Clerk session vote number: 358
Description: Maloney of New York Amendment No. 47
Bill summary: National Defense Authorization Act for Fiscal Year 2012 -
Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations
- (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs
- (Sec. 111) Prohibits the Secretary of the Army
from procuring more than 100 Stryker combat vehicles. Allows such Secretary to waive such limitation after a specified certification to the congressional defense and appropriations committees, including that there are validated Army needs requiring the waiver.
(Sec. 112) Directs the Secretary of the Army, upon determining to retire a C-23 aircraft for which there has been no agreed-upon transfer, to first offer it to the chief executive officer of the state in which the aircraft is based. Requires the state to assume all costs of the aircraft following its transfer.
Directs the Secretary of the Air Force to study, and report to the defense and appropriations committees on, the number of fixed- and rotary-wing aircraft required to support Air Force missions at low, medium, moderate, high, and very-high levels of operational risk. Requires the Comptroller General (CG) to conduct a sufficiency review of such study, and report review results to such committees.
(Sec. 113) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for UH-60M/HH-60M and MH-60R/S helicopters.
Subtitle C: Navy Programs
- (Sec. 121) Authorizes the Secretary of the Navy to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters.
(Sec. 122) Directs the Secretary of Defense (Secretary), in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that a separate, dedicated procurement line item is designated for each surface warfare, mine countermeasures, and anti-submarine warfare littoral combat ship (LCS) module.
(Sec. 123) Requires the Secretary of the Navy to: (1) conduct a life-cycle cost-benefit analysis comparing alternative maintenance and sustainability plans for the LCS program, and (2) report analysis results to the defense and appropriations committees.
(Sec. 124) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to allow the Secretary of the Navy to fund construction of the Ford-class aircraft carriers designated CVN-79 and CVN-80 over a five-year period.
Subtitle D: Air Force Programs
- (Sec. 131) Directs the Secretary of the Air Force, as of October 1, 2011, to maintain a total inventory of strategic airlift aircraft of not less than 301.
(Sec. 132) Prohibits this Act's funds from being obligated or expended to retire any B-1 bomber aircraft before the date on which the Secretary of the Air Force submits to the defense and appropriations committee a plan for retiring such aircraft. Authorizes such Secretary, after such date, to retire more than six of such aircraft through FY2016.
(Sec. 133) Prohibits the Secretary of the Air Force from taking any action to prevent maintaining the U-2 aircraft fleet in its current configuration and capability beyond FY2016 until: (1) the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense, appropriations, and intelligence committees that the operating and sustainment costs for the Global Hawk unmanned aerial vehicle are less than comparable costs for the U-2 on a flight-hour basis; and (2) the Chairman of the Joint Requirements Oversight Council (JROC) certifies to such committees that the capability to be fielded before or at the same time of U-2 aircraft retirement would result in equal or greater capability available to the commanders of the combatant commands.
(Sec. 134) Authorizes the use of specified FY2011 B-2 bomber aircraft funds for: (1) research, development, test, and evaluation on a conventional mixed load capability for such aircraft, and (2) supporting alternative options for the extremely high frequency terminal Increment 1 program of record. Directs the Secretary of the Air Force to submit to the defense and appropriations committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 and other aircraft.
(Sec. 136) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Allows such Secretary to use incremental funding for up to six fiscal years in connection with the procurement. Makes such procurement subject to the availability of appropriations. Prohibits the total procurement amount, after certain exclusions, from exceeding $3.1 billion. Allows such Secretary to adjust such limitation by specified amounts, including increases or decreases after FY2011 attributable to inflation or to compliance with changes in federal, state, and local laws. Requires such Secretary to notify the defense and appropriations committees of any such adjustment. Allows such Secretary to use funds currently available for high frequency satellite space vehicle number 5 for the procurement of parts and the replacement of parts for space vehicle number 6. Requires such Secretary to report to such committees on the fixed-price contract. Expresses the sense of Congress that such Secretary should not enter into such a contract until determining that it will save the Air Force at least 20% over procuring two satellites separately.
Subtitle E: Joint and Multiservice Matters
- (Sec. 141) Limits the FY2012 obligation of funds for the joint tactical radio system to 70% until the Secretary of the Army makes a specified certification to the defense and appropriations committees relating to its acquisition strategy. Makes such limitation inapplicable to the low-rate initial production of certain programs under such system.
(Sec. 142) Limits the FY2012 obligation of funds for the procurement of fixed-wing, non-standard aviation aircraft in support of the aviation foreign internal defense program to 50% until the Commander of the U.S. Special Operations Command reports to the defense and appropriations committees on such program.
(Sec. 143) Directs the Secretary, in entering into a contract for the sixth and all subsequent low-rate initial production contract lots for the F-35 Lightning II Joint Strike Fighter aircraft, to ensure that the contract: (1) is a fixed-price contract, and (2) requires the contractor to assume full responsibility for contract costs above the target cost.
(Sec. 144) Prohibits the Commander of the U.S. Special Operations Command from making any milestone B acquisition decisions with respect to certain elements of the undersea mobility acquisition program until 30 days after the Under Secretary: (1) conducts an assessment and determination of whether to treat the element as a major defense acquisition program, and (2) reports assessment and determination results to the defense and appropriations committees.
(Sec. 145) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to include in quarterly reports on the use of combat mission requirement funds a table setting forth the requirements approved during the fiscal year in which the report is submitted and the two preceding fiscal years, as well as a statement of any unspent funds for such period.
(Sec. 146) Directs the Air Force Audit Agency to submit to the defense and appropriations committees the results of a financial audit of funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System aircraft re-engining program.
(Sec. 147) Authorizes the Secretary to transfer to the United Kingdom an F-35 Lightning II aircraft in the carrier variant configuration in exchange for such an aircraft in the short take-off and vertical landing configuration. Provides: (1) funding for the aircraft to be exchanged by the United States, and (2) exchange implementation through a memorandum of understanding.
(Sec. 148) Requires the Secretary to report to the defense and appropriations committees on the development of the short take-off, vertical landing variant of the Joint Strike Fighter.
(Sec. 149) Requires the Under Secretary, at the same time as submission of the FY2013 budget, to report to the defense committees on DOD plans to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 within the Joint Strike Fighter aircraft program.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations
- (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations
- (Sec. 211) Limits the FY2012 obligation of funds for the ground combat vehicle program to 80% until the Secretary of the Army submits to the defense and appropriations committees an updated analysis of alternatives to such vehicle, and related information.
(Sec. 212) Prohibits the individual carbine program from receiving Milestone C approval until the Secretary of the Army submits to the defense and appropriations committees a business case assessment of such program. Authorizes the Secretary of Defense to waive such prohibition in the national security interest.
(Sec. 213) Limits to 75% the availability of funds earmarked for the Navy's future unmanned carrier-based strike system until 60 days after: (1) the JROC Chairman makes certain system certifications to the defense and appropriations committees; (2) the Assistant Secretary of the Navy for Research, Development, and Acquisition reports to such committees on the system's threshold, performance parameters, and requirements; and (3) the Under Secretary makes certain certifications to such committees on system alternatives and acquisition strategy. Requires the CG to brief such committees on such acquisition strategy.
(Sec. 214) Prohibits the FY2012 obligation or expenditure of funds for specified Navy amphibious vehicles until the Secretary of the Navy certifies the requirements of such vehicles based on the needs of the combatant commanders. Prohibits Milestone B approval for the Marine personnel carrier until 30 days after the receipt of such certification. Directs such Secretary to conduct an analysis of alternatives to such vehicle, and to submit to the defense and appropriations committees a habitability assessment with respect to time spent in such vehicles.
(Sec. 215) Prohibits the obligation of more than 80% of the research and development funds for the F-35 Lightning II aircraft program until the Secretary certifies to the defense and appropriations committees that the acquisition strategy for such aircraft includes a plan for achieving competition throughout operation and sustainment.
(Sec. 216) Prohibits the obligation or expenditure of more than 40% of the funds earmarked for Increment 2 of the B-2 bomber aircraft extremely high frequency satellite communications program until 15 days after the Secretary of the Air Force submits to the defense and appropriations committees a program certification and a plan setting forth the projected cost and schedule for certain RDT&E under the program.
(Sec. 217) Expresses the sense of Congress that: (1) improvements to the U.S. space situational awareness and space command and control capabilities are necessary; and (2) the traditional defense acquisition process is not optimal for developing the architecture and environment planned for the Joint Space Operations Center management system. Prohibits the use of FY2012 funds for release one of such system until the Secretary of the Air Force and the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) jointly submit to the defense and appropriations committees the acquisition strategy for such system.
(Sec. 218) Limits the FY2012 obligation of funds for the wireless innovation fund within the Defense Advanced Research Projects Agency (DARPA) to 10% until the Under Secretary reports to the defense and appropriations committees on how such funds will be managed and executed.
(Sec. 219) Prohibits the Secretary from delegating to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of certain DOD research and educational programs and activities that is currently carried out by the Assistant Secretary of Defense for Research and Engineering.
(Sec. 220) Directs the Secretary to designate the development and procurement of the main propulsion turbomachinery of the next-generation long-range strike bomber aircraft as a major subprogram of such aircraft's major defense acquisition program. Requires the Secretary of the Air Force to develop an acquisition strategy for such subprogram.
(Sec. 221) Directs the Secretary to designate the electromagnetic aircraft launch development and procurement program as a major subprogram of the CVN-78 Ford-class aircraft carrier major defense acquisition program. Allows the Secretary to cease such designation upon the program's successful completion of operational testing.
(Sec. 222) Authorizes the Secretary of the Army to conduct a program for flight research and demonstration of advanced rotorcraft technology. Outlines program elements, goals, and objectives. Requires such Secretary, in awarding a contract under such program, to use full and open competitive procedures.
(Sec. 223) Directs the Secretary to: (1) develop a plan for the disposition of property that was acquired under the F136 propulsion system development contract, and (2) report to the defense and appropriations committees on such plan. Prohibits the use of any FY2012 RDT&E funds for the F-35 Lightning II aircraft program until 30 days after the receipt of such report.
Subtitle C: Missile Defense Programs
- (Sec. 231) Requires the Director of the Missile Defense Agency (MDA) to: (1) establish and maintain an acquisition baseline for each program element of the ballistic missile defense (BMD) system, as well as each designated major subprogram of such elements; and (2) establish such baselines before the element or subprogram enters engineering and manufacturing development, and production and deployment. Prohibits (with exceptions) the Director from adjusting or revising an established baseline. Outlines baseline elements required for such elements or subprograms, and requires the Director to report annually to the defense and appropriations committees on the baselines.
(Sec. 232) Directs the CG, at the end of each of FY2012-FY2015, to review required annual DOD reports on acquisition baselines and variances of missile defense acquisition programs and assess the extent to which the MDA has achieved its acquisition goals and objectives, and report assessment results to the defense and appropriations committees.
(Sec. 233) Directs the Secretary to report to the defense and appropriations committees on results of the missile defense hedging strategy review for protection of the U.S. homeland.
(Sec. 234) Expresses the sense of Congress that: (1) it is essential for the Ground-based Midcourse Defense (GBMD) element of the BMD System to achieve appropriate levels of reliability, availability, sustainability, and operational performance for continued protection of the U.S. homeland; (2) the MDA should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the GBMD system, design a correction of the problem, and verify that such correction is effective and will allow the GBMD to reach the capabilities described above; (3) after the MDA has verified the problem correction, it should assess the need for any additional ground-based interceptors and any additional steps needed for the GBMD testing and sustainment program; and (4) DOD should plan for and budget sufficient future funds for the GBMD to ensure the ability to complete and verify an effective correction of the problem. Requires two annual reports from the Secretary to the defense and appropriations committees on DOD plans to correct the problem, and progress toward achievement of such plan.
(Sec. 235) Prohibits the obligation of more than 25% of the funds earmarked for the medium extended air defense (MEAD) system program until the Secretary submits to the defense and appropriations committees a plan for the use of such funds to either restructure or terminate the program. Directs the Secretary to submit to such committees a detailed description of efforts made with Germany and Italy to agree on ways to minimize each nation's costs in implementing a restructured program or of unilateral or multilateral program contract termination.
(Sec. 236) Expresses the sense of Congress on the importance of: (1) improving the integration of BMD training across and between combatant commands and military departments, (2) identifying and addressing training gaps in integrating missile defense training, and (3) identifying the capabilities and funding needed to integrate such training across and between such commands and departments.
Subtitle D: Reports
- (Sec. 241) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend through 2016 requirements for a biennial roadmap and annual review and certification of funding for the development of hypersonics.
(Sec. 242) Directs the Secretary of the Navy and the Commander of the U.S. Strategic Command to jointly report to the defense and appropriations committees on options to replace the Ohio-class ballistic submarine program.
(Sec. 243) Directs the Secretary of the Navy to report to the defense and appropriations committees on the development, future deployment, and operational challenges of the Navy's electromagnetic rail gun system. Requires the Chief of Naval Research to provide an interim update briefing to such committees.
(Sec. 244) Directs the CG, until March 2017, to: (1) conduct an annual review of the KC-46A aircraft acquisition program, and (2) report each review's results to the defense and appropriations committees.
(Sec. 245) Requires the: (1) Secretary to select an entity outside DOD to conduct an independent review and assessment of DOD's cryptographic modernization program, and (2) entity chosen to report review results to the Secretary and the defense and appropriations committees.
(Sec. 246) Directs the Secretary to report to the defense and appropriations committees describing the contract award process for each RDT&E contract awarded using other than competitive procedures.
Subtitle E: Other Matters
- (Sec. 251) Repeals, as of October 1, 2013, the Technology Transition Initiative (the rapid transition of new technologies from DOD science and technology programs into DOD acquisition programs for the production of such technologies).
(Sec. 252) Amends the Skelton Act to require the contractor to bear at least 50% of the cost of activities for enhancing or enabling the exportability of certain designated defense systems.
(Sec. 253) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend through FY2016 the authority for funding for defense laboratories for research and development (R&D) of technologies for military missions.
(Sec. 254) Prohibits, if the total amount authorized for the National Defense Education Program for FY2012 is less than the amount requested by the President in the FY2012 budget, the Secretary from deriving the difference from the K-12 component of such Program.
(Sec. 255) Authorizes the Secretary of the Army to acquire real property and associated interests in the vicinity of Hanover, New Hampshire, as needed for research and engineering laboratory facilities. Prohibits such Secretary from paying more than fair market value for such property and interests.
(Sec. 256) Expresses the sense of Congress that: (1) active matrix organic light emitting diode (OLED) technology displays have the potential to reduce the size, weight, and energy consumption of both mounted and dismounted military systems; (2) the United States has a limited OLED manufacturing industry; and (3) the Secretary should use existing programs to support the reduction of costs and risks related to OLED manufacturing technologies.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations
- (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions
- (Sec. 311) Directs the Chairman of the Joint Chiefs of Staff (JCS) to designate a senior official to be responsible for operational energy plans for the JCS and the Joint Staff. Extends from 10 to 30 days after each year's DOD budget is submitted to Congress the deadline for a report from the Secretary to Congress on proposed budgets that the Assistant Secretary of Defense for Operational Energy Plans and Programs has not certified.
(Sec. 312) Amends the Sikes Act (DOD land resources management) to: (1) define "state" for purposes of such Act; (2) include state-owned National Guard installations under such Act's coverage; and (3) provide for the funding of integrated natural resources management plans, including plans for state-owned National Guard installations. Amends various section headings under such Act to accommodate changes made under this section.
(Sec. 313) Amends the Act to Prevent Pollution from Ships to provide an exclusion from such Act's ship pollutant discharge requirements for military ships that have unique military design, construction, manning, or operation requirements and cannot comply with such requirements because it is not technologically feasible or would impair the operations or operational capability of the ship. Provides updated pollution discharge requirements for military vessels at sea.
(Sec. 314) Modifies responsibilities of the Assistant Secretary of Defense for Operational Energy, Plans, and Programs to include the development and oversight of alternative fuels activities and the streamlining of alternative fuel investments. Requires information on such activities to be included in a currently-required annual DOD energy management report.
(Sec. 315) Requires the DOD energy performance master plan to specifically address the application of energy-efficient or energy reduction technologies and processes in logistics support contracts for contingency operations. Requires the annual DOD energy management report to include progress in the implementation of such technologies and processes.
(Sec. 316) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to require the Secretary, within 180 days after waste is disposed of in open-air burn pits during contingency operations, to submit to the defense committees a health assessment report on each pit where at least 100 personnel have been employed for at least 90 consecutive days.
(Sec. 317) Directs the Secretary to report annually to Congress on defense environmental programs.
(Sec. 318) Authorizes the Secretary of the Navy to transfer specified funds to the Environmental Protection Agency (EPA) as payment in connection with a remedial investigation/feasibility study for the Jackson Park Housing Complex, Washington.
(Sec. 319) Prohibits funds from being used for deciding or adjudicating any claim regarding water contamination at Camp Lejeune, North Carolina, unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies to the defense committees. Provides for the resolution of certain disputes in connection with such claims.
(Sec. 320) Amends the Clean Air Act to exempt a substance listed as acceptable for use as a fire suppression agent for nonresidential applications from the prohibition against introducing into interstate commerce or using any class II substance (specified hydrochlorofluorocarbons).
Subtitle C: Logistics and Sustainment
- (Sec. 321) Revises the definition of "depot-level maintenance and repair" for purposes of maintenance depots.
(Sec. 322) Requires the Secretary or the Secretary of the military department concerned (Secretary concerned) to designate each military industrial facility of the military departments and defense agencies as a Center of Industrial and Technical Excellence in their recognized core competencies.
(Sec. 323) Repeals the limit (eight) on the number of cooperative arrangements that may be entered into by Army industrial facilities with non-Army entities. Makes such authority permanent (under current law, terminates at the end of FY2014). Revises a report requirement under the NDAA for Fiscal Year 2008 to include an assessment of the effectiveness of the use of such authority and recommendations to improve the ability of each facility to compete for such contracts.
(Sec. 324) Directs the Under Secretary to implement four actions recommended in a report of the Government Accountability Office (GAO) which resulted from F-22 and F-35 aircraft corrosion studies, and to brief the defense and appropriations committees on activities undertaken to implement such actions. Requires such implementation by January 31, 2012, and requires compliance across the military departments by the end of 2012. Requires the Under Secretary, if compliance is not feasible by such date, to justify to such committees the reasons therefor.
(Sec. 325) Requires, within an annual report on DOD minimum capital investment in combined maintenance, repair, and overhaul workloads of the military departments, a table showing the funded workload performed by each covered depot for the preceding three fiscal years and actual investment funds allocated to each depot for the period covered by the report. Includes Tooele Army Depot, Utah as a covered depot.
(Sec. 326) Requires the Secretary to report to the defense and appropriations committees on the status of the drawdown, retrograde, and reset program for equipment used in support of operations New Dawn and Enduring Freedom, as well as the status of the overall supply chain management for depot-level activities. Requires the Secretary of the Air Force to contract with a federally funded research and development center (FFRDC) to report to the defense and appropriations committees on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes.
(Sec. 327) Eliminates the exclusion for special access programs from the core logistics capability requirements determination. Includes the nuclear refueling of an aircraft carrier within such exclusion. Requires an annual report from the Secretary to Congress on DOD core logistics capability requirements, workloads, and capital investments.
Subtitle D: Readiness
- (Sec. 331) Amends the Skelton Act to: (1) allow funds voluntarily contributed to DOD for offsetting the costs of mitigation measures to remain available until expended, and (2) allow the Secretary to accept voluntary contributions to conduct studies of potential mitigation measures.
(Sec. 332) Directs the Administrator of the Federal Aviation Administration (FAA) to develop procedures to allow DOD and the Department of Homeland Security (DHS) to review and comment on certain aeronautical studies.
Subtitle E: Reports
- (Sec. 341) Requires the Secretary: (1) to annually certify to the defense and appropriations committees that the prepositioned stocks of each of the military departments meet all operational plans in effect; and (2) if unable to make a complete certification for any year, to include in that certification a list of operational plans affected and mitigation measures taken. Outlines additional required information within an annual report on DOD prepositioned materiel and equipment.
(Sec. 342) Requires, within annual DOD installation energy management reports, an evaluation of practices used in contingency operations and potential improvements to reduce vulnerabilities associated with fuel convoys.
(Sec. 343) Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations, (2) create a master plan of requirements and investments to meet Air Force training and test needs through 2025, and (3) submit to the defense and appropriations committees an interim and final report on plan implementation.
(Sec. 344) Requires the Commander of the U.S. Special Operations Command to: (1) conduct a study on the ability of existing special operations training ranges to support the full spectrum of missions and operations assigned to special operations forces, and (2) submit to the defense and appropriations committees a plan on meeting special operations training requirements through 2025.
(Sec. 345) Directs the Secretary to: (1) survey the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments, and (2) report to the defense and appropriations committees on the advisability of establishing service life extension programs for such classes of vehicles.
(Sec. 346) Requires: (1) the Secretary to commission an independent entity to assess U.S. security interests in the Pacific Command area of responsibility, and (2) the entity selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Authorizes appropriations.
(Sec. 347) Directs: (1) the Secretary to commission an FFRDC to assess the overseas basing presence of U.S. forces, and (2) the FFRDC selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Provides funding.
(Sec. 348) Requires the assessments of the National Military Strategy conducted by the JCS and the DOD quadrennial roles and missions review to include an assessment of joint military training and force allocations.
(Sec. 349) Amends the Hunter Act to require additional information in a report concerning military working dogs. Changes such report requirement from annual to biennial.
Subtitle F: Limitations and Extension of Authority
- (Sec. 351) Authorizes the adoption of a military working dog by the family of a deceased or seriously-wounded member of the Armed Forces (member) who was the dog's handler.
(Sec. 352) Prohibits the Secretary of the Air Force from expanding the Air Force food transformation initiative to include any base other than the six initially included in the pilot program until such Secretary reports to the defense committees on the initiative.
(Sec. 353) Directs the Secretary of the Army to designate the effort to consolidate its enterprise email services as a formal acquisition program, with the Army acquisition executive acting as the milestone decision authority. Prohibits the obligation or expenditure of FY2012 funds for Army migration to enterprise e-mail services until 30 days after such Secretary reports to the defense and appropriations committees on the program's acquisition strategy.
(Sec. 354) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the Army product improvement pilot program.
Subtitle G: Other Matters
- (Sec. 361) Amends the Skelton Act concerning the commercial sale by DOD of small arms ammunition and ammunition components in excess of military requirements to allow the commercial resale of only intact expended small arms cartridge cases. States that such commercial sale provisions shall not apply to ammunition or components stored or expended outside the United States. Requires all such sales to be subject to all applicable explosives safety and trade security controls.
(Sec. 362) Directs the CG to conduct a review of the DOD system for space-available travel to determine its capacity presently and as projected in the future, and to examine the efficiency and usage of such travel.
(Sec. 363) Directs the Secretary of the Navy to maximize the safety and effectiveness of all vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting of hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to NATO and/or coalition forces operating with the Armed Forces. Directs the Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support such Agency's preparation of maps, charts, books, and geodetic products.
(Sec. 364) Requires sums received as reimbursement for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 365) Revises airlift service definitions with respect to the Civil Reserve Air Fleet (CRAF).
(Sec. 366) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the CRAF program. Authorizes the Secretary, in determining the amount of business to be received under an airlift services contract, to factor in the relative amount of airlift capability committed to the CRAF by each air carrier.
(Sec. 367) Directs the Secretary to ensure that civilian and military law enforcement personnel charged with security functions on military installations receive Active Shooter Training as described in a DOD document entitled "Protecting the Force: Lessons From Fort Hood."
(Sec. 368) Directs the Secretary, in procuring tents or other temporary structures and in maintaining an alternative source for such structures, to award contracts that provide the best value to the United States considering their total life-cycle costs.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces
- (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces
- (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations
- (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally
- (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Eliminates as an exception to joint duty assignment limits: (1) an officer released from a joint duty assignment for the 60-day period following such release, and (2) officers from each department designated by the Secretary to serve in joint duty assignments. Revises the number of joint duty general and flag officers excluded from end strength limits. Reduces the full exclusion for officers serving in certain intelligence positions. Requires changes made to take effect on January 1, 2012.
(Sec. 503) Authorizes the Secretary, on a case-by-case basis, to assign a graduate of the National Defense University who is not designated as a joint qualified officer to a joint assignment other than a joint duty assignment. Excludes from the requirement to be assigned to a joint duty assignment after graduation those joint qualified officers and other officers who graduate from a school within the National Defense University following pursuit of a program on an other-than-in-residence basis.
(Sec. 504) Authorizes the Secretary to allow the Secretary concerned to provide a voluntary retirement incentive payment (VRIP) to officers who: (1) have served on active duty for more than 20 but not more than 29 years on the approved date of retirement; (2) meet the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer; (3) on the approved date, have 12 months or more remaining on active duty before reaching the maximum retirement years for the member's grade, or under any other provision of law; and (4) meet any additional requirements as specified by the Secretary concerned. Provides VRIP exclusions. Makes the maximum VRIP payment 12 times the officer's monthly basic pay at the time of retirement. Requires repayment for members who return to active duty, but allows the Secretary to waive repayment when recovery would be against equity and good conscience or contrary to the best U.S. interests. Reinstates certain temporary early retirement authority as provided under the NDAA for Fiscal Year 1993. Makes VRIP authority inapplicable to members of the Coast Guard and the commissioned corps of the National Atmospheric Administration (NOAA).
(Sec. 504) Includes within the definition of "joint duty assignment" all instructor assignments for joint training and education.
Subtitle B: Reserve Component Management
- (Sec. 511) Establishes the position of Vice Chief of the National Guard Bureau, appointed by the President with the advice and consent of the Senate, and holding the grade of lieutenant general while so serving. Requires the Chief and Vice Chief to be designated as general officers and excluded from general officer distribution limits. Establishes the chain of succession for the Chief and Vice Chief in the event of absence or disability. Requires the current Director of the Joint Staff of the National Guard Bureau to continue to serve in the grade of major general as the acting Vice Chief until the Vice Chief is appointed.
(Sec. 512) Includes the Chief within the membership of the JCS. Gives the Chief specific responsibility over matters involving non-federalized National Guard forces in support of homeland defense and civil support missions.
(Sec. 513) Allows preseparation counseling for reserve members being demobilized to commence less than 90 days before their projected date of discharge or release from active duty when operational requirements make the full 90-day requirement unfeasible.
(Sec. 514) Makes discretionary (under current law, mandatory) the authority of the Secretary of the Army or Air Force to allow dual-status military technicians who reach their mandatory separation date before age 60 to apply for continued service until age 60.
(Sec. 515) Authorizes the Secretary, upon request of a state governor for federal assistance in responding to a major disaster or emergency, to order a unit or member of the reserves to active duty for a continuous period of up to 120 days to provide such assistance. Excludes members so serving from reserve personnel end strength limits. Provides for the termination of such duty by order of the Secretary or by law. Requires the usual and customary command and control arrangement with respect to regular and reserve armed forces serving simultaneously in support of civil authorities during such a disaster or emergency.
(Sec. 516) Authorizes the Secretary concerned, when necessary to augment the active forces for a preplanned mission in support of a combatant command, to order any unit of the Selected Reserve to active duty, without the consent of the member, for not more than 365 consecutive days. Outlines activation limitations, including a limit of 60,000 members under such order. Excludes members so ordered from active-duty end strength limits. Directs the Secretary concerned to notify Congress when exercising such authority, including the circumstances necessitating such action. Terminates such duty by law or by order of the Secretary concerned. Requires, when determining which units will be so ordered, appropriate consideration to be given to: (1) length and nature of previous service; (2) frequency of assignments during service career; (3) family responsibilities; and (4) employment necessary to maintain the national health, safety, or interest.
(Sec. 517) Makes reserve officer military technicians (dual status) who have been retained beyond their mandatory removal date for years of service ineligible for consideration for promotion by a mandatory promotion board.
(Sec. 518) Requires that all fully qualified officers of the National Guard and reserves be considered for appointment to the positions of Commander of the Army North Command or Air Force North Command.
(Sec. 519) Directs the Secretary to: (1) study the feasibility and advisability of terminating the military technician as a distinct DOD personnel management category, and (2) report study results to the defense and appropriations committees.
Subtitle C: General Service Authorities
- (Sec. 521) Expresses the sense of Congress regarding the unique nature, demands, and hardships of military service.
(Sec. 522) Directs the Secretary to prescribe a policy that addresses the amount of dwell time a member or unit remains at a permanent duty station or home port between deployments. Requires the Secretary to: (1) establish a system for tracking and recording the number of days each member is deployed; (2) prescribe policies and procedures for measuring operating and personnel tempo; and (3) maintain a central data repository of information for research, analysis, interagency reporting and evaluation of tempo and personnel programs and policies.
(Sec. 523) Includes within protected communications to the DOD Inspector General (whistleblower protections) a communication by a member of the Armed Forces concerning a threat by another member or federal employee that indicates a determination or intent to kill or cause serious bodily injury to members or civilians or damage to military, federal, or civilian property.
(Sec. 524) Directs the Secretary (under current law, the Secretary concerned) to submit to the defense committees and the requesting Member of Congress the rationale supporting a recommendation to award a Medal of Honor to an individual or unit in the case of an award proposal that was not otherwise submitted in a timely manner.
(Sec. 525) Allows any enlisted member to be discharged within one year (under current law, three months) before the expiration of their enlistment or extended enlistment.
(Sec. 526) Extends through 2018 DOD authority to pay voluntary separation pay and benefits to eligible members voluntarily separated from active duty.
(Sec. 527) Prohibits a member from being denied reenlistment for unsuitability based on the same medical condition for which they were determined by a physical evaluation board to be fit for duty.
(Sec. 528) Includes the person designated by the decedent on the record of emergency data (DD Form 93 or any successor form) as the Person Authorized to Direct Disposition among those permitted to direct disposition of remains, regardless of the relationship of the designee to the decedent.
(Sec. 529) Provides additional matters to be covered under preseparation counseling for members and their families, including information on home loan services and housing assistance benefits under laws administered by the Secretary of Veterans Affairs, and counseling on responsible borrowing practices.
(Sec. 530) Authorizes (under current law, requires) the Secretary to pay a high-deployment allowance for members deployed in excess of specified periods.
(Sec. 531) Amends the Hunter Act to extend through 2015 the authority to release members from active duty in order to meet personal or professional needs, and then return them to active duty following the required inactive period.
(Sec. 532) Requires the Secretary concerned, for the purposes of recruitment or enlistment, to treat a graduate who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with that state's education laws as a graduate of a secondary school as defined under the Elementary and Secondary Education Act of 1965. Directs the Secretary of Defense to prescribe a policy that incorporates means for identifying such graduates who are qualified for recruitment and enlistment. Requires each Secretary concerned to: (1) develop a recruitment plan and strategy for targeting various segments of potential recruits with all types of secondary education credentials, and (2) develop a communication plan to ensure that the policy and plan are understood by military recruiters.
(Sec. 533) Directs the Secretary to enhance DOD's suicide prevention program through the provision of suicide prevention information and resources to members from their initial enlistment or appointment through their final retirement or separation. Requires DOD preseparation counseling to include information on the availability of suicide prevention resources to members and their dependents.
Subtitle D: Military Justice and Legal Matters
- (Sec. 541) Amends article 120 of the Uniform Code of Military Justice (UCMJ) involving offenses of rape, sexual assault, and other sexual misconduct to divide such article into three separate articles covering: (1) offenses of rape and sexual assault of any person; (2) sexual offenses against children under age 16; and (3) other nonconsensual sexual misconduct offenses. Defines "child" for purposes of such provisions as one under age 16 (under current law, under 12). Includes as sexual assaults committing a sexual act upon another person: (1) knowing that the other person is asleep, unconscious, or otherwise unaware that the act is occurring; and (2) when the other person is incapable of proper consent due to impairment, mental disease or defect, or physical disability. Provides that marriage is not a defense for any conduct in issue under the offenses of rape and sexual assault. Repeals provisions concerning the defenses of consent and mistake of fact as to consent, as well as other affirmative defenses not being precluded simply by their omission. States specifically that: (1) a sleeping, unconscious, or incompetent person cannot consent; (2) a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; and (3) a person cannot consent while under threat or in fear. Includes under other sexual misconduct the indecent viewing, visual recording, or broadcasting of the private area of another person without their consent and under circumstances in which the other person has a reasonable expectation of privacy.
(Sec. 542) Amends the UCMJ to authorize the issuance of subpoenas to compel the production of documentary evidence prior to trial by court-martial. Requires individuals responding to subpoenas to be provided a means for reimbursement for fees and mileage. Authorizes military convening authorities to certify facts to U.S. attorneys in such cases.
(Sec. 543) Allows members incurring an injury or illness while serving in a combat operation or in a combat zone designated by the Secretary to receive gifts from nonprofit organizations, private parties, and other sources outside of DOD. (Under current law, only individuals with a combat-related injury are so eligible.) Requires regulations covering such gifting to apply retroactively to injuries or illnesses incurred on or after September 11, 2001.
(Sec. 544) Prohibits a military chaplain from being required to perform a marriage that the chaplain does not wish to perform as a matter of conscience or moral principle.
Subtitle E: Member Education and Training Opportunities and Administration
- (Sec. 551) Authorizes the Secretary concerned to carry out one or more programs to provide eligible members with job training and employment skills training for civilian employment. Makes eligible for such program members who: (1) have completed at least 180 days of active duty, and (2) are expected to be discharged or released from such duty within 180 days after commencement of participation in the program.
(Sec. 552) Authorizes the Secretary to carry out a five-year pilot program to assess the feasibility and advisability of offering a program of instruction for Phase II joint professional military education on an other than in-residence basis. Directs the Secretary to report to the defense committees within one year of completion of the pilot program.
(Sec. 553) Authorizes the Secretary concerned to waive the maximum age limit for admission to the military service academies if the individual: (1) satisfies all other admission eligibility requirements; and (2) was or is prevented from admission before reaching the maximum age limit as a result of active duty service in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Prohibits: (1) any waiver in which the candidate would pass his or her 26th birthday by July 1 of the year of admission, and (2) more than five candidates from being admitted to each service academy under such waiver. Requires a report from each department Secretary to the defense committees on the exercise of the waiver authority. Terminates the waiver authority at the end of FY2016.
(Sec. 554) Establishes the positions of Commandant and Provost and Academic Dean at the Air Force Institute of Technology, with appropriate qualifications and responsibilities. Provides a five-year term for each, but authorizes an additional five-year term for the Commandant.
(Sec. 555) Authorizes the Secretary of the Air Force to provide for the enrollment of certain seriously wounded, ill, or injured former or retired enlisted personnel in associate degree programs of the Community College of the Air Force in order to complete their degree program requirements. Prohibits participation by any individuals after the end of the 10-year period following their separation from active duty.
(Sec. 556) Authorizes the Secretary concerned to enter into agreements to pay a stipend to individuals eligible to be appointed as a reserve officer and enrolled or accepted in a course of study that results in a degree in clinical psychology or social work. Requires, under each agreement, that the individual serve, upon completion of the educational program, one year in the Selected Reserve for each six months for which the stipend is provided.
(Sec. 557) Authorizes the Secretary to administer the Troops-to-Teachers program during FY2012. Directs the Secretaries of Defense and Education to jointly report to the defense and education committees on such program.
(Sec. 558) Directs the Secretary to carry out a five-year pilot program to assess the feasibility and advisability of allowing enlisted personnel to obtain civilian credentialing or licensing for skills required for military occupational specialties or qualification for duty specialty codes. Requires the Secretary to: (1) designate at least three and no more than five specialties or codes for coverage under the pilot program, and (2) report to Congress on the program.
(Sec. 559) Directs the Secretary to report to the defense committees on methods to increase the efficiency of DOD's tuition assistance program of tuition assistance for off-duty training or education for members, as well as education and training opportunities for military spouses.
Subtitle F: Armed Forces Retirement Home
- (Sec. 561) Amends the Armed Forces Retirement Home Act of 1991 to make the administration of the Armed Forces Retirement Home (Home), including the provision of health and medical care for its residents, the responsibility of the Secretary.
(Sec. 562) Provides oversight responsibilities and reporting requirements of the Home's Senior Medical Advisor.
(Sec. 563) Requires the Home to have an advisory council, to be known as the Armed Forces Retirement Home Advisory Council, to provide to the Chief Operating Officer and Administrator of each of the two Home facilities recommendations on Home operation and administration and quality of care provided to residents. Requires the Council to report at least annually to the Secretary on its activities, together with recommendations. Provides Council composition and membership, including a Chairperson. Provides for a Resident Advisory Committee at each facility. Discontinues local boards for each facility.
(Sec. 564) Eliminates the positions of Deputy Director and Associate Director at each facility, instead establishing the position of Ombudsman at each facility. Authorizes the Ombudsman to provide information to the Home's Administrator, Chief Operating Officer, and Senior Medical Advisor, as well as the DOD Inspector General and Under Secretary of Defense for Personnel and Readiness. Replaces Director responsibilities with Administrator responsibilities.
(Sec. 565) Replaces transitional resident fee requirements for each Home facility with a permanent fee schedule.
(Sec. 566) Changes from annually to at least once every three years the required inspection of each Home facility by the DOD Inspector General. Revises generally Inspector General reporting and corrective action responsibilities.
(Sec. 567) Repeals transitional provisions of the Armed Forces Retirement Home Act of 1991 relating to the Armed Forces Retirement Home Board and the directors and deputy directors of each Home facility. Changes Board references to references to the Chief Operating Officer. Provides technical and conforming amendments to correspond to changes made under this subtitle.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters
- (Sec. 571) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 572) Earmarks specified FY2012 DOD O&M funds for providing assistance to local educational agencies: (1) that benefit dependents of members and DOD civilian employees; and (2) with significant enrollment changes due to base closures or realignments, force structure changes, or force relocations.
(Sec. 573) Amends the Warner Act to authorize additional forms of assistance to LEAs serving military dependent students who do not attend Department of Defense Education Activity schools. Extends such authority through FY2016.
(Sec. 574) Revises the membership of the Department of Defense Military Family Readiness Council. Includes parents of military personnel as authorized Council members. Provides for National Guard component representation on such Council.
(Sec. 575) Requires reemployment and other employment benefits for individuals ordered to full-time National Guard duty (other than for training) when authorized by the President or Secretary to respond to a national emergency declared by the President and supported by federal funds.
(Sec. 576) Expands the authority of the Secretary to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations.
(Sec. 577) Directs the Secretary to report to the defense committees on any pilot and demonstration projects and other efforts that DOD is conducting on autism services.
(Sec. 578) Directs the CG to review all current DOD military spouse employment programs, and report review results to the defense and appropriations committees.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces
- (Sec. 581) Directs the military department Secretaries to prescribe regulations on the provision of legal assistance to victims of sexual assault. Allows members or their dependents to be provided legal assistance by military or civilian legal assistance counsel, a Sexual Assault Response Coordinator, and a Sexual Assault Victim Advocate. Requires victims to be informed of the availability of such assistance, whether such victim elects unrestricted or restricted (confidential) reporting of the assault. Allows a victim to elect confidential reporting without initiating an official investigation of the allegations.
(Sec. 582) Directs the Secretary concerned to provide for timely determination and action (within 72 hours) of an application for a change of station or unit transfer by a member serving on active duty who was a victim of a sexual assault or related offense, so as to reduce the possibility of retaliation for reporting the incident. Allows for review of a decision disapproving the change of station or transfer by the first general or flag officer in the chain of command of the member, requiring review decision also within 72 hours.
(Sec. 583) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or from DOD employees in a comparable Senior Executive Service position.
(Sec. 584) Requires at least one full-time Sexual Assault Response Coordinator and one Sexual Assault Victim Advocate to be assigned to each military brigade or equivalent unit level. Directs that, as of October 1, 2013, only members of the Armed Forces and civilian DOD employees may serve in such positions. Provides for Coordinator and Advocate training and certification, requiring, as of the above date, all such Coordinators and Advocates to have completed such training and certification.
(Sec. 585) Requires the Secretary of each military department to develop a curriculum to provide sexual assault prevention and response training and education for members and civilian employees under their jurisdiction, in order to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault. Directs the Secretary of Defense to: (1) provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education, and (2) direct that managers of specialty skills associated with first responders integrate sexual assault response training in initial and recurring training courses.
(Sec. 586) Directs the Secretary to: (1) develop a comprehensive DOD policy on the retention of and access to evidence and records relating to sexual assaults involving members, and (2) ensure that such policy is implemented uniformly by the military departments. Requires sexual assault victims to be provided with a copy of all prepared records of proceedings of a court-martial if the victim testified during the proceedings.
Subtitle I: Other Matters
- (Sec. 588) Authorizes the Secretary to carry out: (1) reintegration activities for DOD personnel recovered after detention in isolation or captivity by a hostile force while participating in or associated with a U.S.-sponsored military activity or mission; and (2) post-isolation activities on behalf of such individuals, military or civilian officers or employees of an allied or coalition partner, or other U.S. or foreign nationals.
(Sec. 589) Authorizes the Secretary to establish a military adaptive sports program for members eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty. Requires the Secretary to use competitive procedures to award any grant or contract under this section.
(Sec. 590) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 relating to the Yellow Ribbon Reintegration Program (military-to-civilian transition assistance) to: (1) include federal and state-led programs of outreach under the Program, and (2) add to Program functions the development and implementation of a process for identifying best practices in the delivery of information and services in outreach programs.
(Sec. 591) Provides a new federal law chapter concerning Army national military cemeteries. Directs the Secretary of the Army to develop, operate, administer, and fund the Army national military cemeteries in a manner that fully honors the service and sacrifices of the deceased members buried or inurned there. Includes within such cemeteries Arlington National Cemetery and the U.S. Soldiers' and Airmen's Home National Cemetery. Requires such Secretary to: (1) submit an annual cemeteries budget request to the defense and appropriations committees; and (2) determine eligibility for interment or inurnment in the cemeteries. Provides for the removal of remains from the cemeteries in certain circumstances. Directs such Secretary to appoint an advisory committee on Arlington National Cemetery, which shall advise and consult with respect to Arlington National Cemetery administration, erection of memorials, and master planning. Requires periodic advisory committee reports. Establishes an Executive Director of the Cemeteries, as well as a Superintendent for each Cemetery. Provides for Cemeteries oversight and inspection. Requires, by June 1, 2012, the digitization of all records related to interments and inurnments at Arlington National Cemetery. Directs the DOD Inspector General, during FY2013 and FY2015, to conduct inspections of each of the Cemeteries.
(Sec. 592) Directs the Inspector General of each military department to inspect each military cemetery under their jurisdiction and make recommendations for their regulation, management, oversight, and operation. Requires the DOD Inspector General to: (1) inspect a sample of cemeteries located at current or former military installations both inside and outside the United States in order to assess the adequacy of and adherence to federal statutes, policies, and regulations governing military cemetery management, oversight, operations, and interments or inurnments; and (2) submit inspection results and recommendations to the defense committees. Requires the military department Secretaries to report to such committees on their respective inspection results and corrective action plans.
(Sec. 593) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Captain Fredrick L. Spaulding for acts of valor during the Vietnam War.
(Sec. 594) Authorizes and requests the President to award the Medal of Honor posthumously to Captain Emil Kapaun for acts of valor during the Korean War.
(Sec. 595) Directs the Secretaries of the Army and the Navy to: (1) review the service records of certain Jewish-American World War I veterans to determine whether that veteran should be posthumously awarded the Medal of Honor; and (2) upon a positive determination, submit a recommendation to the Secretary that such award is warranted. Makes eligible for such review and award each Jewish-American World War I veteran: (1) who was previously awarded the Distinguished Service Cross, Navy Cross during World War I; and (2) whose name and supporting material for award upgrade is submitted to the appropriate Secretary within one year after the enactment of this Act.
(Sec. 596) Directs the Secretary to submit to Congress an assessment of the feasibility and advisability of the establishment by the military departments of a process to expedite the determination of disability with respect to members who suffer from certain disabling diseases or conditions.
(Sec. 597) Directs the CG to: (1) conduct a study of the military necessity of the Selective Service System, and alternatives to the System; and (2) report study results to the defense committees.
(Sec. 598) Directs the Secretary and the Secretary of the Navy to conduct an evaluation of issues affecting the identification, recovery, and repatriation of the remains of American sailors killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on September 4, 1804. Requires the Secretary and the Secretary of State to submit to the defense committees their recommendations regarding the proposal to exhume, identify, and relocate the remains of such soldiers.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances
- (Sec. 601) Resumes through 2012 DOD authority to provide temporary increases in the rates of basic allowance for housing due to significant growth in assigned military personnel or a major disaster. (Under current law, this authority terminated at the end of 2009.)
(Sec. 602) Allows the Secretary of the Navy to provide lodging or compensation for housing to enlisted personnel who are deprived of their quarters due to ship construction, including at shipyards affected by base realignment and closure activities in Pascagoula, Mississippi, and Bath, Maine.
Subtitle B: Bonuses and Special and Incentive Pays
- (Sec. 611) Extends through 2012 specified authorities currently scheduled to expire at the end of 2011 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 616) Requires hostile fire and imminent danger pay and hazardous duty pay to be prorated according to the number of days spent in a qualifying area. (Under current law, such payments are made on a monthly basis.) Authorizes payment of the full monthly amount of hostile fire and imminent danger pay when eligibility is based on actual exposure to hostile fire or a hostile mine explosion.
Subtitle C: Travel and Transportation Allowances Generally
- (Sec. 621) Extends through 2012 DOD authority to reimburse Selected Reserve personnel for travel expenses for inactive-duty training outside normal commuting distance.
Subtitle D: Consolidation and Reform of Travel and Transportation Authorities
- (Sec. 631) Provides revised and updated definitions, administrative provisions, and general and specific authorities concerning military travel and transportation. Authorizes the Secretary to conduct pilot programs to evaluate alternative methods for performing and reimbursing travel, for limiting the need for travel, and for reducing the environmental impact of travel. Requires pilot program reports.
Directs the Secretary, the Secretary of Homeland Security (with respect to the Coast Guard when not operating as a service in the Navy), the Secretary of Commerce (with respect to the National Oceanic and Atmospheric Administration [NOAA]), and the Secretary of Health and Human Service (with respect to the Public Health Service) (administering Secretaries) to establish programs of compliance to ensure appropriate travel claims payment and ensure that benefits do not exceed actual expenses of travel or reasonable allowances based on commercial travel rates. Require that all DOD travel claims be processed electronically within five years after the enactment of this Act.
Recodifies and renumbers current military travel and transportation authorities. Terminates current authorities with respect to travel that occurs after ten years after the enactment of this Act. Makes technical and clerical amendments necessitated by the recodified and renumbered authorities.
(Sec. 632) Directs the Secretary to develop a plan to implement the transition from current military travel and transportation authorities to the revised and updated authorities within the 10-year period following the enactment of this Act. Requires the Secretary to prepare such plan, and modify current law to facilitate the transition process, in coordination with the administering Secretaries.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
- (Sec. 641) Authorizes (under current law, requires) the Secretary of the Navy to select products to be sold aboard Navy ships.
(Sec. 642) Authorizes the military exchange services to issue and sell their obligations to the Federal Financing Bank in accordance with requirements of the Federal Financing Bank Act of 1973.
(Sec. 643) Designates the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for administrative and governance purposes.
Subtitle F: Disability, Retired Pay and Survivor Benefits
- (Sec. 651) Authorizes the payment of a death gratuity and related benefits for reserve members who die while staying at their residence, when so authorized, during or between successive days of inactive duty training. Treats such a death as death during inactive duty training. Authorizes payment for the recovery, care, and disposition of remains in such instances.
Subtitle G: Other Matters
- (Sec. 661) Directs the Secretary to: (1) study the implications of changes in the basic allowance for housing for members of the National Guard transitioning between active duty and full-time National Guard duty, and (2) report study results to the defense and appropriations committees.
(Sec. 662) Directs the surgeons general of the Army, Navy, and Air Force to report to Congress on their staffing needs for health care professionals in the active and reserve components.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits
- (Sec. 701) Limits, beginning with FY2012, the increase in the annual DOD patient enrollment fees to the percentage by which retired pay is increased. Bases the increases for FY2013 and thereafter on the enrollment fees for retirees who first enrolled in FY2012.
(Sec. 702) Requires the Secretary to provide a person-to-person mental health assessment for each member deployed in support of a contingency operation: (1) once during the period beginning 120 days before the deployment, (2) once during the period beginning 90 days after the redeployment from the contingency operation and ending 180 days after such redeployment date, (3) once during the period beginning 180 days after the redeployment and ending one year after the redeployment date, and (4) once during the period beginning 18 months after the redeployment date and ending 30 months after such date. Provides assessment exceptions, including when the member was not subjected or exposed to operational risk factors during the deployment. Terminates assessment requirements after the individual's discharge or release. Requires the Secretary to share assessment information with the Secretary of Veterans Affairs for purposes of the transition of health care and treatment provided by DOD to health care and treatment provided by the VA. Directs the Secretary to prescribe regulations for the administration of this section, and to report to Congress on such regulations, including the implementation of such regulations by the military departments.
(Sec. 703) Authorizes the Secretary to provide to any reserve member performing inactive-duty training during scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be available for referrals during duty hours at the principal duty location of the member's unit. Requires each reserve member participating in annual training or individual training to have access, while so participating, to the behavioral health support programs available to reserve personnel. Provides funding for the behavioral health support programs from O&M funds for the reserves.
(Sec. 704) Authorizes the Secretary to provide food and beverages to certain members and dependents receiving outpatient care at a military medical treatment facility, or to family members providing care to an infant receiving inpatient care at such a facility.
(Sec. 705) Authorizes the Secretary to pay travel expenses to a location inside the United States in the case of a command-sponsored dependent of a member assigned to a remote location outside the United States who requires or elects obstetrical anesthesia services. Prohibits providing such transportation to a dependent if the dependent would otherwise receive such services at a military medical treatment facility and such facility, in carrying out the required number of obstetric cases, would not maintain staff competency unless the facility provides such services to the dependent. Terminates such payment authority at the end of FY2016.
(Sec. 706) Extends the normal 180-day period for medical eligibility under the Transition Assistance Management Program, in the case of reserve members called to active duty in support of a contingency operation and then extended for additional active duty, to the 180-day period following the end of the extended duty.
(Sec. 707) Amends the Wounded Warrior Act to authorize the Secretary to provide an active-duty member with a severe injury or illness with rehabilitative equipment, including recreational sports equipment that provides an adaption or accommodation for such member, regardless of whether such equipment is intentionally designed to be adaptive equipment.
(Sec. 708) Amends the NDAA for Fiscal Year 1997 to prohibit a Medicare-eligible military retiree from newly enrolling in the managed care program of a designated provider after September 30, 2012.
Subtitle B: Health Care Administration
- (Sec. 711) Directs the Secretary to prescribe and maintain regulations relating to commanding officer and supervisor referrals of members for mental health evaluations. Requires such regulations to seek to eliminate any perceived stigma associated with seeking and receiving mental health services. Outlines procedures for such evaluations, and prohibits using such referrals to retaliate against whistleblowers.
(Sec. 712) Extends until three years after the provision of services the time limit for the submittal of claims under TRICARE for care provided outside the United States or its territories and possessions.
(Sec. 713) Includes as additional individuals authorized to provide health care at DOD facilities civilian DOD employees, DOD personal services contractors, or other health-care professionals credentialed and privileged at a federal health care institution or location specially designated by the Secretary.
(Sec. 714) Limits access to medical quality assurance records to peer review activity by or for DOD to assess the quality of medical care.
(Sec. 715) Directs the Secretary, in establishing rates and procedures for reimbursements of providers under TRICARE, to maintain adequate networks of providers, including institutional, professional, and pharmacy.
(Sec. 716) Prohibits the Secretary from restructuring or reorganizing the military health system until 120 days after CG submission to the defense and appropriations committees of a review and report on governance model options for such system and related matters. Directs the Secretary to submit a related report concerning such options.
(Sec. 717) Limits the FY2012 obligation of funds for procurement, RDT&E, or O&M of the future electronic health records program to 10% until 30 days after the Secretary reports to the defense and appropriations committees on an architecture to guide the transition of such program, and related information.
Subtitle C: Reports and Other Matters
- (Sec. 721) Amends the NDAA for Fiscal Year 2008 to: (1) extend from 2011 to 2015 the required reporting period on access to health care under TRICARE Standard and TRICARE Extra, and (2) change from semiannually to biennially the frequency of CG reports containing reviews of such reports.
(Sec. 722) Authorizes the Secretary to establish a program to enter into partnerships to enable coordinated, rapid clinical evaluation and the application of evidence-based treatment strategies for wounded personnel, with an emphasis on the most common musculoskeletal injuries, that will address military retention and readiness priorities.
(Sec. 723) Requires the Secretary to report to the defense and appropriations committees assessing the benefits of neuroimaging in an effort to identify and improve the diagnosis of post-traumatic stress disorder (PTSD).
(Sec. 724) Directs the Secretary to report to the defense and appropriations committees on implementation of the DOD policy related to the management of concussion and mild traumatic brain injury in the deployed setting, and related matters.
(Sec. 725) Directs the CG to: (1) review women-specific health services and treatment for female military personnel, and (2) report review results to the defense and appropriations committees.
(Sec. 726) Requires a report from the CG to the defense committees on contracting activities of the military departments with respect to providing health care professional services to members, dependents, and retirees.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management
- (Sec. 801) Prohibits a major defense acquisition program (MDAP) from receiving milestone A (technology development) approval until the Milestone Decision Authority certifies that a determination of applicability of core depot-level maintenance and repair capabilities requirements has been made. Requires that the MDAP's life-cycle sustainment planning has identified and evaluated relevant sustainment costs before the MDAP may receive milestone B (engineering and manufacturing development) approval. Requires the Secretary, prior to entering into a contract for low-rate initial production of a MDAP, to ensure that the requirements for core depot-level maintenance and repair capabilities have been defined. Eliminates MDAP requirements references to Key Decision Points A and B.
(Sec. 802) Allows a DOD officer or employee to disclose sensitive information to a litigation support contractor only if: (1) the disclosure is solely for providing litigation support to the government; and (2) the contractor agrees to and acknowledges responsibility for the use, and prevention of further disclosure, of such information.
(Sec. 803) Prohibits the compensation payable to defense contractor employees from exceeding the annual amount paid to the President of the United States. Allows the Secretary to establish exceptions for scientists and engineers when determined necessary to ensure DOD access to needed skills and capabilities.
(Sec. 804) Allows funds credited to the Defense Acquisition Workforce Development Fund to be available for the year credited and the two succeeding fiscal years.
(Sec. 805) Requires the Director of the Defense Contract Audit Agency to: (1) prepare an annual report of Agency activities, and (2) submit each report to the defense and appropriations committees. Requires the public availability of each report 60 days after such submission.
(Sec. 806) Directs: (1) the Under Secretary to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used for making source selection decisions, and (2) the CG to report to the defense and appropriations committees on actions taken by the Under Secretary pursuant to such strategy.
(Sec. 807) Requires: (1) the Under Secretary to develop a plan for implementing the recommendations of the Defense Science Board Task Force on Improvements to Service Contracting, and (2) the CG to report to such committees on actions taken pursuant to this section.
(Sec. 808) Prohibits the total amount obligated by DOD for contract services in FY2012 or FY2013 from exceeding the total amount requested for such services by DOD in FY2010, adjusted for net transfers from funding for overseas contingency operations. Provides an exception with respect to any increase in the number of civilian DOD billets in such fiscal years. Requires the Secretary to issue guidance to the military departments and defense agencies on the implementation of such limitations.
(Sec. 809) Requires a single annual report on single-award task and delivery order contracts based on exceptional circumstances (in lieu of separate reports on each single-award contract awarded during such year). Requires an explanation of the basis of the determination with respect to a single-award contract in excess of $100 million.
Subtitle B: Amendments Relating to General Contracting Authorities, Procedures, and Limitations
- (Sec. 811) Requires a critical change report with respect to a major automated information system (MAIS) within five years after the Milestone A decision or the date when the preferred alternative is selected for the program. (Under current law, such report is required when MAIS investment has failed to achieve a full deployment decision within five years after funds are first obligated.)
(Sec. 812) Requires annual Selected Acquisition reports to be submitted to Congress within 45 (under current law, 60) days after the end of the first fiscal quarter.
(Sec. 813) Extends through FY2016 the deadline for certain protests of civilian agency task and delivery order contracts.
(Sec. 814) Makes the $30,000 cost threshold applicable only to right-hand drive passenger sedans (thereby excluding from such threshold other right-hand drive vehicles such as ambulances, fire trucks, and buses).
(Sec. 815) Allows the United States to release or disclose technical data related to a DOD item or process when necessary for the segregation or reintegration of such item or process from or with other items or processes. Provides the extent to which the United States may require the delivery of technical data to which it has rights, but the delivery of which was not required in the contract.
(Sec. 816) Amends the Skelton Act to define "covered contracts" for purposes of requirements for contractor business systems.
(Sec. 817) Amends the NDAA for Fiscal Year 2008 to require non-defense agencies to comply with defense procurement requirements, including FAR, when making procurements on behalf of DOD.
(Sec. 818) Directs the Secretary to assess DOD acquisition policies and systems for the detection and avoidance of counterfeit electronic parts. Outlines specific actions to be taken by the Secretary following such assessment, including revising the DOD Supplement to FAR to address such detection and avoidance. Provides contractor responsibilities relating to such detection and avoidance. Requires DOD contractors and subcontractors at all tiers, whenever possible, to obtain electronic parts from trusted suppliers (as compiled by DOD). Requires any DOD contractor or subcontractor who becomes aware of or has reason to suspect that any end item, component, part, or material contained in supplies purchased by DOD is counterfeit to report such fact to appropriate government authorities and the Government-Industry Data Exchange Program. Directs the Secretary of Homeland Security to establish a methodology for the targeting of imported electronic parts as counterfeit sources. Requires the DOD Secretary to implement a program to enhance contractor detection and avoidance of counterfeit electronic parts. Amends the federal criminal code to provide criminal penalties for the intentional trafficking in counterfeit military goods or services. Requires the Attorney General to include in an annual report to Congress on Department of Justice (DOJ) business all DOJ actions taken with respect to such trafficking.
(Sec. 819) Amends the Weapon Systems Acquisition Reform Act of 2009 to: (1) repeal the requirement that DOD certify MDAP compliance with actions on the treatment of systemic problems prior to milestone approval, and (2) eliminate the requirement to continually review and revalidate waivers granted under such Act.
(Sec. 820) Requires that the Quadrennial Defense Review, National Military Strategy, and other major military planning documents address the expected roles and responsibilities of contractors in military operations and risks associated with the assignment of functions to contractors.
(Sec. 821) Provides that Buy American requirements for tents and their structural components, tarpaulins, or covers purchased by DOD includes the materials and components of such items.
(Sec. 822) Amends the NDAA for Fiscal Year 2008 to repeal the January 1, 2015, termination date on DOD authority to procure from certain foreign countries fire-resistant rayon fiber for uniforms.
(Sec. 823) Prohibits the head of a defense agency from requiring a contractor to submit contractor political information as part of a contract solicitation, bid, or proposal, or during any part of contract performance.
Subtitle C: Provisions Relating to Major Defense Acquisition Programs
- (Sec. 831) Allows the waiver of requirements relating to new milestone approval for certain MDAPs that experience critical cost growth attributable to changes in the purchase quantity, and not as the result of an increase in program cost, program delay, or meeting program requirements. Directs the Secretary to submit to Congress a written determination to such effect.
(Sec. 832) Directs the Secretary to issue guidance on actions taken to assess, manage, and control DOD costs for the operation and support of major weapon systems. Makes the Director of Cost Assessment and Program Evaluation responsible for developing and maintaining a database on operating and support estimates, supporting documentation, and actual operating and support costs for such systems.
(Sec. 833) Makes the Under Secretary responsible for policies and guidance on cost analyses and targets to be used in contract negotiations.
(Sec. 834) Amends the Skelton Act to allow DOD to tailor manufacturing readiness levels or other manufacturing standards to address the unique characteristics of specific industry sectors or weapon system portfolios.
(Sec. 835) Amends the Warner Act to require each MDAP to be supported by a chief development tester and a government test agency.
(Sec. 836) Directs the Secretary, after the President certifies Congress regarding a proposed cooperative agreement expected to result in the award of a DOD contract for the engineering and manufacturing development of a major weapon system, to submit to the defense committees a risk assessment of the proposed project.
(Sec. 837) Amends the Weapon Systems Acquisition Reform Act of 2009 to include a subsystem or component of a major weapons system in the requirement for consideration of competition throughout the operation and sustainment of such major systems.
(Sec. 838) Requires the Secretary to either redesignate the Evolved Expendable Launch Vehicle program as a MDAP not in the sustainment phase, or require such program to provide to the: (1) defense and appropriations committees specified cost, schedule, and performance information as if it were a MDAP; and (2) Under Secretary a quarterly cost and status report and earned value management data.
(Sec. 839) Requires the Secretary, by March 31, 2012, to submit to the defense and appropriations committees specified information concerning implementation of the DOD acquisition strategy for the Evolved Expendable Launch Vehicle. Directs the CG to submit to the defense, appropriations, and intelligence committees an assessment of the Secretary's information and recommendations.
Subtitle D: Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan
- (Sec. 841) Prohibits the Secretary, as of 30 days after the enactment of this Act, from awarding a contract in support of a contingency operation in Iraq or Afghanistan to an adverse entity (one identified to be actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation in the U.S. Central Command theater of operations). Authorizes the Secretary to void any such contract in effect before, on, or after such effective date. Requires FAR revision for regulations implementing such prohibition. Requires the Secretary to: (1) establish a program to use available intelligence to review persons and entities who receive U.S. funds through agreements performed in such area in order to identify adverse persons and entities, and (2) report to the defense and appropriations committees in each of 2013-2015 on the use of authority provided under this section. Terminates the provisions of this section three years after the enactment of this Act.
(Sec. 842) Authorizes the Secretary to include in defense contracts, grants, and cooperative agreements a clause authorizing the Secretary to examine the records of the contract, grant, or agreement recipient to ensure that contract funds are not subject to extortion or corruption and are not provided to persons or entities supporting an insurgency or actively opposing U.S. or coalition forces in a contingency operation. Requires a report from the Secretary to the defense committees in each of 2013-2015 on the use of such authority. Terminates such authority three years after the enactment of this Act.
(Sec. 843) Authorizes the Under Secretary to designate a single contracting activity inside the United States to act as the lead contracting activity for the use of domestic capabilities in support of overseas contracting for Operations Enduring Freedom and New Dawn. Authorizes the head of the designated contracting activity, when awarding such a contract inside the United States, to use the larger overseas micro-purchase and simplified acquisition thresholds in the same manner and to the same extent as if the contract were to be awarded outside the United States.
(Sec. 844) Directs the Secretary to: (1) establish goals for competition in contracts awarded by DOD for the procurement of property or services to be used outside the United States in support of a contingency operation, (2) develop processes to measure and monitor such competition, and (3) require a competition advocate of DOD to conduct an annual review of each omnibus contract awarded by DOD for such purposes. Amends the NDAA for Fiscal Year 2008 to require to be included, in an annual report on DOD contracting in Iraq and Afghanistan, the percentage of contracts awarded on a competitive basis as compared to established goals for competition in contingency contracting actions.
(Sec. 845) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to include associated support services within DOD use of rapid acquisition and deployment procedures for urgently needed supplies.
(Sec. 846) Establishes in the Treasury the Joint Urgent Operational Needs Fund to fund capabilities determined to be suitable for rapid fielding in response to urgent operational needs. Allows the transfer of funds to such Fund from DOD O&M, procurement, and RDT&E accounts. Terminates Fund use authority on the last day of the third fiscal year following the enactment of this Act. Prohibits any Fund expenditures until the Secretary certifies to the defense and appropriations committees that DOD has developed and implemented an expedited review process in compliance with provisions of the Skelton Act.
Subtitle E: Defense Industrial Base Matters
- (Sec. 851) Directs the Secretary to report to the defense and appropriations committees on the defense industrial base pilot program.
(Sec. 852) Requires the Secretary to: (1) ensure that the annual DOD report to Congress on the defense industrial base submitted for FY2012 includes a description of, and status report on, the sector-by-sector, tier-by-tier assessment of the industrial base undertaken by DOD; (2) develop a defense supply chain and industrial base strategy to ensure the continued availability of items deemed critical to military readiness and subject to significant supply chain risk; and (3) include updates on actions taken in the annual defense industrial base reports for FY2013-FY2015.
(Sec. 853) Directs the Administrator of the Defense Logistics Agency Strategic Materials to submit to the Secretary an assessment of the feasibility and advisability of establishing an inventory of rare earth materials necessary to ensure their long-term availability in supporting national defense requirements. Requires the Secretary to report assessment findings to the defense and appropriations committees. Specifies the rare earth materials and elements to be included in the inventory.
(Sec. 854) Directs the Under Secretary to: (1) assess the current and long-term availability within the United States and international industrial base of critical equipment, components, and materials needed to support current and future U.S. military requirements for night vision image intensification sensors; and (2) submit assessment results to Congress.
Subtitle F: Other Matters
- (Sec. 861) Provides that U.S. district courts shall have no jurisdiction to hear bid protest disputes involving maritime contracts.
(Sec. 862) Directs the Under Secretary to, among other things: (1) enhance educational programs in science, technology, engineering, and math disciplines (STEM); and (2) establish partnerships with historically Black colleges and universities and minority institutions for training students and awarding scholarships and fellowships in scientific disciplines. Requires the Under Secretary to report to the defense and appropriations committees on actions taken.
(Sec. 863) Expresses the sense of Congress that DOD should continue to support long-term contracting authority for alternative and traditional fuels if such contract will satisfy military requirements and will result in equal or less cost to DOD over their duration. Requires a report from the Secretary to the defense and appropriations committees on the authorities currently available to DOD for multiyear contracts for the purchase of alternative fuels, including advanced biofuels.
(Sec. 864) Requires the Associate Administrator for Acquisition Workforce Programs to: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; and (2) be located in the Office of Federal Procurement Policy (OFPP). (Under current law, such Associate Administrator is located in the Federal Acquisition Institute.) Establishes such Institute, headed by a Director, and outlines its duties with respect to the federal acquisition workforce and related activities. Requires the Institute to report through its Board of Directors to the Administrator for Federal Procurement Policy. Provides Board duties. Requires: (1) the Administrator to provide and update government-wide training standards and certification requirements, and (2) all federal civilian agency acquisition internship or training programs to follow OFPP guidelines to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government.
(Sec. 865) Revises the delegation of authority for determinations on the DOD making of cooperative research and development agreements with NATO and other U.S.-friendly countries and organizations.
(Sec. 866) Amends the NDAA for Fiscal Years 1990 and 1991 to extend through 2014 a test program for the negotiation of comprehensive small business subcontracting plans. Extends an associated report requirement.
(Sec. 867) Amends the NDAA for Fiscal Year 1991 to extend through FY2015 the DOD mentor-protege pilot program.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management
- (Sec. 901) Revises requirements for the review and approval of expenditures for a defense business system modernization program in excess of $1 million to allow the appropriate pre-certification authority for the program to waive program review and approval requirements if such officer determines that the program is necessary: (1) to achieve a critical national security capability or address a critical requirement in an area such as safety or security, or (2) to prevent a significant adverse effect on a project needed to achieve an essential capability. Directs the Secretary to establish an investment review board and investment management process with respect to defense business system programs. Extends program report requirements through 2016.
(Sec. 902) Requires the Deputy Secretary of Defense to be appointed from among those most highly qualified by background and experience, including management experience.
(Sec. 903) Directs the Secretary to designate a senior DOD official with principal responsibility for DOD airship programs, and to set forth appropriate responsibilities of the position.
(Sec. 904) Requires each department Secretary to enter into a memorandum of agreement with the Commander of the Special Operations Command establishing procedures for the synchronization of general purposes forces with the training and deployment cycle of special operations forces.
(Sec. 905) Directs the Secretary to: (1) assess current and potential mechanisms to permit DOD to employ non-U.S. citizens with critical scientific and technical skills vital to U.S. national security interests, and (2) submit an interim and final report to the defense and appropriations committees on such assessment.
(Sec. 906) Expresses the sense of Congress encouraging DOD to continue the use and enhancement of modeling and simulation across the spectrum of defense activities, including acquisition, analysis, experimentation, intelligence, planning, medical, test and evaluation, and training.
(Sec. 907) Expresses the sense of Congress that the successor organization to the United States Joint Forces Command, the Joint Warfighting and Coalition Center, should establish close ties with the Allied Command Transformation command of NATO.
(Sec. 908) Directs the Secretary to submit to the defense and appropriations committees a description and assessment of the effects of planned personnel reductions at the Joint Warfare Analysis Center.
Subtitle B: Space Activities
- (Sec. 911) Prohibits the Federal Communications Commission (FCC) from lifting any conditions imposed on commercial terrestrial operations (operations) or otherwise permitting such operations until it has resolved concerns of widespread harmful interference by such operations to the Global Positioning System (GPS) devices of DOD. Requires the FCC, prior to permitting such operations, to make available the final working group report mandated by the Order and Authorization numbered DA 11-133, and to provide all interested parties an opportunity to comment on such report. Directs the FCC, at the conclusion of proceedings concerning such operations, to submit to specified congressional committees official copies of documents containing the FCC final decision on whether to permit the operations. Provides that, if the FCC decision is to permit such operations, such documents shall contain an explanation of how DOD GPS devices interference concerns have been resolved. Directs the Secretary to: (1) assess the ability of national security GPS receivers to receive signals without interruption or interference, and determine if commercial communications services are or will cause interference with such signals; and (2) notify the defense and appropriations committees upon a positive determination of interruption or interference.
(Sec. 912) Provides that if the Secretary determines that a MDAP to purchase satellites requires delivery in two or more increments, the Secretary may designate each increment as a major subprogram for purposes of acquisition reporting requirements.
Subtitle C: Intelligence Related Matters
- (Sec. 921) Directs the Secretary to report to the defense, appropriations, and intelligence committees and the CG on actions taken in response to CG recommendations concerning the sharing of intelligence information across the defense elements of the intelligence community. Requires the CG to review such report and submit review results to such committees.
(Sec. 922) Directs the Secretary to establish a program for information sharing protection and insider threat mitigation for the information systems of DOD to detect unauthorized access to, or use or transmission of, classified or controlled unclassified information. Provides deadlines for initial and full operating capability for such program. Requires the Secretary to: (1) report to the defense and appropriations committees on the implementation plan for the program, and (2) brief the defense committees with respect to a governance structure and process that integrates information security and sharing technologies with DOD policies and procedures to support such program.
(Sec. 923) Authorizes the Secretary to allow the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services relating to areas outside the United States to a nongovernmental organization or academic institution engaged in geospatial information research or production of such areas.
(Sec. 924) Requires the DOD Chief Information Officer to implement a mechanism to publish and maintain on the public Internet specified information on and resources for the Ozone Widget Framework in order to permit individuals and companies to develop, integrate, and test analysis tools and applications for use by DOD and elements of the intelligence community. Requires such Officer to encourage and foster the use of such Framework by the computer industry and commercial information technology vendors.
(Sec. 925) Directs the Under Secretary of Defense for Intelligence to: (1) develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise, (2) conduct a pilot program to demonstrate its capability to perform specified functions, and (3) report to the defense, appropriations, and intelligence committees on incorporation actions taken. Terminates the pilot program at the end of FY2014.
(Sec. 926) Authorizes the Secretary to maintain, repair, and exercise jurisdiction over a facility if necessary to provide security for authorized DOD intelligence collection or special operations activities abroad. Terminates such authority on the later of September 30, 2015, or the date of enactment of the National Defense Authorization Act for Fiscal Year 2016.
Subtitle D: Total Force Management
- (Sec. 931) Directs the Secretary to establish policies and procedures for determining the appropriate mix of military, civilian, and contractor personnel to perform the DOD mission (total force management plan). Requires the Secretary to ensure that attainment of an appropriately balanced workforce to carry out the DOD mission and core mission areas takes precedence over cost savings. Provides for the delegation of responsibilities in implementing such policies and procedures.
(Sec. 932) Requires DOD civilian personnel to be managed on the basis of workload and in support of the total force management plan, above.
(Sec. 933) Requires in an annual report from the Secretary on DOD expenditures, work, and accomplishments an accounting for DOD contractors. Requires guidelines related to civilian personnel reductions and processes for the acquisition of services to comply with the total force management plan.
(Sec. 934) Requires the annual defense manpower requirements report to include: (1) a projection of the annual DOD civilian personnel requirements, as well as the strength levels of the previous year, and (2) an estimate for contractor requirements for support services.
(Sec. 935) Revises the DOD strategic workforce plan to: (1) change from annual to biennial its report requirement, (2) require the plan to cover a five-year period corresponding to the future-years defense program, and (3) conform such plan to the total force management plan.
(Sec. 936) Makes technical amendments to DOD requirements for contracted services.
(Sec. 937) Revises provisions concerning the preliminary planning and duration of such public-private competitions for the conversion of DOD functions to contractor performance to place preliminary planning responsibility with the Under Secretary of Defense for Personnel and Readiness. Includes public-private competitions of a defense agency within such requirements (under current law, limited to military departments).
(Sec. 938) Requires: (1) inherently governmental functions to be performed by DOD civilian employees, (2) a cost analysis and savings differential before converting certain commercial functions to performance by DOD civilian employees, and (3) notification to a contractor of the intent to perform by DOD civilian employees a contract currently performed by the contractor (requiring a copy of such notification to the defense and appropriations committees).
Subtitle E: Quadrennial Roles and Missions and Related Matters
- (Sec. 941) Requires the JCS Chairman to include within each National Military Strategy an assessment of: (1) the critical deficiencies and strengths in force capabilities identified during the preparation and review of contingency plans of each combatant commander, and (2) the effect of such deficiencies and strengths on meeting national security objectives, policy, and strategic plans.
(Sec. 942) Requires each quadrennial defense review to make recommendations that are not constrained to comply with and are fully independent of the budget.
Subtitle F: Other Matters
- (Sec. 951) Authorizes the Secretary to temporarily assign a member of the military forces of a foreign government to a DOD organization in order to assist such member in obtaining education and training to improve understanding of and response to information security threats, vulnerabilities, and consequences. Requires the Secretary, in making such assignments, to include adequate safeguards of DOD information security. Directs the Secretary to report to Congress on expanding such program to include ministry of defense officials, security officials, or other civilian officials of foreign countries.
(Sec. 952) Directs the Secretary to submit to the defense and appropriations committees a study of the U.S. Special Operations Command sub-unified structure.
(Sec. 953) Requires the Secretary to: (1) develop and implement a plan to augment the cybersecurity strategy of DOD through the acquisition of advanced capabilities to discover and isolate penetrations and attacks that were previously unknown and for which signatures have not been developed for incorporation into computer intrusion detection and prevention systems and anti-virus software systems, and (2) report to the defense and appropriations committees on such plan.
(Sec. 954) Affirms that DOD has the capability to, and upon the President's direction may, conduct offensive operations in cyberspace, subject to: (1) the policy principles and legal regimes that DOD follows for kinetic capabilities, and (2) the War Powers Resolution.
Title X: General Provisions - Subtitle A: Financial Matters
- (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1003) Requires DOD to establish a specific plan, including interim objectives and milestones for each military department and the defense agencies, for meeting the September 30, 2014, deadline for audit-ready Statements of Budgetary Resources. Directs the: (1) Under Secretary to develop metrics and mitigating strategies for missed milestones and program delays, and (2) Secretary to report to Congress on any weaknesses or deficiencies in the execution of the Financial Improvement and Audit Readiness Plan as required under the NDAA for Fiscal Year 2010.
(Sec. 1003A) Requires each future-years defense program to display separately the estimated expenditures for equipment for each reserve component that will receive items in any fiscal year covered by such program.
Subtitle B: Counter-Drug Activities
- (Sec. 1004) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Provides a FY2012 limitation on the use of such authority.
(Sec. 1005) Amends the NDAA for Fiscal Year 1991 to extend through FY2014 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies.
(Sec. 1006) Amends the NDAA for Fiscal Year 1998 to extend through FY2013 DOD support for counterdrug activities of certain foreign governments. Increases the maximum annual expenditure limit. Provides 13 additional countries eligible for such support.
(Sec. 1007) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2012 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1008) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2012 a reporting requirement on expenditures to support foreign counter-drug activities.
Subtitle C: Naval Vessels and Shipyards
- (Sec. 1011) Repeals a provision requiring the Secretary of the Navy to submit a long-range plan for the construction of naval vessels. Directs (instead) the Secretary to include with defense budget materials each year: (1) a plan for the construction of combatant and support vessels for the Navy, and (2) a certification that both the budget for that fiscal year and the future-years defense program relating to such budget provide for sufficient funding of the construction of such vessels. Requires the Director of the Congressional Budget Office (CBO) to report to the defense and appropriations committees assessing the sufficiency of the estimated levels of annual funding included in the plan.
(Sec. 1012) Expresses the sense of Congress that the Secretary of the Navy is encouraged to name the next available naval vessel after U.S. Marine Corps Sergeant Rafael Peralta.
(Sec. 1013) Prohibits the obligation or expenditure of funds to place a Maritime Prepositioning Ship squadron or component on reduced operating status until the later of the date on which: (1) the Commandant of the Marine Corps submits a report assessing the impact of such placing on military readiness, (2) the Chief of Naval Operations describes Navy plans for such placing, or (3) the Secretary certifies that the risks of such placing to readiness are acceptable.
(Sec. 1014) Requires a report from the Secretary to Congress on the policies and practices for naming Navy vessels.
(Sec. 1015) Authorizes the Secretary of the Navy to provide a specified amount to the Maritime Administration for the transfer to the Navy of two high-speed ferries for use as DOD sealift vessels.
(Sec. 1016) Amends the Warner Act to authorize the Secretary of the Navy to demilitarize the aircraft carrier John F. Kennedy in preparation for transfer to retired status. (Under current law, such Secretary is required to maintain the ship in a status that would allow its return to active service in the event of a national emergency.)
(Sec. 1017) Directs the: (1) Secretary of the Navy to conduct an analysis of the costs and benefits of stationing additional DDG-51 class destroyers at Naval Station Mayport, Florida; and (2) CG to submit to Congress an assessment of whether or not the analysis complies with applicable best practices.
Subtitle D: Counterterrorism
- (Sec. 1021) Affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force includes the authority for U.S. Armed Forces to detain covered persons pending disposition under the law of war. Defines a "covered person" as a person who: (1) planned, authorized, committed, or aided the terrorist attacks on the United States of September 11, 2001, or harbored those responsible for such attacks; or (2) was part of or substantially supported al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners. Requires the Secretary to regularly brief Congress on the application of such authority.
(Sec. 1022) Requires U.S. Armed Forces to hold in custody pending disposition a person who was a member or part of al Qaeda or an associated force and participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. Authorizes the President to waive such requirement in the national security interest. Makes such requirement inapplicable to U.S. citizens or U.S. lawful resident aliens. Outlines implementation procedures. States that nothing in this section shall affect the existing criminal enforcement and national security authorities of the FBI or other domestic law enforcement agency with regard to such persons, whether or not they are held in military custody. Makes this section effective 60 days after the enactment of this Act.
(Sec. 1023) Directs the Secretary to submit to the defense and intelligence committees procedures for implementing the periodic Guantanamo Bay, Cuba, detainee review process required by a specified Executive Order.
(Sec. 1024) Directs the Secretary to submit to such committees: (1) procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force, and (2) any modifications to such procedures. Provides that the Secretary is not required to apply such procedures to persons for whom habeas corpus review is available in a federal court.
(Sec. 1025) Directs the Secretary to submit to the defense and appropriations committees a national security protocol governing communications to and from individuals detained at Guantanamo. Requires updates to such committees of significant changes to policies and procedures described in the protocol.
(Sec. 1026) Prohibits FY2012 funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual detained at Guantanamo for purposes of detention or imprisonment by DOD, unless authorized by Congress. Provides an exception.
(Sec. 1027) Prohibits FY2012 DOD funds from being used to transfer or release to the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at Guantanamo by DOD.
(Sec. 1028) Prohibits FY2012 DOD funds from being used to transfer any individual detained at Guantanamo to the custody or control of that individual's country of origin, other foreign country, or foreign entity unless the Secretary makes a specified certification to Congress, including that the transferee country or entity is not a state sponsor of terrorism or terrorist organization and has agreed to ensure that the individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits any such transfer if there is a confirmed case of an individual who was transferred to a foreign country and subsequently engaged in terrorist activity. Authorizes the waiver of such prohibition in the national security interest (with required waiver notification to the defense, appropriations, and intelligence committees).
(Sec. 1029) Requires Department of Justice (DOJ) consultation with the Secretary and the Director of National Intelligence (DNI) concerning: (1) whether the prosecution of a foreign al Qaeda terrorist or other person held in military detention outside the United States for a terrorist offense should take place in a U.S. district court or before a military commission, and (2) whether the individual should be held in civilian or military custody pending prosecution.
(Sec. 1030) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
(Sec. 1031) Directs the Secretary, beginning in 2012, to provide quarterly briefings to the defense and appropriations committees on DOD counterterrorism operations and related activities involving special operations forces.
(Sec. 1032) Directs the President to: (1) issue national security planning guidance in support of U.S. objectives to deny safe havens to al Qaeda and its violent extremist affiliates and to strengthen at-risk states, and (2) review and update such guidance as necessary.
(Sec. 1033) Extends through FY2013 DOD authority to make awards to individuals for providing assistance in combating terrorism to U.S. government personnel or government personnel of allied forces participating in a combined operation with U.S. Armed Forces. Adds additional required information to annual reports concerning such assistance.
(Sec. 1034) Makes technical corrections relating to the Military Commissions Act of 2009.
Subtitle E: Nuclear Forces
- (Sec. 1041) Requires the Commander of the U.S. Strategic Command, the Director of the Strategic Systems Program of the Navy, and the Commander of the Global Strike Command of the Air Force to each: (1) biennially assess the performance and effectiveness of their respective delivery platform for nuclear weapons and nuclear command and control system, and (2) report assessment results to the Secretary and the Nuclear Weapons Council. Directs the: (1) Secretary to submit each report to the President, together with comments and conclusions; and (2) President to submit such reports to the defense and appropriations committees. Requires an initial assessment by the above officials within 30 days after the enactment of this Act.
(Sec. 1042) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees a DOD plan to implement the nuclear force reductions, limitations, and verification and transparency measures contained in the New START Treaty. Requires the CG to review such plan, and submit review results to the defense and appropriations committees.
(Sec. 1043) Directs the President to report annually from 2013 through 2019 to the defense, appropriations, and foreign relations committees on the plan for the nuclear weapons stockpile, complex, delivery systems, and command and control system.
(Sec. 1044) Expresses the sense of Congress that: (1) any reductions in U.S. nuclear forces should be supported by a thorough assessment of the strategic environment, threat, and policy, as well as the technical and operational implications of such reductions; and (2) specific criteria are necessary to guide future decisions regarding further reductions in such forces.
(Sec. 1045) Expresses the sense of Congress that the United States is committed to maintaining a safe, reliable, and credible nuclear deterrent and should: (1) undertake and support an enduring stockpile stewardship program and maintain and modernize nuclear weapons production capabilities and capacities, (2) maintain nuclear weapons laboratories and plants and preserve its intellectual infrastructure, and (3) provide necessary resources to achieve these goals. Directs the President, when determined necessary, to submit to Congress a plan to address shortfalls of necessary resources to achieve such goals, and related information.
Expresses the sense of Congress that: (1) sustained investments in the nuclear weapons stockpile and security complex are needed to ensure a safe, reliable, and credible nuclear deterrent; and (2) such investments could enable additional future reductions in the hedge stockpile. Requires a stockpile report from the Secretary to the defense and appropriations committees.
Requires, when deemed necessary, a net assessment by the Commander of the U.S. Strategic Command, the Secretary, and the Administrator of the National Nuclear Security Administration of nuclear levels needed with respect to certain proposals to reduce the U.S. nuclear weapons stockpile. Terminates the assessment requirement at the end of 2017.
(Sec. 1046) Expresses the sense of Congress that: (1) any future modification to the U.S. nuclear employment strategy should maintain or enhance nuclear deterrence, extended deterrence, and assurances for allies, and the defense of the United States; and (2) congressional oversight responsibility includes such oversight, and therefore the Chairmen and Ranking Members of the defense committees, and such staff as they designate, should have access to such strategy. Directs the President to report to Congress on such strategy.
(Sec. 1047) Directs the CG to study, and report to the defense and appropriations committees on, the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of DOD.
(Sec. 1048) Directs the Secretaries of the Navy and Air Force to report jointly to such committees on the feasibility of the joint replacement fuze program for the nuclear warheads of their respective departments.
Subtitle F: Financial Management
- (Sec. 1051) Authorizes the Secretary to prescribe professional certification and credential standards for financial management (under current law, accounting) positions within DOD. Allows the Secretary to either: (1) require the standards to apply immediately to all DOD personnel holding financial management positions, or (2) delay the imposition of such standard for a reasonable period to permit persons holding such positions to comply. Requires reports from the Secretary on such standards and any significant modifications.
(Sec. 1052) Amends the NDAA for Fiscal Year 2002 to revise the date by which the Under Secretary of Defense (Comptroller) and the assistant secretary of each military department with responsibility for financial management and comptroller functions must submit their preliminary representations regarding the expected reliability of their financial statements.
(Sec. 1053) Requires the Secretary to assess and plan DOD's financial management workforce in conjunction with the DOD strategic workforce plan.
(Sec. 1054) Directs the CG to: (1) assess the extent to which DOD has tracked and realized the savings proposed pursuant to the initiative to identify at least $100 billion in efficiencies during FY2012-FY2016; and (2) during each such fiscal year, report to the defense and appropriations committees on such assessments.
Subtitle G: Repeal and Modification of Reporting Requirements
- (Sec. 1061) Repeals various DOD reports under armed forces and pay and allowance provisions and defense authorization Acts. Reduces and/or revises DOD report requirements under armed forces and pay and allowance provisions, defense authorization Acts, the Small Business Act, and the Implementing Recommendations of the 9/11 Commission Act of 2007.
Subtitle H: Studies and Reports
- (Sec. 1068) Directs the Secretary to transmit reports required by law in electronic format to the maximum extent practicable.
(Sec. 1069) Revises provisions requiring the Secretary to provide an annual aviation report covering the subsequent 30-year period. Directs the Secretary to include in such report: (1) additional information on cost estimates; (2) Army aviation reports; (3) an inventory of all DOD aircraft; and (4) remotely-piloted vehicles, rotary-wing aircraft, and operational support and executive airlift programs.
(Sec. 1070) Revises the due date for an annual DOD report on National Guard and reserve equipment.
(Sec. 1071) Amends the NDAA for Fiscal Year 2010 to include the foreign relations committees as recipients of a report by the DNI on the nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.
(Sec. 1072) Directs the President to submit to Congress: (1) an implementation plan for achieving the whole-of-government integration vision prescribed in the President's National Security Strategy of May 2010, and (2) an annual update of such plan.
(Sec. 1073) Requires the: (1) Secretary of Commerce to report to Congress the results of a review of current restrictions on the resolution of electro-optical imagery collected from satellites that commercial companies may sell or disseminate; and (2) DNI and Under Secretary of Defense for Intelligence to report jointly to the defense, appropriations, and intelligence committees assessing the benefits and risks of relaxing such restrictions, with recommendations for protecting national security-related information in the event of such a relaxation.
(Sec. 1074) Directs the Secretary to report to Congress on the integration of unmanned aircraft systems into the national airspace system.
(Sec. 1075) Requires the Secretary of the Air Force to report to the defense and appropriations committees on the feasibility of using unmanned aerial systems to perform airborne flight inspection of electronic signals-in-space from ground-based navigational aids that support aircraft in foreign airspace during U.S. military operations.
(Sec. 1076) Directs the CG to: (1) review DOD programs and organizations related to medical research and development in support of improved casualty care in the field, and (2) report review results to the defense and appropriations committees.
(Sec. 1077) Requires the President to report to Congress on any proposed modification of force structure for U.S. strategic nuclear weapons delivery systems.
(Sec. 1078) Directs the CG, during 2013 through 2018, to submit to specified congressional committees an assessment of the performance of the major automated information system programs of DOD. Requires a preliminary report, together with briefings, on the metrics to be used to perform such assessment.
(Sec. 1079) Requires the Secretary to report to the defense and appropriations committees on DOD analytical capabilities regarding threats from foreign ballistic missiles of all ranges.
(Sec. 1080) Directs the Secretary to report to Congress on the approved Air Sea Battle Concept, and a plan for Concept implementation.
(Sec. 1080A) Requires the: (1) Secretary to submit to the defense and appropriations committees an analysis of the costs of a sample of deployable units of active components of the Armed Forces and the costs of a sample of similar deployable units of the reserve components, and (2) CG to submit to such committees an evaluation of such analysis.
Subtitle I: Miscellaneous Authorities and Limitations
- (Sec. 1081) Authorizes the Secretary to carry out a program to assign DOD civilian employees as advisors to the ministries of defense of foreign countries. Terminates such authority at the end of FY2014. Requires: (1) annual reports during such period from the Secretary to the defense and foreign relations committees on program activities, and (2) a one-time report from the CG assessing the effectiveness of advisory services provided under the program.
(Sec. 1082) Authorizes the Secretary to exempt from disclosure under the Freedom Act files of the military flight operations quality assurance systems of the military departments. Requires each exemption determination to be made available to the public, upon request.
(Sec. 1083) Requires the Secretary to report to the defense and appropriations committees concerning a review of the capabilities of DOD elements responsible for conducting light attack and armed reconnaissance missions or fulfilling requests of partner nations for training in the conduct of such missions. Prohibits any FY2012 funds from being obligated or expended for the procuring or fielding of light attack armed reconnaissance aircraft until 30 days after such report is submitted.
(Sec. 1084) Prohibits this Act's funds from being used for manufacturing beyond low-rate initial production at four specified prototype integration facilities. Authorizes a waiver for national security purposes or when necessary to rapidly acquire equipment to respond to combat emergencies.
(Sec. 1085) Earmarks National Guard State Partnership Program funds for the payment of Program participation travel costs of foreign civilian and non-defense agency personnel.
Subtitle J: Other Matters
- (Sec. 1086) Redesignates military psychological operations as military information support operations.
(Sec. 1087) Amends the David L. Boren National Security Education Act of 1991 to terminate the requirement that civilian members of the National Security Education Board be appointed by and with the advice and consent of the Senate.
(Sec. 1088) Expresses the sense of Congress that the moratorium on congressionally-directed spending items in the Senate and on congressional earmarks in the House of Representatives be fully enforced in this Act.
(Sec. 1090) Directs the Secretary and the Secretary of Homeland Security to provide personnel, equipment, and facilities to increase interdepartmental collaboration with respect to strategic planning for U.S. cybersecurity, mutual support for cybersecurity capabilities development, and synchronization of current operational cybersecurity mission activities.
(Sec. 1091) Authorizes the Secretary to exempt from disclosure under the Freedom of Information Act DOD critical infrastructure security information if the Secretary determines that the public interest consideration does not outweigh preventing the disclosure. Requires each exemption determination to be made available to the public, upon request.
(Sec. 1092) Includes stockpiled conventional munitions assistance as authorized assistance and training under humanitarian demining assistance.
(Sec. 1093) Directs the Secretary of the Navy to ensure that the Navy maintains a minimum of 10 carrier wings and, for each wing, a dedicated and fully-staffed headquarters.
(Sec. 1094) Requires the Secretary, for FY2013 and thereafter, to submit to the President a budget justification display that covers all programs and activities associated with procurement of organizational clothing and individual equipment.
(Sec. 1095) Expresses the sense of Congress that the sustainment of the solid rocket motor and liquid rocket engine industrial base is a national challenge that spans multiple federal departments and agencies and requires the attention of the President. Directs the President to: (1) submit to Congress a national rocket propulsion strategy containing specified elements; and (2) submit, with FY2013 budget justification materials, a long-term plan for maintaining a minimal capacity to produce intercontinental ballistic missile solid rocket motors.
Sec. 1096) Makes a corrective amendment to the American Recovery and Reinvestment Tax Act of 2009.
(Sec. 1097) Requires the FAA Administrator to establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges. Requires a program report from the Administrator to Congress. Requires any test range project under such program to be operational within 180 days after its establishment. Terminates the integration program five years after the enactment of this Act.
(Sec. 1098) Amends the NDAA for Fiscal Year 2010 to change the frequency of CG reports following reviews of the DOD-VA medical facility demonstration project.
Title XI: Civilian Personnel Matters
Subtitle A: Personnel
- (Sec. 1101) Makes technical amendments to DOD performance management, hiring, and training authorities. Removes references to the Department of Defense National Security Personnel System, which was repealed by the NDAA for Fiscal Year 2010.
(Sec. 1102) Directs the Secretary, within one year after implementation of the replacement DOD performance management and workforce incentive system, to: (1) conduct assessments or surveys of employee perceptions of the system, and (2) report assessment or survey results to Congress and the CG. Requires the CG to review any such assessments or surveys and report review results to Congress. Directs the Secretary to report at least semiannually on the design and implementation of the new system. Repeals superseded provisions.
(Sec. 1103) Amends the Hunter Act to: (1) make permanent direct hiring authority at DOD demonstration laboratories, and (2) extend through 2012 DOD authority to waive the annual limit on premium pay as well as the aggregate pay limit for certain federal employees working abroad.
(Sec. 1105) Waives certain pay limitations for individuals hired by DOD as highly qualified experts and serving with the Armed Forces in a contingency operation (thus conforming their pay and allowances to that of other federal employees serving in such circumstances).
(Sec. 1106) Requires each federal agency head to provide for the assignment of a post-combat case coordinator for each employee of such agency who suffers an injury or disability incurred or an illness contracted as a result of a war-risk hazard or capture, detention, or other restraint by a hostile force or individual. Requires the Office of Personnel Management (OPM) to prescribe guidelines for coordinator responsibilities. Requires coordinator services to continue until: (1) the employee accepts or declines an offer of employment at the employee's agency at a level not lower than two pay grades below the employee's grade before the injury, disability, or illness; or (2) the employee gives written notice that such services are no longer desired or necessary.
(Sec. 1107) Provides that, in the case of conversion of an agency function from performance by contractor to performance by an agency employee, the head of that agency may waive any maximum age limit for such employee if necessary to promote the recruitment or appointment of experienced personnel.
(Sec. 1108) Expresses the sense of Congress that the Secretary and the OPM Director should develop procedures for determining locality pay for employees of DOD in circumstances that may be unique to such employees, such as assignment to remote military installations, due to the difference between the cost of living at the post of assignment and the locality where such employee generally resides.
(Sec. 1109) Requires the head of each federal agency operating an internship program to appoint an internship coordinator within the agency. Directs OPM to make publicly available on the Internet: (1) the coordinator's name and contact information and information regarding application procedures and deadlines for the program, and (2) links to the websites where such information is displayed.
(Sec. 1110) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to: (1) extend through FY2016 a temporary experimental personnel management program for technical positions at the Defense Advanced Research Projects Agency (DARPA), and (2) grant up to ten additional scientific and engineering positions in the Office of the Director of Operational Test and Evaluation.
(Sec. 1111) Allows each Secretary concerned (under current law, only the Secretary of Defense) to employ without pay up to ten individuals possessing outstanding experience and ability.
(Sec. 1112) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2013 DOD authority to grant allowances, benefits, and gratuities to federal employees performing official duty in a combat zone.
Subtitle B: Other Matters
- (Sec. 1121) Allows a federal employee to designate any person to receive all (under current law, up to 50%) or any portion of their death gratuity in the event that such employee dies in connection with service with the Armed Forces in a contingency operation. Requires the appropriate agency head to notify the spouse in the event the employee does not choose the spouse as the beneficiary of a full death gratuity.
(Sec. 1122) Authorizes the Secretary to waive repayment of voluntary separation incentive pay in the case of employees who accepted a reassignment with DOD during the period beginning on April 1, 2004, and ending on May 1, 2008, and had received assurance that such repayment would not be required or would be waived. Terminates the waiver authority at the end of 2012.
(Sec. 1123) Extends through 2016 DOD authority to provide for the temporary continuation of health insurance coverage for employees separated due to a reduction in force.
(Sec. 1124) Directs the Secretary to list on the DOD public website the names of senior mentors serving in DOD, and to update the list at least quarterly.
(Sec. 1125) Terminates the DOD Joint Safety Climate Assessment System on the later of October 1, 2011, or the date of enactment of this Act.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training
- (Sec. 1201) Authorizes the Secretary to use specified DOD O&M funds in FY2012 for the Commanders' Emergency Response Program (humanitarian aid and assistance) in Afghanistan. Requires: (1) quarterly reports and briefings from the Secretary to the defense and appropriations committees on the source and allocation of such funds, and (2) the Secretary to submit to such committees a copy of the guidance issued to the Armed Forces concerning the allocation of such funds. Authorizes the Secretary, in exercising Program authority, to waive any law that would prohibit, restrict, or otherwise constrain the use of such authority. Requires the Secretary to notify such committees at least 15 days before obligating or expending funds for the Program.
(Sec. 1202) Amends the Warner Act to: (1) remove Iraq as a participant in DOD authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability, and (2) extend such temporary authority through FY2014.
(Sec. 1203) Amends the Reagan Act to increase and extend through FY2015 authorized DOD support of special operations to combat terrorism. Directs the Secretary to brief and report to the defense committees on future requirements for such authority.
(Sec. 1204) Amends the NDAA for Fiscal Year 2006 to extend through FY2013 a DOD program to build the capacity of certain foreign military forces. Requires a report from the Secretary to Congress on program implementation.
(Sec. 1205) Extends through FY2013 DOD's nonconventional assisted recovery program for certain DOD, federal government, and other designated personnel supporting U.S. national interests in isolated areas. Requires a quarterly report from the Secretary to the defense and appropriations committees on support for program activities.
(Sec. 1206) Authorizes the Secretary, during FY2012-FY2013, to provide logistic support, supplies, and services for foreign forces, including the national military forces of Uganda, participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army. Allows the participation of U.S. personnel only for self-defense or rescuing U.S. citizens. Provides funding from DOD O&M funds. Requires the Secretary to notify the defense, appropriations, and foreign relations committees at least 15 days prior to the provision of such support.
(Sec. 1207) Establishes in the Treasury the Global Security Contingency Fund to allow either the Secretary of Defense or State to provide assistance: (1) to enhance the capabilities of a foreign country's national military forces and other forces that conduct border and maritime security, internal defense, counterterrorism, or peace support operations consistent with U.S. foreign policy and national security interests; and (2) for the justice sector (including law enforcement and prisons) of such countries. Authorizes transfers to such Fund from other foreign assistance and related funds. Provides a $200 million annual limit on the amount of DOD funds transferred to the Fund. Requires: (1) the Secretary of State to notify the defense, foreign relations, and appropriations committees 15 days in advance of the provision of such assistance, and (2) annual reports from such Secretaries on the use of such funds. Terminates such authority at the end of FY2015.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan
- (Sec. 1211) Amends the NDAA for Fiscal Year 2008 to extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations in Iraq and Afghanistan. Increases the amount of such funding.
(Sec. 1212) Amends the NDAA for Fiscal Year 2010 to extend through 2012 DOD authority to transfer defense articles, and provide defense services in connection with such transfer, to the military and security forces of Iraq and Afghanistan. Extends required quarterly reports.
(Sec. 1213) Amends the NDAA for Fiscal Year 2008 to: (1) extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations, (2) increase the authorized amount for such reimbursements, and (3) extend through FY2013 required congressional notification of reimbursement to Pakistan for military support.
(Sec. 1214) Prohibits this Act's funds from being used to establish any military installation or base for providing for the permanent stationing of U.S. forces in Iraq or Afghanistan.
(Sec. 1215) Authorizes the Secretary to provide support for operations and activities of the Office of Security Cooperation in Iraq and for security assistance teams in Iraq. Limits FY2012 funding for such support. Provides such funding through DOD O&M funds. Requires a report from the Secretary to the defense, appropriations, and foreign relations committees on the activities of such Office.
(Sec. 1216) Amends the Skelton Act to extend through 2012 DOD authority to use funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1217) Amends the Skelton Act to extend through FY2012 the Afghanistan Infrastructure Fund. Limits the obligation of such funds until the Secretary submits to Congress a plan for the allocation and use of such funds in FY2012. Prohibits the obligation or expenditure of more than 85% of the Fund's FY2012 funding until the Secretary submits to Congress a plan for the allocation and use of such funds.
(Sec. 1218) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 reports concerning: (1) progress toward security and stability in Afghanistan, and (2) a long-term plan for sustaining the Afghanistan National Security Forces.
(Sec. 1219) Prohibits more than 50% of the FY2012 funds for reintegration activities in Afghanistan from being used to provide assistance to the government of Afghanistan until the Secretary determines and certifies to Congress that women in Afghanistan are an integral part of the reconciliation process between the Afghan government and the Taliban.
(Sec. 1220) Amends the NDAA for Fiscal Year 2010 to extend through FY2012 DOD authority to use the Pakistan Counterinsurgency Fund to assist Pakistan security forces to build and maintain such country's counterinsurgency capability. Limits to 40% the obligation of such funds in FY2012 until the Secretary reports to Congress on Fund strategy and metrics. Requires such report to be updated for any year in which funding is requested for such Fund.
(Sec. 1221) Directs the President to: (1) establish and update, and submit to Congress, options to accelerate the expansion of the capacity of the Afghan National Security Forces, with specified goals; (2) establish and occasionally update a set of benchmarks to evaluate progress toward meeting such goals; and (3) include the most current set of benchmarks in reports to Congress concerning progress toward security and stability in Afghanistan as required under the NDAA for Fiscal Year 2008.
Subtitle C: Reports and Other Matters
- (Sec. 1231) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees an assessment of the effectiveness of Coalition Support Fund reimbursements to Pakistan for operations conducted in support of Operation Enduring Freedom.
(Sec. 1232) Requires the CG to: (1) conduct an independent review of Iran's and China's conventional and anti-access capabilities, and (2) submit such review to the defense and appropriations committees.
(Sec. 1233) Directs the Secretary to report to the defense and foreign relations committees on DOD efforts, including within NATO, to address the energy security of the NATO alliance.
(Sec. 1234) Directs the CG to report to the defense committees on the National Guard State Partnership program.
(Sec. 1235) States U.S. policy with respect to reducing and mitigating the threat posed by man-portable air-defense systems (systems) that were in Libya as of March 19, 2011. Requires the DNI, within 45 days after the enactment of this Act, to submit to the defense, foreign relations, and intelligence committees an intelligence community assessment that accounts for the disposition of, and the threat posed by, such systems. Directs the President to: (1) develop and implement, and periodically update, a comprehensive strategy to reduce and mitigate such threat posed to U.S. citizens and U.S. allies; and (2) submit such strategy to such committees.
(Sec. 1236) Directs the Secretary to report to the defense and foreign relations committees on the current and future military power of the Democratic People's Republic of Korea.
(Sec. 1237) Expresses the sense of Congress: (1) that any arms control negotiations with Russia should be aimed at the reduction of Russian deployed and non-deployed non-strategic nuclear weapons and the increased transparency of such weapons, and (2) in favor of an extended U.S. deterrence in Europe.
(Sec. 1238) Amends the NDAA for Fiscal Year 2000 to require additional information in an annual DOD analysis of the military and security developments involving China.
(Sec. 1239) Requires the Secretary to report to the defense, appropriations, and foreign relations committees on the desirability and feasibility of expanding to additional countries participation in the Euro-NATO Joint Jet Pilot Training program.
(Sec. 1240) Directs the Secretary to report to Congress on the nuclear forces of the Russian Federation as it relates to the New START Treaty.
(Sec. 1241) Requires the Under Secretary of Defense for Policy to report to the defense committees on progress of the African Union in operationalizing the African Standby Force.
(Sec. 1242) Requires the President to develop and submit to the defense, appropriations, and foreign relations committees a plan for the normalization of U.S. defense cooperation with the Republic of Georgia, including the sale of defensive arms.
(Sec. 1243) Amends the NDAA for Fiscal Year 2006 to authorize the Secretary to waive the prohibition on the procurement of goods or services from Communist Chinese military companies if: (1) the waiver is necessary for national security purposes, and (2) the Secretary notifies the defense and appropriations committees at least 15 days in advance of such waiver.
(Sec. 1244) Prohibits any classified U.S. ballistic missile defense information from being made available to Russia unless, 60 days prior to such release, the President notifies the defense and foreign relations committees.
(Sec. 1245) Designates the financial sector of Iran, including the Central Bank of Iran (CBI), as of primary money laundering concern for purposes of the implementation of U.S. international counter-money laundering procedures. Directs the President to block and prohibit all transactions in property and interests of Iranian financial institutions if such property and interests are in the United States, come within the United States, or come within the possession or control of a U.S. person. Requires the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining in the United States of an account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the CBI or another Iranian financial institution designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Authorizes the President to impose other sanctions pursuant to such Act. Provides sanction exceptions with respect to the sale of food, medicine, and medical devices. Provides for the applicability of sanctions with respect to other foreign central banks, and with respect to petroleum transactions. Provides sanction exceptions. Authorizes the President to waive such sanctions for up to two 120-day periods for national security purposes, with a required justification to Congress for each waiver. Directs the President to carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran to take certain actions to hamper Iran's ability to use such proceeds for the purchase of certain military or dual-use technology. Requires semiannual reports from the President to Congress on the initiative. Authorizes the President to implement and enforce penalties associated with the authority provided under this section.
Title XIII: Cooperative Threat Reduction
- (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Places an 80% limit on the obligation of FY2012 funds for the cooperative biological engagement program (part of the CTR programs) until the Secretary submits to Congress a detailed analysis of the effect of such program and either: (1) written certification of its positive effects on threat reduction; or (2) a detailed list of recommendations to modify, expand, or curtail the program in order to achieve desired objectives.
(Sec. 1304) Prohibits more than $500,000 of the FY2012 CTR funds from being obligated or expended to establish a center of excellence in any country not a state of the former Soviet Union until 15 days after the Secretary notifies the defense and appropriations committees.
Title XIV: Other Authorizations - Subtitle A: Military Programs -
(Sec. 1401) Authorizes appropriations to DOD for FY2012 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) chemical agents and munitions destruction, (4) drug interdiction and counter-drug activities, (5) the Defense Inspector General, and (6) the Defense Health Program.
Subtitle B: National Defense Stockpile
- (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2012, to obligate up to $50,107,320 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase and extend through 2016 DOD authority to sell NDS materials.
Subtitle C: Other Matters
- (Sec. 1421) Authorizes appropriations for FY2012 for the Armed Forces Retirement Home.
(Sec. 1422) Earmarks specified funds for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Additional Appropriations
- (Sec. 1501) Authorizes appropriations for DOD for FY2012 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters
- (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters
- (Sec. 1531) Requires Joint Improvised Explosive Device Defeat Fund report requirements originally required under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to apply to funds made available for such Fund for FY2012. Requires a monthly Fund obligation and expenditure report during FY2012 from the Secretary to the defense and appropriations committees.
(Sec. 1532) Applies to funds authorized under this title provisions of the Hunter Act prohibiting the use of DOD funds for the acquisition, development, or improvement of facilities in Iraq for use by the Iraqi government, its political subdivisions, or its armed forces.
(Sec. 1533) Requires funds authorized for the Afghanistan Security Forces Fund in FY2012 to be subject to Fund use and other conditions enumerated under the NDAA for Fiscal Year 2008. Allows assistance provided to include literacy instruction and training to build the capacity of military and civilian personnel of Afghanistan's Ministry of Defense and Ministry of Interior. Directs the Secretary to report to the defense and appropriations committees as to whether DOD has sufficient management and oversight mechanisms in place with respect to FY2012 contracts using amounts from such Fund.
(Sec. 1534) Amends the Skelton Act to extend into 2012 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Requires Task Force activities to focus on improving the commercial viability of other reconstruction or development activities conducted by the United States in Afghanistan. Provides a FY2012 funding limitation.
(Sec. 1535) Prohibits the use of funds for DOD's Trans Regional Web Initiative until the Secretary makes certain certifications to the defense committees.
(Sec. 1536) Directs the Secretary to: (1) direct a FFRDC to conduct an assessment on lessons learned from the use of interagency teams for counterterrorism operations in Afghanistan and Iraq, and (2) submit assessment results and comments to the defense and appropriations committees.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 2012 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2014, or the date of enactment of an Act authorizing funds for military construction for FY2015, whichever is later, with an exception.
Title XXI [
]: Army Military Construction
- (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2105) Revises construction authority under certain prior-year military construction projects.
(Sec. 2108) Authorizes the Secretary of the Army to carry out a military construction project at Fort Irwin, California.
(Sec. 2109) Extends certain prior-year military construction projects.
(Sec. 2111) Prohibits funds from being obligated or expended for additional tour normalization until: (1) the Director of Cost Assessment and Program Evaluation conducts an analysis of alternatives, (2) the Secretary submits to the defense and appropriations committees a master plan for completing all phases of tour normalization, and (3) legislation enacted after the enactment of this Act authorizes the obligation of funds for such purpose.
(Sec. 2113) Reduces by $100 million prior-year Army military construction funds.
Title XXII: Navy Military Construction
- (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Extends certain prior-year military construction projects.
(Sec. 2207) Prohibits the use of funds authorized under this title, or provided by Japan, to implement the realignment of U.S. Marine Corps forces from Okinawa to Guam until: (1) the Commandant of the Marine Corps provides to the defense and appropriations committees the preferred force lay-down for the U.S. Pacific Command area of responsibility; (2) the Secretary submits to the defense and appropriations committees a master plan for the construction of facilities and infrastructure to execute the preferred force lay-down on Guam; (3) the Secretary certifies to such committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma; and (4) a plan is provided to such committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure on Guam affected by the realignment. Directs the Secretary to either: (1) submit to such committees the report on the assessment of the U.S. force posture in East Asia and the Pacific region required under section 346 of this Act, or (2) certify to such committees that the deadline established for submission of such report has not been met. Requires the Secretary to obtain a specific authorization for the use of non-DOD appropriated funds during FY2012 for the construction or acquisition of public infrastructure on Guam. Provides an exception with respect to the use of such funds to carry out additional analysis under the National Environmental Policy Act of 1969.
(Sec. 2208) Reduces by $25 million prior-year Navy military construction funds.
Title XXIII: Air Force Military Construction
- (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Revises a certain prior-year military construction project.
(Sec. 2306) Extends a certain prior-year military construction project.
(Sec. 2307) Reduces by $32 million prior-year Air Force military construction funds.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations
- (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of DOD.
(Sec. 2403) Prohibits the Secretary from entering into an award for replacement of the Wetzel-Smith Elementary School project at Baumholder, Germany, until the Secretary completes an assessment of U.S. military force structure in the European theater and certifies to the defense and appropriations committees that Baumholder is an enduring location.
Subtitle B: Chemical Demilitarization Authorizations
- (Sec. 2411) Authorizes appropriations for fiscal years after 2011 for military construction and land acquisition for chemical demilitarization.
Subtitle C: Other Matters
- (Sec. 2421) Reduces by $131.4 million prior-year DOD military construction funds.
Title XXV: North Atlantic Treaty Organization Security Investment Program
- (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2011 for such Program.
Title XXVI: Guard and Reserve Forces Facilities
Subtitle A: Project Authorizations and Authorization of Appropriations
- (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2011 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Subtitle B: Other Matters
- (Sec. 2611) Extends certain prior-year National Guard and reserve military construction projects.
(Sec. 2613) Revises certain prior-year military construction projects.
Title XXVII: Base Realignment and Closure Activities
- (Sec. 2701) Authorizes appropriations for fiscal years after 2011 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005.
(Sec. 2703) Requires the Secretary to: (1) complete as expeditiously as possible all closures and realignments recommended by the Defense Base Closure and Realignment Commission; and (2) complete the closure of the Umatilla Chemical Depot, Oregon, without regard to any required condition and within one year after completion of the chemical demilitarization mission.
(Sec. 2704) Directs the Secretary concerned to include a transportation infrastructure assessment as part of any closure or realignment determined to possibly have a significant transportation impact.
Title XVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes
- (Sec. 2801) Prohibits any contract entered into by the United States in connection with a military construction or military family housing project from using any form of cost-plus contracting. Makes such prohibition applicable notwithstanding a declaration of war or a national emergency.
(Sec. 2802) Makes $750,000 the single threshold for all DOD unspecified minor military construction contracts. (Currently, there is a threshold exception.) Extends through FY2016 a DOD laboratory revitalization program.
(Sec. 2803) Increases from $100,000 to $150,000 the performance and payment threshold requirements under contracts for military construction and family housing projects.
(Sec. 2804) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2012 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2805) Authorizes the Secretary or the Secretary concerned, in the national interest, to transfer up to $400 million of FY2012 military construction funds between any such authorizations for that military department or defense agency. Requires prompt notification to the defense and appropriations committees of each transfer.
Subtitle B: Real Property and Facilities Administration
- (Sec. 2811) Authorizes the Secretary to use Pentagon Reservation Maintenance Revolving Fund amounts to support construction or alteration activities at the Pentagon within the unspecified minor construction project limits.
(Sec. 2812) Removes the authority of the Secretary concerned to grant an easement, for any purpose that such Secretary considers advisable, for a right-of-way over land withdrawn or reserved for that military department.
(Sec. 2813) Authorizes the use of the DOD readiness and environmental protection initiative authority to protect areas near military installations from encroachment that is incompatible with the mission of the installation. Allows for lump-sum payments by the United States for property acquired under such authority.
(Sec. 2814) Includes sustainability of military operations as an authorized purpose of wildlife studies conducted under DOD conservation and cultural activities. Allows, under such activities, the implementation of ecosystem-wide land management plans. Makes permanent (under current law ends at the end of FY2013) DOD authority to exchange property at or near military installations in order to limit encroachments.
(Sec. 2815) Authorizes the exchange (under current law, the conveyance) of property at or near military installations for land acquisition purposes. Makes such authority permanent (under current law, ends at the end of FY2013).
(Sec. 2816) Directs the Secretary, when using defense access roads funds, to determine the magnitude of improvements required as the result of an increased defense mission in an area without regard to the extent to which traffic generated by the installation is greater than other traffic in the area. Requires the Secretary to: (1) convene the Economic Adjustment Committee to consider additional sources of funding for the defense access roads program; and (2) report Committee deliberation results to Congress, along with an implementation plan for the mitigation of significant transportation impacts in areas with an increased defense mission. Requires DOD amounts requested for the defense access roads program to be set forth each year as a separate budget request.
Subtitle C: Energy Security
- (Sec. 2821) Consolidates under federal armed forces law definitions used under DOD energy security matters.
(Sec. 2822) Directs the Secretary to: (1) establish a policy under which a military installation shall give favorable consideration for energy security in the design and development of energy projects on a military installation that will use renewable energy sources, (2) notify Congress within 30 days after entering into any agreement for such a project that excludes the pursuit of energy security on cost-prohibitive grounds, and (3) provide a cost-benefit analysis of such a decision. Requires the development of a DOD geothermal energy project to include the consideration of energy security in its design and development. Requires energy security incorporation to be included in DOD energy project reports.
(Sec. 2823) Directs the Secretary, as part of the DOD 2025 renewable energy goal, to establish an interim goal for FY2018 for the production or procurement of facility energy from renewable energy sources. Requires the Secretary to notify the defense and appropriations committees of such new goal within 180 days after the enactment of this Act.
(Sec. 2824) Directs the Secretary to establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources. Requires the Secretary concerned, under such policy, to submit requests for the purchase of such certificates to a centralized purchasing authority maintained by such department or the Defense Logistics Agency. Requires renewable energy certificates to be listed within reporting requirements on DOD energy projects.
(Sec. 2825) Requires the Secretary to prescribe a definition of "energy-efficient product" for use in connection with the construction, repair, or renovation of DOD facilities, and to modify such definition as needed to account for emerging or changing technologies.
(Sec. 2826) Requires the Secretary to submit the annual installation energy management report within 120 days after the end of each fiscal year.
(Sec. 2827) Directs the Secretary to require that information generated by installation energy meters be captured and tracked to determine baseline energy consumption.
(Sec. 2828) Directs the Secretary of the Navy to meter Navy piers so that energy consumption of naval vessels in port can be accurately measured and captured and steps can be taken to improve their energy use. Requires information on such energy consumption to be included in annual DOD energy management progress reports.
(Sec. 2829) Requires the Secretary to: (1) establish a training policy for DOD energy managers designated for military installations, (2) issue such policy within 180 days after the enactment of this Act, and (3) brief the defense committees on the policy.
(Sec. 2830) Requires the Secretary to report to the defense and appropriations committees on DOD energy-efficiency standards utilized for military construction and repair. Prohibits the use of FY2012 DOD funds for achieving any LEED (Leadership in Energy and Environmental Design) gold or platinum certification, with an authorized waiver by the Secretary. Allows LEED gold and platinum certification, without such a waiver, if its achievement imposes no additional costs to DOD.
Subtitle D: Provisions Related to Guam Realignment
- (Sec. 2841) Prohibits the Secretary of the Navy from awarding any additional Navy or Marine Corps construction project or associated task order on Guam in connection with the realignment of military installations and the relocation of military personnel on Guam (Guam realignment) if the aggregate number of H-2B workers (as defined under the Immigration and Nationality Act) exceeds 2,000 until such Secretary certifies to the defense and appropriations committees that a system of health care for such workers is available.
(Sec. 2842) Amends the MCAA for Fiscal Year 2011 to repeal a required condition prior to the DOD conveyance to the Guam Waterworks Authority of water and wastewater treatment utility systems on Guam.
Subtitle E: Land Conveyances
- (Sec. 2851) Authorizes the Secretary of the Air Force to convey to: (1) the city of Anchorage, Alaska, specified real property at the Joint Base Elmendorf Richardson, Alaska (Joint Base), for solid waste management, alternative energy production, and related activities; and (2) the Eklutna Alaska Native village corporation specified real property in Anchorage, for any use compatible with Joint Base purposes.
(Sec. 2852) Amends the MCAA for 2010 to: (1) make a transferee correction with respect to a land conveyance at Camp Joseph T. Robinson, Arkansas; and (2) revise the Secretary of the Navy's authority with respect to a land conveyance at Camp Caitlin and the Ohana Nui areas, Hawaii.
(Sec. 2854) Authorizes the Secretary of the Army to convey to the Texas General Land Office specified real property at Fort Bliss, Texas, for facilitating commercial development.
(Sec. 2855) Authorizes the Secretaries of the Army and of Health and Human Services (HHS) to convey all residual rights and interest to specified real property at the former Defense Depot, Ogden, Utah, in order to permit the Ogden City Redevelopment Authority to prevent the further deterioration of the building on such property and to redevelop the property.
Subtitle F: Other Matters
- (Sec. 2861) Redesignates the Industrial College of the Armed Forces as the "Dwight D. Eisenhower School for National Security and Resource Strategy."
(Sec. 2862) Amends the MCAA for Fiscal Year 1997 to redesignate the Mike O'Callaghan Federal Hospital (Nevada) as the "Mike O'Callaghan Federal Medical Center."
(Sec. 2863) Prohibits any real property under the jurisdiction of the Secretary or the Secretary concerned from being named after any individual who is a Member of Congress at time of the naming.
(Sec. 2864) Requires the Secretary or the Secretary concerned to notify the defense committees prior to implementing any reduction of more than 1,000 in the number of military personnel assigned at an installation. Provides exceptions: (1) for reductions pursuant to a base closure law, and (2) when the President certifies to Congress that the reduction must be implemented for reasons of national security or military emergency.
(Sec. 2865) Directs the Secretary of the Navy to submit to the defense and appropriations committees a plan to address the facilities and infrastructure requirements at each Navy public shipyard.
(Sec. 2866) Requires a report from the Secretary to Congress on the homeowners assistance program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 2867) Prohibits a DOD department, agency, or component, during the period beginning on the date of enactment of this Act and ending on May 1, 2012, from obligating funds for a data server farm or data center unless approved by the DOD Chief Information Officer (CIO) or the appropriate department, agency, or component chief information officer designated by the CIO. Requires, after May 1, 2012, any obligation of funds for such purpose to be in conformance with a performance plan for the reduction of resources required for data servers and centers, as submitted by the Secretaries of the military departments and the heads of the defense agencies. Requires the CIO, after such submission, to submit to the defense and appropriations committees a DOD-wide performance plan. Provides an exception to the requirements of this section with respect to such DOD intelligence components that are funded through the National Intelligence Program as the CIO considers appropriate. Directs the CIO, annually through 2016, to report to the defense, appropriations, and intelligence committees on cost savings, reductions, avoidances, and performance gains achieved as a result of activities taken under this section.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [
]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations
- (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2012 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations
- (Sec. 3111) Prohibits more than 25% of DOE nuclear security funds from being obligated or expended to establish a center of excellence in a country not a state of the former Soviet Union until the Secretary of Energy (Secretary, for purposes of this title) reports to the defense and foreign relations committees identifying the country involved and describing the center's purpose.
(Sec. 3112) Allows the Secretary to procure no more than one aircraft using DOE weapons activities funds for any fiscal year before FY2013.
(Sec. 3113) Amends the Atomic Energy Defense Act to: (1) require the head of the Office of River Protection at the Hanford Reservation at Richland, Washington, to include the Hanford Tank Farm Operations and the Waste Treatment Plant within management responsibilities; (2) require the Assistant Secretary of Energy for Environmental Management to notify the defense committees of any changes in roles, responsibilities, and reporting relationships that involve the Office; and (3) terminate the Office at the end of FY2019 (with an authorized extension if the Assistant Secretary determines that termination would disrupt effective management of the Hanford Tank Farm operations).
(Sec. 3114) Amends the NDAA for Fiscal Years 1992 and 1993 to recognize the museum operated by the Nevada Test Site Historical Foundation in Las Vegas, Nevada, as the official atomic testing museum of the United States.
Subtitle C: Reports
- (Sec. 3121) Repeals an obsolete reporting requirement under the NDAA for Fiscal Year 2002. Amends the Atomic Energy Defense Act to prohibit funds appropriated for the Initiatives for Proliferation Prevention program from being used to pay any tax or customs duty levied by the government of the Russian Federation. Requires the Secretary, if such a payment is unavoidable, to ensure that sufficient additional funds are provided to the program to offset the payment amount.
(Sec. 3122) Expresses the sense of Congress that: (1) the spread of nuclear and radiological weapons poses a short- and long-term threat to U.S. national security, and (2) U.S. nonproliferation efforts should prioritize the programs that most directly address such threat. Requires an annual report through 2016 from the Secretary to the defense, appropriations, and foreign relations committees on: (1) the strategic plans of DOE and the NNSA to prevent the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons; and (2) an assessment of the risk that non-nuclear weapons states may acquire nuclear enrichment or reprocessing technology, as well as a list reflecting the total amount of known highly-enriched uranium worldwide.
(Sec. 3123) Directs the Administrator to report to the defense and appropriations committees assessing the role of the nuclear security complex in supporting a safe, secure, and reliable nuclear deterrent, nuclear weapons reductions, nuclear nonproliferation, and opportunities for efficiencies and cost savings. Requires the CG to submit to such committees an assessment of the Administrator's report.
(Sec. 3124) Directs the DNI to: (1) conduct a net assessment of the high-performance computing capability of foreign countries, and (2) report assessment results to Congress.
(Sec. 3125) Requires the Secretary to: (1) conduct a study on waste reprocessing and Generation IV nuclear reactor technology; and (2) submit study results to the defense, energy, and foreign relations committees.
Subtitle D: Other Matters
- (Sec. 3131) Expresses the sense of Congress that: (1) employee pension plans of the NNSA and DOE's Office of Environmental Management (Office) should be fully funded to ensure that pension commitments made to highly skilled scientists, engineers, and other employees of the nuclear enterprise are kept; and (2) if amounts appropriated for contributions to those pension plans exceed amounts required, then the Administrator and the Assistant Secretary of Energy for Environmental Management should promptly obligate or expend the excess amounts on high-priority mission activities of the NNSA and the Office.
Title XXXII: Defense Nuclear Facilities Safety Board
- (Sec. 3201) Authorizes appropriations for FY2012 for the Defense Nuclear Facilities Safety Board (Board).
Title XXXIV [
]: Naval Petroleum Reserves
- (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2012 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration
- (Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2012 for the Maritime Administration (MA) for specified activities, including: (1) operations, (2) maintaining a U.S.-flag merchant fleet, (3) the disposal of obsolete vessels in the National Defense Reserve Fleet, and (4) maritime loan guarantees.
(Sec. 3502) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to use National Defense Reserve Fleet and Ready Reserve Force vessels for civil contingency operations and MA promotional and media events, when in the best interests of the government.
(Sec. 3503) Allows the Secretary to use Merchant Marine Academy funds for Academy recruiting activities.
(Sec. 3504) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 to require the Maritime Administrator, upon request, to provide briefings to specified congressional committees on progress made in recycling MA vessels and problems and issues relating to vessel recycling and disposal.
Division D: Funding Tables
- (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) military personnel, including for overseas contingency operations; (5) other authorizations, including those for overseas contingency operations; (6) military construction; and (7) DOE national security programs.
Division E: SBIR and STTR Reauthorization
- SBIR/STTR Reauthorization Act of 2011 -
Title LI: SBIR and STTR Reauthorization - Subtitle A: Reauthorization of the SBIR and STTR Programs
- (Sec. 5101) Amends the Small Business Act to reauthorize through FY2017 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
(Sec. 5102) Increases by 0.1% per year through FY2016, and by 0.2% per year and thereafter, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities. Increases the set-aside allocation under the STTR from 0.3% to 0.45% by increasing such percentage by 0.050% every two years from FY2012-FY2016.
(Sec. 5103) Increases, for both the SBIR and STTR programs, the individual small business award levels from: (1) $100,000 to $150,000, for participation at the Phase I level; and (2) $750,000 to $1 million, for participation at the Phase II level. Changes from every five years to annually the required SBA inflation adjustment of such awards. Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
(Sec. 5104) Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
(Sec. 5105) Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
(Sec. 5106) Authorizes the National Institutes of Health (NIH), DOD, and the Department of Education, during FY2012-FY2017, to provide SBIR Phase II awards under a project to a small business without regard to whether such business was provided a Phase I award under such project, upon certain determinations.
(Sec. 5107) Authorizes the NIH Director, the Secretary of Energy, and the Director of the National Science Foundation (NSF), 30 days after notifying the SBA Administrator (Administrator, for purposes of this title) and specified committees, to award through competitive, merit-based procedures up to 25% of their respective SBIR funds to small businesses majority-owned by multiple venture capital companies, hedge funds, or private equity firms. Permits other federal agencies to award up to 15% of their SBIR funds to such small businesses. Provides conditions under which a small business which was not majority-owned by multiple venture capital companies, hedge funds, or private equity firms at the time of application for an SBIR award, but is so owned on the date of the award, may still be eligible for such award.
Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies, hedge funds, or private equity firms for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits. Directs the Administrator to post on the SBA website information on SBIR and STTR program affiliation rules.
(Sec. 5108) Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
(Sec. 5109) Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or FFRDC. Prohibits a federal agency from: (1) conditioning an award upon entering into such an agreement; (2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or (3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or FFRDCs without entering into such agreements.
(Sec. 5110) Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
(Sec. 5111) Allows a small business that receives a Phase II SBIR or STTR award to receive an additional Phase II SBIR or STTR award for that project.
Subtitle B: Outreach and Commercialization Initiatives
- (Sec. 5121) Allows each federal agency conducting an STTR program (under current law, only an SBIR program) to contract for the provision of technical assistance to small businesses participating in that program. Extends from three to five years the authorized period of such assistance. Increases from $4,000 to $5,000 the amount authorized to be provided to SBIR or STTR participants under the first and second phases of such projects.
(Sec. 5122) Redesignates the Commercialization Pilot Program as the Commercialization Readiness Program, and includes STTR technology projects under such Program. Makes such Program permanent. Authorizes the Secretary of Defense to: (1) establish goals for the transition of phase III technologies in subcontracting plans; and (2) require prime contractors to report on the number and amount of contracts entered into for phase III SBIR or STTR projects. Directs the Secretary to: (1) establish goals for increasing the number of phase II STIR and STTR contracts awarded that lead to technology transition into programs of record or fielded systems; (2) use incentives or create new incentives to encourage agency program managers and prime contractors to meet such goals; and (3) include in a required annual report to Congress information on projects funded through the Program and efforts to transition their technologies into programs of record or fielded systems.
(Sec. 5123) Allows the head of each federal agency to allocate up to 10% of SBIR and STTR program funds to establish a pilot program: (1) for awards for technology development, testing, evaluation, and commercialization assistance for SBIR and STTR phase II technologies; or (2) to support the progress of research, research and development, and commercialization conducted under such programs to phase III. Outlines pilot program application requirements, and requires such agency heads to include pilot program information in required annual reports to the Administrator. Terminates the pilot program at the end of FY2017.
(Sec. 5124) Requires the Director of the Office of Science and Technology Policy to establish an Interagency SBIR/STTR Policy Committee to review, and make recommendations for improving the effectiveness and efficiency of, SBIR and STTR programs. Requires five reports from the Committee to the small business committees concerning such review and recommendations.
(Sec. 5125) Further defines "Phase III" for purposes of the SBIR and STTR programs, including what will qualify as "commercialization" under such phase.
(Sec. 5126) Requires final decisions on SBIR or STTR program proposals or applications within one year after close of solicitation, with respect to the NIH or the NSF, or 90 days after the close of solicitation, with respect to other participating agencies. Allows one additional identical period, if extended by the Administrator. Requires participating federal agencies to report annually to the Administrator on the average amount of time such agency makes final decisions and releases funding with respect to an award.
(Sec. 5127) Authorizes the NIH Director to use specified funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations from qualifying institutions. Outlines partnership requirements. Limits awards to: (1) $100,000 per individual proposal, and (2) $1 million per institution per year for up to three years. Requires such Director to report to the small business committees on the pilot program. Terminates the program at the end of FY2017.
Subtitle C: Oversight and Evaluation
- (Sec. 5131) Directs the SBA, in currently-required annual reports concerning SBIR and STTR programs, to include information on: (1) proposals received from small businesses with venture capital, hedge fund, and private equity firm investment; (2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals; (3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies, hedge funds, or private equity firms; and (4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
(Sec. 5132) Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
(Sec. 5134) Requires specified information concerning SBIR and STTR awardees to be included in public and government databases maintained by the SBA.
(Sec. 5136) Directs the CG, in each of the five years following the enactment of this Act, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
(Sec. 5137) Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
(Sec. 5138) Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in SBIR or STTR programs.
(Sec. 5139) Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
(Sec. 5140) Requires each federal agency conducting an SBIR or STTR program to obtain consent from program applicants to release their contact information to economic development organizations.
(Sec. 5141) Directs the Administrator to allow each federal agency required to conduct an SBIR program to use up to 3% of such funds for costs relating to administrative, oversight, and contract processing activities, including added costs necessitated by amendments made under this Act. Allows the Secretary of Defense and the Secretary of the military department concerned to use up to 1% of their SBIR funding to administer the Commercialization Readiness Program.
(Sec. 5142) Requires the CG to conduct a study of, and report to Congress on, the impact of requirements of this Act relating to venture capital company, hedge fund, and private equity firm involvement in SBIR and STTR programs.
(Sec. 5143) Directs the Administrator to amend the SBIR and STTR Policy Directives to include measures to prevent fraud, waste, and abuse in SBIR and STTR programs. Requires the CG to: (1) conduct a study evaluating federal agency implementation of the amendments made to such Directives; and (2) report study results to the small business committees and SBIR/STTR-participating federal agencies. Requires related reports from agency Inspectors General.
(Sec. 5144) Directs the Administrator to issue regulations to ensure that each federal agency required to carry out an SBIR or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance and audit procedures to reduce the paperwork and regulatory compliance burden on small businesses participating in such program.
Subtitle D: Policy Directives
- (Sec. 5151) Requires the Administrator to: (1) promulgate amendments to the SBIR and STTR Policy Directives to conform them to this title and its amendments; and (2) publish the amended Directives in the Federal Register.
Subtitle E: Other Provisions
- (Sec. 5161) Directs each federal agency required to participate in an SBIR or STTR program to: (1) develop metrics to evaluate the effectiveness and benefit of such program; (2) conduct an annual evaluation of their program using such metrics; and (3) report evaluation results annually to the Administrator and Congress.
(Sec. 5162) Requires all SBIR or STTR funds to be awarded pursuant to competitive and merit-based selection procedures.
(Sec. 5163) Directs the Administrator to submit to the small business committees an analysis of what restrictions, conditions, or covenants contained in a note, bond, debenture, other evidence of indebtedness, or preferred stock constitutes affiliation for purposes of small business research and development through the SBA.
(Sec. 5164) Limits to three years any current or future SBIR- or STTR-related pilot program not specifically authorized by law.
(Sec. 5165) Directs the head of each federal agency participating in an SBIR or STTR program to: (1) develop a system to measure the success of small businesses with respect to Phase II SBIR or STTR awards, and (2) begin evaluating whether each small business that received a Phase I award meets such minimum performance standard. Requires the agency head, upon a negative determination under (2), above, to prohibit such small business from participating in Phase I of the program during the one-year period after such determination. Directs each such agency head to develop a similar system as above with respect to the measurement of small business Phase III success. Requires each system and minimum performance standard established by an agency to be submitted to the Administrator and subject to approval.
(Sec. 5166) Directs the Administrator to establish and maintain a public Internet website of information relating to notice of and application for awards under the SBIR and STTR programs of each participating federal agency as the Administrator determines appropriate.
(Sec. 5167) Requires the head of each agency that makes more than $50 million in combined SBIR-STTR awards to report annually to Congress on efforts to enhance manufacturing activities, encourage manufacturing innovation, and develop new manufacturing technologies and processes.
(Sec. 5168) Requires an agency head that participates in the SBIR program and either the Experimental Program to Stimulate Competitive Research or the Institutional Development Award Program to: (1) coordinate agency initiatives with respect to such programs, (2) report to the Administrator and the small business committees on actions taken to increase such coordination in order to maximize existing resources, and (3) report subsequently on whether such actions have been successful in attracting entrepreneurs into the SBIR program and increasing the participation of states with historically low levels of SBIR awards.
Click to hide full description.
Bill titles: To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.; 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.; Military Construction Authorization Act for Fiscal Year 2012; SBIR/STTR Reauthorization Act of 2011; Military Construction Authorization Act for Fiscal Year 2012; SBIR/STTR Reauthorization Act of 2011
Links for more info on the vote: congress.gov