II
112th CONGRESS
1st Session
S. 981
IN THE SENATE OF THE UNITED STATES
May 12, 2011
Mr. Levin (for himself and Mr. McCain) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for fiscal year 2012, and for other purposes.
Short title
This Act may be cited as the
National Defense Authorization Act for
Fiscal Year 2012
.
Organization of Act into divisions; table of contents
Divisions
This Act is organized into two divisions as follows:
Division A
Department of Defense Authorizations.
Division B
Military Construction Authorizations.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A—Department of Defense authorizations
TITLE I—Procurement
Subtitle A—Authorization of appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Joint Improvised Explosive Device Defeat Fund.
Sec. 106. Defense Production Act purchases.
Subtitle B—Army programs
Sec. 111. Multi-year procurement authority for airframes for Army UH–60M/HH–60M helicopters and Navy MH–60R/MH–60S helicopters.
Subtitle C—Navy programs
Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters.
Subtitle D—Air Force programs
Sec. 131. Procurement of Light Attack Armed Reconnaissance aircraft for training foreign militaries and foreign security forces.
TITLE II—Research, development, test, and evaluation
Sec. 201. Authorization of appropriations.
Sec. 202. Repeal of requirement for Technology Transition Initiative.
Sec. 203. Requirement for contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems.
TITLE III—Operation and maintenance
Subtitle A—Authorization of appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B—Environmental provisions
Sec. 311. Payment to EPA of stipulated penalties in connection with Jackson Park Housing Complex, Washington.
Subtitle C—Other matters
Sec. 321. Authority to establish readiness reserve subaccount in the transportation working-capital fund.
Sec. 322. Clarification of the airlift service definitions relative to the Civil Reserve Air Fleet.
Sec. 323. Expansion of use of uniform funding authority to permanent change of station and temporary duty lodging programs operated through nonappropriated fund instrumentalities.
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 authorizations
Subtitle A—Officer personnel policy
Sec. 501. Modification of eligibility for consideration for promotion for certain Reserve officers of the Army employed as Army Reserve military technicians.
Sec. 502. Standardization of grade for certain medical and dental branch chief positions.
Sec. 503. Force management enhancements.
Subtitle B—Reserve component management
Sec. 511. Modification of time in which preseparation counseling must be provided for reserve component members being demobilized.
Sec. 512. Clarification of applicability of authority for deferral of mandatory separation of military technicians (dual status) until age 60.
Sec. 513. Expansion of authority to order Selected Reserve and certain Individual Ready Reserve members to active duty other than during war or national emergency.
Sec. 514. Transformation of the military technician program.
Subtitle C—Education and training
Sec. 521. National Defense University outplacement waiver.
Sec. 522. Revision to definition of joint duty assignment to include all instructor assignments for joint training and education.
Sec. 523. Authority to enroll certain seriously wounded, ill, or injured former or retired enlisted servicemembers in associate degree programs of the Community College of the Air Force in order to complete degree program.
Sec. 524. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC.
Sec. 525. Expansion of authority relating to Phase II of three-phase approach to Joint Professional Military Education.
Subtitle D—Military justice and legal matters
Sec. 531. Procedures for judicial review of certain military personnel decisions.
Sec. 532. Authority to compel production of documentary evidence prior to trial in military justice cases.
Sec. 533. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under Uniform Code of Military Justice.
Subtitle E—Other matters
Sec. 541. Revision to membership of Department of Defense Military Family Readiness Council.
Sec. 542. Inclusion of Northern Mariana Islands as a
Statefor purposes of the Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 543. Specification of the period for which a request for an absentee ballot from an overseas voter is valid.
Sec. 544. Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program.
Sec. 545. Military grooming and appearance standards.
Sec. 546. Repeal of mandatory high-deployment allowance.
Sec. 547. Three-year extension and revision of authorities relating to transition of military dependent students among local educational agencies.
TITLE VI—Compensation and other personnel benefits
Subtitle A—General matters
Sec. 601. One-year extension of certain expiring bonus and special pay authorities.
Sec. 602. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to very remote locations outside the continental United States.
Sec. 603. Travel and transportation allowance for dependent child of member stationed overseas who is attending overseas university, college or similar institution.
Sec. 604. Lodging accommodations for members assigned to duty in connection with commissioning or fitting out of a ship.
Sec. 605. Revision to certain definitions relating to families of servicemembers for purposes of family and medical leave .
Subtitle B—Consolidation and reform of travel and transportation authorities
Sec. 611. Consolidation and reform of travel and transportation authorities of the uniformed services.
Sec. 612. Transition provisions.
TITLE VII—Health care provisions
Sec. 701. Reserve component mental health student stipend.
Sec. 702. Transition enrollment of Uniformed Services Family Health Plan Medicare-eligible retirees to Tricare for Life.
TITLE VIII—Acquisition policy, acquisition management, and related matters
Sec. 801. Revision to law relating to disclosures to litigation support contractors.
Sec. 802. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and increase in cost limitation.
Sec. 803. Increase in dollar thresholds for authorities for acquisition of low-cost interests in land and unspecified minor construction projects for anti-terrorism and force protection purposes.
Sec. 804. Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel.
Sec. 805. Investment threshold increase for contingency operations.
Sec. 806. Limited additional authority for delegation to make determinations that cooperative research and development projects will improve conventional defense capabilities.
Sec. 807. Extension to all contractor employees of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under government contracts.
Sec. 808. Treatment of critical cost growth in major defense acquisition programs when cost growth is primarily due to quantity changes.
Sec. 809. Extension of availability of funds in the Defense Acquisition Workforce Development Fund.
Sec. 810. Authority to designate increments or blocks of space vehicles as major subprograms.
Sec. 811. Special emergency procurement authority.
Sec. 812. Repeal or revision of certain acquisition-related provisions enacted in fiscal year 2011 National Defense Authorization Act.
Sec. 813. Access to contractor and subcontractor records for contracts with foreign entities in support of contingency operations in the United States Central Command area of responsibility.
Sec. 814. Revision to covered programs subject to certification pursuant to sections 2366a and 2366b of title 10, United States Code.
Sec. 815. Five-year extension of Department of Defense Mentor-Protege Pilot Program.
Sec. 816. Restriction on contracting and voiding contracts and subcontracts in support of contingency operations in the United States Central Command theater of operations.
TITLE IX—Department of Defense organization and management
Subtitle A—Intelligence-Related matters
Sec. 901. Appropriations for Defense intelligence elements.
Sec. 902. Authority to credit military graduates of the National Defense Intelligence College with completion of Joint Professional Military Education Phase I.
Sec. 903. Broadening of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions.
Sec. 904. Facilities for intelligence collection or special operations activities abroad.
Subtitle B—Space activities
Sec. 911. Revisions to policy on development and procurement of unmanned systems.
Sec. 912. Commercial space launch cooperation.
TITLE X—General provisions
Sec. 1001. Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function.
Sec. 1002. Revision to conditions on status of retired aircraft carrier ex-John F. Kennedy.
Sec. 1003. Authority to provide information for maritime safety of forces and hydrographic support.
Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements.
Sec. 1005. Repeal of strategic airlift aircraft inventory requirement.
Sec. 1006. Change in name of the Industrial College of the Armed Forces to the Dwight D. Eisenhower School for National Security and Resource Strategy at the National Defense University.
Sec. 1007. Establishment of the Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs.
Sec. 1008. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 1009. Two-year extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia.
Sec. 1010. Two-year extension of authority for joint task forces to provide support to law enforcement agencies conducting counter–terrorism activities.
Sec. 1011. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts.
Sec. 1012. Management of Department of Defense installations.
Sec. 1013. Authority for use of amounts recovered for damage to Government property.
Sec. 1014. Treatment under Freedom of Information Act of certain Department of Defense critical infrastructure information.
Sec. 1015. Exemption from Freedom of Information Act for data files of the Military Flight Operations Quality Assurance systems of the military departments.
Sec. 1016. One-year extension of authority to provide additional support for counter-drug activities of certain foreign governments.
Sec. 1017. Extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.
Sec. 1018. Quadrennial long-term plan for the procurement of aircraft for the Navy and the Air Force.
Sec. 1019. Authorization for Department of Defense to carry out personnel recovery reintegration and post-isolation support activities.
Sec. 1020. Pilot program to provide incremental support to nongovernmental organizations participating in humanitarian and civic assistance activities in the area of operations of United States Southern Command.
TITLE XI—Civilian personnel matters
Sec. 1101. Revisions to beneficiary designation provisions for death gratuity payable upon death of a United States Government employee.
Sec. 1102. Placement of National Guard non-dual status technicians in the excepted service with all dual status National Guard technicians.
Sec. 1103. Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship.
Sec. 1104. Authority of Service Secretaries to employ up to 10 persons without pay.
Sec. 1105. Authority for waiver of recovery of certain payments previously made under Civilian Employees Voluntary Separation Incentive Program.
Sec. 1106. Extension of eligibility to continue Federal employee health benefits for certain former employees of the Department of Defense.
TITLE XII—Matters relating to foreign nations
Sec. 1201. Extension of authority for support of special operations to combat terrorism.
Sec. 1202. One-year extension of Commanders’ Emergency Response Program and extension of due date for quarterly reports to Congress.
Sec. 1203. Five-year extension of authorization for non-conventional assisted recovery capabilities.
Sec. 1204. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1205. Designation of additional
high incomecountries prohibited from receiving international military education and training grant assistance under chapter 5 of the Foreign Assistance Act.
Sec. 1206. Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.
Sec. 1207. Department of Defense participation in programs relating to multilateral exchange of air and surface transportation capacity.
Sec. 1208. One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.
Sec. 1209. Authorization of appropriations for Afghanistan Security Forces Fund.
Sec. 1210. Temporary acquisition authority with respect to Northern Distribution Network for shipment of supplies to Afghanistan.
Sec. 1211. One-year extension of authority to use funds for reintegration activities in Afghanistan.
Sec. 1212. One-year authority to fund operations and activities of Office of Security Cooperation-Iraq.
Sec. 1213. Expansion of scope of humanitarian demining assistance program to include stockpiled conventional munitions.
Sec. 1214. Establishment of a Global Security Contingency Fund.
Sec. 1215. Authority for the Ministry of Defense Advisors Program.
Sec. 1216. Afghanistan Infrastructure Fund.
Sec. 1217. One-year extension of authority for Task Force for Business and Stability Operations in Afghanistan.
TITLE XIII—Other authorizations
Subtitle A—Military programs
Sec. 1301. Working capital funds.
Sec. 1302. National Defense Sealift Fund.
Sec. 1303. Joint Urgent Operational Needs Fund.
Sec. 1304. Chemical Agents and Munitions Destruction, Defense.
Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1306. Defense Inspector General.
Sec. 1307. Defense Health Program.
Subtitle B—Armed forces retirement home
Sec. 1311. Authorization of appropriations for armed forces retirement home.
TITLE XIV—Authorization of additional appropriations for overseas contingency operations for fiscal year 2012
Sec. 1401. Purpose.
Sec. 1402. Army procurement.
Sec. 1403. Joint Improvised Explosive Device Defeat Fund.
Sec. 1404. Navy and Marine Corps procurement.
Sec. 1405. Air Force procurement.
Sec. 1406. Joint Urgent Operational Needs Fund.
Sec. 1407. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1408. Defense-wide activities procurement.
Sec. 1409. Research, development, test, and evaluation.
Sec. 1410. Operation and maintenance.
Sec. 1411. Military personnel.
Sec. 1412. Working Capital Funds.
Sec. 1413. Defense Health Program.
Sec. 1414. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1415. Defense Inspector General.
TITLE XV—Armed forces retirement home
Sec. 1501. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1502. Annual validation of multiyear accreditation.
Sec. 1503. Clarification of responsibilities and duties of Senior Medical Advisor .
Sec. 1504. Replacement of local boards of trustees for each facility with single Advisory Council.
Sec. 1505. Administrators, ombudsmen, and staff of facilities.
Sec. 1506. Revision to inspection requirements.
Sec. 1507. Repeal of obsolete provisions.
Sec. 1508. Technical, conforming, and clerical amendments.
TITLE XVI—Reduction in department of defense reporting requirements
Subtitle A—Repeal of existing report requirements
Sec. 1601. Repeal of reporting requirements under title 10, United States Code.
Sec. 1602. Repeal of reporting requirements under annual defense authorization Acts.
Sec. 1603. Repeal of reporting requirements under other laws.
Subtitle B—Modifications to existing report requirements
Sec. 1611. Modification to reporting requirements under title 10, United States Code.
Sec. 1612. Modification to reporting requirements under annual defense authorization Acts .
Sec. 1613. Modification to reporting requirements under other laws.
Subtitle C—Other report-related provisions to further efficient management of the department of defense
Sec. 1621. Biennial authority for Secretary of Defense to terminate Department of Defense reporting requirements determined by the Secretary to be unnecessary or incompatible with efficient management of the Department of Defense.
Sec. 1622. Improved management of congressional reporting requirements applicable to Department of Defense.
TITLE XVII—Reduction in department of energy-related reporting requirements
Sec. 1701. Consolidated reporting requirements relating to nuclear stockpile stewardship.
Sec. 1702. Repeal of requirement for annual report on the security vulnerabilities of the computers of certain national laboratories of the Department of Energy.
DIVISION B—Military construction authorizations
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
TITLE XXI—Army military construction
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 2011 projects.
Sec. 2107. Additional authority to carry out certain fiscal year 2012 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008 projects.
Sec. 2109. Extension of authorizations of certain fiscal year 2009 projects.
Sec. 2110. Technical amendments to correct certain project specifications.
TITLE XXII—Navy military construction
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.
TITLE XXIII—Air force military construction
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.
TITLE XXIV—Defense agencies military construction
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.
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 authorization of certain fiscal year 2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects.
TITLE XXVII—Base realignment and closure 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. Authority to extend deadline for completion of limited number of base closure and realignment recommendations.
TITLE XXVIII—Military construction general provisions
Sec. 2801. Clarification of authority to use the Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration activities at the Pentagon Reservation.
Sec. 2802. Increase in dollar threshold for certain authorities relating to unspecified minor construction projects.
Sec. 2803. Enhanced authority for use of operation and maintenance funds for unspecified minor military construction projects in support of Operation Enduring Freedom.
Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.
Department of Defense authorizations
Procurement
Authorization of appropriations
Army
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Army as follows:
For aircraft, $7,061,381,000.
For missiles, $1,478,718,000.
For weapons and tracked combat vehicles, $1,933,512,000.
For ammunition, $1,992,625,000.
For other procurement, $9,682,592,000.
Navy and Marine Corps
Navy
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Navy as follows:
For aircraft, $18,587,033,000.
For weapons, including missiles and torpedoes, $3,408,478,000.
For shipbuilding and conversion, $14,928,921,000.
For other procurement, $6,285,451,000.
Marine Corps
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Marine Corps in the amount of $1,391,602,000.
Navy and Marine Corps Ammunition
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement of ammunition for the Navy and Marine Corps in the amount of $719,952,000.
Air Force
Fiscal year 2012
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Air Force as follows:
For aircraft, $14,082,527,000.
For ammunition, $539,065,000.
For missiles, $6,074,017,000.
For other procurement, $17,602,036,000.
Advance appropriations
In addition to the funds authorized to be appropriated for fiscal year 2012 in subsection (a)(3) that are for procurement of Advanced Extremely High Frequency communications satellites and for certain classified programs, funds, in the form of advance appropriations, are hereby authorized to be appropriated for procurement of missiles for the Air Force in the amount of $3,212,495,000 for full funding of procurement of Advanced Extremely High Frequency communications satellites five and six and for certain classified programs, as follows:
For fiscal year 2013, $803,417,000.
For fiscal year 2014, $699,611,000.
For fiscal year 2015, $634,567,000.
For fiscal year 2016, $358,200,000.
For fiscal year 2017, $716,700,000.
Defense-wide activities
Funds are hereby authorized to be appropriated for fiscal year 2012 for Defense-wide procurement in the amount of $5,365,248,000.
Joint Improvised Explosive Device Defeat Fund
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Joint Improvised Explosive Device Defeat Fund in the amount of $220,634,000.
Defense Production Act purchases
Funds are hereby authorized to be appropriated for fiscal year 2012 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $19,964,000.
Army programs
Multi-year procurement authority for airframes for Army UH–60M/HH–60M helicopters and Navy MH–60R/MH–60S helicopters
Authority for multiyear procurement
Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into a multiyear contract or 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/S helicopters.
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.
Navy programs
Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters
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.
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.
Air Force programs
Procurement of Light Attack Armed Reconnaissance aircraft for training foreign militaries and foreign security forces
The Secretary of the Air Force may acquire Light Attack Armed Reconnaissance (LAAR) aircraft for Air Force inventory to be used in connection with training foreign military and other security forces.
Research, development, test, and evaluation
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 follows:
For the Army, $9,683,980,000.
For the Navy, $17,956,431,000.
For the Air Force, $27,737,701,000.
For Defense-wide activities, $19,755,678,000.
For the Director of Operational Test and Evaluation, $191,292,000.
Repeal of requirement for Technology Transition Initiative
Repeal
Section 2359a of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 139 of such title is amended by striking the item relating to section 2359a.
Requirement for 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—
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
by inserting after subsection (a) the following new subsection (b):
Cost-Sharing
Any contract for the design or development of a system resulting from activities specified 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.
.
Operation and maintenance
Authorization of appropriations
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, in amounts as follows:
For the Army, $34,735,216,000.
For the Navy, $39,364,688,000.
For the Marine Corps, $5,960,437,000.
For the Air Force, $36,195,133,000.
For Defense-wide activities, $30,940,409,000.
For the Army Reserve, $3,109,176,000.
For the Navy Reserve, $1,323,134,000.
For the Marine Corps Reserve, $271,443,000.
For the Air Force Reserve, $3,274,359,000.
For the Army National Guard, $7,041,432,000.
For the Air National Guard, $6,136,280,000.
For the United States Court of Appeals for the Armed Forces, $13,861,000.
For the Department of Defense Acquisition Workforce Development Fund, $734,100,000.
For Environmental Restoration, Army, $346,031,000.
For Environmental Restoration, Navy, $308,668,000.
For Environmental Restoration, Air Force, $525,453,000.
For Environmental Restoration, Defense-wide, $10,716,000.
For Environmental Restoration, Formerly Used Defense Sites, $276,495,000.
For Overseas Humanitarian, Disaster, and Civic Aid programs, $107,662,000.
For Cooperative Threat Reduction programs, $508,219,000.
For the Overseas Contingency Operations Transfer Fund, $5,000,000.
Environmental provisions
Payment to EPA of stipulated penalties in connection with Jackson Park Housing Complex, Washington
Authority To transfer funds
Transfer amount
Using funds described in subsection (b), the Secretary of the Navy may, notwithstanding section 2215 of title 10, United States Code, transfer not more than $45,000.00 to the Hazardous Substance Superfund Jackson Park Housing Complex, Washington special account.
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).
Source of funds
Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(14) for operation and maintenance for Environmental Restoration, Navy.
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.
Other matters
Authority to establish readiness reserve subaccount in the transportation working-capital fund
Section 2208(p) of title 10, United States Code, is amended—
inserting
(1)
before The Secretary of Defense
; and
by adding at the end the following new paragraph:
The Secretary of Defense may establish within the working-capital fund administered by the commander of the United States Transportation Command a subaccount to be known as the readiness reserve subaccount. The Secretary may transfer to, and retain in, that subaccount excess funds received during high-tempo operations in order to fund, to the extent possible, mission-critical catastrophic loss replacement or major repair of transportation assets used to produce revenue for the working-capital fund. The maximum amount that may be maintained in the subaccount is $50,000,000.
The Secretary may use funds in the subaccount—
to repair or replace those assets that the commander of the United States Transportation Command requires to directly fulfill the mission of that command; and
to purchase improvements to distribution infrastructure, excluding military construction, if economically favorable, in amounts not to exceed $10,000,000 per unit.
The subaccount shall be managed so that funds in the subaccount are used to supplement, and not replace, obligations of the military departments for provision of transportation assets.
The Secretary shall provide that, in any case in which funds in the subaccount are used to purchase or pay for a replacement or repair for which funds would otherwise be provided from funds available for one of the armed forces, the otherwise applicable funding source shall reimburse the subaccount.
With the exception of distribution infrastructure, the subaccount may be used only for a repair, replacement, or procurement that is authorized to be carried out by the military department or fund providing the reimbursement for the repair, replacement, or procurement.
The Secretary may use funds in the subaccount for a repair, replacement, or procurement only when a delay in obtaining funds from the military department or fund that would otherwise provide funds for the repair, replacement, or procurement would impair the ability of the commander of the United States Transportation Command to continue mission-critical responsibilities.
The Secretary may use funds in the subaccount to make a purchase in an amount in excess of $10,000,000 only after the Secretary has submitted to the congressional defense committees, not less than 30 days before obligation of funds for the purchase, a written notification of the proposed purchase.
.
Clarification of the airlift service definitions relative to the Civil Reserve Air Fleet
Clarification
Section 41106 of title 49, United States Code, is amended—
by striking
transport category aircraft
in subsections (a)(1), (b), and (c)
and inserting CRAF-eligible aircraft
; and
in subsection (c),
by striking that has aircraft in the civil reserve air fleet
and
inserting referred to in subsection (a)
.
CRAF-Eligible aircraft defined
Such section is further amended by adding at the end the following new subsection:
CRAF-Eligible aircraft defined
In this
section, CRAF-eligible aircraft
means aircraft of a type the
Secretary of Defense has determined to be eligible to participate in the civil
reserve air
fleet.
.
Expansion of use of uniform funding authority to permanent change of station and temporary duty lodging programs operated through nonappropriated fund instrumentalities
Section 2491 of title 10, United States Code, is amended—
in subsection (a),
by inserting and permanent change of station and temporary duty lodging
programs
after morale, welfare, and recreation programs
both places it appears;
in subsection (b),
by inserting or a permanent change of station and temporary duty lodging
program
after morale, welfare, and recreation program
;
and
in subsection
(c)(1), by inserting and permanent change of station and temporary duty
lodging programs
after morale, welfare, and recreation
programs
.
Military personnel authorizations
Active forces
End strengths for active forces
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2012, as follows:
The Army, 562,000.
The Navy, 325,700.
The Marine Corps, 202,100.
The Air Force, 332,800.
Reserve forces
End strengths for Selected Reserve
In general
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2012, as follows:
The Army National Guard of the United States, 358,200.
The Army Reserve, 205,000.
The Navy Reserve, 66,200.
The Marine Corps Reserve, 39,600.
The Air National Guard of the United States, 106,700.
The Air Force Reserve, 71,400.
The Coast Guard Reserve, 10,000.
End strength reductions
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
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
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.
End strength increases
Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
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:
The Army National Guard of the United States, 32,060.
The Army Reserve, 16,261.
The Navy Reserve, 10,337.
The Marine Corps Reserve, 2,261.
The Air National Guard of the United States, 14,833.
The Air Force Reserve, 2,662.
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:
For the Army Reserve, 8,395.
For the Army National Guard of the United States, 27,210.
For the Air Force Reserve, 10,777.
For the Air National Guard of the United States, 22,509.
Fiscal year 2012 limitation on number of non-dual status technicians
Limitations
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:
For the Army National Guard of the United States, 1,600.
For the Air National Guard of the United States, 350.
Army Reserve
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2012, may not exceed 595.
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.
Non-Dual status technicians defined
In this section, the term non-dual
status technician
has the meaning given that term in section 10217(a)
of title 10, United States Code.
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:
The Army National Guard of the United States, 17,000.
The Army Reserve, 13,000.
The Navy Reserve, 6,200.
The Marine Corps Reserve, 3,000.
The Air National Guard of the United States, 16,000.
The Air Force Reserve, 14,000.
Authorization of appropriations
Military personnel
Authorization of appropriations
There is hereby authorized to be appropriated for military personnel for fiscal year 2012 a total of $132,096,541,000.
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.
Military personnel authorizations
Officer personnel policy
Modification of eligibility for consideration for promotion for certain Reserve officers of the Army employed as Army Reserve military technicians
Section 14301 of title 10, United States Code, is amended by inserting after paragraph (h), the following new paragraph:
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 mandatory removal date for years of service under the provisions of either 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.
.
Standardization of grade for certain medical and dental branch chief positions
Army
Chief of nurse corps
Section 3069(b) of title 10, United States Code, is amended
by striking major general
in the second sentence and inserting
brigadier general
.
Deputy and assistant chiefs of branches
Section 3039(b) of such title is
amended by striking major general
in the last sentence and
inserting brigadier general
.
Navy
Chief of dental corps
Section 5138(a) of such title is amended by striking
not below
and inserting in
.
Director of nurse corps
Section 5150(c) of such title is amended—
in the first
sentence, by striking rear admiral
the first place it appears
and all that follows through Service Corps
and inserting
rear admiral (lower half)
; and
by striking the last sentence.
Conforming amendment
Section 526(a)(2) of such title is amended by striking
160
and inserting 161
.
Air Force
Chief of nurse corps
Section 8069(b) of such title is amended by striking
major general
in the second sentence and inserting
brigadier general
.
Assistant surgeon general for dental services
Section 8081 of such title is
amended by striking major general
in the second sentence and
inserting brigadier general
.
Force management enhancements
Reinstatement of authority for enhanced selective early retirement boards and early discharges
Section 638a of title 10, United States Code, is amended—
in subsection (a)—
by striking
, during the period beginning on October 1, 1990,
and all that
follows through December 31, 2012,
; and
by inserting at
the end the following new sentence: 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.
; and
in subsection
(d)(2), by striking except that during the period beginning on October
1, 2006, and ending on December 31, 2012,
in subparagraphs (A) and (B)
and inserting except that through December 31, 2018,
.
Extension of voluntary separation pay
Section 1175a(k)(1) of title 10, United
States Code, is amended by striking December 31, 2012
and
inserting December 31, 2018
.
Voluntary Retirement Incentive
In general
Chapter 36 of title 10, United States Code, is amended by inserting after section 638a the following new section:
Voluntary retirement incentive
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.
Eligible officers
In general
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—
has served on active duty for more than 20 years but no more than 29 years on the approved date of retirement;
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 10, as applicable to that officer;
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;
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
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.
Officers not eligible
The following officers are not eligible for a voluntary retirement incentive payment under this section:
An officer being evaluated for disability under chapter 61 of this title.
An officer projected to be retired under section 1201 or 1204 of this title.
An officer projected to be discharged with disability severance pay under section 1212 of this title.
A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.
An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.
Amount of voluntary retirement incentive payment
A voluntary retirement incentive payment paid to an officer under this section may be paid in a lump sum at the time of retirement and may be in an amount determined by the Secretary concerned not to exceed 12 times the amount of the officer's monthly basic pay at the time of the officer's retirement.
Repayment for members who return to active duty
Except as provided in paragraph (2) a member of the armed forces who, after having received all or part of 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.
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.
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 Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness.
.
Clerical amendment
The table of sections at the beginning of subchapter IV of such chapter is amended by inserting after the item relating to section 638a the following new item:
638b. Voluntary retirement incentive.
.
Authority To reduce years of service for mandatory retirement for certain officers in pay grades O–5 and O–6
Lieutenant colonels and Navy commanders
Section 633 of title 10, United States Code, is amended by adding at the end the following new subsection:
Authority for earlier mandatory retirement
Under regulations prescribed by the Secretary of Defense, during the period beginning on January 1, 2013, and ending on December 31, 2018, the Secretary concerned may reduce the amount of service specified in subsection (a) from 28 years to a period (determined by the Secretary concerned) of not less than 25 years of active commissioned service. Any such reduction under this subsection may not become effective before the first day of the twelfth calendar month beginning after the month in which the Secretary concerned approves and announces the reduction.
.
Colonels and Navy captains
Section 634 of title 10, United States Code, is amended by adding at the end the following new subsection:
Authority for earlier mandatory retirement
Under regulations prescribed by the Secretary of Defense, during the period beginning on January 1, 2013, and ending on December 31, 2018, the Secretary concerned may reduce the amount of service specified in subsection (a) from 30 years to a period (determined by the Secretary concerned) of not less than 27 years of active commissioned service. Any such reduction under this subsection may not become effective before the first day of the twelfth calendar month beginning after the month in which the Secretary concerned approves and announces the reduction.
.
Reserve component management
Modification of time in which preseparation counseling must be provided for reserve component members being demobilized
Section 1142(a)(3)(B) of title 10, United
States Code, is amended by inserting or in the case of a member of a
reserve component who 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,
.
Clarification of applicability of authority for deferral of mandatory separation of military technicians (dual status) until age 60
Section 10216(f) of title 10, United States Code, is amended—
by inserting
Authority
for
before Deferral of Mandatory
Separation
;
by striking
shall implement
and inserting may each
implement
;
by inserting
, at the discretion of the Secretary concerned,
after so
as to allow
; and
by inserting
(in the case of such a military technician (dual status) who is an
officer)
after for officers
.
Expansion of authority to order Selected Reserve and certain Individual Ready Reserve members to active duty other than during war or national emergency
Expansion of authority
Subsection (a) of section 12304 of title 10, United States Code, is amended—
by striking
for any operational mission
; and
by inserting
consecutive
after 365
.
Budgeting
Subsection (c) of such section is amended by adding at the end the following new paragraph:
Except as provided in subparagraph (B), a unit or member of a reserve component may be ordered to active duty under this section during a fiscal year only if the manpower and associated costs of such active duty were specifically included and identified in the defense budget materials for that fiscal year. The budget information must include a description of the mission for which these Reserve members will be ordered to active duty, the size of the force ordered to active duty, the length of time the involuntary order will last, and the location of the mission. No more than 10,000 members of the Selected Reserves of the Military Services may be on active duty through this paragraph at any one time.
The limitation in subparagraph (A) does not apply in the case of an order to active duty that is issued—
to support an operational mission; or
to provide assistance referred to in subsection (b).
In this paragraph, the term
defense budget materials
has the meaning given that term in
section 231(d)(2) of this
title.
.
Notification to congress
Subsection (f) of such section is amended by inserting
to support an operational mission or to provide assistance referred to
in subsection (b),
after subsection (a)
.
Transformation of the military technician program
Reserve component technician program
Chapter 1007 of title 10, United States Code, is amended by adding after section 10215 the following new section:
Reserve Component Technician Program
Within each of the Army Reserve, the Air Force Reserve, and the National Guard, there is a Reserve Component Technician Program. Each Reserve Component Technician Program shall consist of military technicians (dual status) (as defined in section 10216 of this title) and non-dual status technicians and technicians (as defined in section 10217 of this title). The Secretary of the Army and the Secretary of the Air Force shall implement policies to manage the Program within their respective departments.
.
Military technicians (Dual status)
Section 10216 of such title is amended—
by striking subsections (b) and (c) and inserting the following:
Priority management of the Reserve Component Technician Program
As a basis for making the annual request to Congress pursuant to section 115(d) of this title for authorization of end strengths for the Reserve Component Technician Program of the Army and Air Force reserve components, the Secretary of Defense shall give priority to supporting authorizations for the Reserve Component Technician Program in the following priority units and organizations:
Units of the Selected Reserve whose primary mission is to participate in combat and the integral supporting elements thereof except for those units and organizations reported in subparagraph (C).
Units of the Selected Reserve that are not intended to deploy or rotate through a deployment cycle but can be made available to deploy as needed.
Those organizations with the primary mission of providing direct support surface and aviation maintenance for the reserve components of the Army and Air Force, to the extent that the military technicians (dual status) in such units would mobilize and deploy in a skill that is compatible with their civilian position skill.
For each fiscal year, the Secretary of Defense shall, for the high-priority units and organizations referred to in paragraph (1), seek to achieve a programmed manning level in the Reserve Component Technician Program that is not less than 90 percent of the programmed manpower structure for those units and organizations authorized Reserve Component Technician Program for that fiscal year.
Military technician (dual status) authorizations and personnel shall be exempt from any requirement for reductions in Department of Defense civilian personnel and shall only be reduced as part of military force structure reductions.
Information required To be submitted with annual end strength authorization request
The Secretary of Defense shall include as part of the budget justification documents submitted to Congress with the budget of the Department of Defense for any fiscal year the following information with respect to the end strengths for military technicians (dual status) requested in that budget pursuant to section 115(c) of this title, shown separately for each of the Army and Air Force reserve components:
The number of Reserve Component Technician Program personnel authorized in the priority units and organizations specified in subsection (b)(1).
The number of Reserve Component Technician Program personnel assigned in the priority units and organizations specified in subsection (b)(1).
The number of Reserve Component Technician Program personnel authorized in other than priority units and organizations specified in subsection (b)(1).
The number of Reserve Component Technician Program personnel assigned in other than priority units and organizations specified in subsection (b)(1).
If the budget submitted to Congress for any fiscal year requests authorization for that fiscal year under section 115(c) of this title of a military technician (dual status) end strength for a reserve component of the Army or Air Force in a number that constitutes a reduction from the end strength minimum established by law for that reserve component for the fiscal year during which the budget is submitted, the Secretary of Defense shall submit to the congressional defense committees with that budget a justification providing the basis for that requested reduction in technician end strength.
Any justification submitted under subparagraph (A) shall clearly delineate the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those reductions).
;
in subsection (d)—
by striking
(1)
; and
by striking
maintain membership in—
and all that follows and inserting
maintain membership in the Selected Reserve.
;
in subsection
(e)(1), by striking who is no longer a member of the Selected
Reserve
and inserting who serves in a position designated by the
Secretary concerned to be filled only by a military technician (dual status)
and who is no longer a member of the Selected Reserve
; and
in subsection
(e)(2), by striking military standards
and inserting
military retention standards
.
Non-Dual status technicians
Section 10217 of such title is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by striking military technician
and
inserting Reserve Component Technician Program
;
in paragraph (1),
by striking a technician
and inserting an employee of the
Department of Defense
;
by striking
or
at the end of paragraph (2);
by striking the
period at the end of paragraph (3) and inserting ; or
;
and
by adding at the end the following new paragraph:
is an employee of the Army Reserve's Reserve Component Technician Program, serving in a position designated by the Secretary to be filled only by a non-dual status technician who—
was hired without a requirement to maintain membership in the Selected Reserve;
has ceased to be a member of the Selected Reserve; or
has been assigned to a non-dual status technician position from one designated by the Secretary concerned to be filled only by a military technician (dual status).
;
in subsection (c)—
by striking
Permanent
;
in paragraph (1)—
by
striking (1)
and all that follows through may not exceed
90.
and inserting
(1)(A) The total number of non-dual status technicians employed—
by the Army Reserve during a fiscal year may not exceed 60 percent of the total end strength authorizations appropriated for the Reserve Component Technician Program for that fiscal year; and
by the Air Force Reserve during a fiscal year may not exceed 10 percent of the total end strength authorizations appropriated for the Reserve Component Technician Program for that fiscal year.
; and
by
designating the sentence beginning If at any time
as
subparagraph (B) and in that subparagraph by striking in the preceding
sentence
and inserting in subparagraph (A)
; and
in paragraph (2),
by striking 1,950
and inserting 15 percent of the total
end strength authorization for the Reserve Component Technician Program for
that fiscal year
; and
by adding at the end the following new subsections:
Separate category of employees
Non-dual status technicians shall be authorized and accounted for as a separate category of civilian employees.
Reduction in force
Non-dual status technician authorizations and personnel shall be exempt from any requirement for reductions in Department of Defense civilian personnel and shall only be removed as part of military force reductions.
Technicians
For the purpose of this section and any other provision in law, a technician is a civilian employee of the Department of Defense, hired after February 10, 1996, who is no longer a member of the Selected Reserve, who is serving in a Reserve Component Technician Program position, designated by the Secretary concerned for fill only by a military technician (dual status).
Subject to section 10216(e) of this title, a technician may be retained in the Reserve Component Technician Program for up to 12 months following the individual's loss of membership in the Selected Reserve.
.
Conditions for retention and mandatory retirement
Section 10218 is amended—
in subsection (a)(3)—
in subparagraph (A), by striking clause (ii) and inserting the following:
apply for a Reserve Component Technician Program or other civil service position that is not designated by the Secretary concerned as one to be filled only by a military technician (dual status).
; and
In subparagraph
(B), by striking the technician—
and all that follows and
inserting the individual shall be separated not later than 30 days after
becoming eligible for an unreduced annuity and becoming 60 years of
age.
; and
in subsection (b), by striking paragraph (3).
Clerical amendment
The table of sections at the beginning of chapter 1007 of such title is amended by inserting after the item relating to section 10215 the following new item:
10215a. Reserve Component Technician Program.
.
Education and training
National Defense University outplacement waiver
Waiver authority for officers not designated as joint qualified officers
Subsection (b) of section 663 of title 10, United States Code, is amended—
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
in paragraph (2)—
by striking
the joint duty assignment
and inserting the
assignment
; and
by striking
a joint duty assignment
and inserting such an
assignment
.
Exception
Such section is further amended by adding at the end the following new subsection:
Exception for officers graduating from other-Than-in-Residence programs
Joint qualified officers
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.
Other officers
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.
.
Revision to definition of joint duty assignment to include all instructor assignments for joint training and education
Section 668(b)(2) 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
.
Authority to enroll certain seriously wounded, ill, or injured former or retired enlisted servicemembers in associate degree programs of the Community College of the Air Force in order to complete degree program
Eligibility
Section 9315 of title 10, United States Code, is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
Seriously wounded, ill, or injured former and retired members
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—
had commenced but had not completed a program of higher education under subsection (a)(1); and
is categorized by the Secretary concerned as seriously wounded, ill, or injured.
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.
.
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
.
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.
Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC
Consolidation
Chapter 152 of title 10, United States Code, is amended by inserting after section 2552 the following new section:
Arms, tentage, and equipment: educational institutions not maintaining units of Junior ROTC
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—
offers a course in military training prescribed by that Secretary; and
has a student body of at least 100 physically fit students over 14 years of age.
.
Conforming repeals
Sections 4651, 7911, and 9651 of such title are repealed.
Clerical amendments
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 ROTC.
.
The table of sections at the beginning of chapter 441 of such title is amended by striking the item relating to section 4651.
The table of sections at the beginning of chapter 667 of such title is amended by striking the item relating to section 7911.
The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9651.
Expansion of authority relating to Phase II of three-phase approach to Joint Professional Military Education
Authority for other-Than-in-Residence program taught through joint forces staff college
Section 2154(a)(2) of title 10, United States Code, is amended—
in the matter
preceding subparagraph (A), by striking in residence at
;
in subparagraph
(A), by inserting by
after (A)
; and
in subparagraph
(B), by inserting in residence at
after
(B)
.
Conforming amendment
Section 2156(b) of such title is amended by inserting
in residence
after course of instruction
offered
.
Military justice and legal matters
Procedures for judicial review of certain military personnel decisions
Prohibited personnel actions
Section 1034 of title 10, United States Code, is amended—
by adding at the end of subsection (f) the following new paragraph:
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the member or former member's record, the member or former member shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.
;
in subsection (g)—
by inserting
(1)
before Upon the completion of all
; and
by adding at the end the following new paragraph:
A submittal to the Secretary of Defense under paragraph (1) must be made within 90 days of the receipt of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the member or former member's record, the member or former member shall be provided a concise written statement of the basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.
;
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
by inserting after subsection (g) the following new subsection (h):
Judicial review
A decision of the Secretary of Defense under subsection (g) or, in a case in which review by the Secretary of Defense under subsection (g) was not sought or in a case arising out of the Coast Guard when the Coast Guard is not operating as a service in the Navy, a decision of the Secretary of a military department or the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.
.
Correction of military records
Section 1552 of such title is amended by adding at the end the following new subsections:
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the claimant shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.
A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.
.
Judicial Review
Chapter 79 of such title is amended by adding at the end the following new section:
Judicial review of decisions
After a final decision is issued pursuant to section 1552 of this title, or is issued by the Secretary of Homeland Security or the Secretary of Defense pursuant to subsections 1034(f) or 1034(g) of this title, any person aggrieved by such a decision may obtain judicial review.
In exercising its authority under this section, the reviewing court shall review the record and may hold unlawful and set aside any decision demonstrated by the petitioner in the record to be—
arbitrary or capricious;
not based on substantial evidence;
a result of material error of fact or material administrative error, but only if the petitioner identified to the correction board how the failure to follow such procedures substantially prejudiced the petitioner's right to relief, and shows to the reviewing court by a preponderance of the evidence that the error was harmful; or
otherwise contrary to law.
Upon such review, the reviewing court shall affirm, modify, vacate, or reverse the decision, or remand the matter, as appropriate.
Notwithstanding of subsections (a), (b), and (c), the reviewing court does not have jurisdiction to entertain any matter or issue raised in a petition of review that is not justiciable.
No judicial review may be made under this section unless the petitioner shall first have requested a correction under section 1552 of this title, and the Secretary concerned shall have rendered a final decision denying that correction in whole or in part. In a case in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review by the Secretary of Defense before obtaining judicial review under this section. If the petitioner seeks review by the Secretary of Defense under section 1034(g) of this title, no judicial review may be made until the Secretary of Defense shall have rendered a final decision denying that request in whole or in part.
In the case of a final decision of the Secretary described in subsection (a) made on or after the date of the enactment of this section, a petition for judicial review under this section must be filed within one year after the date of that final decision.
A decision by a board established under section 1552(a)(1) of this title declining to excuse the untimely filing of a request for correction of military records is not subject to judicial review under this section or otherwise subject to review in any court.
A decision by a board established under section 1552(a)(1) of this title declining to reconsider or reopen a previous denial or partial denial of a request for correction of military records is not subject to judicial review under this section or otherwise subject to review in any court.
Notwithstanding subsection (f), a decision by a board established under section 1552(a)(1) of this title that results in denial, in whole or in part, of any request for correction of military records that is received by the board more than six years after the date of discharge, retirement, release from active duty, or death while on active duty of the person whose military records are the subject of the correction request is not subject to judicial review under this section or otherwise subject to review in any court.
In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to entertain any request for correction of records cognizable under section 1034(f) and (g) or section 1552 of this title except as provided in this section.
In the case of a cause of action arising after the date of the enactment of this section, except as provided by chapter 153 of title 28 and chapter 79 of this title, no court shall have jurisdiction over any civil action or claim seeking, in whole or in part, to challenge any decision for which administrative review is available under section 1552 of this title.
.
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1560. Judicial review of decisions.
.
Effective date
The amendments made by this section shall take effect one year after the date of the enactment of this Act. Such amendments apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department or the Secretary of Homeland Security under sections 1034(f) or 1552 of such title, whether rendered before or after the date of the enactment of this Act. During the period between the date of the enactment of this Act and the date on which the amendments made by this section take effect, in any case in which the final decision of the Secretary of Defense under section 1034 of title 10, United States Code, or the Secretary concerned under section 1552 of title 10, United States Code, results in denial, in whole or in part, of any requested correction of a member, former member, or claimant’s record, the individual shall be informed in writing of the time for obtaining review of the decision pursuant to section 1560 of such title as provided therein.
Implementation
The Secretaries concerned (as defined in section 101(a)(9) of title 10, United States Code) may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. In the case of the Secretary of a military department, such regulations may not take effect until approved by the Secretary of Defense.
Construction
This section does not affect the authority of any court to exercise jurisdiction over any case which was properly before it before the effective date specified in subsection (d).
Authority to compel production of documentary evidence prior to trial in military justice cases
Subpoena duces tecum
Section 847 of title 10, United States Code (article 47 of the Uniform Code of Military Justice), is amended—
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
in subsection (c),
by striking or board,
and inserting board, trial counsel,
or convening authority,
.
Repeal of obsolete provisions relating to fees and mileage payable to witnesses
Such section is further amended—
in subsection (a)—
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2); and
by striking subsection (d).
Technical amendments
Subsection (a) of such section is further amended by
striking subpoenaed
in paragraphs (1) and (2) (as redesignated
by subsection (b)(1)(B)) and inserting subpoenaed
.
Effective date
The amendments made by subsection (a) shall apply with respect to subpoenas issued after the date of the enactment of this Act.
Reform of offenses relating to rape, sexual assault, and other sexual misconduct under Uniform Code of Military Justice
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:
Revised offense of rape
Subsection (a) is amended to read as follows:
Rape
Any person subject to this chapter who commits a sexual act upon another person by—
using unlawful force against that other person;
using force causing or likely to cause death or grievous bodily harm to any person;
threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
first rendering that other person unconscious; or
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;
.
Repeal of provisions relating to offenses replaced by new article 120b
Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.
Revised offense of sexual assault
Subsection (c) is redesignated as subsection (b) and is amended to read as follows:
Sexual assault
Any person subject to this chapter who—
commits a sexual act upon another person by—
threatening or placing that other person in fear;
causing bodily harm to that other person;
making a fraudulent representation that the sexual act serves a professional purpose; or
inducing a belief by any artifice, pretense, or concealment that the person is another person;
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
commits a sexual act upon another person 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 is known or reasonably should be known by the person; or
a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
.
Aggravated sexual contact
Subsection (e) is redesignated as subsection (c) and is amended—
by striking
engages in
and inserting commits
; and
by striking
with
and inserting upon
.
Abusive sexual contact
Subsection (h) is redesignated as subsection (d) and is amended—
by striking
engages in
and inserting commits
;
by striking
with
and inserting upon
; and
by striking
subsection (c) (aggravated sexual assault)
and inserting
subsection (b) (sexual assault)
.
Repeal of provisions relating to offenses replaced by new article 120c
Subsections (k), (l), (m), and (n) are repealed.
Proof of threat
Subsection (p) is redesignated as subsection (e) and is amended—
by striking
the accused made
and inserting a person
made
;
by striking
the accused actually
and inserting the person
actually
; and
by inserting
before the period at the end the following: or had the ability to carry
out the threat
.
Defenses
Subsection (q) is redesignated as subsection (f) and is amended to read as follows:
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.
.
Provisions relating to affirmative defenses
Subsections (r) and (s) are repealed.
Definitions
Subsection (t) is redesignated as subsection (g) and is amended—
in paragraph (1)—
in
subparagraph (A), by inserting or anus or mouth
after
vulva
; and
in subparagraph (B)—
by striking
genital opening
and inserting vulva or anus or
mouth,
; and
by striking
a hand or finger
and inserting any part of the
body
;
by striking paragraph (2) and inserting the following:
Sexual contact
The term sexual contact
means—
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
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.
;
by striking paragraph (4) and redesignating paragraph (3) as paragraph (4);
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
;
in paragraph (4), as redesignated by subparagraph (C), by striking the last sentence;
by striking paragraphs (5) and (7);
by redesignating paragraph (6) as paragraph (7);
by inserting after paragraph (4), as redesignated by subparagraph (C), the following new paragraphs (5) and (6):
Force
The
term force
means—
the use of a weapon;
the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or
inflicting physical harm sufficient to coerce or compel submission by the victim.
Unlawful force
The term unlawful force
means an act of
force done without legal justification or
excuse.
;
in paragraph (7), as redesignated by subparagraph (G)—
by
striking under paragraph (3)
and all that follows through
contact),
; and
by
striking death, grievous bodily harm, or kidnapping
and
inserting the wrongful action contemplated by the communication or
action.
;
by striking paragraphs (9) through (13);
by redesignating paragraph (14) as paragraph (8) and in that paragraph—
by
inserting (A)
before The term
;
by
striking words or overt acts indicating
and
sexual
in the first sentence;
by
striking accused’s
in the third sentence;
by
inserting or social or sexual
before relationship
in the fourth sentence;
by
striking sexual
before conduct
in the fourth
sentence;
by
striking A person cannot consent
and all that follows through
the period; and
by adding at the end the following new subparagraphs:
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).
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
by striking paragraphs (15) and (16).
Section heading
The heading of such section (article) is amended to read as follows:
Art. 120. Rape and sexual assault generally
.
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) the following new section:
Art. 120b. Rape and sexual assault of a child
Rape of a Child
Any person subject to this chapter who—
commits a sexual act upon a child who has not attained the age of 12 years; or
commits a sexual act upon a child who has attained the age of 12 years by—
using force against any person;
threatening or placing that child in fear;
rendering that child unconscious; or
administering to that child a drug, intoxicant, or other similar substance;
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.
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.
Age of Child
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.
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.
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.
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.
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.
Definitions
In this section:
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)).
Force
The
term force
means
the use of a weapon;
the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or
inflicting physical harm.
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.
Child
The
term child
means any person who has not attained the age of 16
years.
Lewd act
The term lewd act
means—
any sexual contact with a child;
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;
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
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.
.
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:
Art. 120c. Other sexual misconduct
Indecent viewing, visual recording, or broadcasting
Any person subject to this chapter who, without legal justification or lawful authorization—
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;
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
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);
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.
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.
Definitions
In this section:
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.
Private area
The term private area
means the naked or
underwear-clad genitalia, anus, buttocks, or female areola or nipple.
Reasonable expectation of privacy
The term under circumstances in
which that other person has a reasonable expectation of privacy
means—
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
circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
Broadcast
The
term broadcast
means to electronically transmit a visual image
with the intent that it be viewed by a person or persons.
Distribute
The
term distribute
means delivering to the actual or constructive
possession of another, including transmission by electronic means.
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.
.
Repeal of sodomy article
Section 925 of such title (article 125 of the Uniform Code of Military Justice) is repealed.
Conforming amendments
Chapter 47 of such title (the Uniform Code of Military Justice) is further amended as follows:
Statute of limitations
Subparagraph (B) of section 843(b)(2) (article 43(b)(2)) is amended—
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)
;
by striking clause (iii); and
in clause (v)—
by
striking indecent assault
;
by
striking rape, or sodomy,
and inserting or rape,
;
and
by
striking or liberties with a child
.
Murder
Paragraph (4) of section 918 (article 118) is amended—
by striking
sodomy,
; and
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,
.
Clerical amendments
The table of sections at the beginning of subchapter X of such chapter (the Uniform Code of Military Justice) is amended—
by striking the items relating to sections 920 and 920a (articles 120 and 120a) and inserting the following:
920. 120. Rape and sexual assault generally.
920a. 120a. Stalking.
920b. 120b. Rape and sexual assault of a child.
920c. 120c. Other sexual misconduct.
;
by striking the item relating to section 925 (article 125).
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.
Other matters
Revision to membership of Department of Defense Military Family Readiness Council
Section 1781a(b) of title 10, United States Code, is amended to read as follows:
Members
The Council shall consist of 17 members, as follows:
The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary's absence.
The following, who shall be appointed or designated by the Secretary of Defense:
One representative of each of the Army, Navy, Marine Corps, and Air Force, each of whom may be a member of the armed force to be represented, the spouse of such a member, or the parent of such a member, and may represent either the active component or a reserve component of that armed force.
One representative of the Army National Guard or the Air National Guard, who may be a member of the National Guard, the spouse of such a member, or the parent of such a member.
One spouse of a member of each of the Army, Navy, Marine Corps, and Air Force, two of whom shall be the spouse of an active component member and two of whom shall be the spouse of a reserve component member.
Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.
The senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.
The term on the Council of the members appointed or designated under clauses (i) and (iii) of subparagraph (B) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. Representation on the Council under clause (ii) of that subparagraph shall rotate between the Army National Guard and Air National Guard every two years on a calendar year basis.
The term on the Council of the members appointed under subparagraph (C) of paragraph (1) shall be three years.
.
Inclusion of
Northern Mariana Islands as a State
for purposes of the
Uniformed and Overseas Citizens Absentee Voting Act
Paragraphs (6) and (8) of section 107 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6) are
each amended by striking and American Samoa
and inserting
American Samoa, and the Commonwealth of the Northern Mariana
Islands
.
Specification of the period for which a request for an absentee ballot from an overseas voter is valid
Section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is
amended by inserting or overseas voter
after uniformed
services voter
.
Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program
Transfer of functions
Transfer
The responsibility and authority for operation and administration of the Troops-to-Teachers Program in chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is transferred from the Secretary of Education to the Secretary of Defense.
Effective date
The transfer under paragraph (1) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act, or on such earlier date as the Secretary of Education and the Secretary of Defense may jointly provide.
Enactment of program authority in title 10, United States Code
In general
Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:
Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers program
Definitions
In this section:
Program
The term Program means the Troops-to-Teachers Program authorized by this section.
Member of the armed forces
The term member of the armed forces includes a former member of the armed forces.
Charter school
The term charter school has the meaning given that term in section 5210(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(1)).
Eligible school
The term eligible school means—
a public school, including a charter school, at which—
at least 30 percent of the students enrolled in the school are from families with incomes below 185 percent of poverty level (as defined by the Office of Management and Budget and revised at least annually in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act) applicable to a family of the size involved; or
at least 13 percent of the students enrolled in the school qualify for assistance under part B of the Individuals with Disabilities Education Act; or
a Bureau-funded school as defined in section 1141(3) of the Education Amendments of 1978 (25 U.S.C. 2021(3)).
High-need school
The term high-need school means—
an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible to for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, the number of children eligible to receive medical assistance under the Medicaid program, or a composite of these indicators;
a high school in which at least 40 percent of enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools; or
a school that is in a local educational agency that is eligible under section 6211(b) of the Elementary and Secondary Education Act of 1965.
Additional terms
The terms elementary school, highly qualified teacher, local educational agency, secondary school, and State have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Program authorization
The Secretary of Defense (hereinafter in this
section referred to as the Secretary
) may carry out a program
(to be known as the Troops-to-Teachers Program
)—
to assist eligible members of the armed forces described in subsection (d) to obtain certification or licensing as elementary school teachers, secondary school teachers, or career or technical teachers, and to become highly qualified teachers; and
to facilitate the employment of such members—
by local educational agencies or charter schools that the Secretary of Education identifies as—
receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; or
experiencing a shortage of highly qualified teachers, in particular a shortage of highly qualified science, mathematics, special education, foreign language, or career or technical teachers; and
in elementary schools or secondary schools, or as career or technical teachers.
Counseling and referral services
The Secretary may provide counseling and referral services to members of the armed forces who do not meet the criteria described in subsection (d), including meeting the education qualification requirements under subsection (d)(3)(B).
Eligibility and application process
Eligible members
The following members of the armed forces are eligible for selection to participate in the Program:
Any member who—
on or after October 1, 1999, becomes entitled to retired or retainer pay under this title or title 14;
has an approved date of retirement that is within one year after the date on which the member submits an application to participate in the Program; or
has been transferred to the Retired Reserve.
Any member who, on or after January 8, 2002—
is separated or released from active duty after four or more years of continuous active duty immediately before the separation or release; or
has completed a total of at least six years of active duty service, six years of service computed under section 12732 of this title, or six years of any combination of such service; and
executes a reserve commitment agreement for a period of not less than three years under paragraph (5)(B).
Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter 61 of this title.
Submission of applications
Selection of eligible members of the armed forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in subparagraph (B). An application shall be in such form and contain such information as the Secretary may require.
An application shall be considered to be submitted on a timely basis under subparagraph (A)(i), (B), or (C) of paragraph (1) if the application is submitted not later than three years after the date on which the member is retired, separated, or released from active duty, whichever applies to the member.
Selection criteria; educational background requirements and honorable service requirement
Subject to subparagraphs (B) and (C), the Secretary shall prescribe the criteria to be used to select eligible members of the armed forces to participate in the Program.
If a member of the armed forces is applying for assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.
If a member of the armed forces is applying for assistance for placement as a career or technical teacher, the Secretary shall require the member—
to have received the equivalent of one year of college from an accredited institution of higher education or the equivalent in military education and training as certified by the Department of Defense; or
to otherwise meet the certification or licensing requirements for a career or technical teacher in the State in which the member seeks assistance for placement under the Program.
A member of the armed forces is eligible to participate in the Program only if the member’s last period of service in the armed forces was honorable, as characterized by the Secretary concerned. A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member’s last period of service is characterized as honorable by the Secretary concerned.
Selection priorities
In selecting eligible members of the armed forces to receive assistance under the Program, the Secretary—
shall give priority to members who—
have educational or military experience in science, mathematics, special education, foreign language, or career or technical subjects; and
agree to seek employment as science, mathematics, foreign language, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency; and
may give priority to members who agree to seek employment in a high-need school.
Other conditions on selection
The Secretary may not select an eligible member of the armed forces to participate in the Program and receive financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (e) with respect to the member.
The Secretary may not select an eligible member of the armed forces described in paragraph (1)(B)(i) to participate in the Program under this section and receive financial assistance under subsection (e) unless the member executes a written agreement to serve as a member of the Selected Reserve of a reserve component of the armed forces for a period of not less than three years.
Participation agreement and financial assistance
Participation agreement
An eligible member of the armed forces selected to participate in the Program under subsection (b) and receive financial assistance under this subsection shall be required to enter into an agreement with the Secretary in which the member agrees—
within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or career or technical teacher, and to become a highly qualified teacher; and
to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in an eligible school to begin the school year after obtaining that certification or licensing.
The Secretary may waive the three-year commitment described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the three-year commitment.
Violation of participation agreement; exceptions
A participant in the Program shall not be considered to be in violation of the participation agreement entered into under paragraph (1) during any period in which the participant—
is pursuing a full-time course of study related to the field of teaching at an institution of higher education;
is serving on active duty as a member of the armed forces;
is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;
is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;
is a highly qualified teacher who is seeking and unable to find full-time employment as a teacher in an elementary school or secondary school or as a career or technical teacher for a single period not to exceed 27 months; or
satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.
Stipend and bonus for participants
Subject to subparagraph (C), the Secretary may pay to a participant in the Program selected under this section a stipend to cover expenses incurred by the participant to obtain the required educational level, certification or licensing. Such stipend may not exceed $5,000 and may vary by participant.
Subject to subparagraph (C), the Secretary may pay a bonus of up to $10,000 to a participant in the Program selected under this section who agrees in the participation agreement under paragraph (1) to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or career or technical teacher for not less than three school years in a high-need school. Such bonus may vary by participant and may take into account the priority placements as determined by the Secretary.
The total number of stipends that may be paid under subparagraph (A) in any fiscal year may not exceed 5,000.
The total number of bonuses that may be paid under subparagraph (B) in any fiscal year may not exceed 3,000.
The combination of stipend and bonus for any one participant may not exceed $10,000.
Treatment of stipend and bonus
A stipend or bonus paid under this subsection to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
Reimbursement under certain circumstances
Reimbursement required
A participant in the Program who is paid a stipend or bonus under this subsection shall be required to repay the stipend or bonus under the following circumstances:
The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or career or technical teacher as required by the participation agreement under subsection (e)(1).
The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or career or technical teacher during the three years of required service in violation of the participation agreement.
The participant executed a written agreement with the Secretary concerned under subsection (d)(5)(B) to serve as a member of a reserve component of the armed forces for a period of three years and fails to complete the required term of service.
Amount of reimbursement
A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under subsection (e) shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the three years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.
Treatment of obligation
The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary under this subsection.
Exceptions to reimbursement requirement
A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.
Relationship to educational assistance under montgomery GI bill
The receipt by a participant in the Program of a stipend or bonus under this subsection (e) shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 or 33 of title 38 or chapter 1606 of this title.
Participation by states
Discharge of state activities through consortia of states
The Secretary may permit States participating in the Program to carry out activities authorized for such States under the Program through one or more consortia of such States.
Assistance to states
Subject to subparagraph (B), the Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such States or consortia of States to operate offices for purposes of recruiting eligible members of the armed forces for participation in the Program and facilitating the employment of participants in the Program as elementary school teachers, secondary school teachers, and career or technical teachers.
The total amount of grants made under subparagraph (A) in any fiscal year may not exceed $5,000,000.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1154. Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program.
.
Conforming amendment
Section 1142(b)
(4)(C) of such title is amended by striking under sections 1152 and 1153
of this title and the Troops-to-Teachers Program under section 2302 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672)
and
inserting under sections 1152, 1153, and 1154 of this
title
.
Termination of original program
Termination
Chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed.
The table of contents in section 2 of part I of the Elementary and Secondary Education Act 1965 is amended by striking the items relating to such chapter.
Existing agreements
The repeal of chapter A of subpart 1 of part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) by paragraph (1)(A) shall not affect the validity or terms of any agreement entered into before the date of the enactment of this Act under such chapter, or to pay assistance, make grants, or obtain reimbursement in connection with such an agreement as in effect before such repeal.
Effective date
The amendments made by this section shall take effect on the effective date of the transfer under subsection (a).
Military grooming and appearance standards
Military grooming and appearance standards
In general
Chapter 45 of title 10, United States Code, is amended by adding at the end the following new section:
Grooming and appearance standards
Grooming and appearance standards prescribed by the Secretary of a military department for members of the armed forces are not subject to the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
778. Grooming and appearance standards.
.
Wearing of items of religious apparel with the uniform
Section 774(c) of such
title is amended by adding at the end the following new sentence: Such
regulations are not subject to the Religious Freedom Restoration Act of 1993
(42 U.S.C. 2000bb et seq.).
.
Repeal of mandatory high-deployment allowance
Repeal of authority for payment of high-Deployment allowance
In general
Section 436 of title 37, United States Code, is repealed.
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.
Repeal of requirements relating to management of deployment of members
In general
Section 991 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 50 of such title is amended by striking the item relating to section 991.
Three-year extension and revision of authorities relating to transition of military dependent students among local educational agencies
Additional program authorities
Paragraph (2)(B) of section 574(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended—
by inserting
grant assistance
after To provide
; and
by striking
including—
and all that follows and
inserting
including the following:
Access to virtual and distance learning capabilities and related applications.
Training programs for teachers.
Academic strategies to increase academic achievement.
Curriculum development.
Support for practices that minimize the impact of transition and deployment.
Other appropriate services to improve the academic achievement of students.
.
Extension of expiration
Paragraph (3) of such section is amended by striking
September 30, 2013
and inserting September 30,
2016
.
Compensation and other personnel benefits
General matters
One-year extension of certain expiring bonus and special pay authorities
Authorities relating to reserve forces
The following sections of title 37,
United States Code, are amended by striking December 31, 2011
and inserting December 31, 2012
:
Section 308b(g), relating to Selected Reserve reenlistment bonus.
Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
Section 408a(e), relating to a travel and transportation allowance for inactive-duty training outside of normal commuting distance.
Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
Title 10 authorities relating to health care professionals
The following
sections of title 10, United States Code, are amended by striking
December 31, 2011
and inserting December 31,
2012
:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
Title 37 authorities relating to health care professionals
The following
sections of title 37, United States Code, are amended by striking
December 31, 2011
and inserting December 31,
2012
:
Section 302c–1(f), relating to accession and retention bonuses for psychologists.
Section 302d(a)(1), relating to accession bonus for registered nurses.
Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
Section 302h(a)(1), relating to accession bonus for dental officers.
Section 302j(a), relating to accession bonus for pharmacy officers.
Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
Section 335(k), relating to bonus and incentive pay authorities for officers in health professions.
Authorities relating to nuclear officers
The following sections of title 37,
United States Code, are amended by striking December 31, 2011
and inserting December 31, 2012
:
Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
Section 312b(c), relating to nuclear career accession bonus.
Section 312c(d), relating to nuclear career annual incentive bonus.
Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities
The following sections of title 37, United States
Code, are amended by striking December 31, 2011
and inserting
December 31, 2012
:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 351(h), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(i), relating to skill incentive pay or proficiency bonus.
Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
Authorities relating to payment of referral bonuses
The following sections of
title 10, United States Code, are amended by striking December 31,
2011
and inserting December 31, 2012
:
Section 1030(i), relating to health professions referral bonus.
Section 3252(h), relating to army referral bonus.
Other title 37 bonus and special pay authorities
The following sections of title
37, United States Code, are amended by striking December 31,
2011
and inserting December 31, 2012
:
Section 301b(a), relating to aviation officer retention bonus.
Section 307a(g), relating to assignment incentive pay.
Section 308(g), relating to reenlistment bonus for active members.
Section 309(e), relating to enlistment bonus.
Section 324(g), relating to accession bonus for new officers in critical skills.
Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
Section 327(h), relating to incentive bonus for transfer between the Armed Forces.
Section 330(f), relating to accession bonus for officer candidates.
Section 403(b)(7)(E), relating to basic allowance for housing.
Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to very remote locations outside the continental United States
Section 1040(a) of title 10, United States Code, is amended—
by inserting
(1)
after (a)
; and
by adding at the end the following new paragraph:
For purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.
In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility at which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.
The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.
The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.
The authority under this paragraph shall expire on September 30, 2016.
.
Travel and transportation allowance for dependent child of member stationed overseas who is attending overseas university, college or similar institution
Section 430 of title 37, United States Code, is amended—
in subsection (a), by amending paragraph (2) to read as follows:
An eligible dependent child of a member referred to in paragraph (1)(c) is a child who—
is under 23 years of age and unmarried; and
is enrolled in a school in the continental United States for the purpose of obtaining a formal education; and
is attending that school or is participating in a foreign study program approved by that school and, pursuant to that foreign study program, is attending a school outside the United States for a period of not more than one year; or
is attending a college, university, or similar institution outside the United States, including a technical or business school, offering postsecondary level academic instruction leading to an associate or higher degree, or the equivalent, which is recognized as such by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.
; and
in subsection (b)—
in paragraph (3),
by striking in the continental United States
; and
in paragraph (4)—
by
inserting a foreign study program at
after
attending
; and
by
inserting under subsection (a)(2)(B)(i)(II)
after outside
the United States
.
Lodging accommodations for members assigned to duty in connection with commissioning or fitting out of a ship
Extension to precommissioning unit sailors
Subsection (a) of section 7572 of title 10, United States Code, is amended—
by inserting
or assigned to duty in connection with commissioning or fitting out of a
ship
after sea duty
; and
by inserting
, because the ship is under construction and is not yet
habitable,
after because of repairs,
.
Extension to enlisted members
Subsection (d) of such section is amended—
in paragraph (1)—
by striking
After the expiration of the authority provided in subsection (b), an
officer
and inserting A member
;
by striking
officer’s quarters
and inserting member’s
quarters
;
by striking
obtaining quarters
and inserting obtaining
housing
; and
by striking
the officer
and inserting the member
;
in paragraph (2)—
by striking
an officer
both places it appears and inserting a
member
;
by striking
quarters
and inserting housing
; and
by striking
officer’s grade
and inserting member’s grade
; and
in paragraph (3)—
by striking
an officer
and inserting a member
; and
by striking
quarters
and inserting housing
.
Shipyards affected by BRAC 2005
Such section is further amended by adding at the end the following new subsection:
The Secretary may reimburse a member of the naval service assigned to duty in connection with commissioning or fitting out of a ship in Pascagoula, Mississippi, or Bath, Maine, who is deprived of quarters on board a ship because the ship is under construction and is not yet habitable, or because of other conditions that make the member's quarters uninhabitable, for expenses incurred in obtaining housing, but only when the Navy is unable to furnish the member with lodging accommodations under subsection (a).
The total amount that a member may be reimbursed under this subsection may not exceed an amount equal to the basic allowance for housing of a member without dependents of that member's grade.
A member without dependents, or a member who resides with dependents while assigned to duty in connection with commissioning or fitting out of a ship at one of the locations specified in paragraph (1), may not be reimbursed under this subsection.
The Secretary may prescribe regulations to carry out this subsection.
.
Conforming amendments
The heading of such section is amended to read as follows:
Quarters: accommodations in place for members on sea duty or assigned to duty in connection with commissioning or fitting out of a ship
.
The table of sections at the beginning of chapter 649 of such title is amended by striking the item relating to section 7572 and inserting the following new item:
7572. Quarters: accommodations in place for members on sea duty or assigned to duty in connection with commissioning or fitting out of a ship.
.
Revision to certain definitions relating to families of servicemembers for purposes of family and medical leave
Definitions applicable under family and medical leave act of 1993
Definition of
covered active duty
Paragraph (14) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended—
by striking
to a foreign country
in subparagraphs (A) and (B); and
by inserting
, 12301(d), 12301(g), or 12310
after section
101(a)(13)(B)
in subparagraph (B).
Definition of
covered servicemember
Paragraph (15)(A) of such
section is amended by inserting inpatient or
before
outpatient status
.
Definitions applicable to leave for civil service employees
Definition of
covered active duty
Paragraph (7) of section 6381 of title 5, United States Code, is amended—
by striking
to a foreign country
in subparagraph (A) and (B); and
by inserting
, 12301(d), 12301(g), or 12310
after section
101(a)(13)(B)
in subparagraph (B).
Definition of
covered servicemember
Paragraph (8)(A) of such
section is amended by inserting inpatient or
before
outpatient status
.
Technical amendment
Paragraph (7)(B) of such section is further amended by
striking , United States Code
.
Consolidation and reform of travel and transportation authorities
Consolidation and reform of travel and transportation authorities of the uniformed services
Purpose
This section establishes general travel and transportation provisions for members of the uniformed service and other travelers authorized to travel under official conditions. Recognizing the complexities and the changing nature of travel, the amendments made by this section provide the Secretary of Defense and the other administering Secretaries with the authority to prescribe and implement travel and transportation policy that is simple, efficient, relevant, and flexible and that meets mission and servicemember needs.
Consolidated authorities
Title 37, United States Code, is amended by inserting after chapter 7 the following new chapter:
Travel and transportation allowances
SUBCHAPTER I—Travel and Transportation Authorities—New Law
Sec.
Sec. 451. Definitions.
Sec. 452. Allowable travel and transportation: general authorities.
Sec. 453. Allowable travel and transportation: specific authorities.
Sec. 454. Travel and transportation pilot programs.
Sec. 455. Appropriations for travel: may not be used for attendance at certain meetings.
SUBCHAPTER II—Administrative Provisions
Sec. 461. Relationship to other travel and transportation authorities.
Sec. 462. Travel and transportation expenses paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment.
Sec. 463. Regulations.
SUBCHAPTER III—Travel and Transportation Authorities—Old Law
Sec. 471. Travel authorities transition expiration date.
Sec. 472. Definitions and other incorporated provisions of chapter 7.
Sec. 474. Travel and transportation allowances: general.
Sec. 474a. Travel and transportation allowances: temporary lodging expenses.
Sec. 474b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.
Sec. 475. Travel and transportation allowances: per diem while on duty outside the continental United States.
Sec. 475a. Travel and transportation allowances: departure allowances.
Sec. 476a. Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified.
Sec. 476b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating.
Sec. 476c. Travel and transportation allowances: members assigned to a vessel under construction.
Sec. 477. Travel and transportation allowances: dislocation allowance.
Sec. 478. Travel and transportation allowances: travel within limits of duty station.
Sec. 478a. Travel and transportation allowances: inactive duty training outside of the normal commuting distances.
Sec. 479. Travel and transportation allowances: house trailers and mobile homes.
Sec. 480. Travel and transportation allowances: miscellaneous categories.
Sec. 481. Travel and transportation allowances: administrative provisions.
Sec. 481a. Travel and transportation allowances: travel performed in connection with convalescent leave.
Sec. 481b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours.
Sec. 481c. Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries.
Sec. 481d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents.
Sec. 481e. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty.
Sec. 481f. Travel and transportation allowances: transportation for survivors of deceased member to attend the member’s burial ceremonies.
Sec. 481g. Travel and transportation allowances: transportation incident to voluntary extensions of overseas tours of duty.
Sec. 481h. Travel and transportation allowances: transportation of family members incident to illness or injury of members.
Sec. 481i. Travel and transportation allowances: parking expenses.
Sec. 481j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.
Sec. 481k. Travel and transportation allowances: non-medical attendants for members determined to be very seriously or seriously wounded, ill, or injured.
Sec. 484. Travel and transportation: dependents of members in a missing status; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable.
Sec. 488. Allowance for recruiting expenses.
Sec. 489. Travel and transportation allowances: minor dependent schooling.
Sec. 490. Travel and transportation: dependent children of members stationed overseas.
Sec. 491. Benefits for certain members assigned to the Defense Intelligence Agency.
Sec. 492. Travel and transportation: members escorting certain dependents.
Sec. 494. Subsistence reimbursement relating to escorts of foreign arms control inspection teams.
Sec. 495. Funeral honors duty: allowance.
Travel and transportation—new law
Definitions
Definitions relating to persons
In this subchapter and subchapter II:
The term
administering Secretary
or administering
Secretaries
means the following:
The Secretary of Defense, with respect to the armed forces (including the Coast Guard when it is operating as a service in the Navy).
The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
The Secretary of Health and Human Services, with respect to the Public Health Service.
The term
authorized traveler
means a person who is authorized travel and
transportation allowances when performing official travel ordered or authorized
by the administering Secretary. Such term includes the following:
A member of the uniformed services.
A family member of a member of the uniformed services.
A person acting as an escort or attendant for a member or family member who is traveling on official travel or is traveling with the remains of a deceased member.
A person who participates in a military funeral honors detail.
A Senior Reserve Officers’ Training Corps cadet or midshipman.
An applicant or rejected applicant for enlistment.
Any other person whose employment or service is considered directly related to a Government official activity or function under regulations prescribed section 463 of this title.
The term
family member
, with respect to a member of the uniformed
services, means the following:
A dependent, as defined in section 401(a) of this title.
A child, as defined in section 401(b)(1) of this title.
A parent, as defined in section 401(b)(2) of this title.
A sibling of the member.
A former spouse of the member.
Any person not covered by subparagraphs (A) through (E) who is in a category specified in regulations under section 463 of this title as having an association, connection, or affiliation with a member of the uniformed services or the family of such a member.
Any person not covered by subparagraphs (A) through (F) who is determined by the administering Secretary under regulations prescribed under section 463 of this title as warranting the status of being a family member for purposes of a particular travel incident.
Definitions relating to travel and transportation allowances
In this subchapter and subchapter II:
The term
official travel
means the following:
Military duty or official business performed by an authorized traveler away from a duty assignment location or other authorized location.
Travel performed by an authorized traveler ordered to relocate from a permanent duty station to another permanent duty station.
Travel performed by an authorized traveler ordered to the first permanent duty station, or separated or retired from uniformed service.
Local travel in or around the temporary duty or permanent duty station.
Other travel as authorized or ordered by the administering Secretary.
The term
actual and necessary expenses
means expenses incurred in fact by
a traveler as a reasonable consequence of official travel.
The term
travel allowances
means the daily lodging, meals, and other
related expenses, including relocation expenses, incurred by an authorized
traveler while on official travel.
The term
transportation allowances
means the costs of temporarily or
permanently moving an authorized traveler, the personal property of an
authorized traveler, or a combination thereof.
The term
transportation-, lodging-, or meals-in-kind
means
transportation, lodging, or meals provided by the Government without cost to
the traveler.
The term
miscellaneous expenses
mean authorized expenses incurred in
addition to authorized allowances during the performance of official
travel.
The term
personal property
, with respect to transportation allowances,
includes baggage, furniture, and other household items, clothing, privately
owned vehicles, house trailers, mobile homes, and any other personal item that
would not otherwise be prohibited by any other provision or law, or regulation
prescribed under section 463 of this title.
The term
relocation allowances
means the costs associated with relocating
a member of the uniformed services or other authorized traveler between an old
and new temporary or permanent duty assignment location or other authorized
location.
The term
dislocation allowances
means the costs associated with
relocation of the household of a member of the uniformed services or other
authorized traveler in relation to a change in the member’s permanent duty
assignment location ordered for the convenience of the Government or incident
to an evacuation.
The term
per diem
means an amount established as a daily rate that is
paid to an authorized traveler to cover lodging, meals, and other related
travel expenses pursuant to regulations.
Allowable travel and transportation: general authorities
In general
Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler—
shall be provided transportation-, lodging, or meals-in-kind, or actual and necessary travel and transportation expenses for, or in connection with, official travel; or
may be provided transportation and travel allowances under other circumstances as specified in regulations prescribed under section 463 of this title.
Specific circumstances
The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under section 463 of this title:
Temporary duty that requires en route travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location.
Permanent change of station that requires en route travel between an old and new temporary or permanent duty assignment location or other authorized location.
Temporary duty or assignment relocation related to a consecutive overseas tour or in-place-consecutive overseas tour.
Recruiting duties for the armed forces.
Assignment or detail to another Government agency or department.
Rest and recuperative leave.
Convalescent leave.
Reenlistment leave.
Reserve component inactive-duty training performed outside the normal commuting distance of the member's permanent residence.
Ready Reserve muster duty.
Unusual, extraordinary, hardship, or emergency circumstances.
Missing status, as determined by the Secretary concerned under chapter 10 of this title.
Attendance at or participation in international sports competitions described under section 717 of title 10.
Matters included
Travel and transportation allowances which may be provided under subsection (a) include the following:
Allowances for transportation, lodging, and meals.
Dislocation or relocation allowance paid in connection with a change in a member's temporary or permanent duty assignment location.
Other related miscellaneous expenses.
Mode of providing travel and transportation allowances
Any authorized travel and transportation may be provided—
as an actual expense;
as an authorized allowance;
in-kind; or
using a combination of the authorities under paragraphs (1), (2), and (3).
Travel and transportation allowances when travel orders are modified, Etc
A member of a uniformed service or other authorized person whose travel and transportation order or authorization is canceled, revoked, or modified may be allowed actual and necessary expenses or travel and transportation allowances.
Advance payments
A member of the uniformed services or other authorized person may be allowed advance payments for authorized travel and transportation allowances.
Responsibility for unauthorized expenses
Any unauthorized travel or transportation expense is not the responsibility of the United States.
Relationship to other authorities
The administering Secretary may not provide payment under this section for an expense for which payment may be provided from any other appropriate Government or non-Government entity.
Allowable travel and transportation: specific authorities
In general
In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel expenses and transportation expenses under this subchapter in accordance with this section:
Authorized absence from temporary duty location
A member of a uniformed service or other authorized traveler may be allowed travel expenses and transportation allowances incurred at a temporary duty location during an authorized absence from that location.
Movement of personal property
A member of a uniformed service or other authorized person may be allowed moving expenses and transportation allowances associated with the movement of personal property and household goods, including such expenses when associated with a self-move.
The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately-owned vehicles in connection with the temporary or permanent move between authorized locations.
For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 463 of this title. The prescribed weight allowances may not exceed 18,000 pounds (including packing, crating, and household goods in temporary storage), except that the administering Secretary may authorize additional weight allowances as necessary.
The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store a privately owned vehicle.
No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.
Unusual or emergency circumstances
A member of the uniformed services or other authorized person may be provided travel and transportation allowances under this section for unusual, extraordinary, hardship, or emergency circumstances, including under circumstances warranting evacuation from a permanent duty assignment location.
Particular separation provisions
The administering Secretary may provide travel and transportation in kind for the following persons in accordance with regulations prescribed under section 463 of this title:
A member who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10.
A member who is retired with pay under any other law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay.
A member who is discharged under section 1173 of title 10.
Attendance at memorial ceremonies and services
A family member or member of the uniformed services who attends a deceased member’s repatriation, burial, or memorial ceremony or service may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 463 of this title.
Travel and transportation pilot programs
Pilot programs
Except as otherwise prohibited by law, the Secretary of Defense may conduct pilot programs to evaluate alternative travel and transportation programs, policies, and processes for Department of Defense authorized travelers. Such pilot programs shall be conducted so as to evaluate one or more of the following:
Alternative methods for performing and reimbursing travel.
Means for limiting the need for travel.
Means for reducing the environmental impact of travel.
Waiver authority
Subject to subsection (c), the administering Secretary may waive any otherwise applicable provision of law to the extent determined necessary by the Secretary for the purposes of carrying out a pilot program under subsection (a).
Limitation
The authority to carry out a program under subsection (a) is subject to the availability of appropriated funds.
Administrative provisions
Relationship to other travel and transportation authorities
A member of a uniformed service or other authorized traveler may not be paid travel and transportation allowances or receive travel and transportation-in-kind, or a combination thereof, under both subchapter I and subchapter III for Government official travel and transportation performed under a single or related travel and transportation order or authorization by the administering Secretary.
Travel and transportation expenses paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment
Repayment required
Except as provided in subsection (b), a member of the uniformed services or other person who is paid travel and transportation allowances under subchapter I shall repay to the United States any amount of such payment that is determined to be unauthorized or in excess of the applicable authorized amount.
Exception
The regulations prescribed to administer this subchapter shall specify procedures for determining the circumstances under which a repayment exception may be granted.
Effect of bankruptcy
An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date on which the debt was incurred.
Regulations
This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall be apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.
Travel and Transportation Authorities—Old Law
Travel authorities transition expiration date
In this subchapter, the term travel
authorities transition expiration date
means the last day of the
10-year period beginning on the first day of the first month beginning after
the date of the enactment of this section.
Definitions and other incorporated provisions of chapter 7
Definitions
The provisions of section 401 of this title apply to this subchapter.
Other provisions
The provisions of sections 421 and 423 of this title apply to this subchapter.
.
Transfer of sections
Transfer to subchapter i
Section 412 of title 37, United States Code, is transferred to chapter 8 of such title, as added by subsection (b), inserted after section 454, and redesignated as section 455.
Transfer of current chapter 7 authorities to subchapter iii
Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 408, 408a, 409, 410, 411, 411a through 411k, 428 through 432, 434, and 435 of such title are transferred (in that order) to chapter 8 of such title, as added by subsection (b), inserted after section 472, and redesignated as follows:
| Section: | Redesignated Section: |
| 404 | 474 |
| 404a | 474a |
| 404b | 474b |
| 405 | 475 |
| 405a | 475a |
| 406 | 476 |
| 406a | 476a |
| 406b | 476b |
| 406c | 476c |
| 407 | 477 |
| 408 | 478 |
| 408a | 478a |
| 409 | 479 |
| 410 | 480 |
| 411 | 481 |
| 411a | 481a |
| 411b | 481b |
| 411c | 481c |
| 411d | 481d |
| 411e | 481e |
| 411f | 481f |
| 411g | 481g |
| 411h | 481h |
| 411i | 481i |
| 411j | 481j |
| 411k | 481k |
| 428 | 488 |
| 429 | 489 |
| 430 | 490 |
| 432 | 492 |
| 434 | 494 |
| 435 | 495 |
Transfer of section 554
Section 554 of such title is transferred to chapter 8 of such title, as added by subsection (b), inserted after section 481k (as transferred and redesignated by paragraph (2)), and redesignated as section 484.
Sunset of old-Law authorities
Provisions of subchapter III of chapter 8 of title 37, United States Code, as transferred and redesignated by paragraphs (2) and (3) of subsection (c), are amended as follows:
Section 474 is amended by adding at the end the following new subsection:
Termination
No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 474a is amended by adding at the end the following new subsection:
Termination
No payment or reimbursement may be provided under this section with respect to a change of permanent station for which orders are issued after the travel authorities transition expiration date.
.
Section 474b is amended by adding at the end the following new subsection:
Termination
No payment or reimbursement may be provided under this section with respect to an authorized absence that begins after the travel authorities transition expiration date.
.
Section 475 is amended by adding at the end the following new subsection:
Termination
During and after the travel authorities expiration date, no per diem may be paid under this section for any period.
.
Section 475a is amended by adding at the end the following new subsection:
Termination
During and after the travel authorities expiration date, no allowance under subsection (a) or transportation or reimbursement under subsection (b) may be provided with respect to an authority or order to depart.
.
Section 476 is amended by adding at the end the following new subsection:
Termination
No transportation, reimbursement, allowance, or per diem may be provided under this section—
with respect to a change of temporary or permanent station for which orders are issued after the travel authorities transition expiration date; or
in a case covered by this section when such orders are not issued, with respect to a movement of baggage or household effects that begins after such date.
.
Section 476b is amended by adding at the end the following new subsection:
Termination
No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 476c is amended by adding at the end the following new subsection:
Termination
No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 477 is amended by adding at the end the following new subsection:
Termination
No dislocation allowance may be paid under this section for a move that begins after the travel authorities transition expiration date.
.
Section 478 is amended by adding at the end the following new subsection:
Termination
No travel and transportation allowance, payment, or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 479 is amended by adding at the end the following new subsection:
Termination
No transportation of a house trailer or mobile home, or storage or payment in connection therewith, may be provided under this section for transportation that begins after the travel authorities transition expiration date.
.
Section 481 is amended by adding at the end the following new subsection:
Termination
The regulations prescribed under this section shall cease to be in effect as of the travel authorities transition expiration date.
.
Section 481a is amended by adding at the end the following new subsection:
Termination
No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.
.
Section 481b is amended by adding at the end the following new subsection:
Termination
No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.
.
Section 481c is amended by adding at the end the following new subsection:
Termination
No transportation may be provided under this section after the travel authorities transition expiration date, and no payment may be made under this section for transportation that begins after that date.
.
Section 481d is amended by adding at the end the following new subsection:
Termination
No transportation may be provided under this section after the travel authorities transition expiration date.
.
Section 481e is amended by adding at the end the following new subsection:
Termination
No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 481f is amended by adding at the end the following new subsection:
Termination
No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 481h is amended by adding at the end the following new subsection:
Termination
No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 481i is amended by adding at the end the following new subsection:
Termination
No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.
.
Section 481j is amended by adding at the end the following new subsection:
Termination
No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 481k is amended by adding at the end the following new subsection:
Termination
No transportation, allowance, or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 484 is amended by adding at the end the following new subsection:
Termination
No transportation, allowance, or reimbursement may be provided under this section for a move that begins after the travel authorities transition expiration date.
.
Section 488 is amended—
by inserting
(a)
Authority.—
before In addition
; and
by adding at the end the following new subsection:
Termination
No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.
.
Section 489 is amended—
by inserting
(a)
Authority.—
before In addition
; and
by adding at the end the following new subsection:
Termination
No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 490 is amended by adding at the end the following new subsection:
Termination
No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 492 is amended by adding at the end the following new subsection:
Termination
No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
.
Section 494 is amended by adding at the end the following new subsection:
Termination
No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.
.
Section 495 is amended by adding at the end the following new subsection:
Termination
No allowance may be paid under this section for any day after the travel authorities transition expiration date.
.
Technical and clerical amendments
Chapter heading
The heading of chapter 7 of such title is amended to read as follows:
Allowances other than travel and transportation allowances
.
Table of chapters
The table of chapter preceding chapter 1 of such title is amended by striking the item relating to chapter 7 and inserting the following:
.
Table of sections
The table of sections at the beginning of chapter 7 of such title is amended by striking the items relating to sections 404 through 412, 428 through 432, 434, and 435.
Cross references
Any section of title 10 or 37, United States Code, that includes a reference to a section of title 37 that is transferred and redesignated by subsection (c) is amended so as to conform the reference to the section number of the section as so redesignated.
Any reference in a provision of law other than a section of title 10 or 37, United States Code, to a section of title 37 that is transferred and redesignated by subsection (c) is deemed to refer to the section as so redesignated.
Transition provisions
Implementation plan
The Secretary of Defense shall develop a plan to implement subchapters I and II of chapter 8 of title 37, United States Code, as added by section 611, and to transition all of the travel and transportation programs for members of the uniformed services under chapter 7 of title 37, United States Code, solely to provisions of those subchapters by the end of the transition period.
Authority for modifications to old law authorities during transition period
During the transition period, the Secretary of Defense and the Secretaries concerned, in using the authorities under subchapter III of chapter 8 of title 37, United States Code, as added by section 611(b), may apply those authorities subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan required under subsection (a) or in any subsequent modification to that implementation plan.
Coordination
The Secretary of Defense shall prepare the implementation plan under subsection (a) and any modification to that plan under subsection (b) in coordination with—
the Secretary of Homeland Security, with respect to the Coast Guard;
the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and
the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
Transition period
In this section, the term transition period
means the 10-year period beginning on the first day of the first month
beginning after the date of the enactment of this Act.
Health care provisions
Reserve component mental health student stipend
Reserve component mental health student stipend
Section 16201 of title 10, United States Code, is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection (f):
Mental health professionals in critical wartime specialties
Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who—
is eligible to be appointed as an officer in a reserve component;
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;
Signs an agreement that, unless sooner separated, the person will—
complete the educational phase of the program;
accept a
reappointment or redesignation within the persons reserve component, if
tendered, based upon the person
s health profession, following
satisfactory completion of the educational and intern programs; and
participate in a residency program if required for clinical licensure; and
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 which has been designated by the Secretary of Defense as a critically needed wartime skill.
Under the agreement—
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;
the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as an officer for service in the Ready Reserve;
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
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.
.
Cross-Reference amendments
Such section is further amended by striking
subsection (f)
in subsections (b)(2)(A), (c)(2)(A), and
(d)(2)(A) and inserting subsection (g)
.
Transition enrollment of Uniformed Services Family Health Plan Medicare-eligible retirees to Tricare for Life
Section 724(e) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended—
by striking
If a covered beneficiary
and inserting (1) Except as
provided in paragraph (2), if a covered beneficiary
; and
by adding at the end the following new paragraph:
After September 30, 2011, a covered beneficiary (other than a beneficiary under section 1079 of title 10, United States Code) who is also entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act due to age may not enroll in the managed care program of a designated provider unless the beneficiary was enrolled in that program on September 30, 2011.
.
Acquisition policy, acquisition management, and related matters
Revision to law relating to disclosures to litigation support contractors
In general
Revised authority to cover disclosures under litigation support contracts
Chapter 3 of title 10, United States Code, is amended by inserting after section 129c the following new section:
Disclosure to litigation support contractors
Disclosures
An officer or employee of the Department of Defense may disclose confidential commercial, financial, or proprietary information, technical data, or other privileged or sensitive information to a litigation support contractor if—
the disclosure is within the scope of the official duties of the officer or employee;
the disclosure is solely to enable the litigation support contractor to perform the services required under its contract with the Government; and
the litigation support contractor has executed an agreement with the Department prohibiting disclosure or use of the information except as authorized pursuant to its contract, the violation of which is itself a basis for the Government to exercise its right to terminate the contract.
Definition
In
this section, the term litigation support contractor
means a
contractor or individual (including an expert or technical consultant) under
contract with the Department of Defense to provide litigation support in the
form of administrative, technical, or professional services during or in
anticipation of
litigation.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129c the following new item:
129d. Disclosure to litigation support contractors.
.
Repeal of superseded provisions enacted in public law 111–383
Section 2320 of such title is amended—
in subsection (c)(2)—
by striking
subsection (a)
and all that follows through a covered
Government
and inserting subsection (a), allowing a covered
Government
; and
by striking subparagraph (B); and
by striking subsection (g).
Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and increase in cost limitation
Section 2253(a)(2) of title 10, United
States Code, is amended by striking at a cost of not more than $30,000
each
and inserting , but at a cost of not more than $45,000 each
for passenger sedans
.
Increase in dollar thresholds for authorities for acquisition of low-cost interests in land and unspecified minor construction projects for anti-terrorism and force protection purposes
Acquisition of low-Cost interests in land
Section 2663(c)(2)(A) of title 10, United States Code, is amended—
by striking
needed solely
and inserting
needed—
solely
;
by striking
; and
and inserting ; or
; and
by adding at the end the following new clause:
for anti-terrorism and force protection requirements; and
.
Unspecified minor construction
Section 2805 of such title is amended—
in subsection
(a)(2), by inserting or for anti-terrorism and force protection
requirements,
after safety-threatening,
; and
in subsection (c)(1)(a)—
by striking
intended solely
and inserting
intended—
solely
; and
by adding at the end the following new clause:
for anti-terrorism and force protection requirements; or
.
Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel
Section 1017 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2379) is repealed.
Investment threshold increase for contingency operations
Enhanced authority for overseas contingency operations
Funds made available to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost greater than the amount specified in section 2254a of title 10, United States Code, but not greater than $750,000, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a commander of a combatant command engaged in contingency operations overseas. The authority in the preceding sentence may not be used in the case of a purchase of an item that is centrally managed or an item that is part of a program of record.
Expiration of authority
The authority provided in subsection (a) shall expire on September 30, 2012.
Limited additional authority for delegation to make determinations that cooperative research and development projects will improve conventional defense capabilities
Section 2350a(b)(2) of title 10, United States Code, is amended—
by inserting
, to the Under Secretary of Defense for Acquisition, Technology, and
Logistics,
after the Deputy Secretary of Defense
; and
by inserting
who is appointed by the President, by and with the advice and consent of
the Senate
before the period at the end.
Extension to all contractor employees of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under government contracts
Allowable costs under defense contracts
Certain compensation not allowable
Subsection (e)(1)(P) of section 2324
of title 10, United States Code, is amended by striking senior
executives
and inserting employees
.
Conforming amendment
Subsection (l) of such section is amended by striking paragraph (5).
Allowable costs under non-Defense contracts
Certain compensation not allowable
Subsection (a)(16) of section 4304 of
title 41, United States Code, is amended by striking senior
executives
and inserting employees
.
Conforming amendment
Section 4301 of such title is amended by striking paragraph (4).
Effective date
The amendments made by this section—
shall be implemented in the Federal Acquisition Regulation within 180 days after the date of the enactment of this Act; and
shall apply with respect to costs of compensation incurred after January 1, 2012, under covered contracts entered into before, on, or after the date of the enactment of this Act.
Treatment of critical cost growth in major defense acquisition programs when cost growth is primarily due to quantity changes
Section 2433a of title 10, United States Code, is amended—
in subsection
(b)(1), by inserting (except as provided under subsection (e))
after the Secretary shall
; and
by adding at the end the following new subsection:
Inapplicability in the event of quantity changes
If after conducting the reassessment required by subsection (a) with respect to a major defense acquisition program, the Secretary makes the determinations specified in paragraph (2), then upon submission to Congress of the statement specified in paragraph (3), the provisions of subsection (b) shall not apply with respect to that program by reason of the increase in unit cost that resulted in the reassessment being conducted.
The determinations specified in this paragraph are the following:
A determination by the Secretary, taking into consideration the results of the root cause analysis conducted pursuant to paragraph (1) of subsection (a) as part of the reassessment—
that the increase in unit cost was due primarily to variation in the quantity of items to be purchased under the program; and
that such variation in quantity was not made as a result of that increase in unit cost.
A further determination by the Secretary, taking into consideration the results of the cost assessment conducted pursuant to paragraph (2) of subsection (a) as part of the reassessment, that it is in the best interests of the Government not to terminate the program, notwithstanding the increase in unit cost.
A statement under this paragraph with respect to an increase in unit cost is a written statement submitted by the Secretary to Congress—
that is submitted before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 2433(g) of this title relating to that increase in unit cost is required to be submitted under section 2432(f) of this title; and
in which the Secretary states—
that the increase in unit cost is primarily attributable to variation in quantity; and
that it is in the best interests of the Government not to terminate the program notwithstanding the increase in unit cost.
.
Extension of availability of funds in the Defense Acquisition Workforce Development Fund
Availability
Section
1705(e)(6) of title 10, United States Code, is amended by striking under
subsection (d)(2)
and inserting (whether by credit in accordance
with subsection (d)(2), by transfer pursuant to subsection (d)(3), by direct
appropriation, or by deposit)
.
Effective date
The amendment made by subsection (a) shall not apply to funds in the Department of Defense Acquisition Workforce Development Fund as of the date of the enactment of this Act.
Clarifying amendment
Such section is further amended by striking
expenditure
and inserting obligation
.
Authority to designate increments or blocks of space vehicles as major subprograms
Section 2430a(a)(1) of title 10, United States Code, is amended—
by inserting
(A)
before If the Secretary of Defense
determines
; and
by adding at the end the following new subparagraph:
If the Secretary of Defense determines that a major defense acquisition program to purchase space vehicles requires the delivery of two or more increments or blocks of space vehicles, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this chapter.
.
Special emergency procurement authority
Limited authority for use of outside-the-United-States Thresholds
Subject to subsection (b), the Under Secretary of Defense for Acquisition, Technology, and Logistics may authorize the head of a contracting activity located in the United States, when awarding a contract or making a purchase in direct support of Operation Enduring Freedom or Operation New Dawn, to use the overseas increased micro-purchase threshold and the overseas increased simplified acquisition threshold in the same manner as if the contract were to be to be awarded and performed, or the purchase was to be made, outside the United States.
Limitations
Only one contracting activity at a time
The authority of the Under Secretary under subsection (a) may be exercised with respect to only one contracting activity at any time.
Non-delegation
The authority of the Under Secretary under subsection (a) may not be delegated.
Definitions
In this section:
Overseas increased micro-purchase threshold
The term overseas
increased micro-purchase threshold
means the amount specified in
paragraph (1)(B) of section 1903(b) of title 41, United States Code.
Overseas increased simplified acquisition threshold
The term
overseas increased simplified acquisition threshold
means the
amount specified in paragraph (2)(B) of section 1903(b) of title 41, United
States Code.
Repeal or revision of certain acquisition-related provisions enacted in fiscal year 2011 National Defense Authorization Act
Enhancement of review of acquisition process for rapid fielding of capabilities in response to urgent operational needs
Subsection (b)(3) of section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amended—
by inserting
and
at the end of subparagraph (B);
by striking
; and
at the end of subparagraph (C) and inserting a period; and
by striking subparagraph (D).
Repeal of duplicative requirement for secretary of defense guidance concerning management of manufacturing risk in major defense acquisition programs
Section 812 of such Act (Public Law 111–383; 124 Stat. 4264; 10 U.S.C. 2430 note) is repealed.
Repeal of defense research and development rapid innovation program
Section 1073 of such Act (Public Law 111–383; 124 Stat. 4366; 10 U.S.C. 2359a note) is repealed.
Access to contractor and subcontractor records for contracts with foreign entities in support of contingency operations in the United States Central Command area of responsibility
Requirement
In the case of any contract or purchase order to be awarded, or task or delivery order to be issued, by the Department of Defense for performance in support of a contingency operation in the United States Central Command area of responsibility, the contract or purchase order may be awarded, or the task or delivery order issued, only if—
in the case of contract or purchase order to be awarded, or task or delivery order to be issued, to a foreign entity, the foreign entity agrees to provide access to the Secretary of Defense, acting through an authorized representative, to examine all records of such foreign entity relating to the contract or order; and
the entity to be awarded the contract or purchase order, or to be issued the task or delivery order, agrees to require that, if any subcontract is to be awarded to a foreign entity under the contract or purchase order or the task or delivery order, the foreign entity must agree to provide access to the Secretary of Defense, acting through an authorized representative, to examine all records of such foreign entity relating to the subcontract.
Combatant commander waiver authority
The commander of the United States Central Command may authorize a waiver of subsection (a) in any case in which the commander determines that such a waiver is in the best interest of the Government.
Revision to covered programs subject to certification pursuant to sections 2366a and 2366b of title 10, United States Code
Repeal of application of certification requirement to ongoing programs
Section 204 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 Stat. 1723), is amended by striking subsection (c).
Key decision point approval in case of space program
Certification
Subsection (a) of section 2366a of title 10, United States Code, is amended—
by striking
or Key Decision Point A approval in the case of a space
program,
; and
by striking
or Key Decision Point B approval in the case of a space
program,
.
Notification
Subsection (b) of such section is amended—
in paragraph (1),
by striking (or Key Decision Point A approval in the case of a space
program)
; and
in paragraph
(2)(C)(ii), by striking or Key Decision Point A approval in the case of
a space program,
;
Conforming amendment
The heading of such section is amended by striking
or Key Decision Point A
.
Clerical amendment
The table of sections at the beginning of chapter 139 of such title is amended by striking the item related to section 2366a and inserting the following new item:
2366a. Major defense acquisition programs: certification required before Milestone A approval.
.
Five-year extension of Department of Defense Mentor-Protege Pilot Program
Extension of program
Subsection (j) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—
in paragraph (1),
by striking September 30, 2010
and inserting September
30, 2015
; and
in paragraph (2),
by striking September 30, 2013
and inserting September
30, 2018
.
Extension of requirement for annual report
Subsection (l)(3) of such section
is amended by striking 2010
and inserting 2015
.
Restriction on contracting and voiding contracts and subcontracts in support of contingency operations in the United States Central Command theater of operations
During a contingency operation, the Secretary of Defense, through the commander of a combatant command, may determine, based upon credible evidence, that a foreign entity or individual is supporting an insurgency or otherwise opposing United States or coalition forces. The commander of the combatant command shall notify the responsible head of the contracting activity in writing of all such adverse entity determinations.
Upon notification from the commander of a combatant command of an adverse entity determination made pursuant to subsection (a), the head of the contracting activity shall review all contracts and subcontracts issued under the authority of that contracting activity to determine whether any such adverse entity is currently performing under contract or subcontract with the contracting activity. The head of the contracting activity shall notify the commander if any adverse entity is performing under a contract or subcontract.
With respect to any contract or subcontract identified pursuant to subsection (b), the head of the contracting activity may void any such contract or direct the prime contractor to void any such subcontract in accordance with applicable regulations prescribed pursuant to this section.
Department of Defense organization and management
Intelligence-Related matters
Appropriations for Defense intelligence elements
In general
Chapter 21 of title 10, United States Code, is amended by inserting after section 428 the following new section:
Appropriations for Defense intelligence elements
Accounts for appropriations for Defense intelligence elements
Notwithstanding any other provision of law and in addition to any other transfer authority available to the Department of Defense, the Secretary of Defense may transfer appropriations of the Department of Defense which are available to the Department of Defense for intelligence, intelligence-related activities and communications, to an account or accounts established by the Secretary of the Treasury for receipt of such transfers. Such an account or accounts may also receive transfers from the Director of National Intelligence, and transfers and reimbursements arising from transactions, as authorized by law, between the Defense intelligence elements and other entities. Appropriation balances in such an account or accounts may be transferred back to the account or accounts from which they originated as appropriation refunds.
Availability of appropriations
Appropriations transferred pursuant to subsection (a) shall remain available for the same time period, and shall be available for the same purposes, as the appropriations from which they were transferred.
Defense intelligence elements defined
In this section, the term
Defense intelligence elements
means the Department of Defense
agencies, offices, and elements included within the definition of
intelligence community
under section 3(4) of the National
Security Act of 1947 (50 U.S.C.
401a(4)).
.
Clerical amendment
The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item:
429. Appropriations for Defense intelligence elements.
.
Authority to credit military graduates of the National Defense Intelligence College with completion of Joint Professional Military Education Phase I
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.
Joint intermediate level school defined
Section 2151(b) of such title is amended by adding at the end the following new paragraph:
The term
joint intermediate level school
includes the National Defense
Intelligence
College.
.
Broadening of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions
Broadening of authority
Section 454 of title 10, United States Code, is amended—
by inserting
(a) Foreign countries and
international organizations.—
before The
Secretary of Defense
; and
by adding at the end the following new subsection:
Nongovernmental organizations and academic institutions
The Secretary may authorize the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services relating to areas outside of the United States to a nongovernmental organization or an academic institution engaged in geospatial information research or production of such areas pursuant to an agreement for the production or exchange of such data.
.
Conforming amendments
Section heading
The heading of such section is amended to read as follows:
Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions
.
Table of sections
The item relating to such section in the table of sections at the beginning of subchapter II of chapter 22 of such title is amended to read as follows:
454. Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions.
Facilities for intelligence collection or special operations activities abroad
Section 2682 of title 10, United States Code, is amended—
by inserting
(a) Maintenance and
repair.—
before The maintenance and
repair
;
by designating the
second sentence as subsection (b) and, as so designated, by inserting
Jurisdiction.—
before A real
property facility
; and
by adding at the end the following new subsection:
Facilities for intelligence collection or for special operations abroad
The Secretary of Defense may maintain and repair, and may exercise jurisdiction over, a real property facility if necessary to provide security for authorized intelligence collection or special operations activities abroad undertaken by the Department of Defense.
.
Space activities
Revisions to policy on development and procurement of unmanned systems
Revision to required policy
Subsection (a) of section 941 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2083) is amended—
by striking
on
and inserting for the conduct of
;
by striking
procurement, and operation
and inserting and for the
conduct of procurement,
;
by inserting
manned and
before unmanned systems
; and
by inserting
in a manner that is fiscally responsible and enhances warfighter
capability
before the period at the end.
Modification to elements of policy
Subsection (b) of such section is amended—
by striking paragraphs (1) and (2) and inserting the following new paragraphs:
An identification of those Department of Defense capabilities for which manned and unmanned systems may address potential needs.
A thorough and objective consideration of the acquisition of manned and unmanned systems whenever a new system is to be acquired to meet a capability requirement.
;
in paragraph (5),
by striking , including
and all that follows through on
unmanned systems
; and
in paragraph (6),
by striking missions
and inserting
capabilities
.
Roadmap
Such section is further amended—
by striking subsection (d);
by redesignating subsection (c) as subsection (d);
by inserting after subsection (b) the following new subsection (c):
Roadmap
The Secretary of Defense shall prepare and update periodically a roadmap for the policy required by subsection (a) that includes—
goals for the development of unmanned system technologies to address capabilities identified pursuant to subsection (b)(1); and
plans to address technical, operational, and production challenges, and gaps in capabilities, with respect to unmanned systems.
; and
in subsection (d),
as redesignated by paragraph (2), by inserting , and implement the
roadmap required by subsection (c),
after subsection
(a)
.
Conforming amendment
The heading of such section is amended by inserting
manned and
before
unmanned
.
Commercial space launch cooperation
Commercial space launch cooperation authority
Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:
Commercial space launch cooperation
Authority
The Secretary of Defense and the Administrator of the National Aeronautics and Space Administration may, to assist the Secretary of Transportation in carrying out responsibilities set forth in titles 49 and 51 with respect to private sector involvement in commercial space transportation activity and public-private partnerships pertaining to space transportation infrastructure, take such actions as each considers to be in the best interest of the Government to—
maximize the use of the capacity of Department of Defense or National Aeronautics and Space Administration space transportation infrastructure by the United States private sector;
maximize the effectiveness and efficiency of Department of Defense or National Aeronautics and Space Administration space transportation infrastructure;
reduce the cost of services provided by the Department of Defense or National Aeronautics and Space Administration at launch support facilities and space recovery support facilities;
encourage commercial space activities by enabling investment in Department of Defense or National Aeronautics and Space Administration space transportation infrastructure by United States non-federal entities; and
foster cooperation between the Department of Defense or the National Aeronautics and Space Administration and United States non-federal space transportation entities.
Contributions
The Secretary of Defense and the Administrator of the National Aeronautics and Space Administration may each enter into agreements with United States non-federal entities on a cooperative and voluntary basis to accept contributions of funds, property, and services to carry out this section. Any funds, property, or services accepted under this subsection shall be used only for the objectives specified in this section in accordance with terms of use to be determined by agreement between the contributor and the Secretary or Administrator, and shall be managed by the Secretary or Administrator in accordance with, respectively, Department of Defense and National Aeronautics and Space Administration regulations. Any such agreement shall address terms of use, ownership, and disposition of resources, as well as possible benefits accruing to non-federal entities that are not a party to the agreement.
Inclusion of commercial requirements in contracts
The Secretary of Defense and the Administrator of the National Aeronautics and Space Administration may each include, upon request by a United States commercial launch entity, commercial space launch and support requirements in Department of Defense or National Aeronautics and Space promise Administration space launch and reentry range support requirements if—
the Secretary or the Administrator, as the case may be, determines that the inclusion of such commercial space launch and support requirements—
is in the best interest of the Government;
does not interfere with the requirements of, respectively, the Department of Defense or the National Aeronautics and Space Administration; and
does not compete with the commercial space activities of United States commercial space entities unless otherwise in furtherance of national security; and
any commercial requirement included in a Department of Defense or National Aeronautics and Space Administration contract has full non-federal funding before the execution of such contract.
Defense Cooperation Space Launch Account
Establishment
There
is established in the Treasury of the United States a special account to be
known as the Defense Cooperation Space Launch Account
.
Crediting of funds
Funds received by the Secretary of Defense under subsection (b) shall be credited to the Defense Cooperation Space Launch Account and shall be available until expended without further authorization or appropriation only for the objectives specified in this section.
Investment of funds
The Secretary of Defense may request the Secretary of the Treasury to invest such portion of the Defense Cooperation Space Launch Account that is not, in the judgment of the Secretary of Defense, required to meet the current needs of the account. Such investments shall be made by the Secretary of the Treasury in public debt obligations, with maturities suitable to the needs of the fund, as determined by the Secretary of Defense, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparative maturities.
Annual report
Not later than January 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the funds accepted and expended by the Secretary under this section during the previous fiscal year.
Definitions
In this section:
Launch support facilities
The term launch support facilities
has
the meaning given that term in section 50501(7) of title 51.
Space recovery support facilities
The term space recovery support
facilities
has the meaning given that term in section 50501(11) of
title 51.
Space transportation infrastructure
The term space
transportation infrastructure
has the meaning given that term in
section 50501(12) of title
51.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
2275. Commercial space launch cooperation.
.
Regulations
The Secretary of Defense shall prescribe regulations relating to the activities of the Department of Defense under section 2275 of title 10, United States Code, as added by subsection (a).
General provisions
Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function
Repeal
Section 226 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 226.
Revision to conditions on status of retired aircraft carrier ex-John F. Kennedy
Section 1011(c)(2) of
the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 120 Stat. 2374) is amended by striking shall
require
and all that follows and inserting may, notwithstanding
paragraph (1), demilitarize the vessel in preparation for the
transfer.
.
Authority to provide information for maritime safety of forces and hydrographic support
Authority
Part IV of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter:
Maritime safety of forces
Sec.
7921. Safety and effectiveness information; hydrographic information.
Safety and effectiveness information; hydrographic information
Safety and effectiveness information
The Secretary of the Navy shall maximize the safety and effectiveness of all maritime vessels, aircraft, and forces of the armed forces by means of—
marine data collection;
numerical weather and ocean prediction; and
forecasting of hazardous weather and ocean conditions.
The Secretary may extend similar support to forces of the North Atlantic Treaty Organization, and to coalition forces, that are operating with the armed forces.
Hydrographic information
The Secretary of the Navy shall collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support preparation of maps, charts, books, and geodetic products by that Agency.
.
Clerical amendment
The table of chapters at the beginning of subtitle C of such title, and the table of chapters at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 667 the following new item:
.
Deposit of reimbursed funds under reciprocal fire protection agreements
Section 5(b) of the Act of May 27, 1955 (42 U.S.C. 1856d(b)) is amended to read as follows:
Notwithstanding subsection (a), all sums received as reimbursement for costs incurred by any Department of Defense activity for fire protection rendered pursuant to this Act shall be credited to the same appropriation or fund from which the expenses were paid or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund that is currently available to the activity for the same purpose. Amounts so credited shall be subject to the same provisions and restrictions as the appropriation or account to which credited.
.
Repeal of strategic airlift aircraft inventory requirement
Repeal
Section 8062 of title 10, United States Code, is amended by striking subsection (g).
Conforming amendments
Subsection (d)(3) of section 137 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2221) is amended—
By striking
that—
and all that follows through (A) the
retirement
and inserting that the retirement
;
by striking
Strategy; and
and inserting Strategy.
; and
by striking subparagraph (B).
Change in name of the Industrial College of the Armed Forces to the Dwight D. Eisenhower School for National Security and Resource Strategy at the National Defense University
Change in name
The Industrial College of the Armed Forces is hereby renamed
the Dwight D. Eisenhower School for National Security and Resource
Strategy
.
Conforming amendment
Section 2165(b)(2) of title 10, United States Code, is
amended by striking Industrial College of the Armed Forces
and
inserting Dwight D. Eisenhower School for National Security and Resource
Strategy
.
References
Any reference to the Industrial College of the Armed Forces in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Dwight D. Eisenhower School for National Security and Resource Strategy.
Establishment of the Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs
Establishment of fund
New transfer account
Chapter 131 of title 10, United States Code, is amended by inserting after section 2216 the following new section:
Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund
Establishment
There
is established in the Treasury an account to be known as the Joint
Urgent Operational Needs Fund
.
Use of funds
Funds in the Joint Urgent Operational Needs Fund shall be available to the Secretary of Defense for the purpose of providing equipment, supplies, services, training, and facilities to facilitate the resolution of urgent operational needs as determined by the Secretary.
Transfer authority
Transfers authorized
Amounts in the Joint Urgent Operational Needs Fund may be transferred by the Secretary of Defense from the Joint Urgent Operational Needs Fund to any of the following accounts and funds of the Department of Defense to accomplish the purpose stated in subsection (b):
Operation and maintenance accounts.
Procurement accounts.
Research, development, test, and evaluation accounts.
Additional authority
The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.
Transfers back to the fund
Upon determination by the Secretary of Defense that all or part of the funds transferred from the Joint Urgent Operational Needs Fund under paragraph (1) are not necessary for the purpose for which transferred, such funds may be transferred back to the Joint Urgent Operational Needs Fund.
Effect on authorization amounts
A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2216 the following new item:
2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund.
.
Commencement of fund
No funds may be appropriated for the Joint Urgent Operational Needs Fund established under section 2216a of title 10, United States Code, as added by subsection (a), for a fiscal year before fiscal year 2012.
Fiscal year 2012 authorization
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Joint Urgent Operational Needs Fund established under section 2216a of title 10, United States Code, as added by subsection (a), in the amount of $200,000,000.
Ratemaking procedures for Civil Reserve Air Fleet contracts
In general
Chapter 931 of title 10, United States Code, is amended by inserting after section 9511 the following new section:
Civil Reserve Air Fleet contracts: payment rate
Authority
The Secretary of Defense shall determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet program. Such rate of payment shall be determined in accordance with—
the methodology and ratemaking procedures in effect on the date of the enactment of this section; and
such other procedures as the Secretary may prescribe by regulation.
Regulations
The Secretary of Defense shall prescribe regulations for purposes of subsection (a). Such regulations shall include a process for modifying the ratemaking methodology referred to in paragraph (1) of that subsection. The Secretary may exclude from the applicability of those regulations any airlift services contract made through the use of competitive procedures.
Commitment of aircraft as a business factor
The Secretary may, in determining the quantity of business to be received under an airlift services contract for which the rate of payment is determined in accordance with subsection (a), use as a factor the relative amount of airlift capability committed by each air carrier to the Civil Reserve Air Fleet.
Inapplicable provisions of law
An airlift services contract for which the rate of payment is determined in accordance with subsection (a) shall not be subject to the provisions of section 2306a of this title or to the provisions of subsections (a) and (b) of section 1502 of title 41.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9511 the following new item:
9511a. Civil Reserve Air Fleet contracts: payment rate.
Initial regulations
Regulations shall be prescribed under section 9511a(b) of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.
Two-year extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia
Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as most recently amended by section 1011 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–343; 124 Stat. 4346), is further amended—
in subsection
(a)(1), by striking 2011
and inserting 2013
;
and
in subsection (c),
by striking 2010
and inserting 2013
.
Two-year extension of authority for joint task forces to provide support to law enforcement agencies conducting counter–terrorism activities
Section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 371
note), as most recently amended by section 1012(a) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat.
4346), is further amended by striking 2011
and inserting
2013
.
Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts
Exclusive jurisdiction
Section 1491(b) of title 28, United States Code, is amended by adding at the end the following new paragraph:
Jurisdiction over any action described in paragraph (1) arising out of a maritime contract, or a solicitation for a proposed maritime contract, shall be governed by this section and shall not be subject to the jurisdiction of the district courts of the United States under the Suits in Admiralty Act (chapter 309 of title 46) or the Public Vessels Act (chapter 311 of title 46).
.
Effective date
The amendment made by subsection (a) shall apply to any cause of action filed on or after the first day of the first month beginning more than 30 days after the date of the enactment of this Act.
Management of Department of Defense installations
Secretary of defense authority
Chapter 159 of title 10, United States Code, is amended by inserting after section 2671 the following new section:
Protection of property
In general
The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
Officers and agents
Designation
The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
Powers
Subject to subsection (f), while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may—
enforce Federal laws and regulations for the protection of persons and property;
carry firearms;
make arrests—
without a warrant for any offense against the United States committed in the presence of the officer or agent; or
for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
serve warrants and subpoenas issued under the authority of the United States; and
conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.
Regulations
In general
The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.
Penalties
A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.
Facilities and services of other agencies
In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.
Authority outside federal property
For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers.
Attorney general approval
The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.
Limitation on statutory construction
Nothing in this section shall be construed to—
preclude or limit the authority of any Federal law enforcement agency;
restrict the authority of the Secretary of Homeland Security or of the Administrator of General Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;
expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
affect chapter 47 of this title; or
restrict any other authority of the Secretary of Defense or the Secretary of a military department.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2671 the following new item:
2672. Protection of property.
.
Authority for use of amounts recovered for damage to Government property
Extension to personal property
The first sentence of section 2782 of title 10,
United States Code, is amended by striking real property
both
places it appears and inserting Government property
.
Availability of recovered funds
The second sentence of such section is amended—
by striking
In such amounts as are provided in advance in appropriation Acts,
amounts
and inserting Amounts
;
by inserting
merged with, and
before available for use
;
by inserting
and for the same period
after same purposes
;
and
by inserting a
comma after circumstances as
.
Clerical amendments
Section heading
The heading of such section is amended by striking
real
and inserting
Government
.
Table of sections
The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows:
2782. Damage to Government property; disposition of amounts recovered.
.
Treatment under Freedom of Information Act of certain Department of Defense critical infrastructure information
In general
Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
Treatment under Freedom of Information Act of critical infrastructure information
Exemption
Department of Defense critical infrastructure information that, if disclosed, may result in the disruption, degradation, or destruction of Department of Defense operations, property, or facilities, shall be exempt from disclosure pursuant to section 552(b)(3) of title 5.
Information provided to state and local governments
Department of Defense critical infrastructure information obtained by a State or local government from a Federal agency shall remain under the control of the Federal agency, and a State or local law authorizing or requiring such a government to disclose information shall not apply to such critical infrastructure information.
Definition
In
this section, the term Department of Defense critical infrastructure
information
, as determined by the Secretary of Defense, means sensitive
but unclassified information related to critical infrastructure or protected
systems owned or operated by or on behalf of the Department of Defense,
including vulnerability assessments prepared by or on behalf of the Department
of Defense, explosives safety information (including storage and handling), and
other site-specific information on or relating to installation
security.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended at the end by adding the following new item:
130e. Treatment under Freedom of Information Act of certain critical infrastructure information.
.
Exemption from Freedom of Information Act for data files of the Military Flight Operations Quality Assurance systems of the military departments
Exemption
Chapter 134 of title 10, United States Code, is amended by inserting after section 2254 the following new section:
Data files of Military Flight Operations Quality Assurance systems: exemption from disclosure under Freedom of Information Act
Authority To Exempt Certain Data Files From Disclosure Under FOIA
The Secretary of a military department may exempt data files of the Military Flight Operations Quality Assurance system of that military department from disclosure under section 552 of title 5. The preceding sentence shall be considered a statute described in paragraph (3) of section 552(b) of title 5.
In this section,
the term data files
means files of the Military Flight
Operations Quality Assurance system (in this section referred to as
MFOQA
) that contain the data acquired or generated by the MFOQA
system, including data bases containing raw MFOQA data and all analysis and
reports generated by the MFOQA system or which are derived from MFOQA
data.
The exempted status of information contained in data files exempt from disclosure pursuant paragraph (1) shall be exempt from disclosure pursuant to section 552(b)(3)(B) of title 5 of the United States Code even when such information in contained in data files that are not exempt from disclosure in their entireties.
The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the enactment of this section and which specifically cites and repeals or modifies those provisions.
Regulations
The Secretary of each military department shall prescribe regulations for the administration of this section. Such regulations may not delegate the Secretary's authority under this section to an officer or employee of that military department at a level lower than a member of the Senior Executive Service or to a member of the armed forces at a level below a general or flag officer.
.
Clerical amendment
The table of sections at the beginning of subchapter II of such chapter is amended by inserting after the item relating to section 2254 the following new item:
2254a. Data files of Military Flight Operations Quality Assurance systems: exemption from disclosure under Freedom of Information Act.
.
One-year extension of authority to provide additional support for counter-drug activities of certain foreign governments
Subsection (a)(2) of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 1881), as most recently amended by section 1014(a) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383;
124 Stat. 4347), is amended by striking 2012
and inserting
2013
.
Extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies
One-Year extension of authority
Subsection (a) of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10
U.S.C. 374 note) is amended by striking During fiscal years 2002 through
2011
and inserting Until September 30, 2013
.
Coverage of tribal law enforcement agencies
Such section is further amended—
in subsection (a)—
in the matter
preceding paragraph (1), by inserting tribal,
after
local,
; and
in paragraph (2),
by striking State or local
both places it appears and insert
State, local, or tribal
; and
in subsection (b)—
in paragraph (1),
by striking State or local
and inserting State, local, or
tribal
;
in paragraph (4),
by striking State, or local
and inserting State, local,
or tribal
; and
in paragraph (5),
by striking State and local
and inserting State, local,
and tribal
.
Clarification of authority To provide certain nonlethal equipment or services
Subsection (b)(4) of such section is amended by
inserting before the period at the end the following: , including the
provision of nonlethal equipment or services necessary for the operation of
such bases or facilities, other than any equipment specifically identified in
section 1033 of the National Defense Authorization Act for Fiscal Year
1998
.
Quadrennial long-term plan for the procurement of aircraft for the Navy and the Air Force
In general
Section 231a of title 10, United States Code, is amended to read as follows:
Long-range plan for procurement of aircraft for the Navy and Air Force
Quadrennial aircraft procurement plan
At the same time that the budget of the President is submitted under section 1105(a) of title 31 during each year in which the Secretary of Defense submits a quadrennial defense review, the Secretary of Defense shall submit to the congressional defense committees a long-range plan for the procurement of covered aircraft for the Department of the Navy and the Department of the Air Force that supports the aviation force structure recommendations of the quadrennial defense review.
Matters included
Each aircraft procurement plan under subsection (a) shall include the following:
A detailed schedule for procurement of covered aircraft for the Department of the Navy and the Department of the Air Force for the 10-year period beginning on the date on which the plan is submitted.
A notional procurement schedule for the 20-year period beginning on the date that is 10 years after the date on which the plan is submitted.
For the procurement schedules under paragraph (1)—
the estimated levels of annual funding necessary to carry out such schedule;
a determination by the Director of Cost Assessment and Program Evaluation of the level of funding necessary to carry out such schedules; and
an evaluation by the Director of the potential risk associated with such schedules, including detailed effects on operational plans, missions, deployment schedules, and fulfillment of the requirements of the commanders of the combatant commands.
Assessment when aircraft procurement budget is insufficient
If the budget for a fiscal year provides for funding of the procurement of covered aircraft for either the Department of the Navy or the Department of the Air Force at a level that is less than the level determined necessary by the Director of Cost Assessment and Program Evaluation under subsection (b)(3)(B), the Secretary of Defense shall include with the defense budget materials for that fiscal year an assessment that describes and discusses the risks associated with the budget, including the risk associated with a reduced force structure of aircraft that may result from funding covered aircraft procurement at such level.
CBO evaluation
Not later than 60 days after the date on which the congressional defense committees receive the plan under subsection (a), the Director of the Congressional Budget Office shall submit to such committees a report assessing the sufficiency of the estimated levels of annual funding included in such plan with respect to the budget submitted during the year in which the plan is submitted and the future-years defense program submitted under section 221 of this title.
Definitions
In this section:
The term
covered aircraft
means the following:
Fighter aircraft.
Attack aircraft.
Bomber aircraft.
Strategic lift aircraft.
Intratheater lift aircraft.
Intelligence, surveillance, and reconnaissance aircraft.
Tanker aircraft.
Any other major support aircraft designated by the Secretary of Defense for purposes of this section.
The term
budget
, with respect to a fiscal year, means the budget for that
fiscal year that is submitted to Congress by the President under section
1105(a) of title 31.
The term
defense budget materials
, with respect to a fiscal year, means
the materials submitted to Congress by the Secretary of Defense in support of
the budget for that fiscal year.
The term
quadrennial defense review
means the review of the defense
programs and policies of the United States that is carried out every four years
under section 118 of this
title.
.
Clerical amendment
The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 231a and inserting the following new item:
231a. Long-range plan for procurement of aircraft for the Navy and the Air Force.
.
Authorization for Department of Defense to carry out personnel recovery reintegration and post-isolation support activities
Authority
The Secretary of Defense may carry out—
reintegration activities for recovered Department of Defense personnel; and
post-isolation support activities on behalf of any other recovered person who is a United States Government, allied, or coalition person or a private United States or foreign national citizen.
As part of such activities, the Secretary may—
provide food, clothing, and essential sundry items for the recovered person;
pursuant to section 411j(d) of title 37, United States Code, provide transportation of not more than 3 family members or designated individuals, as determined by the attending physician or the commander or head of the military medical facility, to be appropriate for reintegration decompression of the recovered person and whose presence may contribute to the health and welfare of the recovered person; and
provide funding for the recovered person’s attendance at events or functions determined by the attending physician or the commander or head of the military medical facility to contribute to the recovered person’s psychological health.
The Secretary shall ensure that expenditure for activities under this section are in the best interest of the Government.
Definitions
For the purposes of this section:
Recovered person
The term recovered person
means an
individual returned alive who was separated (as an individual or group) while
participating in a United States-sponsored military activity or mission and who
was in a situation of isolation, detention, or captivity by a hostile
entity.
Reintegration
The
term reintegration
means the process carried out by the
Department of Defense with respect to any recovered Department of Defense
personnel immediately following the termination of an isolating event
to—
debrief the recovered person;
decompress the recovered person;
provide for the physical and mental health of the recovered person; and
return the recovered person to duty as expeditiously as possible.
Post-Isolation support
The term post-isolation support
means
support provided by the Department of Defense to a recovered non-Department
person immediately following the termination of an isolating event to—
debrief the recovered person;
decompress the recovered person;
provide for the physical and mental health of the recovered person; and
return the recovered person to the person's normal life as expeditiously as possible.
Pilot program to provide incremental support to nongovernmental organizations participating in humanitarian and civic assistance activities in the area of operations of United States Southern Command
Pilot program
During fiscal years 2012 and 2013, the Secretary of Defense may use funds available for operation and maintenance to provide incremental support to nongovernmental organizations participating with the Armed Forces in humanitarian and civic assistance activities in the area of operations of the United States Southern Command under section 401 of title 10, United States Code, when providing such support is anticipated to add to the effectiveness of the Armed Forces in conducting the humanitarian and civic assistance activities or to add to the operational readiness skill levels of members of the Armed Forces participating in the humanitarian and civic assistance activities.
Limitation
The amount of funds obligated under this section may not exceed $500,000 during fiscal year 2012 and $600,000 during fiscal year 2013.
Authorized expenses
Support provided to a nongovernmental organization under subsection (a) may include expenses for the reasonable and proper cost of lodging, subsistence, and transportation incurred by the nongovernmental organization as a direct result of that organization’s participation in humanitarian and civic assistance activities, but may not include pay, allowances, and other administrative costs of such organization.
Independent study required
Selection of independent study organization
No later than September 30, 2013, the Commander of the United States Southern Command shall select and enter into an agreement with an appropriate, independent, nonprofit organization to conduct a study of the matters described in paragraph (3).
Qualifications of organization selected
The organization selected shall be qualified on the basis of having relevant expertise in the provision of international humanitarian assistance and the coordination between Federal agencies and nongovernmental organizations in providing humanitarian assistance, and on the basis of other criteria the Commander of the United States Southern Command may determine.
Matters to be covered
The study required by paragraph (1) shall be completed no later than March 31, 2014. The study shall include assessments and descriptions of—
how the pilot authority under subsection (a) was used;
the impact of the use of the authority on the provision of humanitarian assistance by United States Southern Command under section 401 of title 10, United States Code;
the impact of the use of the authority on the number of military personnel staffing each humanitarian operation implemented by United States Southern Command under section 401 of title 10, United States Code;
the type of training provided to the nongovernmental organization personnel whose participation in humanitarian operations was supported by the use of the authority; and
a description for each humanitarian operation implemented by United States Southern Command under section 401 of title 10, United States Code, and supported by the use of the authority, including, for each such operation, the following:
The purpose of the operation.
The dates of the operation.
The location of the operation.
The number of military personnel supporting the operation, shown by component.
The names of the nongovernmental organizations that were funded to provide assistance with the operation.
The number of nongovernmental organization personnel provided by each nongovernmental organization supported using this authority.
What support each nongovernmental organization provided to the operation.
The amount spent to support each nongovernmental organization staff member, listed by type of support (including air transportation, bus transportation, lodging, and food).
Civilian personnel matters
Revisions to beneficiary designation provisions for death gratuity payable upon death of a United States Government employee
Authority To designate more than 50 percent of death gratuity to unrelated persons
Paragraph (4) of section 8102a(d) of title 5, United States Code, is amended—
in the first
sentence, by striking not more than 50 percent of the amount payable
under this section
and inserting an amount payable under this
section
; and
in the second
sentence, by striking up to the maximum of 50 percent
.
Notice to spouse of designation of another person To receive portion of death gratuity
Such section is further amended by adding at the end the following new paragraph:
If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the agency, or other entity, in which that person is employed shall provide notice of the designation to the spouse.
.
Placement of National Guard non-dual status technicians in the excepted service with all dual status National Guard technicians
Section 709(e) of title 32, United States Code, is amended in the second sentence—
by striking
However, a position
and inserting A position
;
and
by striking
if the
and all that follows and inserting a period.
Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship
Section 802(k) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(k)) is amended to read as follows:
Employment of Program Participants
Appointment authority
The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities—
may, without regard to any provision of title 5 governing appointments in the competitive service, appoint an eligible program participant—
to a position in the excepted service that is identified under clause (i) of subsection (b)(2)(A) as contributing to the national security; or
subject to clause (ii) of such subsection, to a position in the excepted service in such Federal agency or office with national security responsibilities; and
may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of subparagraph (A), convert the appointment of such individual, without competition, to a career or career conditional appointment.
Eligible program participant
For purposes of paragraph (1), the term
eligible program participant
means an individual who—
has successfully completed an academic program for which a scholarship or fellowship under this section was awarded; and
at the time of the appointment of the individual to an excepted service position under paragraph (1)(A)—
under the terms of the agreement for such individual's scholarship or fellowship that was awarded under this section, owes a service commitment to a Department or such Federal agency or office referred to in paragraph (1);
is employed by the Federal Government under a non-permanent appointment to a position in the excepted service that has national security responsibilities; or
is a former civilian employee of the Federal Government who has less than a one-year break of service from the individual's last period of Federal employment in a non-permanent appointment in the excepted service with national security responsibilities.
Treatment of certain service
In the case of an individual described in paragraph (2)(B)(ii) or (2)(B)(iii) who receives an appointment under paragraph (1)(A), any period that the individual served in a position with the Federal Government may be counted towards satisfaction of the service requirement under paragraph (1)(B) if that service—
in the case of an appointment under clause (i) of paragraph (1)(A), was in a position that is identified under clause (i) of subsection (b)(2)(A) as contributing to the national security; or
in the case of an appointment under clause (ii) of paragraph (1)(A), was in the Federal agency or office in which the appointment under that clause is made.
.
Authority of Service Secretaries to employ up to 10 persons without pay
Section 1583 of title 10, United States Code, is amended in the first sentence—
by inserting
and the Secretaries of the military departments
after the
Secretary of Defense
; and
by inserting
each
after may
.
Authority for waiver of recovery of certain payments previously made under Civilian Employees Voluntary Separation Incentive Program
Authority for waiver
Subject to subsection (c), the Secretary of Defense may waive the requirement under subsection (f)(6)(B) of section 9902 of title 5, United States Code, for repayment to the Department of Defense of a voluntary separation incentive payment made under subsection (f)(1) of that section in the case of an employee or former employee of the Department of Defense described in subsection (b).
Persons covered
Subsection (a) applies to any employee or former employee of the Department of Defense—
who during the period beginning on April 1, 2004, and ending on March 1, 2008, received a voluntary separation incentive payment under subsection (f)(1) of section 9902 of title 5, United States Code;
who was reappointed to a position in the Department of Defense to support a declared national emergency related to terrorism or a natural disaster during the period beginning on June 1, 2004, and ending on March 1, 2008; and
with respect to whom the Secretary determines (A) that the employee or former employee, before accepting the reappointment referred to in paragraph (2), received a representation from an officer or employee of the Department of Defense that recovery of the amount of the payment referred to in paragraph (1) would not be required or would be waived, and (B) that the employee or former employee reasonably relied on that representation when accepting reappointment.
Required determination
The Secretary of Defense may grant a waiver under subsection (a) in the case of any individual only if the Secretary determines that recovery of the amount of the payment otherwise required would be against equity and good conscience because of the circumstances of that individual's reemployment after receiving a voluntary separation incentive payment.
Treatment of prior repayments
The Secretary of Defense may, pursuant to a determination under subsection (c) specific to an individual, provide for reimbursement to that individual for any amount the individual has previously repaid to the United States for a voluntary separation incentive payment covered by this section. The reimbursement shall be paid either from the appropriations into which the repayment was deposited, if such appropriations remain available, or from appropriations currently available for the purposes of the appropriation into which the repayment was deposited.
Expiration of authority
The authority to grant a waiver under this section shall expire on December 31, 2012.
Extension of eligibility to continue Federal employee health benefits for certain former employees of the Department of Defense
Extension for department of defense
Subparagraph (B) of section 8905a(d)(4) of title 5, United States Code, is amended—
in clause (i), by
striking December 31, 2011
and inserting October 1,
2015
; and
in clause (ii)—
by striking
February 1, 2012
and inserting February 1, 2016
;
and
by striking
December 31, 2011
and inserting the date specified in
clause (i)
.
Technical amendment To delete obsolete authority applicable to department of energy
Subparagraph (A) of such section is amended by striking
, or the Department of Energy due to a reduction in force resulting from
the establishment of the National Nuclear Security
Administration
.
Matters relating to foreign nations
Extension of authority for support of special operations to combat terrorism
Increase in annual amount of support that may be provided
Subsection (a) of
section 1208 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), as most recently amended
by section 1202(a) of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111–84; 123 Stat. 2511), is amended by striking
$40,000,000
and inserting $50,000,000
.
Extension of termination provision
Subsection (h) of such section is amended
by striking 2013
and inserting 2017
.
Clarification
Subsection (g) of such section is amended—
by striking
each fiscal year
and inserting any fiscal year
;
and
by striking
pursuant to title XV of this Act
and inserting for that
fiscal year
.
One-year extension of Commanders’ Emergency Response Program and extension of due date for quarterly reports to Congress
One-Year extension of CERP authority
Authority for fiscal year 2012
Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), as most recently amended by section 1212 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4389), is amended—
in the subsection
heading, by striking Fiscal Year
2011
and inserting Fiscal Year 2012
;
by striking
fiscal year 2011, from
and inserting fiscal year
2012
;
by striking
operation and maintenance
and all that follows and inserting
operation and maintenance, not to exceed $425 million, may be used by
the Secretary of Defense to provide funds for the Commanders’ Emergency
Response Program in Iraq and Afghanistan.
.
Effective date
The amendments made by paragraph (1) shall take effect on October 1, 2011.
Extension of due date for quarterly reports
Subsection (b)(1) of such section is
amended by striking 30 days
and inserting 45
days
.
Authority To accept contributions
Such section is further amended—
by redesignating subsection (i) as subsection (j); and
by inserting after subsection (h) the following new subsection (i):
Authority To accept contributions
The Secretary of Defense may accept cash contributions from any person, foreign government, or international organization for the purposes specified in subsection (a). Funds received by the Secretary may be credited to the operation and maintenance account from which funds are made available to carry out the authority in subsection (a), to remain available until expended, and may be used for such purposes in addition to the funds specified in that subsection
.
Five-year extension of authorization for non-conventional assisted recovery capabilities
Section 943(h) of
the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110–417; 122 Stat. 4579) is amended by striking 2011
and inserting 2016
.
One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations
Extension of authority
Subsection (a) of section 1233 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as
most recently amended by section 1213 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 12 Stat. 4391), is
amended by striking by section 1510 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011
and inserting for fiscal
year 2012
.
Limitation on amount
Subsection (d)(1) of such section is amended—
by striking
fiscal year 2010 or 2011
and inserting fiscal year
2012
; and
by striking
$1,600,000,000
and inserting
$1,750,000,000
.
Technical amendment
Subsection (c)(2) of such section is amended by
inserting a comma after Budget
.
Designation of
additional high income
countries prohibited from receiving
international military education and training grant assistance under chapter 5
of the Foreign Assistance Act
Section 546(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2347e(b)) is amended by striking and Spain
and inserting Spain, Saudi Arabia, Kuwait, United Arab Emirates, Qatar,
Brunei, Ireland, Sweden, Switzerland, and Taiwan
.
Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability
Section 1202(e)
of the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109–364; 120 Stat. 2012), as most recently amended by section
1204(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110–417; 122 Stat. 4356), is amended by striking
September 30, 2011
and inserting September 30,
2014
.
Department of Defense participation in programs relating to multilateral exchange of air and surface transportation capacity
Participation authorized
The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of the United States in multinational programs relating to the coordination or the exchange of air and surface transportation capacity. Such programs may include the reciprocal exchange or transfer of transportation services (which, for the purposes of this section, includes any conveyance of personnel or goods by air, land, or sea as well as the provision of air refueling services) on a reimbursable basis or by replacement-in-kind or the exchange of transportation services of an equal value. Such programs include—
activities of the Movement Coordination Centre Europe; and
activities under
the Technical Arrangement known as the Air Transport, Air-to-Air
Refueling and other Exchanges of Services
.
Written arrangements or agreements
The participation of the United States in a multinational program under subsection (a) shall be in accordance with one or more written arrangements or agreements entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the foreign nations or multinational organizations concerned.
If Department of Defense facilities, equipment, or funds are used to support a program under subsection (a), the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost sharing or other funding arrangement.
Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits and liabilities resulting from an unequal exchange or transfer of air and surface transportation capacity shall be liquidated, not less than once every five years, by direct payment to the party having provided the greater amount of air and surface transportation capacity.
Implementation
In carrying out any written arrangement or agreement entered into under subsection (b), the Secretary may—
pay the United States’ equitable share of the operating expenses of the multinational organizations concerned from funds appropriated to the Department of Defense for operation and maintenance; and
assign members of the Armed Forces or Department of Defense civilian personnel to duty at such multinational organizations as necessary to fulfill the United States’ obligations under the written arrangements or agreements authorized by this section.
Crediting of receipts
Any amount received by the United States in carrying out a written arrangement or agreement entered into under subsection (b) shall be credited, as elected by the Secretary of Defense, to the following:
The appropriation, fund, or account used in incurring the obligation for which such amount is received.
An appropriation, fund, or account currently available for the purposes for which such obligation was made.
Applicability of preference statute
Section 2631 of this title, regarding the preference for vessels of the United States or belonging to the United States in the transportation of supplies by sea, shall apply to sea-borne transportation acquired by the United States under the authority of this section.
One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan
Subsection (h) of
section 1234 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84; 123 Stat. 2532), as amended by section 1214(a) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law
111–383; 124 Stat. 4391), is amended by striking December 31,
2011
and inserting December 31, 2012
.
Authorization of appropriations for Afghanistan Security Forces Fund
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Afghanistan Security Forces Fund in the amount of $12,800,000,000.
Limitations
Funds made available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2012 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424).
Temporary acquisition authority with respect to Northern Distribution Network for shipment of supplies to Afghanistan
Extension of authority to purchases To be used by united states forces
Subsection (b)(1)(C) of section 801 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
2399) is amended by inserting or the United States
after
Afghanistan
.
Technical amendment
Subsection (f) of such section is amended by striking
on or after
and all that follows through Act
and
inserting after October 27, 2012
.
One-year extension of authority to use funds for reintegration activities in Afghanistan
Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392) is amended—
in subsection (a),
by striking 2011
and inserting 2012
; and
in subsection (e),
by striking December 31, 2011
and inserting December 31,
2012
.
One-year authority to fund operations and activities of Office of Security Cooperation-Iraq
Authority
Notwithstanding any other provision of law, the Secretary of Defense may support United States Government transition activities in Iraq by providing funds for the operations and activities of the Office of Security Cooperation in Iraq and the operations and activities of security assistance teams in Iraq. Such support may include life support, transportation and personal security, and renovation and construction of facilities.
Source of funds
Funds for the purposes of subsection (a) shall be derived from amounts available for operation and maintenance for the Air Force for fiscal year 2012.
Expansion of scope of humanitarian demining assistance program to include stockpiled conventional munitions
Section 407 of title 10, United States Code, is amended—
in subsection (a)—
in paragraph (1),
by inserting and stockpiled conventional munitions
after
demining
; and
in paragraph
(3)(A), by inserting , stockpiled conventional munitions,
after
landmines
;
in subsection
(d)(2), by inserting , and whether such assistance was primarily related
to the humanitarian demining efforts under subsection (e)(1) or stockpiled
conventional munitions assistance under subsection (e)(2)
after
paragraph (1)
; and
by amending subsection (e) to read as follows:
Definitions
In this section:
Humanitarian demining assistance
The term humanitarian demining
assistance
, as it relates to training and support, means detection and
clearance of landmines and other explosive remnants of war.
Stockpiled conventional munitions assistance
The term stockpiled
conventional munitions assistance
, as it relates to support of
humanitarian assistance efforts, means training and support in the disposal,
demilitarization, physical security, and stockpile management of potentially
dangerous stockpiles of explosive ordnance.
Included activities
Such terms include activities related to the furnishing of education, training, and technical assistance with respect to explosive safety, the detection and clearance of landmines and other explosive remnants of war, and the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance.
.
Establishment of a Global Security Contingency Fund
Establishment
There
is established on the books of the Treasury of the United States under the
Department of State a fund to be known as the Global Security
Contingency Fund
.
Authority
Amounts in the Fund shall be available to either the Secretary of State or the Secretary of Defense, notwithstanding any other provision of law, to provide assistance to countries designated by the Secretary of State, with the concurrence of the Secretary of Defense, for purposes of this section, as follows:
Assistance under this section may be provided to enhance the capabilities of military forces, and other security forces that conduct border and maritime security, internal security, and counterterrorism operations, as well as the government agencies responsible for such forces, in order to strengthen the foreign country’s national and regional security interests consistent with United States foreign policy and national security interests.
Assistance may be provided for the justice sector (including law enforcement and prisons), rule of law programs, and stabilization efforts where the Secretary of State, in consultation with the Secretary of Defense, determines that conflict or instability in a region challenges the existing capability of civilian providers to deliver such assistance.
Formulation and Approval of Assistance Programs
The Secretary of State and the Secretary of Defense shall jointly formulate assistance programs under subsection (b)(1). Assistance programs to be carried out pursuant to subsection (b)(1) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, prior to implementation.
The Secretary of State, in consultation with the Secretary of Defense, shall formulate assistance programs under subsection (b)(2). Assistance programs to be carried out under the authority in subsection (b)(2) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, prior to implementation.
Relation to other authorities
The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations, and the administrative authorities of the Foreign Assistance Act of 1961 shall be available to the Secretary of State with respect to funds made available to carry out this section.
Authorization of appropriations
For the purposes of providing assistance under the authority in subsection (b), $50,000,000 is hereby authorized to be appropriated to the Fund in each of fiscal years 2012, 2013, and 2014.
Transfer Authority
Funds available for foreign assistance or to the Department of Defense may be transferred to the Fund by the Secretary of State or the Secretary of Defense, respectively, and amounts so transferred shall be merged with funds made available under this section and remain available until expended for the purposes specified in subsection (b).
The total amount of funds appropriated and transferred to the Fund in any fiscal year shall not exceed $500,000,000. This limitation does not apply to amounts contributed to the Fund under subsection (g).
Funds made available to carry out assistance activities approved pursuant to subsection (c) may be transferred to the most appropriate agency or account to facilitate the provision of such assistance.
The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of State or the Department of Defense.
Authority To accept gifts
The Secretary of State may use money, funds, property, and services accepted pursuant to the authority of section 635(d) of the Foreign Assistance Act of 1961 to fulfill the purposes of subsection (b).
Availability of funds
Amounts in the Fund remain available until expended.
Congressional reporting
In lieu of and notwithstanding the notification provisions of sections 634A and 653 of the Foreign Assistance Act of 1961 or similar provisions in any other Act, and any notification or certification provisions in law relating to the transfer of funds, the Secretary of State and the Secretary of Defense jointly shall provide a report quarterly to the specified congressional committees on obligations of funds or transfers into the Fund made during the preceding quarter.
Specified congressional committees
The congressional committees specified in this subsection are—
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
Expiration
The authority provided under this section may not be exercised after September 30, 2014, except with respect to amounts appropriated or transferred to the Fund prior to this date, which can continue to be obligated and expended pursuant to this section.
Administrative expenses
Amounts in the Fund may be used for necessary administrative expenses.
Detail authority
The head of any agency may detail personnel to the Department of State to carry out the purposes of this section with or without reimbursement for all or part of the costs of salaries and other expenses associated with such personnel.
Authority for the Ministry of Defense Advisors Program
Authority
The Secretary of Defense may, with the concurrence of the Secretary of State, assign civilian employees as advisors to a foreign country that is a partner nation with the United States in order to—
provide institutional, ministerial-level advice and other training to personnel of ministries of defense, departments of defense, other defense agencies, and security agencies serving a similar function, of that country in support of stabilization efforts;
build core institutional capacity, competencies and capabilities of partner nations to effectively manage defense-related processes; or
support United States military operations in that country.
Termination of authority
The authority of the Secretary of Defense under subsection (a) terminates at the close of September 30, 2014. Any assignment of civilian employees as advisors approved by the Secretary of Defense with the concurrence of the Secretary of State before that date may be completed, but only using funds available for fiscal year 2012, 2013 or 2014.
Independent evaluation
The Secretary of Defense shall contract with an entity to conduct an independent evaluation of the effectiveness of the advisory services provided under subsection (a).
Afghanistan Infrastructure Fund
Authorization of appropriations
Funds are hereby authorized to be appropriated for
fiscal year 2012 for the Afghanistan Infrastructure Fund (hereinafter referred
to as the Fund
) in the amount of $475,000,000.
Use of Funds
In general
Funds appropriated pursuant to subsection (a) shall be available, notwithstanding any other provision of law, for infrastructure projects in Afghanistan, which shall be undertaken by the Secretary of State, unless the Secretary of State and the Secretary of Defense jointly decide that a specific project will be undertaken by the Department of Defense.
Types of projects authorized
Projects authorized by this section are in support of the counterinsurgency strategy, requiring funding for facility and infrastructure projects, including, but not limited to, water, power and transportation projects, and related maintenance and sustainment costs.
Authority in addition to other authorities
The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations.
Joint formulation
Any project funded under this section shall be jointly formulated and concurred in by the Secretary of State and the Secretary of Defense.
Transfers
Transfers from the fund
The Secretary of Defense may transfer funds to the Department of State for purposes of undertaking projects authorized by this section.
Return of unexpended funds
Any unexpended funds transferred to the Secretary of State under this authority shall be returned to the Fund if the Secretary of State, in coordination with the Secretary of Defense, determines that the project cannot be implemented for any reason, or that the project no longer supports the counterinsurgency strategy in Afghanistan. Any funds returned to the Secretary of Defense under this paragraph shall be available for use under this authority and shall be treated in the same manner as funds not transferred to the Secretary of State.
Transfers to the fund
From funds made available to the Department of Defense, the Secretary of Defense may transfer up to $200,000,000 into the Fund in fiscal year 2012.
Transferred funds
Funds transferred to the Fund under paragraph (3) shall be merged with funds in the Fund and shall remain available until September 30, 2013.
Transfer authority
The authority to transfer funds under paragraphs (1) and (3) shall be in addition to any other authority available to the Department of Defense to transfer funds.
Additional authorities
Funds transferred under paragraph (1) shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act.
Authority To accept contributions
The Secretary of State and Secretary of Defense may accept contributions of amounts for the purposes provided in this section from any person, foreign government, or international organization. Any such amount may be credited to the Fund to remain available until expended and used for purposes of this section.
Congressional Notification
Transfer notification
The Secretary of Defense shall, not fewer than 15 days prior to making transfers to or from, or obligations from, the Fund, notify the appropriate committees of Congress in writing of the details of such transfer. Such notification shall include a description of any projects to which the transfer or obligation relates, including—
a plan for the sustainment of the project; and
a description of how the project supports the counterinsurgency strategy in Afghanistan.
Project cost increase notification
The Secretary of Defense shall notify the appropriate congressional committees not less than five days before making a transfer or obligation from the Fund for a project cost increase where such increase is in excess of 20 percent of a previously notified project cost.
Appropriate committees of congress defined
In this section, the term
appropriate committees of Congress
means—
the Committees on Armed Services, Foreign Relations, and Appropriations of the Senate; and
the Committees on Armed Services, Foreign Affairs, and Appropriations of the House of Representatives.
One-year extension of authority for Task Force for Business and Stability Operations in Afghanistan
Section 1535(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4426) is amended—
in paragraph (4),
by striking The
and inserting During each of fiscal years
2011 and 2012, the
; and
in paragraph (7),
by striking September 30, 2011
and inserting September
30, 2012
.
Other authorizations
Military programs
Working capital funds
Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for the Defense Working Capital Funds in the amount of $1,575,010,000.
National Defense Sealift Fund
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2012 for the National Defense Sealift Fund in the amount of $1,126,384,000.
Authorized procurement
Amounts appropriated pursuant to the authorization of appropriations in subsection (a) may be used to purchase an Offshore Petroleum Distribution System, and the associated tender for that system, that are under charter by the Military Sealift Command as of January 1, 2011.
Joint Urgent Operational Needs Fund
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Joint Urgent Operational Needs Fund in the amount of $100,000,000.
Chemical Agents and Munitions Destruction, Defense
Authorization of appropriations
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,554,422,000, of which—
$1,147,691,000 is for Operation and Maintenance; and
$406,731,000 is for Research, Development, Test, and Evaluation.
Use
Amounts authorized to be appropriated under subsection (a) are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Drug Interdiction and Counter-Drug Activities, Defense-Wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $1,156,282,000.
Defense Inspector General
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $289,519,000, of which—
$286,919,000 is for Operation and Maintenance;
$1,600,000 is for Research, Development, Test, and Evaluation; and
$1,000,000 is for Procurement.
Defense Health Program
Authorization of appropriations
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $32,198,770,000, of which—
$30,902,546,000 is for Operation and Maintenance;
$663,706,000 is for Research, Development, Test, and Evaluation; and
$632,518,000 is for Procurement.
Joint Medical Facility Demonstration Fund
Authority for transfer of funds
The Secretary of Defense may transfer to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571), from funds appropriated pursuant to subsection (a)(1) of this section, such amounts as the Secretary determines to be appropriate for such purpose. For purposes of subsection (a)(2) of such section 1704, funds appropriated pursuant to subsection (a)(1) of this section shall be considered to be amounts authorized and appropriated specifically for the purpose of such a transfer.
Use of transferred funds
For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under paragraph (1) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
Armed forces retirement home
Authorization of appropriations for armed forces retirement home
There is hereby authorized to be appropriated for fiscal year 2012 from the Armed Forces Retirement Home Trust Fund the sum of $67,700,000 for the operation of the Armed Forces Retirement Home.
Authorization of additional appropriations for overseas contingency operations for fiscal year 2012
Purpose
The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2012 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.
Army procurement
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Army in amounts as follows:
For aircraft procurement, $423,400,000.
For missile procurement, $126,556,000.
For weapons and tracked combat vehicles procurement, $37,117,000.
For ammunition procurement, $208,381,000.
For other procurement, $1,398,195,000.
Joint Improvised Explosive Device Defeat Fund
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Joint Improvised Explosive Device Defeat Fund in the amount of $2,577,500,000.
Navy and Marine Corps procurement
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Navy and Marine Corps in amounts as follows:
For aircraft procurement, Navy, $730,960,000.
For weapons procurement, Navy, $41,070,000.
For ammunition procurement, Navy and Marine Corps, $317,100,000.
For other procurement, Navy, $281,975,000.
For procurement, Marine Corps, $1,260,996,000.
Air Force procurement
Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Air Force in amounts as follows:
For aircraft procurement, $527,865,000.
For ammunition procurement, $92,510,000.
For missile procurement, $28,420,000.
For other procurement, $3,204,641,000.
Joint Urgent Operational Needs Fund
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Joint Urgent Operational Needs Fund in the amount of $100,000,000.
Mine Resistant Ambush Protected Vehicle Fund
Funds are hereby authorized to be appropriated for fiscal year 2012 for the Mine Resistant Ambush Protected Vehicle Fund in the amount of $3,195,170,000.
Defense-wide activities procurement
Funds are hereby authorized to be appropriated for fiscal year 2012 for the procurement account for Defense-wide activities in the amount of $469,968,000.
Research, development, test, and evaluation
Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Department of Defense for research, development, test, and evaluation as follows:
For the Army, $8,513,000.
For the Navy, $53,884,000.
For the Air Force, $142,000,000.
For Defense-wide activities, $192,361,000.
Operation and maintenance
Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
For the Army, $44,302,280,000.
For the Navy, $7,006,567,000.
For the Marine Corps, $3,571,210,000.
For the Air Force, $10,719,187,000.
For Defense-wide activities, $9,269,411,000.
For the Army Reserve, $217,500,000.
For the Navy Reserve, $74,148,000.
For the Marine Corps Reserve, $36,084,000.
For the Air Force Reserve, $142,050,000.
For the Army National Guard, $387,544,000.
For the Air National Guard, $34,050,000.
For the Afghanistan Security Forces Fund, $12,800,000,000.
For the Afghanistan Infrastructure Fund, $475,000,000.
Military personnel
Funds are hereby authorized to be appropriated for fiscal year 2012 to the Department of Defense for military personnel accounts in the total amount of $11,111,324,000.
Working Capital Funds
Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in the amount of $435,013,000.
Defense Health Program
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for the Defense Health Program in the amount of $1,228,288,000 for operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense-Wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in the amount of $486,458,000.
Defense Inspector General
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense in the amount of $11,055,000.
Armed forces retirement home
Amendment of Armed Forces Retirement Home Act of 1991
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101–510; 24 U.S.C. 401 et seq.).
Annual validation of multiyear accreditation
Section 1511(g) (24 U.S.C. 411(g)) is amended—
by striking
accreditation.—
and inserting
Accreditation and Annual
Validation.—(1)
;
by inserting
(1)
before The Chief Operating Officer shall
;
and
by adding at the end the following new paragraph:
If the Chief Operating Officer secures accreditation for a facility of the Retirement Home (or for any aspect of a facility of the Retirement Home) that is effective for a period of more than one year, then for each year after the first year for which such accreditation is in effect, the Chief Operating Officer shall seek to obtain, from the organization that awarded the accreditation, a validation of the accreditation. However, the requirement in the preceding sentence does not apply with respect to a facility of the Retirement Home for any year for which the Inspector General of the Department of Defense conducts an inspection of that facility under section 1518(b).
In carrying out subparagraph (A) with respect to validation of an accreditation, the Chief Operating Officer may substitute another nationally recognized civilian accrediting organization if the organization that awarded the accreditation is not available.
.
Clarification of responsibilities and duties of Senior Medical Advisor
Responsibilities
Subsection
(b)(1) of section 1513A (24 U.S.C. 413a) is amended by striking and the
Chief Operating Officer
and inserting , the Chief Operating
Officer, and the Advisory Council
.
Duties
Subsection (c) of such section is amended—
in paragraph (3)—
by striking
and inspect
after Periodically visit
; and
by inserting
before the period and review medical reports, inspections, and records
audits to make sure appropriate follow-up has been made
; and
by striking paragraphs (4) and (5).
Replacement of local boards of trustees for each facility with single Advisory Council
Establishment of AFRH advisory council
Section 1516 (24 U.S.C. 416) is amended to read as follows:
Advisory council
Establishment
The Retirement Home shall have an Advisory
Council, to be known as the Armed Forces Retirement Home Advisory
Council
. The Advisory Council shall serve the interests of both
facilities of the Retirement Home.
Duties
The Advisory Council shall provide to the Chief Operating Officer and the Administrator of each facility such observations, advice and recommendations regarding the Retirement Home as the Advisory Council considers appropriate.
Not less often than annually, the Advisory Council shall submit to the Secretary of Defense a report summarizing its activities during the preceding year and providing such observations and recommendations with respect to the Retirement Home as the Advisory Council considers appropriate.
In carrying out its functions, the Advisory Council shall provide for participation in its activities by a representative of the resident advisory committee of each facility of the Retirement Home.
Composition
The Advisory Council shall consist of at least 11 members, each of whom shall be a full or part-time Federal employee and at least one of whom shall be from the Department of Veterans Affairs. Members of the Advisory Council shall be designated by the Secretary of Defense, except that a member who is an employee of a department or agency outside of the Department of Defense shall be designated by the head of such department or agency in consultation with the Secretary of Defense.
The Secretary of Defense shall designate one member of the Advisory Council to serve as the chairman of the Advisory Council.
Term of service
Except as provided in paragraphs (2), (3), and (4), the term of service of a member of the Advisory Council shall be two years. A member may be designated to serve one additional term.
Unless earlier terminated by the Secretary of Defense, a person may continue to serve as a member of the Advisory Council after the expiration of the member’s term until a successor is designated.
The Secretary of Defense may terminate the appointment of a member of the Advisory Council before the expiration of the member’s term for any reason that the Secretary determines appropriate.
.
Conforming amendments
Definition
Section 1502(2) (24 U.S.C. 401(2)) is amended to read as follows:
The term Advisory Council means the Armed Forces Retirement Home Advisory Council established under section 1516.
.
Responsibilities and duties of senior medical advisor
Section 1513A(b)(2) (24
U.S.C. 413a(b)(2)) is amended by striking to the Local Board
and
all that follows through the facility
and inserting to
the Advisory Council regarding all medical and medical administrative matters
of each such facility
.
Responsibilities of chief operating officer
Section 1515(c)(2) (24 U.S.C.
415(c)(2)) is amended by striking , including the Local Boards of those
facilities
.
Inspection of retirement home
Section 1518 (24 U.S.C. 418) is amended by
striking Local Board for the facility
each place it appears and
inserting Advisory Council
.
Administrators, ombudsmen, and staff of facilities
Leadership of facilities of the retirement home
Section 1517 (24 U.S.C. 417) is amended—
in subsection (a),
by striking a Director, a Deputy Director, and an Associate
Director
and inserting an Administrator and an
Ombudsman
;
in subsections (b) and (c)—
by striking
Director
in
each subsection heading and inserting Administrator
; and
by striking
Director
each place it appears and inserting
Administrator
;
by striking subsections (d) and (e) and redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively;
in subsection (d), as so redesignated—
by striking
Associate
Director
in the subsection heading and inserting
Ombudsman
;
and
by striking
Associate Director
in paragraphs (1) and (2) and inserting
Ombudsman
;
in subsection (e), as so redesignated—
by striking
Associate
Director
in the subsection heading and inserting
Ombudsman
;
by striking
Associate Director
and inserting
Ombudsman
;
by striking
Director and Deputy Director
and inserting
Administrator
; and
by striking
Director may
and inserting Administrator
may
;
in subsection (f),
as so redesignated, by striking Director
each place it appears
and inserting Administrator
; and
in subsection (g), as so redesignated—
by striking
Directors
in
the subsection heading and inserting Administrators
;
by striking
Directors
in paragraph (1) and inserting
Administrators
; and
by striking
a Director
in paragraph (2) and inserting an
Administrator
.
Conforming amendments
The following
provisions are amended by striking Director
each place it
appears and inserting Administrator
: sections 1511(d)(2),
1512(c), 1514(a), 1518(b)(4), 1518(c)(2), 1518(d)(2), 1520, 1522, and
1523(b).
Sections 1514(b)
and 1520(c) (24 U.S.C. 414(b), 420(c)) are amended by striking
Directors
and inserting Administrators
.
Revision to inspection requirements
Section 1518 (24 U.S.C. 418) is amended—
in subsection (b)(1)—
by striking
In any year in which a facility of the Retirement Home is not inspected
by a nationally recognized civilian accrediting organization,
and
inserting Not less often than every three years,
;
by striking
of that facility
and inserting of each facility of the
Retirement Home
;
by inserting
long-term care,
after assisted living,
;
and
by striking
or council
;
in subsection
(b)(3), by striking or council
;
in subsection (c)—
by striking paragraph (2); and
by designating the second sentence as a new paragraph (2) and in that paragraph (as so designated)—
by
striking 45 days
and inserting 90 days
;
and
by
adding at the end the following new sentence: The report shall include
the Chief Operating Officer’s plan that addresses the recommendations and other
matters set forth in the report.
; and
in subsection (e)(1)—
by striking
45 days
and inserting 60 days
;
by striking
Director of the facility concerned
and inserting Chief
Operating Officer
; and
by striking
, the Chief Operating Officer,
after Secretary of
Defense
.
Repeal of obsolete provisions
Part B, relating to transitional provisions for the Armed Forces Retirement Home Board and the Directors and Deputy Directors of the facilities of the Armed Forces Retirement Home is hereby repealed.
Technical, conforming, and clerical amendments
Correction of obsolete references to retirement home board
Armed forces retirement home act
Section 1519(a)(2) (24 U.S.C. 419(a)(2)) is
amended by striking Retirement Home Board
and inserting
Chief Operating Officer
.
Title 10, u.s.c
Section 2772(b) of title 10, United States Code, is amended
by striking Armed Forces Retirement Home Board
and inserting
Chief Operating Officer of the Armed Forces Retirement
Home
.
Section Headings
Section 1501
The heading of section 1501 is amended to read as follows:
Short title; table of contents
.
Section 1513
The heading of section 1513 is amended to read as follows:
Services provided to residents
.
Section 1513a
The heading of section 1513A is amended to read as follows:
Oversight of health care provided to residents
.
Section 1517
The heading of section 1517 is amended to read as follows:
Administrators, ombudsmen, and staff of facilities
.
Section 1518
The heading of section 1518 is amended to read as follows:
Periodic inspection of retirement home facilities by department of defense inspector general and outside inspectors
.
Punctuation
The headings of sections 1512 and 1520 are amended by adding a period at the end.
Part A header
The heading for part A is repealed.
Table of contents
The table of contents in section 1501(b) is amended—
by striking the item relating to the heading for part A;
by striking the items relating to sections 1513 and 1513A and inserting the following:
Sec. 1513. Services provided to residents.
Sec. 1513A. Oversight of health care provided to residents.
;
by striking the items relating to sections 1516, 1517, and 1518 and inserting the following:
Sec. 1516. Advisory Council.
Sec. 1517. Administrators, Ombudsmen, and staff of facilities.
Sec. 1518. Periodic inspection of Retirement Home facilities by Department of Defense Inspector General and outside inspectors.
;
by striking the items relating to part B (including the items relating to sections 1531, 1532, and 1533).
Reduction in department of defense reporting requirements
Repeal of existing report requirements
Repeal of reporting requirements under title 10, United States Code
Title 10, United States Code, is amended as follows:
Section 113 is amended—
by striking subsection (j); and
by striking subsection (m).
Section 116 is repealed, and the table of sections at the beginning of chapter 2 is amended by striking the item relating to that section.
Section 117 is amended by striking subsection (e).
Section 127 is amended by striking subsection (d).
Section 127a(a) is amended by striking paragraph (3).
Section 129 is amended by striking subsection (f).
Section 153 is amended by striking subsection (c).
Section 184 is amended by striking subsection (h).
Section 427 is repealed, and the table of sections at the beginning of subchapter I of chapter 21 is amended by striking the item relating to that section.
Section 437 is amended by striking subsection (c).
Section 483 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 484 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 485 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 486 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 487 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 489 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 490 is repealed, and the table of sections at the beginning of chapter 23 is amended by striking the item relating to that section.
Section 652 is repealed, and the table of sections at the beginning of chapter 37 is amended by striking the item relating to that section.
Section 983(e)(1) is amended—
by striking the
comma after Secretary of Education
and inserting
and
; and
by striking
, and to Congress
.
Section 1130 by striking subsection (b).
Section 1178 is amended—
by striking
(a)
Requirement To establish system.—
;
and
by striking subsection (b).
Section 1557 is amended by striking subsection (e).
Section 1563 is repealed, and the table of sections at the beginning of chapter 80 is amended by striking the item relating to that section.
Section 1597 is amended by striking subsections (c), (d), and (e).
Section 1781b is amended by striking subsection (d).
Section 2010 is amended by striking subsection (b).
Section 2216 is amended by striking subsection (i).
Section 2244a(c) is amended by striking the second sentence.
Section 2281 is amended by striking subsection (d).
Section 2282 is repealed, and the table of sections at the beginning of chapter 136 is amended by striking the item relating to that section.
Section 2350a(g) is amended by striking paragraph (3).
Section 2350b is amended by striking subsection (d).
Section 2350j is amended by striking subsection (e).
Section 2350m is amended by striking subsection (e).
Section 2352 is repealed, and the table of sections at the beginning of chapter 139 is amended by striking the item relating to that section.
Section 2410i(c) is amended by striking the last sentence.
Section 2410m is amended by striking subsection (c).
Section 2461 is amended by striking subsection (c).
Section 2475 is repealed, and the table of sections at the beginning of chapter 146 is amended by striking the item relating to that section.
Section 2493 is amended by striking subsection (g).
Section 2504 is repealed, and the table of sections at the beginning of subchapter II of chapter 148 is amended by striking the item relating to that section.
Section 2515 is amended by striking subsection (d).
Section 2582 is repealed, and the table of sections at the beginning of chapter 153 is amended by striking the item relating to that section.
Section 2684a is amended by striking subsection (g).
Section 2688 is amended—
by striking subsections (a)(2) and (f); and
in subsection (h), by striking the last sentence.
Section 2706 is repealed, and the table of sections at the beginning of chapter 160 is amended by striking the item relating to that section.
Section 2815 is repealed, and the table of sections at the beginning of subchapter I of chapter 169 is amended by striking the item relating to that section.
Section 2825(c)(1) is amended—
by inserting
and
at the end of subparagraph (A);
by striking the semicolon at the end of subparagraph (B) and inserting a period; and
by striking subparagraphs (C) and (D).
Section 2826 is amended—
by striking
(a)
Local comparability.—
; and
by striking subsection (b).
Section 2827 is amended—
by striking
(a) Subject to subsection (b), the Secretary
and inserting
The Secretary
; and
by striking subsection (b).
Section 2828 is amended by striking subsection (f).
Section 2835 is amended—
in subsection (a),
by striking Subject to subsection (b), the Secretary
and
inserting The Secretary
;
by striking subsection (b); and
by striking subsection (g).
Section 2836 is amended—
in subsection (a),
by striking Subject to subsection (b), the Secretary
and
inserting The Secretary
;
by striking subsection (b); and
by striking subsection (f).
Section 2837 is amended—
in subsection (c)—
by
striking (1)
after Opportunities.—
; and
by striking paragraph (2); and
by striking subsection (f).
Section 2853(c)
is amended by striking by the Secretary concerned and—
and all
that follows and inserting by the Secretary concerned.
.
Section 2854a is amended by striking subsection (c).
Section 2861 is amended by striking subsection (d).
Section 2866(c) is amended—
by striking
(1)
before The Secretary
; and
by striking paragraph (2).
Section 2875 is amended by striking subsection (e).
Section 2884 is amended—
by striking subsection (b); and
in subsection (a)—
by striking Project reports.—(1)
and inserting Reports.—
;
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and
by striking (2) For
each
and inserting (b) Content of
reports.—(1) For
each
.
Such section is further amended—
by redesignating paragraphs (3) and (4) of subsection (b) of such section (as designated by subparagraph (A)(ii)(III)) as paragraphs (2) and (3), respectively; and
in
paragraph (2) of subsection (b), as so redesignated, by striking
contract described in paragraph (1)
and inserting
contract described in subsection (a)
.
The heading of such section is amended to read as follows:
Project reports
.
The item relating to that section in the table of sections at the beginning of subchapter IV of chapter 169 is amended to read as follows:
2884. Project reports.
.
Section 2916 is amended by striking subsection (c).
Section 7296 is repealed, and the table of sections at the beginning of chapter 633 is amended by striking the item relating to that section.
Section 7310 is amended by striking subsection (c).
Section 9356 is amended—
in subsection (a),
by striking Subject to subsection (c), the Secretary
and
inserting The Secretary
; and
by striking subsection (c).
Section 10504 is repealed, and the table of sections at the beginning of chapter 1011 is amended by striking the item relating to that section.
Section 12302(b) is amended by striking the last sentence.
Section 16137 is repealed, and the table of sections at the beginning of chapter 1606 is amended by striking the item relating to that section.
Repeal of reporting requirements under annual defense authorization Acts
Fiscal year 2011
The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383) is amended as follows:
Section 225 (124 Stat. 4170; 10 U.S.C. 223 note) is amended by striking subsection (d).
Section 892 (124 Stat. 4310; 10 U.S.C. 2306a note) is repealed.
Fiscal year 2010
The National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) is amended as follows:
Section 219 (123 Stat. 2228) is amended by striking subsection (c).
Section 1113(e)(1)
(123 Stat. 2502) is amended by striking , which information shall
be
and all that follows through semiannual basis
.
Section 1232 (123 Stat. 2531) is repealed.
Section 1245 (123 Stat. 2542) is repealed.
Fiscal year 2009
The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is amended as follows:
Section 354 (122 Stat. 4426; 10 U.S.C. 221 note) is repealed.
Section 1504 (10 U.S.C. 2358 note) is amended by striking subsection (c).
Fiscal year 2008
The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended as follows:
Section 885 (10 U.S.C. 2304 note) is amended—
in subsection (a), by striking the last sentence of paragraph (2); and
in subsection (b),
by striking the date of the enactment of this Act
both places it
appears and inserting January 28, 2008
.
Section 911 (10 U.S.C. 2271 note) is amended by striking paragraph (2) of subsection (f).
Section 2864 (10 U.S.C. 2911 note) is repealed.
Fiscal year 2007
The John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is amended as follows:
Section 347 (10 U.S.C. 221 note) is repealed.
Section 731 (10 U.S.C. 1095c note) is amended by striking subsection (d).
Section 732 (10 U.S.C. 1073 note) is amended by striking subsection (d).
Section 1104 (10 U.S.C. note prec. 711) is amended—
by striking subsection (a); and
in subsection (c),
by striking (a) or
.
Section 1231 (22 U.S.C. 2776a) is repealed.
Section 1402 (10 U.S.C. 113 note) is repealed.
Section 2405 (120 Stat. 2460) is amended by striking subsection (d).
Fiscal year 2006
Section 716 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 1073 note) is amended by striking subsection (b).
Fiscal year 2005
The Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375) is amended as follows:
Section 731 (10 U.S.C. 1074 note) is amended by striking subsection (c).
Section 1041 (118 Stat. 2048; 10 U.S.C. 229 note) is repealed.
Fiscal year 2004
The National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) is amended as follows:
Section 812 (117 Stat. 1542) is amended by striking subsection (c).
Section 1601 (10 U.S.C. 2358 note) is amended by striking paragraph (5) of subsection (d).
Fiscal year 2003
The Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) is amended as follows:
Section 221 (10 U.S.C. 2431 note) is repealed.
Section 817 (10 U.S.C. 2306a note) is amended by striking subsections (d) and (e)(2).
Fiscal year 2002
The National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107) is amended as follows:
Section 232 (10 U.S.C. 2431 note) is amended—
by striking subsection (c);
by striking subsection (d); and
by striking paragraph (3) of subsection (h).
Section 1008 (10 U.S.C. 113 note) is amended by striking subsection (a).
Fiscal year 2001
The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398) is amended as follows:
Section 374 (10 U.S.C. 2851 note) is repealed.
Section 1212 (114 Stat. 1654A–326) is amended—
by striking subsection (c); and
by striking subsection (d).
Section 1213 (114 Stat. 1654A–327) is repealed.
Section 1308 (22 U.S.C. 5959) is amended by striking paragraph (7) of subsection (c).
Fiscal year 2000
The National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) is amended as follows:
Section 1025 (10 U.S.C. 113 note) is repealed.
Section 1035 (113 Stat. 753), as amended by section 1211 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–325), is repealed.
Section 1201 (10 U.S.C. 168 note) is amended by striking subsection (d).
Fiscal year 1999
Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is amended by striking subsection (g).
Fiscal year 1998
The National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85) is amended as follows:
Section 234 (50 U.S.C. 2367) is repealed.
Section 349 (10 U.S.C. 2702 note) is amended by striking subsection (e).
Fiscal years 1992 and 1993
Section 2868 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2802 note) is repealed.
Fiscal year 1991
The National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510) is amended as follows:
Section 831 (10 U.S.C. 2302 note) is amended by striking subsection (l).
Section 2921 (10 U.S.C. 2687 note) is amended—
by striking subsections (e) and (f); and
in subsection (g)—
by striking paragraph (2); and
in
paragraph (3), by striking or (2)
.
Section 4004(d) (10 U.S.C. 2391 note) is amended—
by inserting
and
at the end of paragraph (1);
by striking
; and
at the end of paragraph (2) and inserting a period;
and
by striking paragraph (3).
Repeal of reporting requirements under other laws
Defense acquisition improvement act of 1986
Section 908 of the Defense Acquisition Improvement Act of 1986 (as contained in section 101(c) of Public Law 99–500 and identically enacted in section 101(c) of Public Law 99–591 and title IX of Public Law 99–661) (10 U.S.C. 2326 note) is amended by striking subsection (b).
Armed forces retirement home act of 1991
Section 1511 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is amended by striking subsection (h).
Title 37, united states code
Section 402a of title 37, United States Code, is amended by striking subsection (f).
Title 38, united states code
Section 3020 of title 38, United States Code, is amended by striking subsection (l).
Intelligence reform and terrorism prevention act of 2004
Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435c(c)) is amended by striking paragraph (4).
Implementing recommendations of the 9/11 commission act of 2007
The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) is amended as follows:
Section 804 (42 U.S.C. 2000ee–3) is repealed.
Section 1821 (50 U.S.C. 2911) is amended by striking paragraphs (2) and (3) of subsection (b).
Small business act
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended by striking paragraph (5).
Foreign assistance act of 1961
The Foreign Assistance Act of 1961 is amended as follows:
Section 516(f)(1)
(22 U.S.C. 2321j(f)(1)) is amended by striking excess defense articles
that are significant military equipment (as defined in section 47(9) of the
Arms Export Control Act) or
.
Section 656 (22 U.S.C. 2416) is repealed.
Department of defense appropriations act, 2002
Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2284), is amended by striking paragraph (7).
Modifications to existing report requirements
Modification to reporting requirements under title 10, United States Code
Title 10, United States Code, is amended as follows:
Section 115b is amended—
in subsection (a)—
by striking
Annual
and
inserting Biennial
; and
by striking
on an annual basis
and inserting in every even-numbered
year
; and
in
subsection (b)(1)(A), by striking during the seven-year period following
the year in which the plan is submitted
and inserting during the
five-year period corresponding to the ongoing Future-Years Defense
Plan
.
The heading of such section is amended to read as follows:
Biennial strategic workforce plan
.
The item relating to that section in the table of sections at the beginning of chapter 2 is amended to read as follows:
115b. Biennial strategic workforce plan.
.
Section 127b(f) is
amended by striking December 1
and inserting February
1
.
Section 138c(e)(4)
is amended by striking Not later than 10 days
and all that
follows through title 31,
and inserting Not later than
March 31 in any year,
.
Section 408(f) is amended to read as follows:
Congressional oversight
Whenever the Secretary of Defense provides assistance to a foreign country under this section, the Secretary shall submit to the congressional defense committees a report on the assistance provided. Each such report shall identify the country to which the assistance was provided and shall include a description of the type and amount of the assistance provided.
.
Section 2401(h) is amended—
by striking
only if—
and all that follows through of the
proposed
and inserting only if the Secretary has notified the
congressional defense committees of the proposed
;
by striking paragraph (2);
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and realigning those paragraphs so as to be indented two ems from the left margin; and
by striking
; and
at the end of paragraph (3), as so redesignated, and
inserting a period.
Section 2482(d)(1)
is amended by inserting in the United States
after
commissary store
.
Section 2645(d) is
amended by striking $1,000,000
and inserting
$10,000,000
.
Section 2803(b) is
amended by striking 21-day period
and inserting seven-day
period
.
Section 2804(b) is
amended by striking 14-day
and inserting
seven-day
.
Section 2811(d)
is amended by striking $7,500,000
and inserting
$10,000,000
.
Section
2885(a)(3) is amended by striking If a project
and inserting
In the case of a project for new construction, if the
project
.
Section 9514(c)
is amended by striking $1,000,000
and inserting
$10,000,000
.
Section 10541(a)
is amended by striking February 15
and inserting April
15
.
Section
10543(c)(3) is amended by striking not later than 15 days
and
inserting not later than 90 days
.
Modification to reporting requirements under annual defense authorization Acts
Fiscal year 2010
Section 121(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2212) is amended by striking paragraph (5).
Fiscal year 2008
The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended as follows:
Section 958 (122 Stat. 297) is amended—
in subsection (a),
by striking 240 days after the date of the enactment of this Act
and inserting June 30, 2012
; and
in subsection (d),
by striking December 31, 2013
and inserting June 30,
2014
.
Section 1074(b)(6) (10 U.S.C. 113 note) is amended—
in subparagraph
(A), by striking The Secretary
and inserting Except as
provided in subparagraph (D), the Secretary
; and
by adding at the end the following new subparagraph:
Exceptions
Subparagraph (A) does not apply in the case of—
an individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff; or
an individual described in paragraph (2)(E).
.
Section 1107 (10 U.S.C. 2358 note) is amended—
in subsection (d)—
by
striking beginning with March 1, 2008,
; and
by
inserting a report containing
after to Congress
;
and
in subsection (e)—
in
paragraph (1), by striking Not later than
and all that follows
through the information
and inserting The Secretary shall
include in each report under subsection (d) the information
; and
in
paragraph (2), by striking under this subsection
and inserting
under subsection (d)
.
Section 1674(c) (122 Stat. 483) is amended—
by striking
After submission
and all that follows through that
patients,
and inserting Patients,
; and
by striking
have not been moved or disestablished until
and inserting
may not be moved or disestablished until the Secretary of Defense has
certified to the congressional defense committees that
.
Fiscal year 2002
Section 1008 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 113 note), as amended by section 1302, is further amended—
by redesignating subsections (b), (c), (d), (e), and (f) as subsections (a), (b), (c), (d), and (e), respectively; and
in subsection (c),
as so redesignated, by striking (b) or (c)
and inserting
(a) or (b)
.
Modification to reporting requirements under other laws
Title 32, united states code
Section 908(a) of title 32, United States Code, is
amended by striking After the end of each fiscal year,
and
inserting After the end of any fiscal year during which any assistance
was provided or activities were carried out under this chapter,
.
Title 37, united states code
Section 316a(f) of title 37, United States Code, is
amended by striking January 1, 2010
and inserting April
1, 2012
.
Defense base closure and realignment act of 1990
The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended as follows:
Section 2906(c) is amended by striking paragraph (1).
Section 2907 is amended—
in subsection (a),
by striking fiscal year 2016
and inserting fiscal year
2012
; and
in subsection (b),
by striking fiscal year 2014
and inserting fiscal year
2012
.
Uniformed and overseas citizens absentee voting act
The Uniformed and Overseas Citizens Absentee Voting Act is amended as follows:
Section 102(c) (42
U.S.C. 1973ff–1(c)) is amended by striking Election Assistance
Commission (established under the Help America Vote Act of 2002)
and
inserting Presidential designee
.
Section 105A(b) (42 U.S.C. 1973ff–4a(b)) is amended—
in the subsection
heading, by striking Annual Report
and inserting Biennial
Report
;
in the matter preceding paragraph (1)—
by
striking March 31 of each year
and inserting September 30
of each odd-numbered year
; and
by
striking the following information
and inserting the
following information with respect to the Federal election held during the
preceding calendar year
; and
in paragraph (3),
by striking In the case of
and all that follows through a
description
and inserting A description
.
Help america vote act
The Help America Vote Act (42 U.S.C. 15301 et seq.) is amended as follows:
Section 241 (42 U.S.C. 15381) is amended—
in subsection
(a)(1), by striking members of the uniformed services and overseas
voters,
; and
in subsection (b)—
by striking paragraph (16) and redesignating paragraphs (17), (18), and (19) as paragraphs (16), (17), and (18), respectively; and
in
paragraph (18), as redesignated by clause (i), by striking the period at the
end and inserting but not to include matters specifically focused on
uniformed services and overseas voters.
.
Section 703 (42 U.S.C. 1973ff–1 note) is amended by striking subsection (b).
Arms export control act
Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended—
by striking
end of each quarter
in the matter preceding paragraph (1) and
inserting end of each fiscal year
;
by striking
during the fiscal year in which
in paragraphs (2) and (3) and
inserting during the fiscal year for which
;
by striking
in the quarter of the fiscal year immediately following the
quarter
in paragraph (5) and inserting in the fiscal year
;
by striking paragraph (6); and
by striking
quarter
each place it appears in paragraphs (8), (9), and (10)
and inserting fiscal year
.
Other report-related provisions to further efficient management of the department of defense
Biennial authority for Secretary of Defense to terminate Department of Defense reporting requirements determined by the Secretary to be unnecessary or incompatible with efficient management of the Department of Defense
Termination of report requirements
Unless otherwise provided by a law enacted after the date of the enactment of this Act, each provision of law requiring the submittal to Congress (or any committee of Congress) of any report specified in a list submitted under subsection (b) shall, with respect to that requirement, cease to be effective on the date that is two years after the date on which the list is submitted.
Preparation of list of reports To be terminated
Authority to submit list
The Secretary of Defense may, as provided in subsection (c), submit to Congress a list of each provision of law that, as of the date on which the list is submitted, imposes upon the Secretary of Defense (or any other officer of the Department of Defense) a reporting requirement described in paragraph (2). The list of provisions of law shall include a statement or description of the report required under each such provision of law.
Standard for inclusion of reports on list
Paragraph (1) applies to a requirement imposed by law to submit to Congress (or specified committees of Congress) a report on a recurring basis, or upon the occurrence of specified events, if the Secretary determines that the continued requirement to submit that report is unnecessary or incompatible with the efficient management of the Department of Defense.
Explanation
The Secretary shall submit with the list an explanation, for each report specified in the list, of the reasons why the Secretary considers the continued requirement to submit the report to be unnecessary or incompatible with the efficient management of the Department of Defense.
Biennial submission of list
The Secretary may submit a list under subsection (a) once in every odd-numbered year. Any such report shall be submitted not later than March 1 of the year in which submitted.
Scope of section
For purposes of this section, the term
report
includes a certification, notification, or other
characterization of a written communication.
Interpretation of section
This section does not require the Secretary of Defense to review each report required of the Department of Defense by law.
Initial submission
The first submission of a list under this section may not be made sooner than two years after the date of the enactment of this Act.
Improved management of congressional reporting requirements applicable to Department of Defense
In general
Chapter 23 of title 10, United States Code, is amended by inserting after section 480 the following new section:
Reports to Congress: termination of statutory requirements after three years
Termination
Subject to subsection (b), any provision of law enacted after the date of the enactment of this section that requires the Secretary of Defense (or any other officer or employee of the Department of Defense) to submit to Congress (or any committee of Congress) a periodic report shall cease to be effective, with respect to that requirement, three years after the date of the enactment of that provision of law.
Exceptions
Subsection (a) does not apply to a provision of law containing a requirement for the submittal of a periodic report if that provision of law—
expressly states that the requirement is indefinite in nature; or
specifies a number of years (in excess of three) for which the report is required or states a specific termination date for the report requirement.
Periodic Report Defined
In this section, the term ‘periodic report’ means a report required to be submitted on an annual, semiannual, or other regular periodic basis.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 480 the following new item:
480a. Reports to Congress: termination of statutory requirements after three years.
.
Reduction in department of energy-related reporting requirements
Consolidated reporting requirements relating to nuclear stockpile stewardship
Purpose
The purpose of this section is to assemble together statutory requirements for plans and reports concerned with different aspects of United States nuclear stockpile stewardship and management efforts by the Department of Energy National Security Programs in order to consolidate and organize those provisions of law into a single integrated plan to be submitted to Congress, to be submitted as specified in the amendment made by subsection (d).
Repeal of requirement for biennial plan on modernization and refurbishment of the nuclear security complex
Section 4203A of the Atomic Energy Defense Act (50 U.S.C. 2523A) is repealed.
Repeal of requirement for biennial report on stockpile stewardship criteria
Section 4202 of the Atomic Energy Defense Act (50 U.S.C. 2522) is amended by striking subsections (c) and (d).
Consolidated plan for stewardship, management, and certification of warheads in the nuclear weapons stockpile
Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended to read as follows:
Annual and biennial requirements for a stockpile stewardship and management plan
Plan requirement
The Secretary of Energy, acting through the Administrator for the National Nuclear Security Administration and in consultation with other appropriate officials of the executive branch, shall develop a plan for maintaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, and program direction and shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.
Submission to congress: annual plan summary; biennial detailed plan
The Secretary of Energy shall submit to Congress a summary of the plan developed under subsection (a) not later than March 15 of each year. In each even-number year, but not later than March 15, the Secretary shall submit to Congress a detailed plan developed under subsection (d), in addition to the summary of the plan developed under subsection (c). The detailed plan shall be submitted in both classified and unclassified form. The summary of the plan may be submitted in either classified or unclassified form, as necessary.
Elements of annual plan summary
The summary of the plan submitted annually under subsection (b) shall set forth the following:
A summary of the current status of United States nuclear security strategy and the impact of that strategy on United States stockpile stewardship and management plans.
A summary description of the United States nuclear stockpile and the present status of that stockpile.
A summary of the information needed to determine that the nuclear weapons stockpile is safe and reliable and the relationship of the science-base tools to the collection of that information.
A summary description of the nuclear security enterprise, including current status, plans for modernization, and associated budgets and schedules.
Elements of detailed biennial plan
The detailed plan and each biennial update under subsection (b) shall set forth the following:
The number of warheads (including active and inactive warheads) for each warhead type in the nuclear weapons stockpile.
The current age of each warhead type, and any plans for stockpile lifetime extensions and modifications or replacement of each warhead type.
The process by which the Secretary of Energy is assessing the lifetime and requirements for lifetime extension or replacement of the nuclear and nonnuclear components of the warheads (including active and inactive warheads) in the nuclear weapons stockpile.
The process used in recertifying the safety, security, and reliability of each warhead type in the nuclear weapons stockpile.
Any concerns which would affect the ability of the Secretary of Energy to recertify the safety, security, or reliability of warheads in the nuclear weapons stockpile (including active and inactive warheads).
Mechanisms to provide for the manufacture, maintenance, and modernization of each weapon design in the nuclear stockpile, as needed.
Mechanisms to expedite the collection of information necessary for carrying out the program, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials.
Mechanisms to ensure the appropriate assignment of roles and missions for each national security laboratory and production plant of the Department of Energy, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel.
Mechanisms to ensure that each national laboratory of the National Nuclear Security Administration has full and complete access to all weapons data to enable a rigorous peer review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 4205.
Mechanisms for allocating funds for activities under the program, including allocations of funds by weapon type and facility.
An identification of the funds needed, in the fiscal year in which the plan is developed and in each of the following five fiscal years, to carry out the program.
A description of the information needed to determine that the nuclear weapons stockpile is safe and reliable and the relationship of the science-based tools to the collection of that information.
A description of any updates to the criteria required by section 4202(a) to the extent they have been developed as of the date of the submission of the report.
For each science-based tool to collect information needed to determine that the nuclear weapons stockpile is safe, secure, and reliable that is developed or modified by the Department of Energy during the relevant period described in paragraph (13)—
a description of the relationship of the science-based tool to the collection of such information; and
a description of criteria for assessing the effectiveness of the science-based tool in collecting such information.
An assessment of the Stockpile Stewardship Program conducted by the Administrator in consultation with the directors of the national security laboratories, which shall set forth the following:
An identification and description of—
any key technical challenges to the Stockpile Stewardship Program; and
the strategies to address such challenges without the use of nuclear testing.
A strategy for using the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory to ensure that the nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing.
An assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program.
An assessment of the core scientific and technical competencies required to achieve the objectives of the Stockpile Stewardship Program and other weapons activities and weapons-related activities of the Department of Energy, including—
the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and
a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.
A description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements of the National Security Strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable, and the Nuclear Posture Review.
A schedule for implementing those measures determined necessary under the National Security Strategy of the United States during the 10 years following the date of the plan.
The estimated levels of annual funds the Administrator determines necessary to carry out the program, including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based.
For the due date of the plan and projected for 5, 10, 15, and 20 years after that date—
the number of nuclear weapons of each type in the active and reserve stockpiles; and
the past and projected future total direct lifecycle cost to the Administration of each type of nuclear weapon.
A year-by-year resource plan that shall cover a prospective 20-year span, beginning with the fiscal year for which the plan is submitted and extending through a fiscal year 20 years into the future for stockpile reduction, cost savings, and how achievement of such milestones aligns with long-term nuclear weapons complex transformation goals (specifically identifying the cost impacts of alternative strategies). This resource plan shall include a summary of dismantlement progress, against quantities committed to in the most recently submitted report to Congress.
Definitions
In this section:
The term
nuclear security enterprise
means the physical facilities,
technology, and human capital of—
the national security laboratories;
the Pantex Plant;
the Y–12 National Security Complex;
the Kansas City Plant;
the Savannah River Site; and
the Nevada National Security Site.
The term
budget
, with respect to a fiscal year, means the budget for that
fiscal year that is submitted to Congress by the President under section
1105(a) of title 31, United States Code.
The term
nuclear security budget materials
, with respect to a fiscal
year, means the materials submitted to Congress by the Administrator for the
National Nuclear Security Administration in support of the budget for that
fiscal year.
The term
Quadrennial Defense Review
means the review of the defense
programs and policies of the United States that is carried out every four years
under section 118 of title 10, United States Code.
The term
future-years nuclear security program
means the program required
by section 3253 of the National Nuclear Security Administration Act (50 U.S.C.
2453).
The term
national security laboratory
has the meaning given such term in
section 3281 of the National Nuclear Security Administration Act (50 U.S.C.
2471).
The term
weapons activities
means each activity within the budget
category of weapons activities in the budget of the National Nuclear Security
Administration.
The term
weapons-related activities
means each activity under the
Department of Energy that involves nuclear weapons, nuclear weapons technology,
or fissile or radioactive materials, including activities related to—
nuclear nonproliferation;
nuclear forensics;
nuclear intelligence;
nuclear safety; and
nuclear incident response.
.
Repeal of requirement for annual update to stockpile management program plan
Section 4204 of the Atomic Energy Defense Act (50 U.S.C. 2524) is amended—
by striking subsections (c) and (d); and
by redesignating subsection (e) as subsection (c).
Repeal of requirement for annual report on the security vulnerabilities of the computers of certain national laboratories of the Department of Energy
Section 3153 of the National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 2659) is repealed.
Military construction authorizations
Short title
This division may be
cited as the Military Construction Authorization Act for Fiscal Year
2012
.
Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefore) shall expire on the later of—
October 1, 2014; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015.
Exception
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefore), for which appropriated funds have been obligated before the later of—
October 1, 2014; or
the date of the enactment of an Act authorizing funds for fiscal year 2015 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Army military construction
Authorized Army construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alabama | Fort Rucker | $11,600,000 |
| Alaska | Fort Wainwright | $114,000,000 |
| Joint Base Elmendorf-Richardson | $103,600,000 | |
| California | Presidio Monterey | $3,000,000 |
| Fort Irwin | $23,000,000 | |
| Colorado | Fort Carson | $238,600,000 |
| Georgia | Fort Benning | $66,700,000 |
| Fort Gordon | $1,450,000 | |
| Fort Stewart | $2,600,000 | |
| Hawaii | Fort Shafter | $17,500,000 |
| Schofield Barracks | $105,000,000 | |
| Kansas | Fort Riley | $83,400,000 |
| Forbes Air Field | $5,300,000 | |
| Kentucky | Fort Campbell | $247,500,000 |
| Fort Knox | $55,000,000 | |
| Louisiana | Fort Polk | $70,100,000 |
| Maryland | Aberdeen Proving Ground | $78,500,000 |
| Fort Meade | $79,000,000 | |
| Missouri | Fort Leonard Wood | $49,000,000 |
| New York | Fort Drum | $13,300,000 |
| North Carolina | Fort Bragg | $186,000,000 |
| Oklahoma | Fort Sill | $184,600,000 |
| McAlester Army Ammunition Plant | $8,000,000 | |
| South Carolina | Fort Jackson | $63,900,000 |
| Texas | Fort Bliss | $149,500,000 |
| Fort Hood | $132,000,000 | |
| Joint Base San Antonio | $10,400,000 | |
| Red River Army Depot | $44,000,000 | |
| Utah | Dugway Proving Ground | $32,000,000 |
| Virginia | Fort Belvoir | $83,000,000 |
| Joint Base Langley Eustis | $26,000,000 | |
| Washington | Joint Base Lewis McChord | $296,300,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Afghanistan | Bagram Air Base | $80,000,000 |
| Germany | Germersheim | $37,500,000 |
| Grafenwoehr | $38,000,000 | |
| Landstuhl | $63,000,000 | |
| Oberdachstetten | $12,200,000 | |
| Kelley Barracks | $12,200,000 | |
| Vilseck | $20,000,000 | |
| Honduras | Various | $25,000,000 |
| Korea | Camp Carroll | $41,000,000 |
| Camp Henry | $48,000,000. |
Family housing
Construction and acquisition
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
| Location | Installation or Location | Units | Amount |
| Belgium | Brussels | 10 | $10,000,000 |
| Germany | Grafenwoehr | 26 | $13,000,000 |
| Illesheim | 80 | $41,000,000 | |
| Vilseck | 22 | $12,000,000. |
Planning and design
Using amounts appropriated pursuant to the authorization of appropriations in section 2104(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,897,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $103,000,000.
Authorization of appropriations, Army
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $3,917,746,000 as follows:
For military construction projects inside the United States authorized by section 2101(a), $2,583,850,000.
For military construction projects outside the United States authorized by section 2101(b), $376,900,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $255,241,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $186,897,000.
For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $494,858,000.
Modification of authority to carry out certain fiscal year 2009 project
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4658) for Fort Benning, Georgia, for construction of a Multipurpose Training Range at the installation, the Secretary of the Army may construct up to 1,802 square feet of loading dock consistent with the Army’s construction guidelines for Multipurpose Training Ranges.
Modification of authority to carry out certain fiscal year 2011 projects
Hawaii
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for Schofield Barracks, Hawaii, for renovations of buildings 450 and 452, the Secretary of the Army may renovate building 451 in lieu of building 452.
New york
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may construct up to 39,049 square yards of parking apron consistent with the Army’s construction guidelines for Aircraft Maintenance Hangars and associated parking aprons.
Germany
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for Wiesbaden, Germany, for construction of an Information Processing Center at the installation, the Secretary of the Army may construct up to 9,400 square yards of vehicle parking garage consistent with the Army’s construction guidelines for parking garages, in lieu of renovating 9,400 square yards of parking area.
Additional authority to carry out certain fiscal year 2012 project
Project authorization
The Secretary of the Army may carry out a military construction project to construct a water treatment facility for Fort Irwin, California, in the amount of $115,000,000.
Use of unobligated prior-Year army military construction funds
The Secretary may use available, unobligated Army military construction funds appropriated for a fiscal year before fiscal year 2012 for the project described in subsection (a).
Congressional notification
The Secretary of the Army shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.
Extension of authorizations of certain fiscal year 2008 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 503), authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (122 Stat. 504), shall remain in effect until October 1, 2012, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Amount |
| Louisiana | Fort Polk | Child Care Facility | $6,100,000 |
| Missouri | Fort Leonard Wood | Multipurpose Machine Gun Range | $4,150,000. |
Extension of authorizations of certain fiscal year 2009 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4658), authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (122 Stat. 504), shall remain in effect until October 1, 2012, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Amount |
| Alabama | Anniston Army Depot | Lake Yard Interchange | $1,400,000 |
| Hawaii | Schofield Barracks | Brigade Complex | $65,000,000 |
| Schofield Barracks | Battalion Complex | $69,000,000 | |
| Schofield Barracks | Battalion Complex | $27,000,000 | |
| Schofield Barracks | Infrastructure Expansion | $76,000,000 | |
| New Jersey | Picatinny Arsenal | Ballistic Evaluation Facility Phase I | $9,900,000 |
| Virginia | Fort Eustis | Vehicle Paint Facility | $3,900,000. |
Technical amendments to correct certain project specifications
The table in section 3002 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4503) is amended—
in the project
specification for the Army for Entry Control Point and Access
Roads
that appears immediately below the project specification for
Vet Clinic & Kennel
at Bagram Air Force Base, Afghanistan,
by striking Delaram Ii
and inserting Delaram II
;
and
in the project
specification for the Army that appears immediately below the project
specification for Electrical Utility Systems, Ph.2
at the
Shank
installation, Afghanistan, by striking the entry in the
column under the heading Project Title
and inserting
Expand Entry Control Point 1 and Entry Control Point 2
.
Navy military construction
Authorized Navy construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Arizona | Marine Corps Air Station, Yuma | $162,785,000 |
| California | Marine Corps Base, Camp Pendleton | $335,080,000 |
| Naval Base, Coronado | $108,435,000 | |
| Marine Corps Base, Twentynine Palms | $67,109,000 | |
| Marine Corps Logistics Base, Barstow | $8,590,000 | |
| Marine Corps Mountain Warfare Training Center, Bridgeport | $19,238,000 | |
| Naval Base Ventura County Point Mugu | $15,377,000 | |
| Florida | Naval Air Station, Jacksonville | $36,552,000 |
| Naval Station, Mayport | $14,998,000 | |
| Naval Air Station, Whiting Field (Eglin Air Force Base) | $20,620,000 | |
| Georgia | Naval Submarine Base, Kings Bay | $86,063,000 |
| Hawaii | Marine Corps Base, Kaneohe Bay | $57,704,000 |
| Pacific Missile Range Facility, Barking Sands | $9,679,000 | |
| Joint Base Pearl Harbor-Hickam | $7,492,000 | |
| Illinois | Naval Station, Great Lakes | $91,042,000 |
| Maryland | Naval Support Facility, Indian Head | $67,779,000 |
| Naval Air Station, Patuxent River | $45,844,000 | |
| North Carolina | Marine Corps Base, Camp Lejeune | $200,482,000 |
| Marine Corps Air Station, Cherry Point | $17,760,000 | |
| Marine Corps Air Station, New River | $78,930,000 | |
| South Carolina | Marine Corps Air Station, Beaufort | $21,096,000 |
| Virginia | Naval Station, Norfolk | $81,304,000 |
| Naval Support Activity, Norfolk | $26,924,000 | |
| Naval Ship Yard, Portsmouth | $74,864,000 | |
| Marine Corps Base, Quantico | $183,690,000 | |
| Washington | Naval Base Kitsap, Bremerton (Puget Sound Ship Yard) | $13,341,000 |
| Naval Base Kitsap, Bremerton (Bangor) | $758,842,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Bahrain | Naval Support Activity Bahrain/Southwest Asia | $100,204,000 |
| Djibouti | Camp Lemonnier | $89,499,000 |
| Guam | Joint Region Marianas | $77,267,000 |
| Diego Garcia | Naval Support Facility, Diego Garcia | $35,444,000. |
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,199,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $97,773,000.
Authorization of appropriations, Navy
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,930,382,000, as follows:
For military construction projects inside the United States authorized by section 2201(a), $1,974,622,000.
For military construction projects outside the United States authorized by section 2201(b), $302,414,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $21,495,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $84,362,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $100,972,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $367,863,000.
For the construction of increment 2 of north ramp utilities at Andersen Air Force Base, Guam, authorized by section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2633), $78,654,000.
Extension of authorization of certain fiscal year 2008 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 503), the authorization set forth in the table in subsection (b), as provided in section 2201(c) of that Act (122 Stat. 511) and extended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4443), shall remain in effect until October 1, 2012, or the date of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| Location | Installation or Location | Project | Amount |
| Unspecified Worldwide | Various | Host Nation Infrastructure | $2,700,000. |
Technical amendment for consistency in project authorization display
The table in section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 511) is amended to read as follows:
| Location | Installation or Location | Project | Amount |
| Unspecified Worldwide | Various | Wharf Utilities Upgrade | $8,900,000 |
| Unspecified Worldwide | Various | Host Nation Infrastructure | $2,700,000 |
Extension of authorizations of certain fiscal year 2009 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4658), the authorization set forth in the table in subsection (b), as provided in section 2201 of that Act (122 Stat 4670), shall remain in effect until October 1, 2012, or the date of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
| California | Marine Corps Base, Camp Pendleton | Operations Assess Points, Red Beach | $11,970,000 |
| California | Marine Corps Air Station, Miramar | Emergency Response Station | $6,530,000 |
| District of Columbia | Washington Navy Yard | Child Development Center | $9,340,000. |
Air force military construction
Authorized Air Force construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alaska | Eielson Air Force Base | $45,000,000 |
| Joint Base Elmendorf-Richardson | $97,000,000 | |
| Arizona | Davis-Monthan Air Force Base | $33,000,000 |
| Luke Air Force Base | $24,000,000 | |
| California | Travis Air Force Base | $22,000,000 |
| Vandenberg Air Force Base | $14,200,000 | |
| Colorado | U.S. Air Force Academy | $13,400,000 |
| Delaware | Dover Air Force Base | $2,800,000 |
| Kansas | Fort Riley, Kansas | $7,600,000 |
| Louisiana | Barksdale Air Force Base | $23,500,000 |
| Missouri | Whiteman Air Force Base | $4,800,000 |
| Nebraska | Offutt Air Force Base | $564,000,000 |
| Nevada | Nellis Air Force Base | $35,850,000 |
| New Mexico | Cannon Air Force Base | $22,598,000 |
| Holloman Air Force Base | $29,200,000 | |
| Kirtland Air Force Base | $25,000,000 | |
| North Carolina | Pope Air Force Base | $6,000,000 |
| North Dakota | Minot Air Force Base | $67,800,000 |
| Texas | Joint Base San Antonio | $110,000,000 |
| Utah | Hill Air Force Base | $23,300,000 |
| Virginia | Joint Base Langley Eustis | $50,000,000 |
| Washington | Fairchild Air Force Base | $27,600,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Germany | Ramstein Air Base | $34,697,000 |
| Greenland | Thule Air Base | $28,000,000 |
| Guam | Joint Region Marianas | $211,600,000 |
| Italy | Naval Air Station, Sigonella | $15,000,000 |
| Korea | Osan Air Base | $23,000,000 |
| Qatar | Al Udeid air Base | $37,000,000. |
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,208,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $80,596,000.
Authorization of appropriations, Air Force
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,854,423,000, as follows:
For military construction projects inside the United States authorized by section 2301(a), $834,648,000.
For military construction projects outside the United States authorized by section 2301(b), $349,297,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $81,913,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $84,804,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $404,761,000.
For the construction of increment 2 of the Air Force Technical Applications Center at Patrick Air Force Base, Florida, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4444), $79,000,000.
Modification of authorization to carry out certain fiscal year 2010 project
In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2010 (Division B of Public Law 111–84; 123 Stat. 2636) for Hickam Air Force Base, Hawaii, for construction of a Ground Control Tower at the installation, the Secretary of the Air Force may construct 43 vertical meters (141 vertical feet) in lieu of 111 square meters (1,195 square feet), consistent with the Air Force’s construction guidelines for control towers, using amounts appropriated pursuant to authorizations of appropriations in prior years.
Extension of authorization of certain fiscal year 2009 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4658), the authorization set forth in the table in subsection (b), as provided in section 2301(b) of that Act (122 Stat. 4676) shall remain in effect until October 1, 2012, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013, whichever is later:
Table
The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Amount |
| Germany | Spangdahlem AB | Construct Child Development Center | $11,400,000. |
Defense agencies military construction
Defense agency authorizations
Authorized Defense Agencies construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
| Alabama | Redstone Arsenal | $58,800,000 |
| Alaska | Anchorage | $18,400,000 |
| Eielson Air Force Base | $14,800,000 | |
| Arizona | Davis-Monthan Air Force Base | $23,000,000 |
| California | Defense Distribution Depot Tracy | $15,500,000 |
| Marine Corps Base, Camp Pendleton | $12,141,000 | |
| Naval Base, Coronado | $42,000,000 | |
| Naval Base, Coronado (San Clemente) | $21,800,000 | |
| Colorado | Buckley Air Force Base | $140,932,000 |
| District of Columbia | Bolling Air Force Base | $16,736,000 |
| Florida | Eglin Air Force Base | $61,100,000 |
| Macdill Air Force Base | $15,200,000 | |
| Naval Air Station, Whiting Field | $3,800,000 | |
| Georgia | Fort Benning | $37,205,000 |
| Fort Gordon | $11,340,000 | |
| Fort Stewart | $72,300,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | $14,400,000 |
| Illinois | Naval Station, Great Lakes | $16,900,000 |
| Kentucky | Fort Campbell | $138,500,000 |
| Fort Knox | $38,845,000 | |
| Louisiana | Barksdale Air Force Base | $6,200,000 |
| Maryland | Fort Meade | $860,579,000 |
| Joint Base Andrews | $265,700,000 | |
| National Naval Medical Center, Bethesda | $18,000,000 | |
| Massachusetts | Hanscom Air Force Base | $34,040,000 |
| Westover Air Reserve Base | $23,300,000 | |
| Mississippi | Columbus Air Force Base | $2,600,000 |
| Construction Battalion Center, Gulfport | $34,700,000 | |
| Missouri | Arnold | $9,253,000 |
| New Mexico | Cannon Air Force Base | $132,997,000 |
| New York | Fort Drum | $20,400,000 |
| North Carolina | Camp Lejeune | $6,670,000 |
| Fort Bragg | $206,274,000 | |
| Marine Corps Air Station, New River | $22,687,000 | |
| Pope Air Force Base | $5,400,000 | |
| Ohio | Defense Supply Center Columbus | $10,000,000 |
| Oklahoma | Altus Air Force Base | $8,200,000 |
| Pennsylvania | Defense Distribution Depot New Cumberland | $46,000,000 |
| Defense Supply Center Philadelphia | $8,000,000 | |
| South Carolina | Joint Base Charleston | $24,868,000 |
| Texas | Joint Base San Antonio | $194,300,000 |
| Virginia | Charlottesville | $10,805,000 |
| Fort Belvoir | $54,625,000 | |
| Joint Expeditionary Base Little Creek-Story | $37,000,000 | |
| Marine Corps Base, Quantico | $46,727,000 | |
| Naval Air Station, Oceana (Dam Neck) | $23,116,000 | |
| Dahlgren | $1,988,000 | |
| Pentagon Reservation | $8,742,000 | |
| Washington | Joint Base Lewis-McChord | $35,000,000 |
| Naval Air Station, Whidbey Island | $25,000,000 | |
| West Virginia | Camp Dawson | $2,200,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
| Belgium | Brussels | $24,118,000 |
| Germany | Ansbach | $11,672,000 |
| Baumholder | $59,419,000 | |
| Grafenwoehr | $6,529,000 | |
| Rhine Ordnance Barracks | $1,196,650,000 | |
| Spangdalem Air Base | $129,043,000 | |
| Stuttgart-Patch Barracks | $2,434,000 | |
| Italy | Vicenza | $41,864,000 |
| Japan | Yokota Air Base | $61,842,000 |
| United Kingdom | Menwith Hill Station | $68,601,000 |
| Royal Air Force Alconbury | $35,030,000. |
Energy conservation projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $135,000,000.
Authorization of appropriations, Defense Agencies
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $3,902,948,000 as follows:
For military construction projects inside the United States authorized by section 2401(a), $2,128,131,000.
For military construction projects outside the United States authorized by section 2401(b), $511,144,000.
For unspecified minor military construction projects under section 2805 of title 10, United States Code, $39,329,000.
For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $454,602,000.
For energy conservation projects under chapter 173 of title 10, United States Code, $135,000,000.
For military family housing functions:
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $50,723,000.
For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $3,468,000.
For the construction of increment 6 of the Army Medical Research Institute of Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $137,600,000.
For the construction of increment 4 of replacement fuel storage facilities at Point Loma Annex, California, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 521), as amended by section 2406 of the Military Construction Authorization Act of Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2646), $27,000,000.
For the construction of increment 4 of the United States Army Medical Research Institute of Chemical Defense replacement facility at Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4689), $22,850,000.
For the construction of increment 3 of a National Security Agency data center at Camp Williams, Utah, authorized as a Military Construction, Defense-Wide project by the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1888), $246,401,000.
For the construction of increment 3 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2642), $136,700,000.
Chemical demilitarization authorizations
Authorization of appropriations, chemical demilitarization construction, defense-wide
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for military construction and land acquisition for chemical demilitarization in the total amount of $75,312,000, as follows:
For the construction of phase 13 of a chemical munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), and section 2413 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), $15,338,000.
For the construction of phase 12 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383; 124 Stat. 4450), $59,974,000.
North atlantic treaty organization security investment program
Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $272,611,000.
Guard and reserve forces facilities
Authorized Army National Guard construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| Alabama | Fort McClellan | $16,500,000 |
| Arizona | Papago Military Reservation | $17,800,000 |
| Arkansas | Fort Chaffee | $3,500,000 |
| California | Camp Roberts | $38,160,000 |
| Camp San Luis Obispo | $8,000,000 | |
| Colorado | Alamosa | $6,400,000 |
| Aurora | $3,600,000 | |
| Fort Carson | $43,000,000 | |
| District of Columbia | Anacostia | $5,300,000 |
| Florida | Camp Blanding | $5,500,000 |
| Georgia | Atlanta | $11,000,000 |
| Hinesville | $17,500,000 | |
| Macon | $14,500,000 | |
| Hawaii | Kalaeloa | $33,000,000 |
| Illinois | Normal | $10,000,000 |
| Indiana | Camp Atterbury | $81,900,000 |
| Indianapolis | $25,700,000 | |
| Maine | Bangor | $15,600,000 |
| Brunswick | $23,000,000 | |
| Maryland | Dundalk | $16,000,000 |
| La Plata | $9,000,000 | |
| Westminster | $10,400,000 | |
| Massachusetts | Natick | $9,000,000 |
| Minnesota | Camp Ripley | $8,400,000 |
| Mississippi | Camp Shelby | $64,600,000 |
| Nebraska | Grand Island | $22,000,000 |
| Mead | $9,100,000 | |
| Nevada | Las Vegas | $23,000,000 |
| New Jersey | Lakehurst | $49,000,000 |
| New Mexico | Santa Fe | $5,200,000 |
| North Carolina | Greensboro | $3,700,000 |
| Oklahoma | Camp Gruber | $13,361,000 |
| Oregon | The Dalles | $13,800,000 |
| South Carolina | Allendale | $4,300,000 |
| Utah | Camp Williams | $6,500,000 |
| Virginia | Fort Pickett | $11,000,000 |
| West Virginia | Buckhannon | $10,000,000 |
| Wisconsin | Camp Williams | $7,000,000 |
| Wyoming | Cheyenne | $8,900,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table:
| Country | Location | Amount |
| Puerto Rico | Fort Buchanan | $57,000,000. |
Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| California | Fort Hunter Liggett | $5,200,000 |
| Colorado | Fort Collins | $13,600,000 |
| Illinois | Homewood | $16,000,000 |
| Rockford | $12,800,000 | |
| Indiana | Fort Benjamin Harrison | $57,000,000 |
| Kansas | Kansas City | $13,000,000 |
| Massachusetts | Attleboro | $22,000,000 |
| Minnesota | Saint Joseph | $11,800,000 |
| Missouri | Weldon Springs | $19,000,000 |
| New York | Schenectady | $20,000,000 |
| North Carolina | Greensboro | $19,000,000 |
| South Carolina | Orangeburg | $12,000,000 |
| Wisconsin | Fort McCoy | $27,300,000. |
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| Pennsylvania | Pittsburgh | $13,759,000 |
| Tennessee | Memphis | $7,949,000. |
Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| California | Beale Air Force Base | $6,100,000 |
| Moffett Field | $26,000,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | $39,521,000 |
| Indiana | Fort Wayne International Airport | $4,000,000 |
| Maryland | Martin State Airport | $4,900,000 |
| Massachusetts | Otis Air National Guard Base | $7,800,000 |
| Ohio | Springfield Beckley-Municipal Airport | $6,700,000. |
Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
| California | March Air Force Base | $16,393,000 |
| South Carolina | Charleston Air Force Base | $9,593,000. |
Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
For the Department of the Army, for the Army National Guard of the United States, $773,592,000.
For the Department of the Army, for the Army Reserve, $280,549,000.
For the Department of the Navy, for the Navy and Marine Corps Reserve, $26,299,000.
For the Department of the Air Force, for the Air National Guard of the United States, $116,246,000.
For the Department of the Air Force, for the Air Force Reserve, $33,620,000.
Extension of authorization of certain fiscal year 2008 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 503), the authorization set forth in the table in subsection (b), as provided in section 2601 and 2604 of that Act (122 Stat. 527–528), shall remain in effect until October 1, 2012, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Amount |
| Pennsylvania | Coatesville | Readiness Center | $8,300,000. |
Extension of authorizations of certain fiscal year 2009 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4658), the authorization set forth in the tables in subsection (b), as provided in sections 2601, 2602, and 2603 of that Act, shall remain in effect until October 1, 2012, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2013, whichever is later.
Tables
The tables referred to in subsection (a) are as follows:
| State | Installation or Location | Project | Amount |
| Indiana | Camp Atterbury | Multipurpose Machine Gun Range | $5,800,000 |
| Nevada | Elko | Readiness Center | $11,375,000. |
| State | Installation or Location | Project | Amount |
| New York | Staten Island | Army Reserve Center | $18,550,000. |
| State | Installation or Location | Project | Amount |
| Delaware | Wilmington | Armed Forces Reserve Center | $11,530,000. |
Base realignment and closure activities
Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $323,543,000, as follows:
For the Department of the Army, $70,716,000.
For the Department of the Navy, $129,351,000.
For the Department of the Air Force, $123,476,000.
Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005
Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of $258,776,000.
Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the total amount of $258,776,000, as follows:
For the Department of the Army, $229,190,000.
For the Department of the Navy, $25,829,000.
For the Department of the Air Force, $1,966,000.
For the Defense Agencies, $1,791,000.
Authority to extend deadline for completion of limited number of base closure and realignment recommendations
Section 2904 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is amended—
in subsection
(a)(5), by striking complete
and inserting except in the
case of a closure or realignment recommendation extended pursuant to subsection
(c), complete
; and
by adding at the end the following new subsection:
Limited authority To extend implementation period
In the case of the recommendations of the Commission contained in the report of the Commission transmitted by the President to Congress in accordance with section 2914(e) on September 15, 2005, the Secretary may extend the period for completing not more than 10 of the closure or realignment recommendations until the later of the following:
September 15, 2012.
The date of the enactment of an Act authorizing funds for military construction for fiscal year 2013.
To extend a closure or realignment recommendation under this subsection, the Secretary shall submit to the congressional defense committees a report containing the following:
A justification of the need for the extension of the closure or realignment recommendation.
A certification that the extension is necessary to ensure the operational readiness of units or functions being relocated as part of the implementation of the recommendation.
An explanation of the impact of the extension on communities in the vicinity of the affected installations.
An explanation of the impacts of not providing the extension on operational readiness.
An estimation of the costs to the Government associated with the extension.
A schedule for completing the closure or realignment recommendation in light of the extension.
The extension of a closure or realignment recommendation under this subsection shall take effect only after—
the end of the 21-day period beginning on the date on which the report required by paragraph (2) with respect to that recommendation is received by the congressional defense committees; or
if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of title 10, United States Code.
The authority of the Secretary under paragraph (1) may be exercised only by the Secretary or Deputy Secretary of Defense.
.
Military construction general provisions
Clarification of authority to use the Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration activities at the Pentagon Reservation
Section 2674(e)(4) of title 10, United States Code, is amended—
by striking
The authority
and inserting (A) Except as provided in
subparagraph (B), the authority
; and
by adding at the end the following new subparagraph:
The Secretary may use monies from the Fund to support construction or alteration activities at the Pentagon Reservation within the limits stated in section 2805 of this title.
.
Increase in dollar threshold for certain authorities relating to unspecified minor construction projects
Section
2805(a)(2) of title 10, United States Code, is amended by striking
$3,000,000
in the second sentence and inserting
$4,000,000
.
Enhanced authority for use of operation and maintenance funds for unspecified minor military construction projects in support of Operation Enduring Freedom
Increased cost threshold
Notwithstanding the cost limitations of section 2805 of title 10, United States Code, the Secretary concerned may use funds available for overseas contingency operations for operation and maintenance to carry out unspecified minor military construction projects in direct support of Operation Enduring Freedom costing not more than $3,000,000.
Secretary concerned
For purposes of this section, the term Secretary
concerned
has the meaning applicable to such term under section 2805 of
title 10, United States Code.
Approval and congressional notification
The Secretary concerned shall meet the reporting requirements pursuant to subsection (b) of section 2805 of title 10, United States Code.
Expiration of authority
The authority provided in subsection (a) shall expire on September 30, 2012.
Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States
One-Year extension of authority
Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4459), is amended—
in subsection
(c)(2), by striking fiscal year 2011
and inserting fiscal
year 2012
; and
in subsection (h)—
in paragraph (1),
by striking September 30, 2011
and inserting September
30, 2012
; and
in paragraph (2),
by striking fiscal year 2012
and inserting fiscal year
2013
.
Modification of quarterly reporting requirement
Subsection (g) of such section is amended
by striking
Quarterly Reports
or
in the subsection heading;
by striking
the report for a fiscal-year quarter under subsection (d) or
;
and
by striking
report or
.
Technical amendment
Subsections (a) and (i) of such section are amended by
striking Combined Task Force-Horn of Africa
each place it
appears and inserting Combined Joint Task Force-Horn of
Africa
.