. Transitional health benefits for certain members with extension of active duty following active duty in support of a contingency operation.
Sec. 713. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces.
Subtitle C--Health Care Administration
- Sec. 721. Expansion of State licensure exceptions for certain mental health-care professionals.
Sec. 722. Clarification on confidentiality of medical quality assurance records.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
- Sec. 801. Waiver of requirements relating to new Milestone
approval for certain major defense acquisition programs experiencing
critical cost growth due to change in quantity purchased.
Sec. 802. Modification of certain requirements of the Weapon Systems Acquisition Reform Act of 2009.
Sec. 803. Assessment, management, and control of operating and support costs for major weapon systems.
Sec. 804. Clarification of responsibility for cost analyses and targets for contract negotiation purposes.
Sec. 805. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs.
Sec. 806. Management of developmental test and evaluation for major defense acquisition programs.
Sec. 807. Assessment of risk associated with development of major weapon systems to be procured under cooperative projects with friendly foreign countries.
Subtitle B--Acquisition Policy and Management
- Sec. 821. Inclusion of data on contractor performance in past performance databases for source selection decisions.
Sec. 822. Implementation of recommendations of Defense Science Board Task Force on Service Contracting.
Sec. 823. Temporary limitation on aggregate annual amount available for contract services.
Sec. 824. Annual report on single-award task and delivery order contracts.
Sec. 825. Incorporation of corrosion prevention and control into requirements applicable to development and acquisition of weapon systems.
Sec. 826. Prohibition on use of funds for certain programs.
Sec. 827. Applicability of Buy American Act to procurement of photovoltaic devices by Department of Defense.
Subtitle C--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
- Sec. 841. Treatment for technical data purposes of independent research and development and bid and proposal costs.
Sec. 842. Limitation on defense contractor compensation.
Sec. 843. Covered contracts for purposes of requirements on contractor business systems.
Sec. 844. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense.
Sec. 845. Prohibition on collection of political information.
Sec. 846. Waiver of ‘Buy American’ requirement for procurement of components otherwise producible overseas with specialty metal not produced in the United States.
Sec. 847. Comptroller General of the United States reports on noncompetitive and one-offer contracts awarded by the Department of Defense.
Sec. 848. Detection and avoidance of counterfeit electronic parts.
Sec. 849. Report on authorities available to the Department of Defense for multiyear contracts for the purchase of advanced biofuels.
Sec. 850. Comptroller General of the United States reports on Department of Defense implementation of justification and approval requirements for certain sole-source contracts.
Subtitle D--Provisions Relating to Wartime Contracting
- Sec. 861. Prohibition on contracting with the enemy in the United States Central Command theater of operations.
Sec. 862. Additional access to contractor and subcontractor records in the United States Central Command theater of operations.
Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs.
Sec. 864. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies.
Sec. 865. Reach-back contracting authority for Operation Enduring Freedom and Operation New Dawn.
Sec. 866. Inclusion of contractor support requirements in Department of Defense planning documents.
Subtitle E--Other Matters
- Sec. 881. Extension of availability of funds in the Defense Acquisition Workforce Development Fund.
Sec. 882. Modification of delegation of authority to make determinations on entry into cooperative research and development agreements with NATO and other friendly organizations and countries.
Sec. 883. Rate of payment for airlift services under the Civil Reserve Air Fleet program.
Sec. 884. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and adjustment of threshold for inflation.
Sec. 885. Extension and expansion of small business programs of the Department of Defense.
Sec. 886. Three-year extension of test program for negotiation of comprehensive small business subcontracting plans.
Sec. 887. Five-year extension of Department of Defense Mentor-Protege Program.
Sec. 888. Report on alternatives for the procurement of fire-resistant and fire-retardant fiber and materials for the production of military products.
Sec. 889. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program.
Sec. 890. Department of Defense assessment of industrial base for night vision image intensification sensors.
Sec. 891. Implementation of acquisition strategy for Evolved Expendable Launch Vehicle.
Sec. 892. Report on impact of foreign boycotts on the defense industrial base.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
- Sec. 901. Qualifications for appointments to the position of Deputy Secretary of Defense.
Sec. 902. Designation of Department of Defense senior official with principal responsibility for airship programs.
Sec. 903. Memoranda of agreement on synchronization of enabling capabilities of general purpose forces with the requirements of special operations forces.
Sec. 904. Enhancement of administration of the United States Air Force Institute of Technology.
Sec. 905. Defense laboratory matters.
Sec. 906. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security interests.
Sec. 907. Sense of Congress on use of modeling and simulation in Department of Defense activities.
Sec. 908. Sense of Congress on ties between Joint Warfighting and Coalition Center and Allied Command Transformation of NATO.
Sec. 909. Report on effects of planned reductions of personnel at the Joint Warfare Analysis Center on personnel skills.
Subtitle B--Space Activities
- Sec. 911. Commercial space launch cooperation.
Sec. 912. Authority to designate increments or blocks of space vehicles as major subprograms subject to acquisition reporting requirements.
Sec. 913. Review to identify interference with national security Global Positioning System receivers by commercial communications services.
Subtitle C--Intelligence Matters
- Sec. 921. Expansion of authority for exchanges of mapping,
charting, and geodetic data to include nongovernmental organizations and
academic institutions.
Sec. 922. Facilities for intelligence collection or special operations activities abroad.
Sec. 923. Ozone Widget Framework.
Sec. 924. Plan for incorporation of enterprise query and correlation capability into the Defense Intelligence Information Enterprise.
Subtitle D--Cybersecurity Matters
- Sec. 931. Strategy to acquire capabilities to detect previously unknown cyber attacks.
Sec. 932. Program in support of Department of Defense policy on sustaining and expanding information sharing.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
- Sec. 1001. General transfer authority.
Sec. 1002. Defense business systems.
Sec. 1003. Modification of authorities on certification and credential standards for financial management positions in the Department of Defense.
Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements.
Sec. 1005. Audit readiness of financial statements of Department of Defense.
Sec. 1006. Plan to ensure audit readiness of statements of budgetary resources.
Subtitle B--Counter-Drug Activities
- Sec. 1011. Five-year extension and modification of authority
of Department of Defense to provide additional support for counterdrug
activities of other governmental agencies.
Sec. 1012. Five-year extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.
Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities.
Sec. 1014. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.
Sec. 1015. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
- Sec. 1021. Limitation on availability of funds for placing Maritime Prepositioning Ship squadrons on reduced operating status.
Sec. 1022. Modification of conditions on status of retired aircraft carrier ex-John F. Kennedy.
Sec. 1023. Authority to provide information for maritime safety of forces and hydrographic support.
Sec. 1024. Report on policies and practices of the Navy for naming the vessels of the Navy.
Sec. 1025. Assessment of stationing of additional DDG-51 class destroyers at Naval Station Mayport, Florida.
Sec. 1026. Transfer of certain high-speed ferries to the Navy.
Subtitle D--Detainee Matters
- Sec. 1031. Affirmation of authority of the Armed Forces of
the United States to detain covered persons pursuant to the
Authorization for Use of Military Force.
Sec. 1032. Requirement for military custody.
Sec. 1033. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.
Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Procedures for periodic detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1036. Procedures for status determinations.
Sec. 1037. Clarification of right to plead guilty in trial of capital offense by military commission.
Subtitle E--Miscellaneous Authorities and Limitations
- Sec. 1041. Management of Department of Defense installations.
Sec. 1042. Amendments relating to the Military Commissions Act of 2009.
Sec. 1043. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities.
Sec. 1044. Treatment under Freedom of Information Act of certain sensitive national security information.
Sec. 1045. Clarification of airlift service definitions relating to the Civil Reserve Air Fleet.
Sec. 1046. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and international peace and security organizations.
Sec. 1047. Net assessment of nuclear force levels required with respect to certain proposals to reduce the nuclear weapons stockpile of the United States.
Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-Teachers Program.
Sec. 1049. Expansion of Operation Hero Miles.
Subtitle F--Repeal and Modification of Reporting Requirements
PART I--Repeal of Reporting Requirements
- Sec. 1061. Repeal of reporting requirements under title 10, United States Code.
Sec. 1062. Repeal of reporting requirements under annual defense authorization acts.
Sec. 1063. Repeal of reporting requirements under other laws.
PART II--Modification of Existing Reporting Requirements
- Sec. 1066. Modification of reporting requirements under title 10, United States Code.
Sec. 1067. Modification of reporting requirements under other titles of the United States Code.
Sec. 1068. Modification of reporting requirements under annual defense authorization acts.
Sec. 1069. Modification of reporting requirements under other laws.
Subtitle G--Other Study and Report Matters
- Sec. 1071. Modification of dates of Comptroller General of
the United States review of executive agreement on joint medical
facility demonstration project, North Chicago and Great Lakes, Illinois.
Sec. 1072. Report on plan to implement organizational goals recommended in the National Security Strategy-2010.
Sec. 1073. Biennial assessment of and report on delivery platforms for nuclear weapons and the nuclear command and control system.
Sec. 1074. Annual report on the nuclear weapons stockpile of the United States.
Sec. 1075. Nuclear employment strategy of the United States.
Sec. 1076. Study on the recruitment, retention, and development of cyberspace experts.
Sec. 1077. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites.
Sec. 1078. Report on integration of unmanned aerial systems into the national airspace system.
Sec. 1079. Study on United States force posture in East Asia and the Pacific region.
Sec. 1080. Report on status of implementation of accepted recommendations in the Final Report of the 2010 Army Acquisition Review panel.
Sec. 1080A. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace.
Sec. 1080B. Comptroller General review of medical research and development relating to improved combat casualty care.
Sec. 1080C. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States.
Sec. 1080D. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense.
Sec. 1080E. Comptroller General report on Department of Defense science and technology programs.
Sec. 1080F. Comptroller General report on Science, Technology, Engineering, and Math (STEM) initiatives.
Sec. 1080G. Report on Defense Department analytic capabilities regarding foreign ballistic missile threats.
Sec. 1080H. Report on approval and implementation of Air Sea Battle Concept.
Sec. 1080I. Report on effects of changing flag officer positions within the Air Force Material Command.
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.
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.
Sec. 1083. Redesignation of Industrial College of the Armed Forces as 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.
Sec. 1085. Sense of Senate on application of moratorium on earmarks to this Act.
Sec. 1086. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
Sec. 1087. Technical amendment.
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.
Sec. 1089. Fire suppression agents.
Sec. 1090. Acquisition and procurement exchanges between the United States and India.
Sec. 1091. Long-term plan for maintenance of intercontinental ballistic missile solid rocket motor production capacity.
Sec. 1092. Cybersecurity collaboration between the Department of Defense and the Department of Homeland Security.
Sec. 1093. Reemployment rights following certain National Guard duty.
TITLE XI--CIVILIAN PERSONNEL MATTERS
- Sec. 1101. Authority of the Secretaries of the military departments to employ up to 10 persons without pay.
Sec. 1102. Extension of eligibility to continue Federal employee health benefits for certain employees of the Department of Defense.
Sec. 1103. Authority for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program.
Sec. 1104. Permanent extension and expansion of experimental personnel program for scientific and technical personnel.
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.
Sec. 1106. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.
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.
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.
Sec. 1202. One-year extension and modification of authorities applicable to Commanders’ Emergency Response Program.
Sec. 1203. Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.
Sec. 1204. Conditional extension and modification of authority to build the capacity of counter terrorism forces of Yemen.
Sec. 1205. Extension of authority for support of special operations to combat terrorism.
Sec. 1206. Limitation on availability of funds for authorities relating to program to build the capacity of foreign military forces.
Sec. 1207. Global Security Contingency Fund.
Sec. 1208. Authority to build the capacity of certain counterterrorism forces of East African countries.
Sec. 1209. Support of forces participating in operations to disarm the Lord’s Resistance Army.
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.
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.
Sec. 1223. One-year extension of authorities applicable to the Pakistan Counterinsurgency Fund.
Sec. 1224. One-year extension of authority to use funds for reintegration activities in Afghanistan.
Sec. 1225. Modification of authority on program to develop and carry out infrastructure projects in Afghanistan.
Sec. 1226. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1227. Two-year extension of certain reports on Afghanistan.
Sec. 1228. Authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1229. Benchmarks to evaluate the progress being made toward the transition of security responsibilities for Afghanistan to the Government of Afghanistan.
Sec. 1230. Certification requirement regarding efforts by Government of Pakistan to implement a strategy to counter improvised explosive devices.
Sec. 1231. Report on Coalition Support Fund reimbursements to the Government of Pakistan for operations conducted in support of Operation Enduring Freedom.
Subtitle C--Reports and Other Matters
- Sec. 1241. Report on progress of the African Union in operationalizing the African Standby Force.
Sec. 1242. Comptroller General of the United States report on the National Guard State Partnership Program.
Sec. 1243. Man-portable air-defense systems originating from Libya.
Sec. 1244. Defense cooperation with Republic of Georgia.
Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran.
TITLE XIII--COOPERATIVE THREAT REDUCTION
- Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
- Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical Agents and Munitions Destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile
- Sec. 1411. Authorized uses of National Defense Stockpile Funds.
Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
PART I--Authorization of Appropriations
- Sec. 1421. Authorization of appropriations.
PART II--Armed Forces Retirement Home Authorities
- Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1423. Annual validation of multiyear accreditation.
Sec. 1424. Clarification of duties of Senior Medical Advisor.
Sec. 1425. Replacement of Local Boards of Trustees for each facility with single Advisory Council.
Sec. 1426. Administrators and ombudsmen of facilities.
Sec. 1427. Inspection requirements.
Sec. 1428. Repeal of obsolete provisions.
Sec. 1429. Technical, conforming, and clerical amendments.
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.
TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
- Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
- Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Other Matters
- Sec. 1531. One-year extension and modification of authority for Task Force for Business and Stability Operations in Afghanistan.
Sec. 1532. Modification of availability of funds in Afghanistan Security Forces Fund.
Sec. 1533. Limitation on availability of funds for Trans Regional Web Initiative.
Sec. 1534. Report on lessons learned from Department of Defense participation on interagency teams for counterterrorism operations in Afghanistan and Iraq.
TITLE XVI--NATIONAL GUARD EMPOWERMENT
- Sec. 1601. Short title.
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.
Sec. 1603. Membership of the Chief of the National Guard Bureau on the Joint Chiefs of Staff.
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.
Sec. 1605. Report on comparative analysis of costs of comparable units of the reserve components and the regular components of the Armed Forces.
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.
Sec. 1607. Enhancement of authorities relating to the United States Northern Command and other combatant commands.
Sec. 1608. Requirements relating to National Guard officers in certain command positions.
Sec. 1609. Availability of funds under State Partnership Program for additional National Guard contacts on matters within the core competencies of the National Guard.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
- Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2003. Funding tables.
TITLE XXI--ARMY
- Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project.
Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project.
Sec. 2107. Modification of authority to carry out certain fiscal year 2011 projects.
Sec. 2108. Additional authority to carry out certain fiscal year 2012 project.
Sec. 2109. Extension of authorizations of certain fiscal year 2008 projects.
Sec. 2110. Extension of authorizations of certain fiscal year 2009 projects.
Sec. 2111. Technical amendments to correct certain project specifications.
Sec. 2112. Reduction of Army military construction authorization.
Sec. 2113. Tour normalization.
TITLE XXII--NAVY
- Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorization of certain fiscal year 2008 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects.
Sec. 2207. Reduction of Navy military construction authorization.
Sec. 2208. Guam realignment.
TITLE XXIII--AIR FORCE
- Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 project.
Sec. 2306. Extension of authorization of certain fiscal year 2009 project.
Sec. 2307. Reduction of Air Force military construction authorization.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
- Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Subtitle B--Chemical Demilitarization Authorizations
- Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide.
Sec. 2412. Reduction of Defense Agencies military construction authorization.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
- Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
- Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects.
Sec. 2609. Modification of authority to carry out certain fiscal year 2009 project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
- Sec. 2701. Authorization of appropriations for base
realignment and closure activities funded through Department of Defense
Base Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005.
Sec. 2704. Reduction of military construction authorization for base realignment and closure activities authorized through the Department of Defense Base Closure Account 1990.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
- Sec. 2801. General military construction transfer authority.
Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.
Sec. 2803. Clarification of authority to use the Pentagon Reservation maintenance revolving fund for minor construction and alteration activities at the Pentagon Reservation.
Subtitle B--Real Property and Facilities Administration
- Sec. 2811. Exchange of property at military installations.
Sec. 2812. Clarification of authority to limit encroachments.
Sec. 2813. Department of Defense conservation and cultural activities.
Subtitle C--Land Conveyances
- Sec. 2821. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas.
Sec. 2822. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui areas, Hawaii.
Sec. 2823. Land conveyance and exchange, Joint Base Elmendorf Richardson, Alaska.
Subtitle D--Other Matters
- Sec. 2831. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy.
Sec. 2832. Data servers and centers.
Sec. 2833. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike O’Callaghan Federal Medical Center.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
- Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
- Sec. 3111. Review of security vulnerabilities of national laboratory computers.
Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex.
Sec. 3113. Aircraft procurement.
Sec. 3114. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.
Sec. 3115. Recognition and status of National Atomic Testing Museum.
Subtitle C--Reports
- Sec. 3121. Report on feasibility of federalizing the security
protective forces contract guard workforce at certain Department of
Energy facilities.
Sec. 3122. Comptroller General study on oversight of Department of Energy defense nuclear facilities.
Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
- Sec. 3201. Authorization.
Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to review the facility design and construction of Construction Project 10-D-904 of the National Nuclear Security Administration.
TITLE XXXIII--MARITIME ADMINISTRATION
- Sec. 3301. Maritime Administration.
DIVISION D--FUNDING TABLES
- Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
- Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
- Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
- Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
TITLE XLIV--OTHER AUTHORIZATIONS
- Sec. 4401. Other authorizations.
Sec. 4402. Other authorizations for overseas contingency operations.
TITLE XLV--MILITARY CONSTRUCTION
- Sec. 4501. Military construction.
TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
- Sec. 4601. Department of Energy national security programs.
DIVISION E--SBIR AND STTR REAUTHORIZATION
- Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec. 5003. Repeal.
TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
- Sec. 5101. Extension of termination dates.
Sec. 5102. Status of the Office of Technology.
Sec. 5103. SBIR allocation increase.
Sec. 5104. STTR allocation increase.
Sec. 5105. SBIR and STTR award levels.
Sec. 5106. Agency and program flexibility.
Sec. 5107. Elimination of Phase II invitations.
Sec. 5108. Participation by firms with substantial investment from multiple venture capital operating companies in a portion of the SBIR program.
Sec. 5109. SBIR and STTR special acquisition preference.
Sec. 5110. Collaborating with Federal laboratories and research and development centers.
Sec. 5111. Notice requirement.
Sec. 5112. Express authority for an agency to award sequential Phase II awards for SBIR or STTR funded projects.
TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES
- Sec. 5201. Rural and State outreach.
Sec. 5202. Technical assistance for awardees.
Sec. 5203. Commercialization Readiness Program at Department of Defense.
Sec. 5204. Commercialization Readiness Pilot Program for civilian agencies.
Sec. 5205. Accelerating cures.
Sec. 5206. Federal agency engagement with SBIR and STTR awardees that have been awarded multiple Phase I awards but have not been awarded Phase II awards.
Sec. 5207. Clarifying the definition of ‘Phase III’.
Sec. 5208. Shortened period for final decisions on proposals and applications.
TITLE LIII--OVERSIGHT AND EVALUATION
- Sec. 5301. Streamlining annual evaluation requirements.
Sec. 5302. Data collection from agencies for SBIR.
Sec. 5303. Data collection from agencies for STTR.
Sec. 5304. Public database.
Sec. 5305. Government database.
Sec. 5306. Accuracy in funding base calculations.
Sec. 5307. Continued evaluation by the National Academy of Sciences.
Sec. 5308. Technology insertion reporting requirements.
Sec. 5309. Intellectual property protections.
Sec. 5310. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations.
Sec. 5311. Pilot to allow funding for administrative, oversight, and contract processing costs.
Sec. 5312. GAO study with respect to venture capital operating company involvement.
Sec. 5313. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse.
Sec. 5314. Interagency policy committee.
Sec. 5315. Simplified paperwork requirements.
TITLE LIV--POLICY DIRECTIVES
- Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Directives.
TITLE LV--OTHER PROVISIONS
- Sec. 5501. Research topics and program diversification.
Sec. 5502. Report on SBIR and STTR program goals.
Sec. 5503. Competitive selection procedures for SBIR and STTR programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
- For purposes of this Act, the term ‘congressional defense
committees’ has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. SCORING OF BUDGETARY EFFECTS.
- The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ‘Budgetary Effects of PAYGO
Legislation’ for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for procurement for the Army, the Navy and the Marine Corps, the
Air Force, and Defense-wide activities, as specified in the funding
table in section 4101.
Subtitle B--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND COMMON COCKPITS FOR NAVY MH-60R/S HELICOPTERS.
- (a) Authority for Multiyear Procurement- Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into a multiyear contract or contracts, beginning with the fiscal year
2012 program year, for the procurement of mission avionics and common
cockpits for MH-60R/S helicopters.
(b) Condition for Out-Year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.
Subtitle C--Air Force Programs
SEC. 131. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES.
- (a) Contract Authority-
- (1) IN GENERAL- The Secretary
of the Air Force may procure two advanced extremely high frequency
satellites by entering into a fixed-price contract for such procurement.
(2) COST REDUCTION- The Secretary may include in a contract entered into under paragraph (1) the following:
- (A)
The procurement of material and equipment in economic order quantities
if the procurement of such material and equipment in such quantities
will result in cost savings.
(B) Cost reduction initiatives.
(4) LIABILITY- A contract entered into under paragraph (1) shall provide that--
- (A)
any obligation of the United States to make a payment under the
contract is subject to the availability of appropriations for that
purpose; and
(B) the total liability of the Federal Government for the termination of the contract shall be limited to the total amount of funding obligated at the time of the termination of the contract.
- (1)
LIMITATION- Except as provided in subsection (c), and excluding amounts
described in paragraph (2), the total amount obligated or expended for
the procurement of two advanced extremely high frequency satellites
authorized by subsection (a) may not exceed $3,100,000,000.
(2) EXCLUSION- The amounts described in this paragraph are amounts associated with the following:
- (A) Plans.
(B) Technical data packages.
(C) Post-delivery and program-related support costs.
(D) Technical support for obsolescence studies.
- (1)
IN GENERAL- The Secretary may increase the limitation set forth in
subsection (b)(1) by the amount of an increase described in paragraph
(2) if the Secretary submits to the congressional defense committees
written notification of the increase made to that limitation.
(2) INCREASE DESCRIBED- An increase described in this paragraph is one of the following:
- (A) An increase in costs that is attributable to economic inflation after September 30, 2011.
(B) An increase in costs that is attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2011.
(C) An increase in the cost of an advanced extremely high frequency satellite that is attributable to the insertion of a new technology into the satellite that was not built into such satellites procured before fiscal year 2012, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology into the satellite is--
- (i) expected to decrease the life-cycle cost of the satellite; or
(ii) required to meet an emerging threat that poses grave harm to the national security of the United States.
- (1)
REPORT ON CONTRACTS- Not later than 30 days after the date on which the
Secretary enters into a contract under subsection (a), the Secretary
shall submit to the congressional defense committees a report on the
contract that includes the following:
- (A) The total cost savings resulting from the authority provided by subsection (a).
(B) The type and duration of the contract.
(C) The total value of the contract.
(D) The funding profile under the contract by year.
(E) The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract, including how any such changes may affect the success of the contract.
- (A) The available funds, by year, resulting from such cost savings.
(B) The specific activities or subprograms to be funded using such cost savings and the funds, by year, allocated to each such activity or subprogram.
(C) The objectives for each such activity or subprogram.
(D) The criteria used by the Secretary to determine which such activities or subprograms to fund.
(E) The method by which the Secretary will determine which such activities or subprograms to fund, including whether that determination will be on a competitive basis.
(F) The plan for encouraging participation in such activities and subprograms by small businesses.
(G) The process for determining how and when such activities and subprograms would transition to an existing program or be established as a new program of record.
(f) Sense of Congress- It is the sense of Congress that the Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two advanced extremely high frequency satellites unless the Secretary determines that entering into such a contract will save the Air Force not less than 20 percent over the cost of procuring two such satellites separately.
SEC. 132. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND DEVELOPMENT RELATING TO THE B-2 BOMBER AIRCRAFT.
- Of the unobligated balance of amounts appropriated for fiscal
year 2011 for the Air Force and available for procurement of B-2 bomber
aircraft modifications, post-production support, and other charges,
$20,000,000 shall be available for fiscal year 2012 for research,
development, test, and evaluation with respect to a conventional mixed
load capability for the B-2 bomber aircraft.
SEC. 133. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT ALTERNATIVE OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL INCREMENT 1 PROGRAM OF RECORD.
- (a) In General- Of the unobligated balance of amounts
appropriated for fiscal year 2011 for the Air Force and available for
procurement of B-2 bomber aircraft aircraft modifications,
post-production support, and other charges, $15,000,000 shall be
available to support alternative options for the extremely high
frequency terminal Increment 1 program of record.
(b) Plan To Secure Protected Communications- Not later than February 1, 2012, the Secretary of the Air Force shall submit to the congressional defense committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 bomber aircraft and other aircraft.
SEC. 134. LIMITATIONS ON USE OF FUNDS TO RETIRE B-1 BOMBER AIRCRAFT.
- (a) In General- None of the funds authorized to be appropriated
by this Act for fiscal year 2012 for the Department of Defense may be
obligated or expended--
- (1) on or before the date on which the
Secretary of the Air Force submits to the congressional defense
committees the plan described in subsection (b), to retire any B-1
bomber aircraft; or
(2) after that date, to retire more than six B-1 bomber aircraft.
- (1) An identification of each B-1 bomber aircraft that will be retired and the disposition plan for such aircraft.
(2) An estimate of the savings that will result from the proposed retirement of six B-1 bomber aircraft in each calendar year through calendar year 2022.
(3) An estimate of the amount of the savings described in paragraph (2) that will be reinvested in the modernization of B-1 bomber aircraft still in service in each calendar year through calendar year 2022.
(4) A modernization plan for sustaining the remaining B-1 bomber aircraft through at least calendar year 2022.
(5) An estimate of the amount of funding required to fully fund the modernization plan described in paragraph (4) for each calendar year through calendar year 2022.
- (1)
an amount that is not less than 60 percent of the savings achieved in
each calendar year through calendar year 2022 resulting from the
retirement of B-1 bomber aircraft should be reinvested in modernizing
and sustaining bomber aircraft; and
(2) an amount that is not less than 35 percent of the amount described in paragraph (1) should be reinvested in modernizing and sustaining the remaining B-1 bomber aircraft through at least calendar year 2022.
SEC. 135. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
- (a) Limitation- The Secretary of the Air Force may take no action
that would prevent the Air Force from maintaining the U-2 aircraft
fleet in its current configuration and capability beyond fiscal year
2016 until the Under Secretary of Defense for Acquisition, Technology,
and Logistics certifies in writing to the appropriate committees of
Congress that the operating and sustainment (O&S) costs for the
Global Hawk unmanned aerial vehicle (UAV) are less than the operating
and sustainment costs for the U-2 aircraft on a comparable flight-hour
cost basis.
(b) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--
- (1)
the Committee on Armed Services, the Committee on Appropriations, and
the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.
- Section 8062(g)(1) of title 10, United States Code, is amended--
- (1) by striking ‘October 1, 2009’ and inserting ‘October 1, 2011’; and
(2) by striking ‘316 aircraft’ and inserting ‘301 aircraft’.
SEC. 137. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.
- (a) In General- Upon determining to retire a C-23 aircraft, the
Secretary of the Army shall first offer title to such aircraft to the
chief executive officer of the State in which such aircraft is based.
(b) Transfer Upon Acceptance of Offer- If the chief executive officer of a State accepts title of an aircraft under subsection (a), the Secretary shall transfer title of the aircraft to the State without charge to the State. The Secretary shall provide a reasonable amount of time for acceptance of the offer.
(c) Use- Notwithstanding the transfer of title to an aircraft to a State under this section, the aircraft may continue to be utilized by the National Guard of the State in State status using National Guard crews in that status.
(d) Sustainment- Immediately upon transfer of title to an aircraft to the State under this section, the State shall assume all costs associated with operating, maintaining, sustaining, and modernizing the aircraft.
Subtitle D--Joint and Multiservice Matters
SEC. 151. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT MISSION REQUIREMENT FUNDS.
- Section 123(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4159; 10 U.S.C.
167 note) is amended by adding at the end the following new paragraphs:
‘(6) A table setting forth the Combat Mission Requirements approved during the fiscal year in which such report is submitted and the two preceding fiscal years, including for each such Requirement--
‘(A) the title of such Requirement;
‘(7) A statement of the amount of any unspent Combat Mission Requirements funds from the fiscal year in which such report is submitted and the two preceding fiscal years.’.
‘(B) the date of approval of such Requirement; and
‘(C) the amount of funding approved for such Requirement, and the source of such approved funds.
SEC. 152. F-35 JOINT STRIKE FIGHTER AIRCRAFT.
- In entering into a contract for the procurement of aircraft for
the fifth low-rate initial production contract lot (LRIP-5) for the F-35
Lightning II Joint Strike Fighter aircraft, the Secretary of Defense
shall ensure each of the following:
- (1) That the contract is a fixed price contract.
(2) That the contract requires the contractor to assume full responsibility for costs under the contract above the target cost specified in the contract.
SEC. 153. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009 MEASURES WITHIN THE JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.
- At the same time the budget of the President for fiscal year 2013
is submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Under Secretary for Acquisition, Technology, and
Logistics shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the plans of the
Department of Defense to implement the requirements of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23), and the
amendments made by that Act, within the Joint Strike Fighter (JSF)
aircraft program. The report shall set forth the following:
- (1)
Specific goals for implementing the requirements of the Weapon Systems
Acquisition Reform Act of 2009, and the amendments made by that Act,
within the Joint Strike Fighter aircraft program.
(2) A schedule for achieving each goal set forth under paragraph (1) for the Joint Strike Fighter aircraft program.
SEC. 154. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY UH-60M/HH-60M HELICOPTERS AND NAVY MH-60R/MH-60S HELICOPTERS.
- (a) Authority for Multiyear Procurement- Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2012 program year, for the procurement of airframes for UH-60M/HH-60M
helicopters and, acting as the executive agent for the Department of the
Navy, for the procurement of airframes for MH-60R/MH-60S helicopters.
(b) Condition for Out-year Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.
SEC. 155. DESIGNATION OF UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE UNITED STATES SPECIAL OPERATIONS COMMAND AS A MAJOR DEFENSE ACQUISITION PROGRAM.
- (a) Designation- The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall designate the undersea mobility
acquisition program of the United States Special Operations Command as a
major defense acquisition program (MDAP).
(b) Elements- The major defense acquisition program designated under subsection (a) shall consist of the elements as follows:
- (1) The Dry Combat Submersible-Light program.
(2) The Dry Combat Submersible-Medium program.
(3) The Shallow Water Combat Submersible program.
(4) The Next-Generation Submarine Shelter program.
SEC. 156. TRANSFER OF AIR FORCE C-12 LIBERTY INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT TO THE ARMY.
- (a) Plan for Transfer- The Secretary of Defense shall develop and
carry out a plan for the orderly transfer of the Air Force C-12 Liberty
Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the
Army to avoid the need for the Army to procure additional C-12 aircraft
for the replacement of the Guardrail aircraft fleet under the Enhanced
Medium Altitude Reconnaissance and Surveillance System (EMARSS) program.
(b) Elements- The plan required by subsection (a) shall--
- (1)
take into account the ability of Army personnel now operating the
Guardrail aircraft to take over operation of C-12 Liberty aircraft as
Guardrail aircraft are retired, freeing up Air Force personnel for
reallocation to meet the expanding orbit requirements for Unmanned
Aerial Systems;
(2) take into account the need to sustain intelligence, surveillance, and reconnaissance support for forces deployed to Afghanistan and elsewhere; and
(3) provide for the modification of the Liberty C-12 aircraft transferred under the plan to meet the long-term needs of the Army for the Enhanced Medium Altitude Reconnaissance and Surveillance System configuration to replace the Guardrail system.
SEC. 157. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-ENGINING PROGRAM.
- (a) Report on Audit of Funds for Program-
- (1) IN
GENERAL- Not later than 60 days after the date of the enactment of this
Act, the Air Force Audit Agency shall submit to the congressional
defense committees the results of a financial audit of the funds
previously authorized and appropriated for the Joint Surveillance Target
Attack Radar System (JSTARS) aircraft re-engining program.
(2) ELEMENTS- The report on the audit required by paragraph (1) shall include the following:
- (A) A description of how the funds described in that paragraph were expended, including--
- (i) an assessment of the existence, completeness, and cost of the assets acquired with such funds; and
(ii) an assessment of the costs that were capitalized as military equipment and inventory and the cost characterized as operating expenses (including payroll, freight and shipment, inspection, and other operating costs).
SEC. 158. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF SHORT TAKE-OFF, VERTICAL LANDING VARIANT OF THE JOINT STRIKE FIGHTER.
- Not later than 45 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the development of the short take-off, vertical
landing variant of the Joint Strike Fighter (otherwise known as the
F-35B Joint Strike Fighter) that includes the following:
- (1)
An identification of the criteria that the Secretary determines must be
satisfied before the F-35B Joint Strike Fighter can be removed from the
two-year probationary status imposed by the Secretary on or about
January 6, 2011.
(2) A mid-probationary period assessment of--
- (A) the performance of the F-35B Joint Strike Fighter based on the criteria described in paragraph (1); and
(B) the technical issues that remain in the development program for the F-35B Joint Strike Fighter.
SEC. 159. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F-35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT.
- (a) Authority-
- (1) EXCHANGE AUTHORITY- In accordance
with subsection (c), the Secretary of Defense may transfer to the United
Kingdom of Great Britain and Northern Ireland (in this section referred
to as the ‘United Kingdom’) all right, title, and interest of the
United States in and to an aircraft described in paragraph (2) in
exchange for the transfer by the United Kingdom to the United States of
all right, title, and interest of the United Kingdom in and to an
aircraft described in paragraph (3). The Secretary may execute the
exchange under this section on behalf of the United States only with the
concurrence of the Secretary of State.
(2) AIRCRAFT TO BE EXCHANGED BY UNITED STATES- The aircraft authorized to be transferred by the United States under this subsection is an F-35 Lightning II aircraft in the Carrier Variant configuration acquired by the United States for the Marine Corps under a future Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 6 contract.
(3) AIRCRAFT TO BE EXCHANGED BY UNITED KINGDOM- The aircraft for which the exchange under paragraph (1) may be made is an F-35 Lightning II aircraft in the Short-Take Off and Vertical Landing configuration that, as of November 19, 2010, is being acquired on behalf of the United Kingdom under an existing Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 4 contract.
- (1) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED BY UNITED STATES-
- (A)
IN GENERAL- Except as provided in subparagraph (B), funds for
production of the aircraft to be transferred by the United States
(including the propulsion system, long lead-time materials, the
production build, and deficiency corrections) may be derived from
appropriations for Aircraft Procurement, Navy, for the aircraft under
the contract referred to in subsection (a)(2).
(B) EXCEPTION- Costs for flight test instrumentation of the aircraft to be transferred by the United States and any other non-recurring and recurring costs for that aircraft associated with unique requirements of the United Kingdom may not be borne by the United States.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Department of Defense for research, development,
test, and evaluation as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROHIBITIONS RELATING TO USE OF FUNDS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ON THE F136 ENGINE.
- (a) Prohibition on Use of Funds for RDT&E- None of the
amounts authorized to be appropriated by this Act may be obligated or
expended for research, development, test, or evaluation on the F136
engine.
(b) Prohibition on Treatment of Certain Expenditures as Allowable Charges- No research, development, test, or evaluation on the F136 engine that is conducted and funded by the contractor may be considered an allowable charge on any future government contract, whether as a direct or indirect cost.
SEC. 212. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE COMMUNICATIONS PROGRAM.
- None of the funds authorized to be appropriated by section 201
for research, development, test, and evaluation for the Air Force as
specified in the funding table in section 4201 and available for
Increment 2 of the B-2 bomber aircraft extremely high frequency
satellite communications program may be obligated or expended until the
date that is 15 days after the date on which the Secretary of the Air
Force submits to the congressional defense committees the following:
- (1) The certification of the Secretary that--
- (A)
the United States Government will own the data rights to any extremely
high frequency active electronically steered array antenna developed for
use as part of a system to support extremely high frequency protected
satellite communications for the B-2 bomber aircraft; and
(B) the use of an extremely high frequency active electronically steered array antenna is the most cost effective and lowest risk option available to support extremely high frequency satellite communications for the B-2 bomber aircraft.
SEC. 213. UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE.
- Of the amounts authorized to be appropriated for fiscal year 2012
for the Navy for research, development, test, and evaluation and
available for purposes of the Unmanned Carrier Launched Airborne
Surveillance and Strike (UCLASS) program (PE 64404N) as specified in the
funding table in section 4201, not more than 50 percent may be
obligated or expended for such purposes until the Under Secretary of
Defense for Acquisition, Technology, and Logistics certifies to the
congressional defense committees that the Under Secretary has approved
an acquisition plan for that program at Milestone A approval that
requires implementation of open architecture standards for that program.
SEC. 214. MARINE CORPS GROUND COMBAT VEHICLES.
- (a) Limitation on Milestone B Approval for Marine Personnel
Carrier Pending Analysis of Alternatives for Amphibious Combat Vehicle-
- (1)
LIMITATION- Milestone B approval may not be granted for the Marine
Personnel Carrier (MPC) until 30 days after the date of the submittal to
the congressional defense committees of an Analysis of Alternatives
(AoA) for the Amphibious Combat Vehicle (ACV).
(2) REQUIREMENTS FOR ANALYSIS OF ALTERNATIVES- The Analysis of Alternatives for the Amphibious Combat Vehicle required by paragraph (1) shall include each of the following:
- (A) An assessment of the ability of the Navy
to defend its vessels against attacks at distances from shore ranging
from 10-to-30 nautical miles during amphibious assault operations in
multiple potential future conflict scenarios, based on existing and
planned and budgeted defense capabilities. The assessment shall identify
the key issues and variables that determine survivability in each of
the scenarios assessed.
(B) An assessment of the amount of time Marines can be expected to ride in a non-planing amphibious assault vehicle without suffering a significant degradation in combat effectiveness. The Marine Corps shall conduct tests to support such assessment using existing Amphibious Assault Vehicles and Expeditionary Fighting Vehicle SDD-2 prototypes.
(C) An assessment of the armor protection levels the Amphibious Combat Vehicle would require to satisfy the requirements for the Marine Personnel Carrier program, and an assessment whether a non-planing Amphibious Combat Vehicle could practically achieve that armor protection level while meeting other objectives for mobility and cost.
(D) An assessment of whether an Amphibious Combat Vehicle system could perform the range of amphibious assault and land warfare missions for the Marine Corps at a life-cycle cost approximately equal to or less than the combined cost of the Amphibious Combat Vehicle and Marine Personnel Carrier programs, and an assessment of the extent to which a ground combat vehicle fleet composed entirely of Amphibious Combat Vehicles would enhance the amphibious assault capabilities of the Marine Corps when compared with a fleet composed of a mixture of Amphibious Combat Vehicles and Marine Personnel Carriers.
- (1)
LIMITATION- Milestone B approval may not be granted for any Marine
Corps ground combat vehicle specified in paragraph (2) until 30 days
after the date of the submittal to the congressional defense committees
of a life-cycle cost assessment of the portfolio of Marine Corps ground
vehicles performed by the Director of Cost Assessment and Program
Evaluation of the Department of Defense.
(2) COVERED VEHICLES- The Marine Corps ground combat vehicles specified in this paragraph are the following:
- (A) The Marine Personnel Carrier.
(B) The Amphibious Combat Vehicle.
(C) The Joint Light Tactical Vehicle (JLTV).
(D) Any other ground combat vehicle of the Marine Corps under development as of the date of the enactment of this Act for which Milestone B approval has not been granted as of that date.
(d) Milestone B Approval Defined- In this section, the term ‘Milestone B approval’ has the meaning given that term in section 2366(e)(7) of title 10, United States Code.
Subtitle C--Missile Defense Matters
SEC. 231. ENHANCED OVERSIGHT OF MISSILE DEFENSE ACQUISITION PROGRAMS.
- (a) In General- Section 225 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4170; 10 U.S.C. 233 note) is amended--
- (1) in subsection (d), by striking ‘each report’ and inserting ‘each of the first three reports’; and
(2) by adding at the end the following new subsection:
‘(e) Comptroller General Assessment- (1) At the end of each of fiscal years 2012 through 2015, the Comptroller General of the United States shall review the annual reports on acquisition baselines and variances required under subsection (c) and assess the extent to which the Missile Defense Agency has achieved its acquisition goals and objectives.(b) Repeal of Superseded Reporting Authority- Section 232 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended by striking subsection (g).
‘(2) Not later than February 15, 2013, and each year thereafter through 2016, the Comptroller General shall submit to the congressional defense committees a report on the assessment under paragraph (1) with respect to the acquisition baselines for the preceding fiscal year. Each report shall include any findings and recommendations on missile defense acquisition programs and accountability therefore that the Comptroller General considers appropriate.’.
SEC. 232. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.
- (a) Findings- Congress makes the following findings:
- (1)
The Ground-based Midcourse Defense (GMD) element of the Ballistic
Missile Defense System was deployed initially in 2004 as a contingency
capability to provide initial protection of the United States homeland
against potential limited long-range missile attacks by nations such as
North Korea and Iran.
(2) As the Director of Operational Test and Evaluation has reported, prior to the decision in December 2002 to deploy the system, an operationally representative variant of the Ground-Based Interceptor had not been flight-tested.
(3) As the Department of Defense and the Government Accountability Office have acknowledged, the Ground-based Midcourse Defense system experienced high levels of concurrency in development and deployment, which led to a number of problems. In April 2011, the Missile Defense Agency acknowledged that the system ‘is still evolving and has not attained a stable configuration between missiles. It is still an ‘operational prototype’ system’.
(4) The Director of Operational Test and Evaluation reported in December 2010 that there have not been enough flight tests of the Ground-based Midcourse Defense system to permit an objective assessment of its operational effectiveness, suitability data remain insufficient, evaluation of survivability remains limited, and a ‘full end-to end performance assessment is still a minimum of 6 years away’.
(5) As is to be expected from a developmental system, the Ground-based Midcourse Defense system has experienced a number of technical problems in flight tests. Many of these problems have been resolved with further development, as demonstrated in successful flight tests. The system has been under continuous improvement since it was first deployed, but has not yet obtained desired levels of effectiveness, suitability, or reliability.
(6) In 2009, the Secretary of Defense announced that the Department of Defense would refocus efforts on improving the operational capability, reliability, and availability of the Ground-based Midcourse Defense system in order to maintain its ability to stay ahead of projected threats from North Korea and Iran for the foreseeable future.
(7) In February 2010 the Ballistic Missile Defense Review stated the United States is currently protected against limited intercontinental ballistic missile attacks as a result of investments made over the past decade in the Ground-based Midcourse Defense system and reiterated the commitment to improving the operational capability, reliability, and availability of the Ground-based Midcourse Defense System.
(8) The two most recent flight tests of the Ground-based Midcourse Defense system, using the newest Capability Enhancement-2 Exo-atmospheric Kill Vehicle (EKV) design, each failed to achieve the intended interception of a target.
(9) The two most recent flight tests are not indicative of the functionality of the Capability Enhancement-1 Exo-atmospheric Kill Vehicle design, which continues to provide the United States protection against a limited intercontinental ballistic missile attack.
(10) The Missile Defense Agency established a Failure Review Board to determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system. Its analysis will inform the proposed correction of the problem causing the flight-test failure.
(11) The Missile Defense Agency plans to design a correction of the problem causing the December 2010 flight-test failure and to verify the correction through extensive modeling and simulation, ground testing, and two flight tests, the first of which will not be an interception test.
(12) Until completing the verification of its corrective action, the Missile Defense Agency has suspended further production of Exo-atmospheric Kill Vehicles to ensure that potential flaws are not incorporated into them, and to permit any corrective action that may be needed to Exo-atmospheric Kill Vehicles at minimal cost and schedule risk.
(13) The Director of the Missile Defense Agency has testified that the Missile Defense Agency has sufficient funding available and planned for fiscal years 2011 and 2012, respectively, to implement the planned correction of the problem causing the December 2010 flight-test failure.
- (1)
it is essential for the Ground-based Midcourse Defense element of the
Ballistic Missile Defense System to achieve the levels of reliability,
availability, sustainability, and operational performance that will
allow it to continue providing protection of the United States homeland,
throughout its operational service life, against limited future missile
attacks from nations such as North Korea and Iran;
(2) the Missile Defense Agency should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system, design a correction of the problem causing the flight-test failure, and verify through extensive testing that such correction is effective and will allow the Ground-based Midcourse Defense system to reach levels described in paragraph (1);
(3) before verifying the success of the correction of the problem causing the December 2010 flight-test failure, the Missile Defense Agency should suspend further production of Exo-atmospheric Kill Vehicles to ensure that they will not be deployed with any component or design flaws that may have caused the flight-test failure;
(4) after the Missile Defense Agency has verified the correction of the problem causing the December 2010 flight-test failure, including through the two previously unplanned verification flight tests, the Agency should assess the need for any additional Ground-Based Interceptors and any additional steps needed for the Ground-based Midcourse Defense testing and sustainment program; and
(5) the Department of Defense should plan for and budget sufficient future funds for the Ground-based Midcourse Defense program to ensure the ability to complete and verify an effective correction of the problem causing the December 2010 flight-test failure, and to mitigate the effects of corrective actions on previously planned program work that is deferred as a result of such corrective actions.
- (1)
REPORTS REQUIRED- Not later than 120 days after the date of the
enactment of this Act, and one year thereafter, the Secretary of Defense
shall submit to the congressional defense committees a report
describing the plan of the Department of Defense to correct the problem
causing the December 2010 flight-test failure of the Ground-based
Midcourse Defense system, and any progress toward the achievement of
that plan.
(2) ELEMENTS- Each report required by paragraph (1) shall include the following:
- (A)
A detailed discussion of the plan to correct the problem described in
that paragraph, including plans for diagnostic, design, testing, and
manufacturing actions.
(B) A detailed discussion of any results obtained from the plan described in subparagraph (A) as of the date of such report, including diagnostic, design, testing, or manufacturing results.
(C) A description of any cost or schedule impact of the plan on the Ground-based Midcourse Defense program, including on testing, production, refurbishment, or deferred work.
(D) A description of any planned adjustments to the Ground-based Midcourse Defense program as a result of the implementation of the plan, including future programmatic, schedule, testing, or funding adjustments.
(E) A description of any enhancements to the capability of the Ground-based Midcourse Defense system achieved or planned since the submittal of the budget for fiscal year 2010 pursuant to section 1105 of title 31, United States Code.
SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA.
- (a) Findings- Congress makes the following findings:
- (1)
For more than a decade, the United States and Russia have discussed a
variety of options for cooperation on shared early warning and ballistic
missile defense. For example, on May 1, 2001, President George W. Bush
spoke of a ‘new cooperative relationship’ with Russia and said it
‘should be premised on openness, mutual confidence and real
opportunities for cooperation, including the area of missile defense. It
should allow us to share information so that each nation can improve
its early warning capability, and its capability to defend its people
and territory. And perhaps one day, we can even cooperate in a joint
defense’.
(2) Section 1231 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 1654A-329) authorized the Department of Defense to establish in Russia a ‘joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles’, also known as the Joint Data Exchange Center (JDEC).
(3) On March 31, 2008, Deputy Secretary of Defense Gordon England stated that ‘we have offered Russia a wide-ranging proposal to cooperate on missile defense--everything from modeling and simulation, to data sharing, to joint development of a regional missile defense architecture--all designed to defend the United States, Europe, and Russia from the growing threat of Iranian ballistic missiles. An extraordinary series of transparency measures have also been offered to reassure Russia. Despite some Russian reluctance to sign up to these cooperative missile defense activities, we continue to work toward this goal’.
(4) On July 6, 2009, President Barack Obama and Russian President Dmitry Medvedev issued a joint statement on missile defense issues, which stated that ‘Russia and the United States plan to continue the discussion concerning the establishment of cooperation in responding to the challenge of ballistic missile proliferation. . . We have instructed our experts to work together to analyze the ballistic missile challenges of the 21st century and to prepare appropriate recommendations’.
(5) The February 2010 report of the Ballistic Missile Defense Review established as one of its central policy pillars that increased international missile defense cooperation is in the national security interest of the United States and, with regard to cooperation with Russia, the United States ‘is pursuing a broad agenda focused on shared early warning of missile launches, possible technical cooperation, and even operational cooperation’.
(6) at the November 2010 Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to develop a missile defense system to ‘protect NATO European populations, territory and forces’ and also to seek cooperation with Russia on missile defense. In its Lisbon Summit Declaration, the North Atlantic Treaty Organization reaffirmed its readiness to ‘invite Russia to explore jointly the potential for linking current and planned missile defence systems at an appropriate time in mutually beneficial ways’. The new NATO Strategic Concept adopted at the Lisbon Summit states that ‘we will actively seek cooperation on missile defence with Russia’, that ‘NATO-Russia cooperation is of strategic importance’, and that ‘the security of the North Atlantic Treaty Organization and Russia is intertwined’.
(7) In a December 18, 2010, letter to the leadership of the Senate, President Obama wrote that the North Atlantic Treaty Organization ‘invited Russia to cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. The Lisbon Summit thus demonstrated that the Alliance’s missile defenses can be strengthened by improving NATO-Russian relations. This comes even as we have made clear that the system we intend to pursue with Russia will not be a joint system, and it will not in any way limit United States’ or NATO’s missile defense capabilities. Effective cooperation with Russia could enhance the overall efficiency of our combined territorial missile defenses, and at the same time provide Russia with greater security’.
(8) Section 221(a)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4167) states that it is the sense of Congress ‘to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats’.
(9) In a speech in Russia on March 21, 2011, Secretary of Defense Robert Gates cited ‘the NATO-Russian decision to cooperate on defense against ballistic missiles. We’ve disagreed before, and Russia still has uncertainties about the European Phased Adaptive Approach, a limited system that poses no challenges to the large Russian nuclear arsenal. However, we’ve mutually committed to resolving these difficulties in order to develop a roadmap toward truly effective anti-ballistic missile collaboration. This collaboration may include exchanging launch information, setting up a joint data fusion center, allowing greater transparency with respect to our missile defense plans and exercises, and conducting a joint analysis to determine areas of future cooperation’.
(10) In testimony to the Committee on Armed Services of the Senate on April 13, 2011, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley H. Roberts stated that the United States has been pursuing a Defense Technology Cooperation Agreement with Russia since 2004, and that such an agreement is necessary ‘for the safeguarding of sensitive information in support of cooperation’ on missile defense, and to ‘provide the legal framework for undertaking cooperative efforts.’ Further, Dr. Roberts stated that the United States would not provide any classified information to Russia without first conducting a National Disclosure Policy review. He also stated that the United States is not considering sharing ‘hit-to-kill’ technology with Russia.
(11) The United States and Russia already engage in substantial cooperation on a number of international security efforts, including nuclear nonproliferation, anti-piracy, counter-narcotics, nuclear security, counter-terrorism, and logistics resupply through Russia of coalition forces in Afghanistan. These areas of cooperation require each side to share and protect sensitive information, which they have both done successfully.
(12) The United States currently has shared early warning agreements and programs of cooperation with eight nations in addition to the North Atlantic Treaty Organization. The United States has developed procedures and mechanisms for sharing early warning information with partner nations while ensuring the protection of sensitive United States information.
(13) Russia and the United States each have missile launch early warning and detection and tracking sensors that could contribute to and enhance each others’ ability to detect, track, an defend against ballistic missile threats from Iran.
(14) The Obama Administration has provided regular briefings to Congress on its discussions with Russia on possible missile defense cooperation.
- (1)
it is in the national security interest of the United States to pursue
efforts at missile defense cooperation with Russia that would enhance
the security of the United States, its North Atlantic Treaty
Organization allies, and Russia, particularly against missile threats
from Iran;
(2) the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral basis and a multilateral basis with its North Atlantic Treaty Organization allies, particularly through the NATO-Russia Council;
(3) missile defense cooperation with Russia should not ‘in any way limit United States’ or NATO’s missile defense capabilities’, as acknowledged in the December 18, 2010, letter from President Obama to the leadership of the Senate, and should be mutually beneficial and reciprocal in nature; and
(4) the United States should pursue missile defense cooperation with Russia in a manner that ensures that--
- (A) United States classified information is appropriately safeguarded and protected from unauthorized disclosure;
(B) prior to sharing classified information with Russia, the United States conducts a National Disclosure Policy review and determines the types and levels of information that may be shared and whether any additional procedures are necessary to protect such information;
(C) prior to entering into missile defense technology cooperation projects, the United States enters into a Defense Technology Cooperation Agreement with Russia that establishes the legal framework for a broad spectrum of potential cooperative defense projects; and
(D) such cooperation does not limit the missile defense capabilities of the United States or its North Atlantic Treaty Organization allies.
- (1)
REPORT REQUIRED- Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
committees of Congress a report on the status of efforts to reach
agreement with Russia on missile defense cooperation.
(2) ELEMENTS- The report required under paragraph (1) shall include the following:
- (A)
A summary of the status of discussions between the United States and
Russia, and between the North Atlantic Treaty Organization and Russia,
on efforts to agree on missile defense cooperation.
(B) A description of any agreements reached pursuant to such discussions, and any specific cooperative measures agreed, implemented, or planned.
(C) A discussion of the manner in which such cooperative measures would enhance the security of the United States, and the manner in which such cooperative measures fit within the larger context of United States-Russian cooperation on international security.
(D) A description of the status of efforts to conclude a bilateral Defense Technology Cooperation Agreement with Russia.
(E) A description of the status of any National Disclosure Policy Review relative to the possible sharing of classified information with Russia concerning missile defense cooperation.
(F) A discussion of the actions that are being taken or are planned to be taken to safeguard United States classified information in any agreement or discussions with Russia concerning missile defense cooperation.
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘appropriate committees of Congress’ means--
- (A) the Committees on Armed Services, Foreign Relations, and Appropriations of the Senate; and
(B) the Committees on Armed Services, Foreign Affairs, and Appropriations of the House of Representatives.
SEC. 234. REPORT ON THE UNITED STATES MISSILE DEFENSE HEDGING STRATEGY.
- (a) Report Required- 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 the findings and
conclusions of the homeland missile defense hedging strategy review,
including a discussion of the feasibility and advisability of
establishing a missile defense site on the East Coast of the United
States.
(b) Form- The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Subtitle D--Reports
SEC. 251. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP AND ANNUAL REVIEW AND CERTIFICATION ON FUNDING FOR DEVELOPMENT OF HYPERSONICS.
- Section 218(e)(3) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2126; 10 U.S.C. 2358 note) is amended by striking ‘2012’ and inserting
‘2020’.
Subtitle E--Other Matters
SEC. 261. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.
- Section 243 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4178; 10 U.S.C.
2358 note) is amended--
- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new subsection (b):
‘(b) Cost-sharing- Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system either (1) for the development of program protection strategies for the system, or (2) for the design and incorporation of exportability features into the system shall include a cost-sharing provision that requires the contractor to bear at least one half of the cost of such activities.’.
SEC. 262. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE.
- (a) Acquisition-
- (1) IN GENERAL- Subject to paragraph
(3), the Secretary of the Army (referred to in this section as the
‘Secretary’) may acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire, described in
paragraph (2) as may be needed for the Engineer Research and Development
Center laboratory facilities at the Cold Regions Research and
Engineering Laboratory.
(2) DESCRIPTION OF REAL PROPERTY- The real property described in this paragraph is the real property to be acquired under paragraph (1)--
- (A) consisting of approximately
18.5 acres, identified as Tracts 101-1 and 101-2, together with all
necessary easements located entirely within the Town of Hanover, New
Hampshire; and
(B) generally bounded--
- (i) to the east by state route 10-Lyme Road;
(ii) to the north by the vacant property of the Trustees of Dartmouth College;
(iii) to the south by Fletcher Circle graduate student housing owned by the Trustees of Dartmouth College; and
(iv) to the west by approximately 9 acres of real property acquired in fee through condemnation in 1981 by the Secretary.
- (1)
through the Plant Replacement and Improvement Program of the Secretary,
may use amounts in the revolving fund established by section 101 of the
Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) to acquire the
real property and associated real property interests described in
subsection (a); and
(2) shall ensure that the revolving fund is appropriately reimbursed from the benefitting appropriations.
- (1)
IN GENERAL- The Secretary may provide the seller of any real property
and associated property interests identified in subsection (a) a right
of first refusal--
- (A) a right of first refusal to acquire the
property, or any portion of the property, in the event the property or
portion is no longer needed by the Department of the Army; and
(B) a right of first refusal to acquire any real property or associated real property interests acquired by condemnation in Civil Action No. 81-360-L, in the event the property, or any portion of the property, is no longer needed by the Department of the Army.
- (1) consideration acceptable to the Secretary; and
(2) not less than fair market value at the time at which the property becomes available for purchase.
(f) No Effect on Compliance With Environmental Laws- Nothing in this section affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
- Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Armed Forces and other activities and agencies
of the Department of Defense for expenses, not otherwise provided for,
for operation and maintenance, as specified in the funding table in
section 4301.
Subtitle B--Energy and Environmental Provisions
SEC. 311. MODIFICATION OF ENERGY PERFORMANCE GOALS.
- (a) Modification of Goals- Section 2911(e) of title 10, United States Code, is amended--
- (1) in the subsection heading, by striking ‘Goal’ and inserting ‘Goals’; and
(2) in paragraph (1)--
- (A) by redesignating subparagraphs (A) and (B) as subparagraphs (D) and (E), respectively; and
(B) by inserting before subparagraph (D), as redesignated by subparagraph (A) of this paragraph, the following new subparagraphs:
‘(A) to produce or procure not less than 12 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2015 through 2017 from renewable energy sources;
‘(B) to produce or procure not less than 16 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2018 through 2020 from renewable energy sources;
‘(C) to produce or procure not less than 20 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2021 through 2024 from renewable energy sources;’.
SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS.
- (a) In General- Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
‘Sec. 2711. Annual report on defense environmental programs
‘(a) Report Required- The Secretary of Defense shall submit to Congress each year, not later than 45 days after the date on which the President submits to Congress the budget for a fiscal year, a report on defense environmental programs. Each report shall include:
‘(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, the following elements:
‘(b) Definitions- For purposes of this section--
‘(A) Information on the Installation Restoration Program, including the following:
‘(2) With respect to each of the major activities under the environmental quality program of the Department of Defense and for each of the military departments--
‘(i) The total number of sites in the IRP.
‘(B) Information on the Military Munitions Restoration Program (MMRP), including the following:
‘(ii) The number of sites in the IRP that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding calendar year.
‘(iii) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the environmental restoration program during the fiscal year for which the budget is submitted.
‘(iv) The Secretary’s assessment of the overall progress of the IRP.
‘(i) The total number of sites in the MMRP.
‘(ii) The number of sites that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding calendar year.
‘(iii) A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the MMRP during the fiscal year for which the budget is submitted.
‘(iv) The Secretary’s assessment of the overall progress of the MMRP.
‘(A) a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted; and
‘(3) With respect to the environmental technology program of the Department of Defense--
‘(B) an explanation for any significant change in such amounts during the period covered.
‘(A) a report on the progress made by in achieving the objectives and goals of its environmental technology program during the preceding fiscal year and an overall trend analysis for the program covering the previous four fiscal years; and
‘(B) a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted.
‘(1) the term ‘environmental quality program’ means a program of activities relating to environmental compliance, conservation, pollution prevention, and other activities relating to environmental quality as the Secretary may designate; and
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2710 the following new item:
‘(2) the term ‘major activities’ with respect to an environmental program means--
‘(A) environmental compliance activities;
‘(B) conservation activities; and
‘(C) pollution prevention activities.’.
‘2711. Annual report on defense environmental programs.’.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.
- (a) Authority To Transfer Funds-
- (1) TRANSFER AMOUNT-
Using funds described in subsection (b) and notwithstanding section 2215
of title 10, United States Code, the Secretary of the Navy may transfer
not more than $45,000 to the Hazardous Substance Superfund Jackson Park
Housing Complex, Washington, special account.
(2) PURPOSE OF TRANSFER- The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 7, 2009, against the Jackson Park Housing Complex, Washington, for the failure by the Navy to submit a draft Final Remedial Investigation/Feasibility Study for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) in accordance with the requirements of the Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).
(c) Use of Funds- The amount transferred under subsection (a) shall be used by the Environmental Protection Agency to pay the penalty described under paragraph (2) of such subsection.
SEC. 314. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.
- (a) Limitation on Use of Funds- None of the funds authorized to
be appropriated by this Act may be used to make a final decision on or
final adjudication of any claim filed regarding water contamination at
Marine Corps Base Camp Lejeune unless the Agency for Toxic Substances
and Disease Registry completes all epidemiological and water modeling
studies relevant to such contamination that are ongoing as of June 1,
2011, and certifies the completion of all such studies in writing to the
Committees on Armed Services for the Senate and the House of
Representatives. This provision does not prevent the use of funds for
routine administrative tasks required to maintain such claims nor does
it prohibit the use of funds for matters pending in Federal court.
(b) Resolution of Certain Disputes- The Secretary of the Navy shall make every effort to resolve any dispute arising between the Department of the Navy and the Agency for Toxic Substances and Disease Registry that is covered by the Interagency Agreement between the Department of Health and Human Services Agency for Toxic Substances and Disease Registry and the Department of the Navy or any successor memorandum of understanding and signed agreements not later than 60 days after the date on which the dispute first arises. In the event the Secretary is unable to resolve such a dispute within 60 days, the Secretary shall submit to the congressional defense committees a report on the reasons why an agreement has not yet been reached, the actions that the Secretary plans to take to reach agreement, and the schedule for taking such actions.
(c) Coordination Prior to Releasing Information to the Public- The Secretary of the Navy shall make every effort to coordinate with the Agency for Toxic Substances and Disease Registry on all issues pertaining to water contamination at Marine Corps Base Camp Lejeune, and other exposed pathways before releasing anything to the public.
SEC. 315. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED FORCES.
- (a) Discharge Restrictions for Ships of the Armed Forces-
Subsection (b) of section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902(b)) is amended to read as follows:
‘(b)(1) Except as provided in paragraph (3), this Act shall not apply to--(b) Conforming Amendments- Section 3(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) is amended--
‘(A) a ship of the Armed Forces described in paragraph (2); or
‘(2) A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by the Secretary concerned--
‘(B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol.
‘(A) has unique military design, construction, manning, or operating requirements; and
‘(3)(A) Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships referred to in subsection (a) other than those described in paragraph (2).
‘(B) cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship.
‘(B) A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as follows:
‘(i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the residues thereof, is prohibited.
‘(C)(i) Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles of land.
‘(ii) Garbage consisting of the following material may be discharged into the sea, subject to subparagraph (C):
‘(I) A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter.
‘(II) Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy.
‘(III) With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy.
‘(IV) Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, or incompletely burned plastics.
‘(ii) Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land.
‘(D) Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than--
‘(i) 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and
‘(E) This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea.
‘(ii) 25 nautical miles from the nearest land, in the case of all other garbage.
‘(F) This paragraph shall not apply during time of war or a national emergency declared by the President or Congress.’.
- (1)
in paragraph (1), by striking ‘Annex V to the Convention on or before
the dates referred to in subsections (b)(2)(A) and (c)(1)’ and inserting
‘subsection (b)’; and
(2) in paragraph (2), by inserting ‘and subsection (b)(3)(B)(i) of this section’ after ‘Annex V to the Convention’.
SEC. 316. CONSIDERATION OF ENERGY SECURITY AND RELIABILITY IN DEVELOPMENT AND IMPLEMENTATION OF ENERGY PERFORMANCE GOALS.
- Section 2911(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
‘(12) Opportunities to enhance energy security and reliability of defense facilities and missions, including through the ability to operate for extended periods off-grid.’.
SEC. 317. INSTALLATION ENERGY METERING REQUIREMENTS.
- The Secretary of Defense shall, to the maximum extent
practicable, require that the information generated by the installation
energy meters be captured and tracked to determine baseline energy
consumption and facilitate efforts to reduce energy consumption.
SEC. 318. TRAINING POLICY FOR DEPARTMENT OF DEFENSE ENERGY MANAGERS.
- (a) Establishment of Training Policy- The Secretary of Defense
shall establish a training policy for Department of Defense energy
managers designated for military installations in order to--
- (1)
improve the knowledge, skills, and abilities of energy managers by
ensuring understanding of existing energy laws, regulations, mandates,
contracting options, local renewable portfolio standards, current
renewable energy technology options, energy auditing, and options to
reduce energy consumption;
(2) improve consistency among energy managers throughout the Department in the performance of their responsibilities;
(3) create opportunities and forums for energy managers to exchange ideas and lessons learned within each military department, as well as across the Department of Defense; and
(4) collaborate with the Department of Energy regarding energy manager training.
(c) Briefing Requirement- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, or designated representatives of the Secretary, shall brief the Committees on Armed Services of the Senate and House of Representatives regarding the details of the energy manager policy.
Subtitle C--Workplace and Depot Issues
SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
- Section 2476 of title 10, United States Code, is amended--
- (1)
in subsection (a), by striking ‘Each fiscal year, the Secretary of a
military department shall invest’ and inserting ‘Each fiscal year, it
shall be the objective of the Secretary of a military department to
invest’;
(2) in subsection (b)--
- (A) by striking
‘includes investment funds spent on depot infrastructure, equipment, and
process improvement in direct support’ and inserting ‘includes
investment funds spent to modernize or improve the efficiency of depot
facilities, equipment, work environment, or processes in direct
support’; and
(B) by adding at the end the following: ‘It does not include funds spent for any other repair or activity to maintain or sustain existing facilities, infrastructure, or equipment.’;
- (A) by striking ‘(1) Not later than’ and inserting ‘Not later than’;
(B) by striking ‘summarizing the level of capital investment for each military department’ and inserting ‘summarizing the level of capital investment in the military departments’; and
(C) by striking paragraph (2); and
‘(I) Crane Ammunition Activity, Indiana.
‘(J) McAlester Ammunition Plant, Oklahoma.
‘(K) Radford Ammunition Plant, Virginia.
‘(L) Lake City Ammunition Plant, Missouri.
‘(M) Holsten Ammunition Plant, Tennessee.
‘(N) Scranton Ammunition Plant, Pennsylvania.
‘(O) Iowa Ammunition Plant, Iowa.
‘(P) Milan Ammunition Plant, Tennessee.
‘(Q) Joint System Manufacturing Center, Lima Ohio.’.
SEC. 322. LIMITATION ON REVISING THE DEFINITION OF DEPOT-LEVEL MAINTENANCE.
- (a) Limitation- The Secretary of Defense or any of the
Secretaries of the military departments may not issue guidance,
regulations, policy, or revisions to any Department of Defense or
service instructions containing a revision to the definition of
depot-level maintenance unless the Secretary submits to the
congressional defense committees the report described in subsection (b).
(b) Report- The report referred to in subsection (a) is a report prepared by the Defense Business Board regarding the advisability of establishing a single definition of depot-level maintenance, taking into consideration--
- (1) the total industrial capacity, both in the private sector industry and in the depots;
(2) the importance of establishing requirements and allocating workload on the basis of sound business case analyses; and
(3) establishing transparency and accountability in the development of the core workload requirements and in the allocation of workload under the requirements in section 2466 of title 10, United States Code.
SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
- Section 2474(a)(1) of title 10, United States Code, is amended by
inserting ‘and may designate any military industrial facility’ after
‘shall designate each depot-level activity’.
SEC. 324. REPORTS ON DEPOT-RELATED ACTIVITIES.
- (a) Report on Depot-level Maintenance and Recapitalization of Certain Parts and Equipment-
- (1)
IN GENERAL- Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense in consultation with the military
departments, shall submit to the congressional defense committees a
report on the status of the Drawdown, Retrograde and Reset Program for
the equipment used in support of operations in Iraq and Afghanistan and
the status of the overall supply chain management for depot-level
activities.
(2) ELEMENTS- The report required under paragraph (1) shall include the following elements:
- (A)
An assessment of the number of backlogged parts for critical warfighter
needs, an explanation of why those parts became backlogged, and an
estimate of when the backlog is likely to be fully addressed.
(B) A review of critical warfighter requirements that are being impacted by a lack of supplies and parts and an explanation of steps that the Director plans to take to meet the demand requirements of the military departments.
(C) An assessment of the feasibility and advisability of working with outside commercial partners to utilize flexible and efficient turn-key rapid production systems to meet rapidly emerging warfighter requirements.
(D) A review of plans to further consolidate the ordering and stocking of parts and supplies from the military departments at depots under the control of the Defense Logistics Agency.
- (A) VIRTUAL AND FLEXIBLE- Systems that provide for
flexibility to rapidly respond to requests for low-volume or high-volume
machined parts and surge demand by accessing the full capacity of
small- and medium-sized manufacturing communities in the United States.
(B) SPEED TO MARKET- Systems that provide for flexibility that allows rapid introduction of subassemblies for new parts and weapons systems to the warfighter.
(C) RISK MANAGEMENT- Systems that provide for the electronic archiving and updating of turn-key rapid production packages to provide insurance to the Department of Defense that parts will be available if there is a supply chain disruption.
- (1) REPORT REQUIRED- The Secretary of the
Air Force shall enter into an agreement with a federally funded
research and development center to submit to the congressional defense
committees, not later than 180 days after the date of the enactment of
this Act, a report on the alignment, organizational reporting, and
performance rating of Air Force system program managers, sustainment
program managers, and product support managers at Air Logistics Centers
or Air Logistics Complexes.
(2) ELEMENTS- The report required under paragraph (1) shall include the following elements:
- (A) Consideration of the proposed reorganization of Air Force Materiel Command announced on November 2, 2011.
(B) An assessment of how various alternatives for aligning the managers described in subsection (a) within Air Force Materiel Command would likely support and impact life cycle management, weapon system sustainment, and overall support to the warfighter.
(C) With respect to the alignment of the managers described in subsection (A), an examination of how the Air Force should be organized to best conduct life cycle management and weapon system sustainment, with any analysis of cost and savings factors subject to the consideration of overall readiness.
(D) Recommended alternatives for meeting these objectives.
Subtitle D--Reports
SEC. 331. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE.
- (a) Study-
- (1) IN GENERAL- The Secretary of the Air
Force shall conduct a study on the ability of the major air test and
training range infrastructure, including major military operating area
airspace and special use airspace, to support the full spectrum of Air
Force operations. The Secretary shall incorporate the results of the
study into a master plan for requirements and proposed investments to
meet Air Force training and test needs through 2025. The study and the
master plan shall be known as the ‘2025 Air Test and Training Range
Enhancement Plan’.
(2) CONSULTATION- The Secretary of the Air Force shall, in conducting the study required under paragraph (1), consult with the Secretaries of the other military departments to determine opportunities for joint use and training of the ranges, and to assess the requirements needed to support combined arms training on the ranges. The Secretary shall also consult with the Department of the Interior, the Department of Agriculture, the Federal Aviation Administration, the Federal Energy Regulation Commission, and the Department of Energy to assess the need for transfers of administrative control of certain parcels of airspace and land to the Department of Defense to protect the missions and control of the ranges.
(3) CONTINUATION OF RANGE INFRASTRUCTURE IMPROVEMENTS- The Secretary of the Air Force may proceed with all ongoing and scheduled range infrastructure improvements while conducting the study required under paragraph (1).
- (1) IN GENERAL- The
Secretary of the Air Force shall submit to the congressional defense
committees an interim report and a final report on the plan to meet the
requirements under subsection (a) not later than one year and two years,
respectively, after the date of the enactment of this Act.
(2) CONTENT- The plan submitted under paragraph (1) shall--
- (A)
document the current condition and adequacy of the major Air Force test
and training range infrastructure in the United States to meet test and
training requirements;
(B) identify potential areas of concern for maintaining the physical safety, security, and current operating environment of such infrastructure;
(C) identify potential issues and threats related to the sustainability of the test and training infrastructure, including electromagnetic spectrum encroachment, overall bandwidth availability, and protection of classified information;
(D) assess coordination among ranges and local, state, regional, and Federal entities involved in land use planning, and develop recommendations on how to improve communication and coordination of such entities;
(E) propose remedies and actions to manage economic development on private lands on or surrounding the test and training infrastructure to preserve current capabilities;
(F) identify critical parcels of land not currently under the control of the Air Force for acquisition of deed or restrictive easements in order to protect current operations, access and egress corridors, and range boundaries, or to expand the capability of the air test and training ranges;
(G) identify which parcels identified pursuant to subparagraph (F) could, through the acquisition of conservation easements, serve military interests while also preserving recreational access to public and private lands, protecting wildlife habitat, or preserving opportunities for energy development and energy transmission;
(H) prioritize improvements and modernization of the facilities, equipment, and technology supporting the infrastructure in order to provide a test and training environment that accurately simulates and or portrays the full spectrum of threats and targets of likely United States adversaries in 2025;
(I) incorporate emerging requirements generated by requirements for virtual training and new weapon systems, including the F-22, the F-35, space and cyber systems, and Remotely Piloted Aircraft;
(J) assess the value of State and local legislative initiatives to protect Air Force test and training range infrastructure;
(K) identify parcels with no value to future military operations;
(L) propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade the test and training range infrastructure, taking into consideration the criteria set forth in this paragraph; and
(M) explore opportunities to increase foreign military training with United States allies at test and training ranges in the continental United States.
(4) RULE OF CONSTRUCTION- The reports submitted under this section shall not be construed as meeting the requirements of section 2815(d) of the Military Construction Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852).
SEC. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL OPERATIONS FORCES.
- (a) Study-
- (1) IN GENERAL- The Commander of the United
States Special Operations Command shall conduct a study on the ability
of existing training ranges used by special operations forces, including
military operating area airspace and special use airspace, to support
the full spectrum of missions and operations assigned to special
operations forces.
(2) CONSULTATION- The Commander shall, in conducting the study required under paragraph (1), consult with the Secretaries of the military departments, the Office of the Secretary of Defense, and the Joint Staff on--
- (A) procedures and
priorities for joint use and training on ranges operated by the military
services, and to assess the requirements needed to support combined
arms training on the ranges; and
(B) requirements and proposed investments to meet special operations training requirements through 2025.
- (1)
IN GENERAL- Not later than one year after the date of the enactment of
this Act, the Commander shall submit to the congressional defense
committees a report on the plan to meet the requirements under
subsection (a).
(2) CONTENT- The study submitted under paragraph (1) shall--
- (A)
assess the current condition and adequacy of, and access to, all
existing training ranges in the United States used by special operations
forces;
(B) identify potential areas of concern for maintaining the physical safety, security, and current operating environment of ranges used by special operations forces;
(C) identify issues and challenges related to the availability and sustainability of the existing training ranges used by special operations forces, including support of a full spectrum of operations and protection of classified missions and tactics;
(D) assess coordination among ranges and local, State, regional, and Federal entities involved in land use planning and the protection of ranges from encroachment;
(E) propose remedies and actions to ensure consistent and prioritized access to existing ranges;
(F) prioritize improvements and modernization of the facilities, equipment, and technology supporting the ranges in order to adequately simulate the full spectrum of threats and contingencies for special operations forces; and
(G) propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade training range infrastructure.
SEC. 333. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE AND EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS TO ACHIEVE COST SAVINGS.
- Not later than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall conduct a survey of the quantity and
condition of each class of non-tactical wheeled vehicles and base-level
commercial equipment in the fleets of the military departments and
report to the congressional defense committees on the advisability of
establishing service life extension programs for such classes of
vehicles.
SEC. 334. MODIFIED DEADLINE FOR ANNUAL REPORT ON BUDGET SHORTFALLS FOR IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.
- Section 138c(e)(4) of title 10, United States Code, as
transferred and redesignated by section 901(b)(7) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4320), is amended--
- (1) by striking ‘10
days after the date on which the budget for a fiscal year is submitted
pursuant to section 1105 of title 31’ and inserting ‘March 31 each year,
beginning March 31, 2012’; and
(2) by striking ‘for that fiscal year’ and inserting ‘for the fiscal year beginning in that calendar year’.
Subtitle E--Other Matters
SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENTER INTO COOPERATIVE AGREEMENTS WITH NON-ARMY ENTITIES.
- (a) Extension of Authority- Section 4544 of title 10, United States Code, is amended--
- (1)
in subsection (a), by striking ‘enter into not more than eight
contracts or cooperative agreements’ and all that follows through the
period at the end and inserting ‘enter into not more than 15 contracts
or cooperative agreements in any fiscal year.’; and
(2) in subsection (k), by striking ‘September 30, 2014’ and inserting ‘September 30, 2025’.
SEC. 342. WORKING-CAPITAL FUND ACCOUNTING.
- Section 2208(k) of title 10, United States Code, is amended by adding at the end the following new paragraph:
‘(3) All capital assets financed by a working-capital fund and subject to paragraph (2) shall be capitalized and depreciated for budgeting, rate setting, and financial accounting purposes. Procurements not subject to paragraph (2) shall be immediately expensed and shall not be capitalized or depreciated in financial accounting records or reported on financial statements as an asset.’.
SEC. 343. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES.
- Section 346 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4191; 10 U.S.C.
2576 note) is amended to read as follows:
‘SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES.
‘(a) Commercial Sale of Small Arms Ammunition, Small Ammunition Components, and Fired Cartridge Cases- Small arms ammunition and small ammunition components which are in excess of military requirements, and intact fired small arms cartridge cases shall be made available for commercial sale. Such small arms ammunition, small arms ammunition components, and intact fired cartridge cases shall not be demilitarized, destroyed, or disposed of, unless in excess of commercial demands or certified by the Secretary of Defense as unserviceable or unsafe. This provision shall not apply to ammunition, ammunition components, or fired cartridge cases stored or expended outside the continental United States (OCONUS).
‘(b) Deadline for Guidance- Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, the Secretary of Defense shall issue guidance to ensure compliance with subsection (a). Not later than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees a letter of compliance providing notice of such guidance.
‘(c) Preference- No small arms ammunition or small arms ammunition components in excess of military requirements, or fired small arms cartridge cases may be made available for commercial sale under this section before such ammunition and ammunition components are offered for transfer or purchase, as authorized by law, to another Federal department or agency or for sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies pursuant to section 2576 of title 10, United States Code, as amended by this Act.
‘(d) Sales Controls- All small arms ammunition and small arms ammunition components, and fired small arms cartridge cases made available for commercial sale under this section shall be subject to all explosives safety and trade security controls in effect at the time of sale.
‘(e) Definitions- In this section:
‘(1) SMALL ARMS AMMUNITION- The term ‘small arms ammunition’ means ammunition or ordnance for firearms up to and including .50 caliber and for shotguns.
‘(2) SMALL ARMS AMMUNITION COMPONENTS- The term ‘small arms ammunition components’ means components, parts, accessories, and attachments associated with small arms ammunition.
‘(3) FIRED CARTRIDGE CASES- The term ‘fired cartridge cases’ means expended small arms cartridge cases (ESACC).’.
SEC. 344. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS TO STUDY OPTIONS FOR MITIGATING ADVERSE EFFECTS OF PROPOSED OBSTRUCTIONS ON MILITARY INSTALLATIONS.
- Section 358(g) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4201; 10 U.S.C.
44718 note) is amended by amending the second sentence to read as
follows: ‘Amounts so accepted shall be and will remain available until
expended for the purpose of offsetting the cost of measures undertaken
by the Secretary of Defense to mitigate adverse impacts of such project
on military operations and readiness and the cost of studying options
for mitigating such adverse impacts.’.
SEC. 345. UTILITY DISRUPTIONS TO MILITARY INSTALLATIONS.
- (a) Policy- Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop guidance
for commanders of military installations inside the United States on
planning measures to minimize the effects in the event of a disruption
of services by a utility that sells natural gas, water, or electric
energy to a military installation in the United States.
(b) Installation Plans- The guidance developed pursuant to subsection (a) shall require that, subject to such exceptions as the Secretary may determine to be appropriate, commanders of military installations inside the United States develop appropriate action plans to minimize the effects of events described in subsection (a).
(c) Comptroller General Report- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall review the actions taken pursuant to this section and submit to Congress a report on the guidance developed pursuant to subsection (a), the plans developed pursuant to subsection (b), and any additional measures that may be needed to minimize the effects of an unplanned disruption of services by utilities as described in subsection (a).
SEC. 346. ELIGIBILITY OF ACTIVE AND RESERVE MEMBERS, RETIREES, GRAY AREA RETIREES, AND DEPENDENTS FOR SPACE-AVAILABLE TRAVEL ON MILITARY AIRCRAFT.
- (a) In General- Chapter 157 of title 10, United States Code, is
amended by inserting after section 2641b the following new section:
‘Sec. 2641c. Space-available travel on department of defense aircraft: eligibility
‘(a) Authority To Establish Benefit Program- The Secretary of Defense may establish a program to provide transportation on Department of Defense aircraft on a space-available basis. The program shall be conducted in a budget neutral manner.
‘(b) Benefit- If the Secretary establishes such a program, the Secretary shall, subject to section (c), provide the benefit equally to the following individuals:
‘(1) Active duty members and members of the Selected Reserve holding a valid Uniformed Services Identification and Privilege Card.
‘(c) Discretion To Establish Priority Order- The Secretary, in establishing a program under this section, may establish an order of priority that is based on considerations of military needs and military readiness.’.
‘(2) A retired member of an active or reserve component, including retired members of reserve components, who, but for being under the eligibility age applicable to the member under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.
‘(3) An unremarried widow or widower of an active or reserve component member of the armed forces.
‘(4) A dependent that--
‘(A)(i) is the child of an active or reserve component member or former member described in paragraph (1) or (2); or
‘(5) The surviving dependent of a deceased member or former member described in paragraph (2) holding a valid Uniformed Services Identification and Privilege Card, if the dependent is accompanying the member or, in the case of a deceased member, is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member.
‘(ii) is the child of a deceased member entitled to retired pay holding a valid Uniformed Services Identification and Privilege Card and a surviving unremarried spouse; and
‘(B) is accompanying the member or, in the case of a deceased member, is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member.
‘(6) Other such individuals as determined by the Secretary in the Secretary’s discretion.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641b the following new item:
‘2641c. Space-available travel on Department of Defense aircraft: eligibility.’.
(c) Requirement for Comptroller General Review-
(1) IN GENERAL- The Comptroller General of the United States shall conduct a review of the Department of Defense system for space-available travel. The review shall determine the capacity of the system presently and as projected in the future and shall examine the efficiency and usage of space-available travel.
(2) ELEMENTS- The review required under paragraph (1) shall include the following elements:
(A) A discussion of the efficiency of the system and data regarding usage of available space by category of passengers under existing regulations.
(B) Estimates of the effect on availability based on future projections.
(C) A discussion of the logistical and managements problems, including congestion at terminals, waiting times, lodging availability, and personal hardships currently experienced by travelers.
(D) An evaluation of the cost of the system and whether space-available travel is and can remain cost-neutral.
(E) Other factors relating to the efficiency and cost effectiveness of space available travel.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
- The Armed Forces are authorized strengths for active duty personnel as of September 30, 2012, as follows:
- (1) The Army, 562,000.
(2) The Navy, 325,700.
(3) The Marine Corps, 202,100.
(4) The Air Force, 332,800.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
- (a) In General- The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2012, as follows:
- (1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,200.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 71,400.
(7) The Coast Guard Reserve, 10,000.
- (1) the total authorized strength
of units organized to serve as units of the Selected Reserve of such
component which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
- Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of September
30, 2012, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
- (1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,688.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,584.
(6) The Air Force Reserve, 2,992.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
- The minimum number of military technicians (dual status) as of
the last day of fiscal year 2012 for the reserve components of the Army
and the Air Force (notwithstanding section 129 of title 10, United
States Code) shall be the following:
- (1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States, 27,210.
(3) For the Air Force Reserve, 10,720.
(4) For the Air National Guard of the United States, 22,394.
SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
- (a) Limitations-
- (1) NATIONAL GUARD- Within the
limitation provided in section 10217(c)(2) of title 10, United States
Code, the number of non-dual status technicians employed by the National
Guard as of September 30, 2012, may not exceed the following:
- (A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2012, may not exceed 90.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
- During fiscal year 2012, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
- (1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
- (a) Authorization of Appropriations- There is hereby authorized
to be appropriated for military personnel for fiscal year 2012 a total
of $142,347,648,000.
(b) Construction of Authorization- The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2012.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON ACTIVE DUTY.
- Section 523(a)(1) of title 10, United States Code, is amended by
striking those parts of the table pertaining to the Marine Corps and
inserting the following:
---------------------------------
---------------------------------
‘Marine Corps:
10,000 2,802 1,615 633
12,500 3,247 1,768 658
15,000 3,691 1,922 684
17,500 4,135 2,076 710
20,000 4,579 2,230 736
22,500 5,024 2,383 762
25,000 5,468 2,537 787’.
---------------------------------
SEC. 502. VOLUNTARY RETIREMENT INCENTIVE.
- (a) In General- Chapter 36 of title 10, United States Code, is
amended by inserting after section 638a the following new section:
‘Sec. 638b. Voluntary retirement incentive
‘(a) Incentive for Voluntary Retirement for Certain Officers- The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (b) as being eligible for such a payment. Any such authority provided the Secretary of a military department under the preceding sentence shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.
‘(b) Eligible Officers- (1) Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer--
‘(A) has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;
‘(2) The following officers are not eligible for a voluntary retirement incentive payment under this section:
‘(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 3911, 6323, or 8911 of this title, as applicable to that officer;
‘(C) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;
‘(D) on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and
‘(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof.
‘(A) An officer being evaluated for disability under chapter 61 of this title.
‘(c) Amount of Payment- The amount of the voluntary retirement incentive payment paid an officer under this section shall be an amount determined by the Secretary concerned, but not to exceed an amount equal to 12 times the amount of the officer’s monthly basic pay at the time of the officer’s retirement. The amount may be paid in a lump sum at the time of retirement.
‘(B) An officer projected to be retired under section 1201 or 1204 of this title.
‘(C) An officer projected to be discharged with disability severance pay under section 1212 of this title.
‘(D) A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.
‘(E) An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.
‘(d) Repayment for Members Who Return to Active Duty- (1) Except as provided in paragraph (2), a member of the armed forces who, after having received all or part of a voluntary retirement incentive under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary retirement incentive received.
‘(2) Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection.
‘(3) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense of Personnel and Readiness.’.
(b) Clerical Amendment- The table of sections at the beginning of subchapter IV of chapter 36 of such title is amended by inserting after the item relating to section 638a the following new item:
‘638b. Voluntary retirement incentive.’.
SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.
- (a) Waiver Authority for Officers Not Designated as Joint
Qualified Officers- Subsection (b) of section 663 of title 10, United
States Code, is amended--
- (1) in paragraph (1), by inserting
after ‘to a joint duty assignment’ the following: ‘(or, as authorized by
the Secretary in an individual case, to a joint assignment other than a
joint duty assignment)’; and
(2) in paragraph (2)--
- (A) by striking ‘the joint duty assignment’ and inserting ‘the assignment’; and
(B) by striking ‘a joint duty assignment’ and inserting ‘such an assignment’.
‘(d) Exception for Officers Graduating From Other-than-in-residence Programs- (1) Subsection (a) does not apply to an officer graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.
‘(2) Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.’.
SEC. 504. MODIFICATION OF DEFINITION OF ‘JOINT DUTY ASSIGNMENT’ TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT TRAINING AND EDUCATION.
- Section 668(b)(1)(B) of title 10, United States Code, is amended
by striking ‘assignments for joint’ and all that follows through ‘Phase
II’ and inserting ‘student assignments for joint training and
education’.
Subtitle B--Reserve Component Management
SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF MEMBERS OF THE SELECTED RESERVE AND CERTAIN MEMBERS OF THE INDIVIDUAL READY RESERVE FOR PREPLANNED MISSIONS.
- (a) Authority-
- (1) IN GENERAL- Chapter 1209 of title
10, United States Code, is amended by inserting after section 12304 the
following new section:
‘Sec. 12304a. Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions
‘(a) Authority- When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission, the Secretary may, subject to subsection (b), order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve (as defined in section 10143(a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary, under the jurisdiction of the Secretary, without the consent of the members, to active duty for not more than 365 consecutive days.
‘(b) Limitations- (1) Units or members may be ordered to active duty under this section only if--
‘(A) the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units or members are anticipated to be ordered to active duty; and
‘(2) Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time.
‘(B) the budget information on such costs includes a description of the mission for which such units or members are anticipated to be ordered to active duty and the anticipated length of time of the order of such units or members to active duty on an involuntary basis.
‘(c) Exclusion From Strength Limitations- Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or total number of members in grade under this title or any other law.
‘(d) Notice to Congress- Whenever the Secretary of a military department orders any unit or member of the Selected Reserve or Individual Ready Reserve to active duty under subsection (a), such Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of such units or members.
‘(e) Termination of Duty- Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under subsection (a), the service of all units or members so ordered to active duty may be terminated by--
‘(1) order of the Secretary of the military department concerned, or
‘(f) Relationship to War Powers Resolution- Nothing contained in this section shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).
‘(2) law.
‘(g) Considerations for Involuntary Order to Active Duty- In determining which members of the Selected Reserve and the Individual Ready Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to--
‘(1) the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;
‘(h) Policies and Procedures- The Secretaries of the military departments shall prescribe policies and procedures to carry out this section, including on determinations of orders to active duty under subsection (g). Such policies and procedures shall not go into effect until approved by the Secretary of Defense.
‘(2) the frequency of assignments during service career;
‘(3) family responsibilities; and
‘(4) employment necessary to maintain the national health, safety, or interest.
‘(i) Definitions- In this section:
‘(1) The term ‘defense budget materials’ has the meaning given that term in section 231(d)(2) of this title.
(b) Clarifying Amendments Relating to Authority To Order Active Duty Other Than During War or National Emergency- Section 12304(a) of such title is amended--
‘(2) The term ‘Individual Ready Reserve mobilization category’ means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1209 of such title is amended by inserting after the item relating to section 12304 the following new item:
‘12304a. Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions.’.
(1) by inserting ‘named’ before ‘operational mission’; and
(2) by striking ‘365 days’ and inserting ‘365 consecutive days’.
SEC. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION FOR CERTAIN RESERVE OFFICERS EMPLOYED AS MILITARY TECHNICIANS (DUAL STATUS).
- Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:
‘(i) Certain Reserve Officers- A reserve officer who is employed as military technician (dual status) under section 10216 of this title, and who has been retained beyond the mandatory removal date for years of service under section 10216(f) or 14702(a)(2) of this title, is not eligible for consideration for promotion by a mandatory promotion board convened under section 14101(a) of this title.’.
SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST BE PROVIDED TO RESERVE COMPONENT MEMBERS BEING DEMOBILIZED.
- Section 1142(a)(3)(B) of title 10, United States Code, is amended
by inserting ‘or in the event a member of a reserve component is being
demobilized under circumstances in which (as determined by the Secretary
concerned) operational requirements make the 90-day requirement under
subparagraph (A) unfeasible,’ after ‘or separation date,’.
SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A DISTINCT PERSONNEL MANAGEMENT CATEGORY.
- (a) Independent Study Required- The Secretary of Defense shall
conduct an independent study of the feasibility and advisability of
terminating the military technician as a distinct personnel management
category of the Department of Defense.
(b) Elements- In conducting the study required by subsection (a), the Secretary shall--
- (1)
identify various options for deploying units of the Selected Reserve of
the Ready Reserve that otherwise use military technicians through use
of a combination of active duty personnel, reserve component personnel,
State civilian employees, and Federal civilian employees in a manner
that meets mission requirements without harming unit readiness;
(2) identify various means for the management by the Department of the transition of military technicians to a system that relies on traditional personnel categories of active duty personnel, reserve component personnel, and civilian personnel, and for the management of any effects of that transition on the pay and benefits of current military technicians (including means for mitigating or avoiding such effects in the course of such transition);
(3) determine whether military technicians who are employed at the commencement of the transition described in paragraph (2) should remain as technicians, whether with or without a military status, until separation or retirement, rather than transitioned to such a traditional personnel category;
(4) identify and take into account the unique needs of the National Guard in the management and use of military technicians;
(5) determine potential cost savings, if any, to be achieved as a result of the transition described in paragraph (2), including savings in long-term mandatory entitlement costs associated with military and civil service retirement obligations;
(6) develop a recommendation on the feasibility and advisability of terminating the military technician as a distinct personnel management category, and, if the termination is determined to be feasible and advisable, develop recommendations for appropriate legislative and administrative action to implement the termination;
(7) address any other matter relating to the management and long-term viability of the military technician as a distinct personnel management category that the Secretary shall specify for purposes of the study; and
(8) ensure the involvement and input of military technicians (dual status).
SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY.
- (a) Authority-
- (1) IN GENERAL- Chapter 1209 of title
10, United States Code, as amended by section 511(a)(1), is further
amended by inserting after section 12304a the following new section:
‘Sec. 12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency
‘(a) Authority- When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor’s request.
‘(b) Exclusion From Strength Limitations- Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law.
‘(c) Termination of Duty- Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.’.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter, as amended by section 511(a)(2), is further amended by inserting after the item relating to section 12304a the following new item:
(b) Treatment of Operations as Contingency Operations- Section 101(a)(13)(B) of such title is amended by inserting ‘12304b,’ after ‘12304,’.
‘12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency.’.
(c) Usual and Customary Arrangement-
(1) DUAL-STATUS COMMANDER- When the Armed Forces and the National Guard are employed simultaneously in support of civil authorities in the United States, appointment of a commissioned officer as a dual-status commander serving on active duty and duty in, or with, the National Guard of a State under sections 315 or 325 of title 32, United States Code, as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities, should be the usual and customary command and control arrangement, including for missions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain of command for the Armed Forces shall remain in accordance with sections 162(b) and 164(c) of title 10, United States Code.
(2) STATE AUTHORITIES SUPPORTED- When a major disaster or emergency occurs in any area subject to the laws of any State, Territory, or the District of Columbia, the Governor of the State affected normally should be the principal civil authority supported by the primary Federal agency and its supporting Federal entities, and the Adjutant General of the State or his or her subordinate designee normally should be the principal military authority supported by the dual-status commander when acting in his or her State capacity.
(3) RULE OF CONSTRUCTION- Nothing in paragraphs (1) or (2) shall be construed to preclude or limit, in any way, the authorities of the President, the Secretary of Defense, or the Governor of any State to direct, control, and prescribe command and control arrangements for forces under their command.
Subtitle C--General Service Authorities
SEC. 521. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.
- (a) Repeal- Section 436 of title 37, United States Code, is repealed.
(b) Clerical Amendment- The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.
SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS FOR UNSUITABILITY BASED ON THE SAME MEDICAL CONDITION FOR WHICH THEY WERE DETERMINED TO BE FIT FOR DUTY.
- (a) Prohibition- Subsection (a) of section 1214a of title 10,
United States Code, is amended by inserting ‘, or deny reenlistment of
the member,’ after ‘a member described in subsection (b)’.
(b) Conforming Amendment- Subsection (c)(3) of such section is amended by inserting ‘or denial of reenlistment’ after ‘to warrant administrative separation’.
(c) Clerical Amendments-
- (1) HEADING AMENDMENT- The heading of such section is amended to read as follows:
‘Sec. 1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation’.
- (2) TABLE OF SECTIONS- The table of sections at
the beginning of chapter 61 of such title is amended by striking the
item relating to section 1214a and inserting the following new item:
‘1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation.’.
SEC. 523. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY DISCHARGE AUTHORITY.
- Section 1171 of title 10, United States Code, is amended by striking ‘within three months’ and inserting ‘within one year’.
SEC. 524. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS.
- Section 1175a(k)(1) of title 10, United States Code, is amended
by striking ‘December 31, 2012’ and inserting ‘December 31, 2018’.
SEC. 525. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY WHO ARE TRANSITIONING TO CIVILIAN LIFE.
- Section 1143 of title 10, United States Code, is amended by adding at the end the following new subsection:
‘(e) Employment Skills Training- (1) The Secretary of a military department may carry out one or more programs to provide eligible members of the armed forces under the jurisdiction of the Secretary with job training and employment skills training to help prepare such members for employment in the civilian sector.
‘(2) A member of the armed forces is an eligible member for purposes of a program under this subsection if the member--
‘(A) has completed at least 180 days on active duty in the armed forces; and
‘(3) Any program under this subsection shall be carried out in accordance with regulations prescribed by the Secretary of Defense.’.
‘(B) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program.
SEC. 526. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF SECONDARY SCHOOLS.
- (a) Equal Treatment for Secondary School Graduates-
- (1)
EQUAL TREATMENT- For the purposes of recruitment and enlistment in the
Armed Forces, the Secretary of a military department shall treat a
graduate described in paragraph (2) in the same manner as a graduate of a
secondary school (as defined in section 9101(38) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(38)).
(2) COVERED GRADUATES- Paragraph (1) applies with respect to a person who--
- (A) receives a diploma from a secondary school that is legally operating; or
(B) otherwise completes a program of secondary education in compliance with the education laws of the State in which the person resides.
- (1) Means for identifying persons described in
subsection (a)(2) who are qualified for recruitment and enlistment in
the Armed Forces, which may include the use of a noncognitive aptitude
test, adaptive personality assessment, or other operational attrition
screening tool to predict performance, behaviors, and attitudes of
potential recruits that influence attrition and the ability to adapt to a
regimented life in the Armed Forces.
(2) Means for assessing how qualified persons fulfill their enlistment obligation.
(3) Means for maintaining data, by each diploma source, which can be used to analyze attrition rates among qualified persons.
(d) Communication Plan- The Secretary of each of the military departments shall develop a communication plan to ensure that the policy and recruitment plan are understood by military recruiters.
SEC. 527. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH RESPECT TO THE PERFORMANCE OF MARRIAGES.
- A military chaplain who, as a matter of conscience or moral
principle, does not wish to perform a marriage may not be required to do
so.
Subtitle D--Education and Training
SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY EDUCATION.
- (a) Authority To Credit Military Graduates of the National
Defense Intelligence College With Completion of Joint Professional
Military Education Phase I-
- (1) JOINT PROFESSIONAL MILITARY
EDUCATION PHASE I- Section 2154(a)(1) of title 10, United States Code,
is amended by inserting ‘or at a joint intermediate level school’ before
the period at the end.
(2) JOINT INTERMEDIATE LEVEL SCHOOL DEFINED- Section 2151(b) of such title is amended by adding at the end the following new paragraph:
‘(3) The term ‘joint intermediate level school’ includes the National Defense Intelligence College.’.
- (1) IN GENERAL- Section 2154(a)(2) of such title is amended--
- (A) in the matter preceding subparagraph (A), by striking ‘in residence at’;
(B) in subparagraph (A), by inserting ‘by’ after ‘(A)’; and
(C) in subparagraph (B), by inserting ‘in residence at’ after ‘(B)’.
SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.
- (a) Medical Students of USUHS- Section 2114(b) of title 10, United States Code, is amended--
- (1)
in paragraph (1), by striking the second sentence and inserting the
following new sentences: ‘Each medical student shall be appointed as a
regular officer in the grade of second lieutenant or ensign. An officer
so appointed may, upon meeting such criteria for promotion as may be
prescribed by the Secretary concerned, be appointed in the regular grade
of first lieutenant or lieutenant (junior grade). Medical students
commissioned under this section shall serve on active duty in their
respective grades.’; and
(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’.
- (1)
in paragraph (1), by striking the second sentence and inserting the
following new sentences: ‘Each person so commissioned shall be appointed
as a reserve officer in the grade of second lieutenant or ensign. An
officer so appointed may, upon meeting such criteria for promotion as
may be prescribed by the Secretary concerned, be appointed in the
reserve grade of first lieutenant or lieutenant (junior grade). Medical
students commissioned under this section shall serve on active duty in
their respective grades for a period of 45 days during each year of
participation in the program.’; and
(2) in paragraph (2), by striking ‘grade of second lieutenant or ensign’ and inserting ‘grade in which the member is serving under paragraph (1)’.
- (1)
in the subsection heading, by striking ‘Appointment and Treatment of
Prior Active Service’ and inserting ‘Service on Active Duty’; and
(2) by striking paragraph (1) and inserting the following new paragraph (1):
‘(1) A commissioned officer detailed under subsection (a) shall serve on active duty, subject to the limitations on grade specified in section 2114(b)(1) of this title and with the entitlement to basic pay as specified in section 2114(b)(2) of this title.’.
SEC. 543. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.
- (a) Reserve Component Mental Health Student Stipend- Section 16201 of title 10, United States Code, is amended--
- (1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection (f):
‘(f) Mental Health Professionals in Critical Wartime Specialties- (1) Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who--(b) Conforming Amendments- Such section is further amended--
‘(A) is eligible to be appointed as an officer in a reserve component;
‘(2) Under the agreement--
‘(B) is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in clinical psychology or social work;
‘(C) signs an agreement that, unless sooner separated, the person will--
‘(i) complete the educational phase of the program;
‘(D) if required by regulations prescribed by the Secretary of Defense, agrees to apply for, if eligible, and accept, if offered, residency training in a health profession skill that has been designated by the Secretary as a critically needed wartime skill.
‘(ii) accept a reappointment or redesignation within the person’s reserve component, if tendered, based upon the person’s health profession, following satisfactory completion of the educational and intern programs; and
‘(iii) participate in a residency program if required for clinical licensure; and
‘(A) the Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in clinical psychology or social work while enrolled in a school accredited in the designated mental health discipline;
‘(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as an officer for service in the Ready Reserve;
‘(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and
‘(D) the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement.’.
- (1) in subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A), by striking ‘subsection (f)’ and inserting ‘subsection (g)’; and
(2) in subsection (g), as redesignated by subsection (a)(1) of this section, by striking ‘subsection (b) or (c)’ and inserting ‘subsection (b), (c), or (f)’.
SEC. 544. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR INJURED FORMER OR RETIRED ENLISTED MEMBERS OF THE ARMED FORCES IN ASSOCIATE DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE AIR FORCE IN ORDER TO COMPLETE DEGREE PROGRAM.
- (a) In General- Section 9315 of title 10, United States Code, is amended--
- (1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
‘(c) Seriously Wounded, Ill, or Injured Former and Retired Enlisted Members- (1) The Secretary of the Air Force may authorize participation in a program of higher education under subsection (a)(1) by a person who is a former or retired enlisted member of the armed forces who at the time of the person’s separation from active duty--(b) Conforming Amendments- Subsection (d) of such section, as redesignated by subsection (a)(1), is amended by striking ‘enlisted member’ both places it appears and inserting ‘person’.
‘(A) had commenced but had not completed a program of higher education under subsection (a)(1); and
‘(2) A person may not be authorized under paragraph (1) to participate in a program of higher education after the end of the 10-year period beginning on the date of the person’s separation from active duty.’.
‘(B) is categorized by the Secretary concerned as seriously wounded, ill, or injured.
(c) Effective Date- Subsection (c) of section 9315 of title 10, United States Code (as added by subsection (a)(2)), shall apply to persons covered by paragraph (1) of such subsection who are categorized by the Secretary concerned as seriously wounded, ill, or injured after September 11, 2001. With respect to any such person who is separated from active duty during the period beginning on September 12, 2001, and ending on the date of the enactment of this Act, the 10-year period specified in paragraph (2) of such subsection shall be deemed to commence on the date of the enactment of this Act.
SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE ARMS, TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS NOT MAINTAINING UNITS OF JUNIOR ROTC.
- (a) Consolidation- Chapter 152 of title 10, United States Code,
is amended by inserting after section 2552 the following new section:
‘Sec. 2552a. Arms, tentage, and equipment: educational institutions not maintaining units of Junior R.O.T.C.
‘The Secretary of a military department may issue arms, tentage, and equipment to an educational institution at which no unit of the Junior Reserve Officers’ Training Corps is maintained if the educational institution--
‘(1) offers a course in military training prescribed by that Secretary; and
(b) Conforming Repeals- Sections 4651, 7911, and 9651 of such title are repealed.
‘(2) has a student body of at least 100 physically fit students over 14 years of age.’.
(c) Clerical Amendments-
(1) The table of sections at the beginning of chapter 152 of such title is amended by inserting after the item relating to section 2552 the following new item:
‘2552a. Arms, tentage, and equipment: educational institutions not maintaining units of Junior R.O.T.C.’.
(2) The table of sections at the beginning of chapter 441 of such title is amended by striking the item relating to section 4651.
(3) The table of sections at the beginning of chapter 667 of such title is amended by striking the item relating to section 7911.
(4) The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9651.
SEC. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO THE MILITARY SERVICE ACADEMIES.
- (a) Waiver for Certain Enlisted Members- The Secretary of the
military department concerned may waive the maximum age limitation
specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10, United
States Code, for the admission of an enlisted member of the Armed
Forces to the United States Military Academy, the United States Naval
Academy, or the United States Air Force Academy if the member--
- (1) satisfies the eligibility requirements for admission to that academy (other than the maximum age limitation); and
(2) was or is prevented from being admitted to a military service academy before the member reached the maximum age specified in such sections as a result of service on active duty in a theater of operations for Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn.
(c) Limitation on Number Admitted Using Waiver- Not more than five candidates may be admitted to each of the military service academies for an academic year pursuant to a waiver granted under this section.
(d) Record Keeping Requirement- The Secretary of each military department shall maintain records on the number of graduates of the military service academy under the jurisdiction of the Secretary who are admitted pursuant to a waiver granted under this section and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation. The Secretary shall compare their retention rate to the retention rate of graduates of that academy generally.
(e) Reports- Not later than April 1, 2016, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying--
- (1) the number of applications for waivers received by the Secretary under this section;
(2) the number of waivers granted by the Secretary under this section;
(3) the number of candidates actually admitted to the military service academy under the jurisdiction of the Secretary pursuant to a waiver granted by the Secretary under this section; and
(4) beginning with the class of 2009, the number of graduates of the military service academy under the jurisdiction of the Secretary who, before admission to that academy, were enlisted members of the Armed Forces and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation.
SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING FOR SKILLS REQUIRED FOR MILITARY OCCUPATIONAL SPECIALTIES.
- (a) Pilot Program Required- Commencing not later than nine months
after the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program to assess the feasibility and
advisability of permitting enlisted members of the Armed Forces to
obtain civilian credentialing or licensing for skills required for
military occupational specialties (MOS) or qualification for duty
specialty codes.
(b) Elements- In carrying out the pilot program, the Secretary shall--
- (1)
designate not less than three or more than five military occupational
specialities or duty speciality codes for coverage under the pilot
program; and
(2) permit enlisted members of the Armed Forces to obtain the credentials or licenses required for the specialities or codes so designated through civilian credentialing or licensing entities, institutions, or bodies selected by the Secretary for purposes of the pilot program, whether concurrently with military training, at the completion of military training, or both.
- (1) The number of enlisted members who participated in the pilot program.
(2) A description of the costs incurred by the Department of Defense in connection with the receipt by members of credentialing or licensing under the pilot program.
(3) A comparison the cost associated with receipt by members of credentialing or licensing under the pilot program with the cost of receipt of similar credentialing or licensing by recently-discharged veterans of the Armed Forces under programs currently operated by the Department of Veterans Affairs and the Department of Labor.
(4) The recommendation of the Secretary as to the feasibility and advisability of expanding the pilot program to additional military occupational specialties or duty specialty codes, and, if such expansion is considered feasible and advisable, a list of the military occupational specialties and duty specialty codes recommended for inclusion the expansion.
Subtitle E--Military Justice and Legal Matters Generally
SEC. 551. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
- (a) Rape and Sexual Assault Generally- Section 920 of title 10,
United States Code (article 120 of the Uniform Code of Military
Justice), is amended as follows:
- (1) REVISED OFFENSE OF RAPE- Subsection (a) is amended to read as follows:
‘(a) Rape- Any person subject to this chapter who commits a sexual act upon another person by--is guilty of rape and shall be punished as a court-martial may direct.’.
‘(1) using unlawful force against that other person;
‘(2) using force causing or likely to cause death or grievous bodily harm to any person;
‘(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
‘(4) first rendering that other person unconscious; or
‘(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
- (2)
REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED BY NEW ARTICLE 120b-
Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.
(3) REVISED OFFENSE OF SEXUAL ASSAULT- Subsection (c) is redesignated as subsection (b) and is amended to read as follows:
‘(b) Sexual Assault- Any person subject to this chapter who--is guilty of sexual assault and shall be punished as a court-martial may direct.’.
‘(1) commits a sexual act upon another person by--
‘(A) threatening or placing that other person in fear;
‘(2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
‘(B) causing bodily harm to that other person;
‘(C) making a fraudulent representation that the sexual act serves a professional purpose; or
‘(D) inducing a belief by any artifice, pretense, or concealment that the person is another person;
‘(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to--
‘(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
‘(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
- (4) AGGRAVATED SEXUAL CONTACT- Subsection (e) is redesignated as subsection (c) and is amended--
- (A) by striking ‘engages in’ and inserting ‘commits’; and
(B) by striking ‘with’ and inserting ‘upon’.
- (A) by striking ‘engages in’ and inserting ‘commits’;
(B) by striking ‘with’ and inserting ‘upon’; and
(C) by striking ‘subsection (c) (aggravated sexual assault)’ and inserting ‘subsection (b) (sexual assault)’.
(7) PROOF OF THREAT- Subsection (p) is redesignated as subsection (e) and is amended--
- (A) by striking ‘the accused made’ and inserting ‘a person made’;
(B) by striking ‘the accused actually’ and inserting ‘the person actually’; and
(C) by inserting before the period at the end the following: ‘or had the ability to carry out the threat’.
‘(f) Defenses- An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.’.
- (9) PROVISIONS RELATING TO AFFIRMATIVE DEFENSES- Subsections (r) and (s) are repealed.
(10) DEFINITIONS- Subsection (t) is redesignated as subsection (g) and is amended--
- (A) in paragraph (1)--
- (i) in subparagraph (A), by inserting ‘or anus or mouth’ after ‘vulva’; and
(ii) in subparagraph (B)--
- (I) by striking ‘genital opening’ and inserting ‘vulva or anus or mouth,’; and
(II) by striking ‘a hand or finger’ and inserting ‘any part of the body’;
‘(2) SEXUAL CONTACT- The term ‘sexual contact’ means--Touching may be accomplished by any part of the body.’.
‘(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
‘(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.
- (C) by striking paragraph (4) and redesignating paragraph (3) as paragraph (4);
(D) by redesignating paragraph (8) as paragraph (3), transferring that paragraph so as to appear after paragraph (2), and amending that paragraph by inserting before the period at the end the following: ‘, including any nonconsensual sexual act or nonconsensual sexual contact’;
(E) in paragraph (4), as redesignated by subparagraph (C), by striking the last sentence;
(F) by striking paragraphs (5) and (7);
(G) by redesignating paragraph (6) as paragraph (7);
(H) by inserting after paragraph (4), as redesignated by subparagraph (C), the following new paragraphs (5) and (6):
‘(5) FORCE- The term ‘force’ means--
‘(A) the use of a weapon;
‘(6) UNLAWFUL FORCE- The term ‘unlawful force’ means an act of force done without legal justification or excuse.’;
‘(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or
‘(C) inflicting physical harm sufficient to coerce or compel submission by the victim.
- (I) in paragraph (7), as redesignated by subparagraph (G)--
- (i) by striking ‘under paragraph (3)’ and all that follows through ‘contact),’; and
(ii) by striking ‘death, grievous bodily harm, or kidnapping’ and inserting ‘the wrongful action contemplated by the communication or action.’;
(K) by redesignating paragraph (14) as paragraph (8) and in that paragraph--
- (i) by inserting ‘(A)’ before ‘The term’;
(ii) by striking ‘words or overt acts indicating’ and ‘sexual’ in the first sentence;
(iii) by striking ‘accused’s’ in the third sentence;
(iv) by inserting ‘or social or sexual’ before ‘relationship’ in the fourth sentence;
(v) by striking ‘sexual’ before ‘conduct’ in the fourth sentence;
(vi) by striking ‘A person cannot consent’ and all that follows through the period; and
(vii) by adding at the end the following new subparagraphs:
‘(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).(L) by striking paragraphs (15) and (16).
‘(C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.’; and
‘Sec. 920. Art. 120. Rape and sexual assault generally’.
- (b) Rape and Sexual Assault of a Child- Chapter 47
of such title (the Uniform Code of Military Justice) is amended by
inserting after section 920a (article 120a), as amended by subsection
(a), the following new section (article):
‘Sec. 920b. Art. 120b. Rape and sexual assault of a child
‘(a) Rape of a Child- Any person subject to this chapter who--
‘(1) commits a sexual act upon a child who has not attained the age of 12 years; or
is guilty of rape of a child and shall be punished as a court-martial may direct.
‘(2) commits a sexual act upon a child who has attained the age of 12 years by--
‘(A) using force against any person;
‘(B) threatening or placing that child in fear;
‘(C) rendering that child unconscious; or
‘(D) administering to that child a drug, intoxicant, or other similar substance;
‘(b) Sexual Assault of a Child- Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.
‘(c) Sexual Abuse of a Child- Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.
‘(d) Age of Child-
‘(1) UNDER 12 YEARS- In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.
‘(e) Proof of Threat- In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
‘(2) UNDER 16 YEARS- In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.
‘(f) Marriage- In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.
‘(g) Consent- Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.
‘(h) Definitions- In this section:
‘(1) SEXUAL ACT AND SEXUAL CONTACT- The terms ‘sexual act’ and ‘sexual contact’ have the meanings given those terms in section 920(g) of this title (article 120(g)).
(c) Other Sexual Misconduct- Such chapter (the Uniform Code of Military Justice) is further amended by inserting after section 920b (article 120b), as added by subsection (b), the following new section:
‘(2) FORCE- The term ‘force’ means--
‘(A) the use of a weapon;
In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.
‘(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or
‘(C) inflicting physical harm.
‘(3) THREATENING OR PLACING THAT CHILD IN FEAR- The term ‘threatening or placing that child in fear’ means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.
‘(4) CHILD- The term ‘child’ means any person who has not attained the age of 16 years.
‘(5) LEWD ACT- The term ‘lewd act’ means--
‘(A) any sexual contact with a child;
‘(B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;
‘(C) intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or
‘(D) any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.’.
‘Sec. 920c. Art. 120c. Other sexual misconduct
‘(a) Indecent Viewing, Visual Recording, or Broadcasting- Any person subject to this chapter who, without legal justification or lawful authorization--
‘(1) knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;
is guilty of an offense under this section and shall be punished as a court-martial may direct.
‘(2) knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or
‘(3) knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2);
‘(b) Forcible Pandering- Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
‘(c) Indecent Exposure- Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.
‘(d) Definitions- In this section:
‘(1) ACT OF PROSTITUTION- The term ‘act of prostitution’ means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person.
(d) Repeal of Sodomy Article- Section 925 of such title (article 125 of the Uniform Code of Military Justice) is repealed.
‘(2) PRIVATE AREA- The term ‘private area’ means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
‘(3) REASONABLE EXPECTATION OF PRIVACY- The term ‘under circumstances in which that other person has a reasonable expectation of privacy’ means--
‘(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; or
‘(4) BROADCAST- The term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
‘(B) circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
‘(5) DISTRIBUTE- The term ‘distribute’ means delivering to the actual or constructive possession of another, including transmission by electronic means.
‘(6) INDECENT MANNER- The term ‘indecent manner’ means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.’.
(e) Conforming Amendments- Chapter 47 of such title (the Uniform Code of Military Justice) is further amended as follows:
(1) STATUTE OF LIMITATIONS- Subparagraph (B) of section 843(b)(2) (article 43(b)(2)) is amended--
(f) Clerical Amendments- The table of sections at the beginning of subchapter X of such chapter (the Uniform Code of Military Justice) is amended--
(A) in clause (i), by striking ‘section 920 of this title (article 120)’ and inserting ‘section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c)’;
(2) MURDER- Paragraph (4) of section 918 (article 118) is amended--
(B) by striking clause (iii); and
(C) in clause (v)--
(i) by striking ‘indecent assault’;
(ii) by striking ‘rape, or sodomy,’ and inserting ‘or rape,’; and
(iii) by striking ‘or liberties with a child’.
(A) by striking ‘sodomy,’; and
(B) by striking ‘aggravated sexual assault,’ and all that follows through ‘with a child,’ and inserting ‘sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,’.
(1) by striking the items relating to sections 920 and 920a (articles 120 and 120a) and inserting the following new items:
(g) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to offenses committed on or after such date.
‘920. 120. Rape and sexual assault generally.
‘920a. 120a. Stalking.
‘920b. 120b. Rape and sexual assault of a child.
‘920c. 120c. Other sexual misconduct.’;
and
(2) by striking the item relating to section 925 (article 125).
SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.
- (a) Subpoena Duces Tecum- Section 847 of title 10, United States
Code (article 47 of the Uniform Code of Military Justice), is amended--
- (1)
in subsection (a)(1), by striking ‘board;’ and inserting ‘board, or has
been duly issued a subpoena duces tecum for an investigation, including
an investigation pursuant to section 832(b) of this title (article
32(b)); and’; and
(2) in subsection (c), by striking ‘or board’ and inserting ‘board, trial counsel, or convening authority’.
- (1) in subsection (a)--
- (A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2); and
(d) Effective Date- The amendments made by subsection (a) shall apply with respect to subpoenas issued after the date of the enactment of this Act.
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