S. 1867 (112th): National Defense Authorization Act for Fiscal Year 2012

The text of the bill below is as of Dec 3, 2011 (Passed the Senate (Engrossed)).

Source: GPO

112th CONGRESS

1st Session

S. 1867

IN THE SENATE OF THE UNITED STATES

AN ACT

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.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2012.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A–Department of Defense Authorizations.

(2)

Division B–Military Construction Authorizations.

(3)

Division C–Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D–Funding Tables.

(5)

Division E–SBIR and STTR Reauthorization.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Scoring of budgetary effects.

DIVISION A—Department of Defense Authorizations

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters.

Subtitle C—Air Force Programs

Sec. 131. Procurement of advanced extremely high frequency satellites.

Sec. 132. Availability of fiscal year 2011 funds for research and development relating to the B–2 bomber aircraft.

Sec. 133. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record.

Sec. 134. Limitations on use of funds to retire B–1 bomber aircraft.

Sec. 135. Limitation on retirement of U–2 aircraft.

Sec. 136. Strategic airlift aircraft force structure.

Sec. 137. Limitation on retirement of C–23 aircraft.

Subtitle D—Joint and Multiservice Matters

Sec. 151. Inclusion of information on approved Combat Mission Requirements in quarterly reports on use of Combat Mission Requirement funds.

Sec. 152. F–35 Joint Strike Fighter aircraft.

Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program.

Sec. 154. Multiyear procurement authority for airframes for Army UH–60M/HH–60M helicopters and Navy MH–60R/MH–60S helicopters.

Sec. 155. Designation of undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program.

Sec. 156. Transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft to the Army.

Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-engining program.

Sec. 158. Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter.

Sec. 159. Authority for exchange with United Kingdom of specified F–35 Lightning II Joint Strike Fighter aircraft.

TITLE II—Research, Development, Test, and Evaluation

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Prohibitions relating to use of funds for research, development, test, and evaluation on the F136 engine.

Sec. 212. Limitation on use of funds for Increment 2 of B–2 bomber aircraft extremely high frequency satellite communications program.

Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike.

Sec. 214. Marine Corps ground combat vehicles.

Subtitle C—Missile Defense Matters

Sec. 231. Enhanced oversight of missile defense acquisition programs.

Sec. 232. Ground-based Midcourse Defense Program.

Sec. 233. Missile defense cooperation with Russia.

Sec. 234. Report on the United States missile defense hedging strategy.

Subtitle D—Reports

Sec. 251. Extension of requirements for biennial roadmap and annual review and certification on funding for development of hypersonics.

Subtitle E—Other Matters

Sec. 261. Contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems.

Sec. 262. Laboratory facilities, Hanover, New Hampshire.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Energy and Environmental Provisions

Sec. 311. Modification of energy performance goals.

Sec. 312. Streamlined annual report on defense environmental programs.

Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington.

Sec. 314. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina.

Sec. 315. Discharge of wastes at sea generated by ships of the Armed Forces.

Sec. 316. Consideration of energy security and reliability in development and implementation of energy performance goals.

Sec. 317. Installation energy metering requirements.

Sec. 318. Training policy for Department of Defense energy managers.

Subtitle C—Workplace and Depot Issues

Sec. 321. Minimum capital investment for certain depots.

Sec. 322. Limitation on revising the definition of depot-level maintenance.

Sec. 323. Designation of military industrial facilities as Centers of Industrial and Technical Excellence.

Sec. 324. Reports on depot-related activities.

Subtitle D—Reports

Sec. 331. Study on Air Force test and training range infrastructure.

Sec. 332. Study on training range infrastructure for special operations forces.

Sec. 333. Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings.

Sec. 334. Modified deadline for annual report on budget shortfalls for implementation of operational energy strategy.

Subtitle E—Other Matters

Sec. 341. Extension of authority for Army industrial facilities to enter into cooperative agreements with non-Army entities.

Sec. 342. Working-capital fund accounting.

Sec. 343. Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired cartridge cases.

Sec. 344. Authority to accept contributions of funds to study options for mitigating adverse effects of proposed obstructions on military installations.

Sec. 345. Utility disruptions to military installations.

Sec. 346. Eligibility of active and reserve members, retirees, gray area retirees, and dependents for space-available travel on military aircraft.

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy Generally

Sec. 501. Increase in authorized strengths for Marine Corps officers on active duty.

Sec. 502. Voluntary retirement incentive.

Sec. 503. National Defense University outplacement waiver.

Sec. 504. Modification of definition of joint duty assignment to include all instructor assignments for joint training and education.

Subtitle B—Reserve Component Management

Sec. 511. Authority for order to active duty of members of the Selected Reserve and certain members of the Individual Ready Reserve for preplanned missions.

Sec. 512. Modification of eligibility for consideration for promotion for certain reserve officers employed as military technicians (dual status).

Sec. 513. Modification of time in which preseparation counseling must be provided to reserve component members being demobilized.

Sec. 514. Report on termination of military technician as a distinct personnel management category.

Sec. 515. Authority to order army reserve, navy reserve, marine corps reserve, and air force reserve to active duty to provide assistance in response to a major disaster or emergency.

Subtitle C—General Service Authorities

Sec. 521. Repeal of mandatory high-deployment allowance.

Sec. 522. Prohibition on denial of reenlistment of members for unsuitability based on the same medical condition for which they were determined to be fit for duty.

Sec. 523. Expansion of regular enlisted members covered by early discharge authority.

Sec. 524. Extension of voluntary separation pay and benefits.

Sec. 525. Employment skills training for members of the Armed Forces on active duty who are transitioning to civilian life.

Sec. 526. Policy on military recruitment and enlistment of graduates of secondary schools.

Sec. 527. Freedom of conscience of military chaplains with respect to the performance of marriages.

Subtitle D—Education and Training

Sec. 541. Enhancement of authorities on joint professional military education.

Sec. 542. Grade of commissioned officers in uniformed medical accession programs.

Sec. 543. Reserve component mental health student stipend.

Sec. 544. Enrollment of certain seriously wounded, ill, or injured former or retired enlisted members of the Armed Forces in associate degree programs of the Community College of the Air Force in order to complete degree program.

Sec. 545. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC.

Sec. 546. Temporary authority to waive maximum age limitation on admission to the military service academies.

Sec. 547. Pilot program on receipt of civilian credentialing for skills required for military occupational specialties.

Subtitle E—Military Justice and Legal Matters Generally

Sec. 551. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice.

Sec. 552. Authority to compel production of documentary evidence.

Sec. 553. Procedures for judicial review of certain military personnel decisions.

Sec. 554. Department of Defense support for programs on pro bono legal representation for members of the Armed Forces.

Subtitle F—Sexual Assault Prevention and Response

Sec. 561. Director of the Sexual Assault Prevention and Response Office.

Sec. 562. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.

Sec. 563. Access of sexual assault victims to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.

Sec. 564. Requirement for privilege in cases arising under Uniform Code of Military Justice against disclosure of communications between sexual assault victims and Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and certain other persons.

Sec. 565. Expedited consideration and decision-making on requests for permanent change of station or unit transfer of victims of sexual assault.

Sec. 566. Department of Defense policy and procedures on retention and access to evidence and records relating to sexual assaults involving members of the Armed Forces.

Subtitle G—Defense Dependents' Education

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. Three-year extension and enhancement of authorities on transition of military dependent students among local educational agencies.

Subtitle H—Military Family Readiness

Sec. 576. Modification of membership of Department of Defense Military Family Readiness Council.

Sec. 577. Comptroller General of the United States report on Department of Defense military spouse employment programs.

Subtitle I—Other Matters

Sec. 581. Cold War Service Medal.

Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration Program.

Sec. 583. Report on process for expedited determination of disability of members of the Armed Forces with certain disabling conditions.

Sec. 584. Report on the achievement of diversity goals for the leadership of the Armed Forces.

Sec. 585. Specification of period in which application for voter registration or absentee ballot from an overseas voter is valid.

Sec. 586. Authorization and request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War.

Sec. 587. Authorization for award of the distinguished service cross for captain Fredrick L. Spaulding for acts of valor during the Vietnam War.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay authorities.

Sec. 612. Modification of qualifying period for payment of hostile fire and imminent danger special pay and hazardous duty special pay.

Subtitle B—Consolidation and Reform of Travel and Transportation Authorities

Sec. 621. Consolidation and reform of travel and transportation authorities of the uniformed services.

Sec. 622. Transition provisions.

Subtitle C—Disability, Retired Pay, and Survivor Benefits

Sec. 631. Repeal of automatic enrollment in Family Servicemembers' Group Life Insurance for members of the Armed Forces married to other members.

Sec. 632. Limitation on availability of certain funds pending report on provision of special compensation for members of the uniformed services with injury or illness requiring assistance in everyday living.

Sec. 633. Repeal of sense of Congress on age and service requirements for retired pay for non-regular service.

Sec. 634. Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training.

Sec. 635. Repeal of requirement of reduction of Survivor Benefits Plan survivor annuities by dependency and indemnity compensation.

Subtitle D—Pay and Allowances

Sec. 641. No reduction in basic allowance for housing for National Guard members who transition between active duty and full-time National Guard duty without a break in active service.

TITLE VII—Health Care Provisions

Subtitle A—TRICARE Program

Sec. 701. Annual cost-of-living adjustment in enrollment fees in TRICARE Prime.

Sec. 702. Maintenance of the adequacy of provider networks under the TRICARE program.

Sec. 703. Transition enrollment of uniformed services family health plan Medicare-eligible retirees to TRICARE for Life.

Sec. 704. Modification of authorities on surveys on continued viability of TRICARE Standard and TRICARE Extra.

Sec. 705. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States.

Subtitle B—Other Health Care Benefits

Sec. 711. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States.

Sec. 712. Transitional health benefits for certain members with extension of active duty following active duty in support of a contingency operation.

Sec. 713. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces.

Subtitle C—Health Care Administration

Sec. 721. Expansion of State licensure exceptions for certain mental health-care professionals.

Sec. 722. Clarification on confidentiality of medical quality assurance records.

TITLE VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Waiver of requirements relating to new Milestone approval for certain major defense acquisition programs experiencing critical cost growth due to change in quantity purchased.

Sec. 802. Modification of certain requirements of the Weapon Systems Acquisition Reform Act of 2009.

Sec. 803. Assessment, management, and control of operating and support costs for major weapon systems.

Sec. 804. Clarification of responsibility for cost analyses and targets for contract negotiation purposes.

Sec. 805. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs.

Sec. 806. Management of developmental test and evaluation for major defense acquisition programs.

Sec. 807. Assessment of risk associated with development of major weapon systems to be procured under cooperative projects with friendly foreign countries.

Subtitle B—Acquisition Policy and Management

Sec. 821. Inclusion of data on contractor performance in past performance databases for source selection decisions.

Sec. 822. Implementation of recommendations of Defense Science Board Task Force on Service Contracting.

Sec. 823. Temporary limitation on aggregate annual amount available for contract services.

Sec. 824. Annual report on single-award task and delivery order contracts.

Sec. 825. Incorporation of corrosion prevention and control into requirements applicable to development and acquisition of weapon systems.

Sec. 826. Prohibition on use of funds for certain programs.

Sec. 827. Applicability of Buy American Act to procurement of photovoltaic devices by Department of Defense.

Subtitle C—Amendments Relating to General Contracting Authorities, Procedures, and Limitations

Sec. 841. Treatment for technical data purposes of independent research and development and bid and proposal costs.

Sec. 842. Limitation on defense contractor compensation.

Sec. 843. Covered contracts for purposes of requirements on contractor business systems.

Sec. 844. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense.

Sec. 845. Prohibition on collection of political information.

Sec. 846. Waiver of Buy American requirement for procurement of components otherwise producible overseas with specialty metal not produced in the United States.

Sec. 847. Comptroller General of the United States reports on noncompetitive and one-offer contracts awarded by the Department of Defense.

Sec. 848. Detection and avoidance of counterfeit electronic parts.

Sec. 849. Report on authorities available to the Department of Defense for multiyear contracts for the purchase of advanced biofuels.

Sec. 850. Comptroller General of the United States reports on Department of Defense implementation of justification and approval requirements for certain sole-source contracts.

Subtitle D—Provisions Relating to Wartime Contracting

Sec. 861. Prohibition on contracting with the enemy in the United States Central Command theater of operations.

Sec. 862. Additional access to contractor and subcontractor records in the United States Central Command theater of operations.

Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs.

Sec. 864. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies.

Sec. 865. Reach-back contracting authority for Operation Enduring Freedom and Operation New Dawn.

Sec. 866. Inclusion of contractor support requirements in Department of Defense planning documents.

Subtitle E—Other Matters

Sec. 881. Extension of availability of funds in the Defense Acquisition Workforce Development Fund.

Sec. 882. Modification of delegation of authority to make determinations on entry into cooperative research and development agreements with NATO and other friendly organizations and countries.

Sec. 883. Rate of payment for airlift services under the Civil Reserve Air Fleet program.

Sec. 884. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and adjustment of threshold for inflation.

Sec. 885. Extension and expansion of small business programs of the Department of Defense.

Sec. 886. Three-year extension of test program for negotiation of comprehensive small business subcontracting plans.

Sec. 887. Five-year extension of Department of Defense Mentor-Protege Program.

Sec. 888. Report on alternatives for the procurement of fire-resistant and fire-retardant fiber and materials for the production of military products.

Sec. 889. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program.

Sec. 890. Department of Defense assessment of industrial base for night vision image intensification sensors.

Sec. 891. Implementation of acquisition strategy for Evolved Expendable Launch Vehicle.

Sec. 892. Report on impact of foreign boycotts on the defense industrial base.

TITLE IX—Department of Defense Organization and Management

Subtitle A—Department of Defense Management

Sec. 901. Qualifications for appointments to the position of Deputy Secretary of Defense.

Sec. 902. Designation of Department of Defense senior official with principal responsibility for airship programs.

Sec. 903. Memoranda of agreement on synchronization of enabling capabilities of general purpose forces with the requirements of special operations forces.

Sec. 904. Enhancement of administration of the United States Air Force Institute of Technology.

Sec. 905. Defense laboratory matters.

Sec. 906. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security interests.

Sec. 907. Sense of Congress on use of modeling and simulation in Department of Defense activities.

Sec. 908. Sense of Congress on ties between Joint Warfighting and Coalition Center and Allied Command Transformation of NATO.

Sec. 909. Report on effects of planned reductions of personnel at the Joint Warfare Analysis Center on personnel skills.

Subtitle B—Space Activities

Sec. 911. Commercial space launch cooperation.

Sec. 912. Authority to designate increments or blocks of space vehicles as major subprograms subject to acquisition reporting requirements.

Sec. 913. Review to identify interference with national security Global Positioning System receivers by commercial communications services.

Subtitle C—Intelligence Matters

Sec. 921. Expansion of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions.

Sec. 922. Facilities for intelligence collection or special operations activities abroad.

Sec. 923. Ozone Widget Framework.

Sec. 924. Plan for incorporation of enterprise query and correlation capability into the Defense Intelligence Information Enterprise.

Subtitle D—Cybersecurity Matters

Sec. 931. Strategy to acquire capabilities to detect previously unknown cyber attacks.

Sec. 932. Program in support of Department of Defense policy on sustaining and expanding information sharing.

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Defense business systems.

Sec. 1003. Modification of authorities on certification and credential standards for financial management positions in the Department of Defense.

Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements.

Sec. 1005. Audit readiness of financial statements of Department of Defense.

Sec. 1006. Plan to ensure audit readiness of statements of budgetary resources.

Subtitle B—Counter-Drug Activities

Sec. 1011. Five-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies.

Sec. 1012. Five-year extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments.

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug activities.

Sec. 1014. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1015. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Limitation on availability of funds for placing Maritime Prepositioning Ship squadrons on reduced operating status.

Sec. 1022. Modification of conditions on status of retired aircraft carrier ex-John F. Kennedy.

Sec. 1023. Authority to provide information for maritime safety of forces and hydrographic support.

Sec. 1024. Report on policies and practices of the Navy for naming the vessels of the Navy.

Sec. 1025. Assessment of stationing of additional DDG–51 class destroyers at Naval Station Mayport, Florida.

Sec. 1026. Transfer of certain high-speed ferries to the Navy.

Subtitle D—Detainee Matters

Sec. 1031. Affirmation of authority of the Armed Forces of the United States to detain covered persons pursuant to the Authorization for Use of Military Force.

Sec. 1032. Requirement for military custody.

Sec. 1033. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities.

Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Procedures for periodic detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1036. Procedures for status determinations.

Sec. 1037. Clarification of right to plead guilty in trial of capital offense by military commission.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Management of Department of Defense installations.

Sec. 1042. Amendments relating to the Military Commissions Act of 2009.

Sec. 1043. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities.

Sec. 1044. Treatment under Freedom of Information Act of certain sensitive national security information.

Sec. 1045. Clarification of airlift service definitions relating to the Civil Reserve Air Fleet.

Sec. 1046. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and international peace and security organizations.

Sec. 1047. Net assessment of nuclear force levels required with respect to certain proposals to reduce the nuclear weapons stockpile of the United States.

Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-Teachers Program.

Sec. 1049. Expansion of Operation Hero Miles.

Subtitle F—Repeal and Modification of Reporting Requirements

PART I—Repeal of Reporting Requirements

Sec. 1061. Repeal of reporting requirements under title 10, United States Code.

Sec. 1062. Repeal of reporting requirements under annual defense authorization acts.

Sec. 1063. Repeal of reporting requirements under other laws.

PART II—Modification of Existing Reporting Requirements

Sec. 1066. Modification of reporting requirements under title 10, United States Code.

Sec. 1067. Modification of reporting requirements under other titles of the United States Code.

Sec. 1068. Modification of reporting requirements under annual defense authorization acts.

Sec. 1069. Modification of reporting requirements under other laws.

Subtitle G—Other Study and Report Matters

Sec. 1071. Modification of dates of Comptroller General of the United States review of executive agreement on joint medical facility demonstration project, North Chicago and Great Lakes, Illinois.

Sec. 1072. Report on plan to implement organizational goals recommended in the National Security Strategy–2010.

Sec. 1073. Biennial assessment of and report on delivery platforms for nuclear weapons and the nuclear command and control system.

Sec. 1074. Annual report on the nuclear weapons stockpile of the United States.

Sec. 1075. Nuclear employment strategy of the United States.

Sec. 1076. Study on the recruitment, retention, and development of cyberspace experts.

Sec. 1077. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites.

Sec. 1078. Report on integration of unmanned aerial systems into the national airspace system.

Sec. 1079. Study on United States force posture in East Asia and the Pacific region.

Sec. 1080. Report on status of implementation of accepted recommendations in the Final Report of the 2010 Army Acquisition Review panel.

Sec. 1080A. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace.

Sec. 1080B. Comptroller General review of medical research and development relating to improved combat casualty care.

Sec. 1080C. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States.

Sec. 1080D. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense.

Sec. 1080E. Comptroller General report on Department of Defense science and technology programs.

Sec. 1080F. Comptroller General report on Science, Technology, Engineering, and Math (STEM) initiatives.

Sec. 1080G. Report on Defense Department analytic capabilities regarding foreign ballistic missile threats.

Sec. 1080H. Report on approval and implementation of Air Sea Battle Concept.

Sec. 1080I. Report on effects of changing flag officer positions within the Air Force Material Command.

Subtitle H—Other Matters

Sec. 1081. Redesignation of psychological operations as military information support operations in title 10, United States Code, to conform to Department of Defense usage.

Sec. 1082. Termination of requirement for appointment of civilian members of National Security Education Board by and with the advice and consent of the Senate.

Sec. 1083. Redesignation of Industrial College of the Armed Forces as the Dwight D. Eisenhower School for National Security and Resource Strategy.

Sec. 1084. Designation of Fisher House for the Families of the Fallen and Meditation Pavilion, Dover Air Force Base, Delaware, as a Fisher House.

Sec. 1085. Sense of Senate on application of moratorium on earmarks to this Act.

Sec. 1086. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.

Sec. 1087. Technical amendment.

Sec. 1088. Improving the transition of members of the Armed Forces with experience in the operation of certain motor vehicles into careers operating commercial motor vehicles in the private sector.

Sec. 1089. Fire suppression agents.

Sec. 1090. Acquisition and procurement exchanges between the United States and India.

Sec. 1091. Long-term plan for maintenance of intercontinental ballistic missile solid rocket motor production capacity.

Sec. 1092. Cybersecurity collaboration between the Department of Defense and the Department of Homeland Security.

Sec. 1093. Reemployment rights following certain National Guard duty.

TITLE XI—Civilian Personnel Matters

Sec. 1101. Authority of the Secretaries of the military departments to employ up to 10 persons without pay.

Sec. 1102. Extension of eligibility to continue Federal employee health benefits for certain employees of the Department of Defense.

Sec. 1103. Authority for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program.

Sec. 1104. Permanent extension and expansion of experimental personnel program for scientific and technical personnel.

Sec. 1105. Modification of beneficiary designation authorities for death gratuity payable upon death of a United States Government employee in service with the Armed Forces.

Sec. 1106. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Sec. 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

TITLE XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and Training

Sec. 1201. Expansion of scope of humanitarian demining assistance authority to include stockpiled conventional munitions.

Sec. 1202. One-year extension and modification of authorities applicable to Commanders' Emergency Response Program.

Sec. 1203. Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.

Sec. 1204. Conditional extension and modification of authority to build the capacity of counter terrorism forces of Yemen.

Sec. 1205. Extension of authority for support of special operations to combat terrorism.

Sec. 1206. Limitation on availability of funds for authorities relating to program to build the capacity of foreign military forces.

Sec. 1207. Global Security Contingency Fund.

Sec. 1208. Authority to build the capacity of certain counterterrorism forces of East African countries.

Sec. 1209. Support of forces participating in operations to disarm the Lord’s Resistance Army.

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1221. Extension and modification of logistical support for coalition forces supporting operations in Iraq and Afghanistan.

Sec. 1222. One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan.

Sec. 1223. One-year extension of authorities applicable to the Pakistan Counterinsurgency Fund.

Sec. 1224. One-year extension of authority to use funds for reintegration activities in Afghanistan.

Sec. 1225. Modification of authority on program to develop and carry out infrastructure projects in Afghanistan.

Sec. 1226. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1227. Two-year extension of certain reports on Afghanistan.

Sec. 1228. Authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1229. Benchmarks to evaluate the progress being made toward the transition of security responsibilities for Afghanistan to the Government of Afghanistan.

Sec. 1230. Certification requirement regarding efforts by Government of Pakistan to implement a strategy to counter improvised explosive devices.

Sec. 1231. Report on Coalition Support Fund reimbursements to the Government of Pakistan for operations conducted in support of Operation Enduring Freedom.

Subtitle C—Reports and Other Matters

Sec. 1241. Report on progress of the African Union in operationalizing the African Standby Force.

Sec. 1242. Comptroller General of the United States report on the National Guard State Partnership Program.

Sec. 1243. Man-portable air-defense systems originating from Libya.

Sec. 1244. Defense cooperation with Republic of Georgia.

Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. National Defense Sealift Fund.

Sec. 1403. Defense Health Program.

Sec. 1404. Chemical Agents and Munitions Destruction, Defense.

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1406. Defense Inspector General.

Subtitle B—National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile Funds.

Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile.

Subtitle C—Armed Forces Retirement Home

PART I—Authorization of Appropriations

Sec. 1421. Authorization of appropriations.

PART II—Armed Forces Retirement Home Authorities

Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991.

Sec. 1423. Annual validation of multiyear accreditation.

Sec. 1424. Clarification of duties of Senior Medical Advisor.

Sec. 1425. Replacement of Local Boards of Trustees for each facility with single Advisory Council.

Sec. 1426. Administrators and ombudsmen of facilities.

Sec. 1427. Inspection requirements.

Sec. 1428. Repeal of obsolete provisions.

Sec. 1429. Technical, conforming, and clerical amendments.

Subtitle D—Other Matters

Sec. 1431. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

TITLE XV—Authorization of Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Defense Health Program.

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1509. Defense Inspector General.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Other Matters

Sec. 1531. One-year extension and modification of authority for Task Force for Business and Stability Operations in Afghanistan.

Sec. 1532. Modification of availability of funds in Afghanistan Security Forces Fund.

Sec. 1533. Limitation on availability of funds for Trans Regional Web Initiative.

Sec. 1534. Report on lessons learned from Department of Defense participation on interagency teams for counterterrorism operations in Afghanistan and Iraq.

TITLE XVI—National Guard Empowerment

Sec. 1601. Short title.

Sec. 1602. Reestablishment of position of Vice Chief of the National Guard Bureau and termination of position of Director of the Joint Staff of the National Guard Bureau.

Sec. 1603. Membership of the Chief of the National Guard Bureau on the Joint Chiefs of Staff.

Sec. 1604. Continuation as a permanent program and enhancement of activities of Task Force for Emergency Readiness pilot program of the Federal Emergency Management Agency.

Sec. 1605. Report on comparative analysis of costs of comparable units of the reserve components and the regular components of the Armed Forces.

Sec. 1606. Display of procurement of equipment for the reserve components of the Armed Forces under estimated expenditures for procurement in future-years defense programs.

Sec. 1607. Enhancement of authorities relating to the United States Northern Command and other combatant commands.

Sec. 1608. Requirements relating to National Guard officers in certain command positions.

Sec. 1609. Availability of funds under State Partnership Program for additional National Guard contacts on matters within the core competencies of the National Guard.

DIVISION B—Military Construction Authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Funding tables.

TITLE XXI—Army

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project.

Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project.

Sec. 2107. Modification of authority to carry out certain fiscal year 2011 projects.

Sec. 2108. Additional authority to carry out certain fiscal year 2012 project.

Sec. 2109. Extension of authorizations of certain fiscal year 2008 projects.

Sec. 2110. Extension of authorizations of certain fiscal year 2009 projects.

Sec. 2111. Technical amendments to correct certain project specifications.

Sec. 2112. Reduction of Army military construction authorization.

Sec. 2113. Tour normalization.

TITLE XXII—Navy

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Extension of authorization of certain fiscal year 2008 project.

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects.

Sec. 2207. Reduction of Navy military construction authorization.

Sec. 2208. Guam realignment.

TITLE XXIII—Air Force

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 project.

Sec. 2306. Extension of authorization of certain fiscal year 2009 project.

Sec. 2307. Reduction of Air Force military construction authorization.

TITLE XXIV—Defense Agencies

Subtitle A—Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Subtitle B—Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide.

Sec. 2412. Reduction of Defense Agencies military construction authorization.

TITLE XXV—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—Guard and Reserve Forces Facilities

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects.

Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects.

Sec. 2609. Modification of authority to carry out certain fiscal year 2009 project.

TITLE XXVII—Base Closure and Realignment Activities

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990.

Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005.

Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005.

Sec. 2704. Reduction of military construction authorization for base realignment and closure activities authorized through the Department of Defense Base Closure Account 1990.

TITLE XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. General military construction transfer authority.

Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2803. Clarification of authority to use the Pentagon Reservation maintenance revolving fund for minor construction and alteration activities at the Pentagon Reservation.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Exchange of property at military installations.

Sec. 2812. Clarification of authority to limit encroachments.

Sec. 2813. Department of Defense conservation and cultural activities.

Subtitle C—Land Conveyances

Sec. 2821. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas.

Sec. 2822. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui areas, Hawaii.

Sec. 2823. Land conveyance and exchange, Joint Base Elmendorf Richardson, Alaska.

Subtitle D—Other Matters

Sec. 2831. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy.

Sec. 2832. Data servers and centers.

Sec. 2833. Redesignation of Mike O'Callaghan Federal Hospital in Nevada as Mike O'Callaghan Federal Medical Center.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Review of security vulnerabilities of national laboratory computers.

Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex.

Sec. 3113. Aircraft procurement.

Sec. 3114. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.

Sec. 3115. Recognition and status of National Atomic Testing Museum.

Subtitle C—Reports

Sec. 3121. Report on feasibility of federalizing the security protective forces contract guard workforce at certain Department of Energy facilities.

Sec. 3122. Comptroller General study on oversight of Department of Energy defense nuclear facilities.

Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to review the facility design and construction of Construction Project 10–D–904 of the National Nuclear Security Administration.

TITLE XXXIII—MARITIME ADMINISTRATION

Sec. 3301. Maritime Administration.

DIVISION D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

TITLE XLII—Research, Development, Test, and Evaluation

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

TITLE XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

TITLE XLIV—Other Authorizations

Sec. 4401. Other authorizations.

Sec. 4402. Other authorizations for overseas contingency operations.

TITLE XLV—Military Construction

Sec. 4501. Military construction.

TITLE XLVI—Department of Energy National Security Programs

Sec. 4601. Department of Energy national security programs.

DIVISION E—SBIR and STTR Reauthorization

Sec. 5001. Short title.

Sec. 5002. Definitions.

Sec. 5003. Repeal.

TITLE LI—Reauthorization of the SBIR and STTR programs

Sec. 5101. Extension of termination dates.

Sec. 5102. Status of the Office of Technology.

Sec. 5103. SBIR allocation increase.

Sec. 5104. STTR allocation increase.

Sec. 5105. SBIR and STTR award levels.

Sec. 5106. Agency and program flexibility.

Sec. 5107. Elimination of Phase II invitations.

Sec. 5108. Participation by firms with substantial investment from multiple venture capital operating companies in a portion of the SBIR program.

Sec. 5109. SBIR and STTR special acquisition preference.

Sec. 5110. Collaborating with Federal laboratories and research and development centers.

Sec. 5111. Notice requirement.

Sec. 5112. Express authority for an agency to award sequential Phase II awards for SBIR or STTR funded projects.

TITLE LII—Outreach and commercialization initiatives

Sec. 5201. Rural and State outreach.

Sec. 5202. Technical assistance for awardees.

Sec. 5203. Commercialization Readiness Program at Department of Defense.

Sec. 5204. Commercialization Readiness Pilot Program for civilian agencies.

Sec. 5205. Accelerating cures.

Sec. 5206. Federal agency engagement with SBIR and STTR awardees that have been awarded multiple Phase I awards but have not been awarded Phase II awards.

Sec. 5207. Clarifying the definition of Phase III.

Sec. 5208. Shortened period for final decisions on proposals and applications.

TITLE LIII—Oversight and evaluation

Sec. 5301. Streamlining annual evaluation requirements.

Sec. 5302. Data collection from agencies for SBIR.

Sec. 5303. Data collection from agencies for STTR.

Sec. 5304. Public database.

Sec. 5305. Government database.

Sec. 5306. Accuracy in funding base calculations.

Sec. 5307. Continued evaluation by the National Academy of Sciences.

Sec. 5308. Technology insertion reporting requirements.

Sec. 5309. Intellectual property protections.

Sec. 5310. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations.

Sec. 5311. Pilot to allow funding for administrative, oversight, and contract processing costs.

Sec. 5312. GAO study with respect to venture capital operating company involvement.

Sec. 5313. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse.

Sec. 5314. Interagency policy committee.

Sec. 5315. Simplified paperwork requirements.

TITLE LIV—Policy directives

Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Directives.

TITLE LV—Other provisions

Sec. 5501. Research topics and program diversification.

Sec. 5502. Report on SBIR and STTR program goals.

Sec. 5503. Competitive selection procedures for SBIR and STTR programs.

3.

Congressional defense committees

For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

4.

Scoring of budgetary effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

A

Department of Defense Authorizations

I

Procurement

A

Authorization of Appropriations

101.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2012 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

B

Navy Programs

121.

Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract or contracts, beginning with the fiscal year 2012 program year, for the procurement of mission avionics and common cockpits for MH–60R/S helicopters.

(b)

Condition for out-Year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.

C

Air Force Programs

131.

Procurement of advanced extremely high frequency satellites

(a)

Contract authority

(1)

In general

The Secretary of the Air Force may procure two advanced extremely high frequency satellites by entering into a fixed-price contract for such procurement.

(2)

Cost reduction

The Secretary may include in a contract entered into under paragraph (1) the following:

(A)

The procurement of material and equipment in economic order quantities if the procurement of such material and equipment in such quantities will result in cost savings.

(B)

Cost reduction initiatives.

(3)

Use of incremental funding

The Secretary may use incremental funding for a contract entered into under paragraph (1) for a period not to exceed six fiscal years.

(4)

Liability

A contract entered into under paragraph (1) shall provide that—

(A)

any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and

(B)

the total liability of the Federal Government for the termination of the contract shall be limited to the total amount of funding obligated at the time of the termination of the contract.

(b)

Limitation of costs

(1)

Limitation

Except as provided in subsection (c), and excluding amounts described in paragraph (2), the total amount obligated or expended for the procurement of two advanced extremely high frequency satellites authorized by subsection (a) may not exceed $3,100,000,000.

(2)

Exclusion

The amounts described in this paragraph are amounts associated with the following:

(A)

Plans.

(B)

Technical data packages.

(C)

Post-delivery and program-related support costs.

(D)

Technical support for obsolescence studies.

(c)

Adjustment to limitation amount

(1)

In general

The Secretary may increase the limitation set forth in subsection (b)(1) by the amount of an increase described in paragraph (2) if the Secretary submits to the congressional defense committees written notification of the increase made to that limitation.

(2)

Increase described

An increase described in this paragraph is one of the following:

(A)

An increase in costs that is attributable to economic inflation after September 30, 2011.

(B)

An increase in costs that is attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2011.

(C)

An increase in the cost of an advanced extremely high frequency satellite that is attributable to the insertion of a new technology into the satellite that was not built into such satellites procured before fiscal year 2012, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology into the satellite is—

(i)

expected to decrease the life-cycle cost of the satellite; or

(ii)

required to meet an emerging threat that poses grave harm to the national security of the United States.

(d)

Reports

(1)

Report on contracts

Not later than 30 days after the date on which the Secretary enters into a contract under subsection (a), the Secretary shall submit to the congressional defense committees a report on the contract that includes the following:

(A)

The total cost savings resulting from the authority provided by subsection (a).

(B)

The type and duration of the contract.

(C)

The total value of the contract.

(D)

The funding profile under the contract by year.

(E)

The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract, including how any such changes may affect the success of the contract.

(2)

Plan for using cost savings

Not later than 90 days after the date on which the Secretary enters into a contract under subsection (a), the Secretary shall submit to the congressional defense committees a plan for using the cost savings described in paragraph (1)(A) to improve the capability of military satellite communications that includes a description of the following:

(A)

The available funds, by year, resulting from such cost savings.

(B)

The specific activities or subprograms to be funded using such cost savings and the funds, by year, allocated to each such activity or subprogram.

(C)

The objectives for each such activity or subprogram.

(D)

The criteria used by the Secretary to determine which such activities or subprograms to fund.

(E)

The method by which the Secretary will determine which such activities or subprograms to fund, including whether that determination will be on a competitive basis.

(F)

The plan for encouraging participation in such activities and subprograms by small businesses.

(G)

The process for determining how and when such activities and subprograms would transition to an existing program or be established as a new program of record.

(e)

Use of funds available for space vehicle number 5 for space vehicle number 6

The Secretary may obligate and expend amounts authorized to be appropriated for fiscal year 2012 by section 101 for procurement for the Air Force as specified in the funding table in section 4101 and available for the advanced procurement of long-lead parts and the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 5 for the advanced procurement of long-lead parts and the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 6.

(f)

Sense of Congress

It is the sense of Congress that the Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two advanced extremely high frequency satellites unless the Secretary determines that entering into such a contract will save the Air Force not less than 20 percent over the cost of procuring two such satellites separately.

132.

Availability of fiscal year 2011 funds for research and development relating to the B–2 bomber aircraft

Of the unobligated balance of amounts appropriated for fiscal year 2011 for the Air Force and available for procurement of B–2 bomber aircraft modifications, post-production support, and other charges, $20,000,000 shall be available for fiscal year 2012 for research, development, test, and evaluation with respect to a conventional mixed load capability for the B–2 bomber aircraft.

133.

Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record

(a)

In general

Of the unobligated balance of amounts appropriated for fiscal year 2011 for the Air Force and available for procurement of B–2 bomber aircraft aircraft modifications, post-production support, and other charges, $15,000,000 shall be available to support alternative options for the extremely high frequency terminal Increment 1 program of record.

(b)

Plan To secure protected communications

Not later than February 1, 2012, the Secretary of the Air Force shall submit to the congressional defense committees a plan to provide an extremely high frequency terminal for secure protected communications for the B–2 bomber aircraft and other aircraft.

134.

Limitations on use of funds to retire B–1 bomber aircraft

(a)

In general

None of the funds authorized to be appropriated by this Act for fiscal year 2012 for the Department of Defense may be obligated or expended—

(1)

on or before the date on which the Secretary of the Air Force submits to the congressional defense committees the plan described in subsection (b), to retire any B–1 bomber aircraft; or

(2)

after that date, to retire more than six B–1 bomber aircraft.

(b)

Plan described

The plan described in this subsection is a plan for retiring B–1 bomber aircraft that includes the following:

(1)

An identification of each B–1 bomber aircraft that will be retired and the disposition plan for such aircraft.

(2)

An estimate of the savings that will result from the proposed retirement of six B–1 bomber aircraft in each calendar year through calendar year 2022.

(3)

An estimate of the amount of the savings described in paragraph (2) that will be reinvested in the modernization of B–1 bomber aircraft still in service in each calendar year through calendar year 2022.

(4)

A modernization plan for sustaining the remaining B–1 bomber aircraft through at least calendar year 2022.

(5)

An estimate of the amount of funding required to fully fund the modernization plan described in paragraph (4) for each calendar year through calendar year 2022.

(c)

Sense of Congress

It is the sense of Congress that—

(1)

an amount that is not less than 60 percent of the savings achieved in each calendar year through calendar year 2022 resulting from the retirement of B–1 bomber aircraft should be reinvested in modernizing and sustaining bomber aircraft; and

(2)

an amount that is not less than 35 percent of the amount described in paragraph (1) should be reinvested in modernizing and sustaining the remaining B–1 bomber aircraft through at least calendar year 2022.

135.

Limitation on retirement of U–2 aircraft

(a)

Limitation

The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining the U–2 aircraft fleet in its current configuration and capability beyond fiscal year 2016 until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the appropriate committees of Congress that the operating and sustainment (O&S) costs for the Global Hawk unmanned aerial vehicle (UAV) are less than the operating and sustainment costs for the U–2 aircraft on a comparable flight-hour cost basis.

(b)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2)

the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

136.

Strategic airlift aircraft force structure

Section 8062(g)(1) of title 10, United States Code, is amended—

(1)

by striking October 1, 2009 and inserting October 1, 2011; and

(2)

by striking 316 aircraft and inserting 301 aircraft.

137.

Limitation on retirement of C–23 aircraft

(a)

In general

Upon determining to retire a C–23 aircraft, the Secretary of the Army shall first offer title to such aircraft to the chief executive officer of the State in which such aircraft is based.

(b)

Transfer upon acceptance of offer

If the chief executive officer of a State accepts title of an aircraft under subsection (a), the Secretary shall transfer title of the aircraft to the State without charge to the State. The Secretary shall provide a reasonable amount of time for acceptance of the offer.

(c)

Use

Notwithstanding the transfer of title to an aircraft to a State under this section, the aircraft may continue to be utilized by the National Guard of the State in State status using National Guard crews in that status.

(d)

Sustainment

Immediately upon transfer of title to an aircraft to the State under this section, the State shall assume all costs associated with operating, maintaining, sustaining, and modernizing the aircraft.

D

Joint and Multiservice Matters

151.

Inclusion of information on approved Combat Mission Requirements in quarterly reports on use of Combat Mission Requirement funds

Section 123(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4159; 10 U.S.C. 167 note) is amended by adding at the end the following new paragraphs:

(6)

A table setting forth the Combat Mission Requirements approved during the fiscal year in which such report is submitted and the two preceding fiscal years, including for each such Requirement—

(A)

the title of such Requirement;

(B)

the date of approval of such Requirement; and

(C)

the amount of funding approved for such Requirement, and the source of such approved funds.

(7)

A statement of the amount of any unspent Combat Mission Requirements funds from the fiscal year in which such report is submitted and the two preceding fiscal years.

.

152.

F–35 Joint Strike Fighter aircraft

In entering into a contract for the procurement of aircraft for the fifth low-rate initial production contract lot (LRIP–5) for the F–35 Lightning II Joint Strike Fighter aircraft, the Secretary of Defense shall ensure each of the following:

(1)

That the contract is a fixed price contract.

(2)

That the contract requires the contractor to assume full responsibility for costs under the contract above the target cost specified in the contract.

153.

Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program

At the same time the budget of the President for fiscal year 2013 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Under Secretary for Acquisition, Technology, and Logistics shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plans of the Department of Defense to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23), and the amendments made by that Act, within the Joint Strike Fighter (JSF) aircraft program. The report shall set forth the following:

(1)

Specific goals for implementing the requirements of the Weapon Systems Acquisition Reform Act of 2009, and the amendments made by that Act, within the Joint Strike Fighter aircraft program.

(2)

A schedule for achieving each goal set forth under paragraph (1) for the Joint Strike Fighter aircraft program.

154.

Multiyear procurement authority for airframes for Army UH–60M/HH–60M helicopters and Navy MH–60R/MH–60S helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2012 program year, for the procurement of airframes for UH–60M/HH–60M helicopters and, acting as the executive agent for the Department of the Navy, for the procurement of airframes for MH–60R/MH–60S helicopters.

(b)

Condition for out-year payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.

155.

Designation of undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program

(a)

Designation

The Under Secretary of Defense for Acquisition, Technology, and Logistics shall designate the undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program (MDAP).

(b)

Elements

The major defense acquisition program designated under subsection (a) shall consist of the elements as follows:

(1)

The Dry Combat Submersible-Light program.

(2)

The Dry Combat Submersible-Medium program.

(3)

The Shallow Water Combat Submersible program.

(4)

The Next-Generation Submarine Shelter program.

156.

Transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft to the Army

(a)

Plan for transfer

The Secretary of Defense shall develop and carry out a plan for the orderly transfer of the Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the Army to avoid the need for the Army to procure additional C–12 aircraft for the replacement of the Guardrail aircraft fleet under the Enhanced Medium Altitude Reconnaissance and Surveillance System (EMARSS) program.

(b)

Elements

The plan required by subsection (a) shall—

(1)

take into account the ability of Army personnel now operating the Guardrail aircraft to take over operation of C–12 Liberty aircraft as Guardrail aircraft are retired, freeing up Air Force personnel for reallocation to meet the expanding orbit requirements for Unmanned Aerial Systems;

(2)

take into account the need to sustain intelligence, surveillance, and reconnaissance support for forces deployed to Afghanistan and elsewhere; and

(3)

provide for the modification of the Liberty C–12 aircraft transferred under the plan to meet the long-term needs of the Army for the Enhanced Medium Altitude Reconnaissance and Surveillance System configuration to replace the Guardrail system.

(c)

Report

Not later than the date on which the budget for fiscal year 2013 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense and intelligence committees a report on the plan required by subsection (a). The report shall include a description of the plan and an estimate of the costs to be avoided through cancellation of aircraft procurement under the Enhanced Medium Altitude Reconnaissance and Surveillance System program by reason of the transfer of aircraft under the plan.

157.

Joint Surveillance Target Attack Radar System aircraft re-engining program

(a)

Report on audit of funds for program

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Air Force Audit Agency shall submit to the congressional defense committees the results of a financial audit of the funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System (JSTARS) aircraft re-engining program.

(2)

Elements

The report on the audit required by paragraph (1) shall include the following:

(A)

A description of how the funds described in that paragraph were expended, including—

(i)

an assessment of the existence, completeness, and cost of the assets acquired with such funds; and

(ii)

an assessment of the costs that were capitalized as military equipment and inventory and the cost characterized as operating expenses (including payroll, freight and shipment, inspection, and other operating costs).

(B)

A statement of the amount of such funds that remain available for obligation and expenditure, and in which accounts.

(b)

Use of remaining funds

The Secretary of the Air Force shall take appropriate actions to ensure that any funds described by subsection (a)(2)(B) are obligated and expended for the purpose for which originally authorized and appropriated, including, but not limited to, the installation of two engine shipsets on two operational Joint Surveillance Target Attack Radar System aircraft and the purchase of two spare engines.

158.

Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter

Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the development of the short take-off, vertical landing variant of the Joint Strike Fighter (otherwise known as the F–35B Joint Strike Fighter) that includes the following:

(1)

An identification of the criteria that the Secretary determines must be satisfied before the F–35B Joint Strike Fighter can be removed from the two-year probationary status imposed by the Secretary on or about January 6, 2011.

(2)

A mid-probationary period assessment of—

(A)

the performance of the F–35B Joint Strike Fighter based on the criteria described in paragraph (1); and

(B)

the technical issues that remain in the development program for the F–35B Joint Strike Fighter.

(3)

A plan for how the Secretary intends to resolve the issues described in paragraph (2)(B) before January 6, 2013.

159.

Authority for exchange with United Kingdom of specified F–35 Lightning II Joint Strike Fighter aircraft

(a)

Authority

(1)

Exchange authority

In accordance with subsection (c), the Secretary of Defense may transfer to the United Kingdom of Great Britain and Northern Ireland (in this section referred to as the United Kingdom) all right, title, and interest of the United States in and to an aircraft described in paragraph (2) in exchange for the transfer by the United Kingdom to the United States of all right, title, and interest of the United Kingdom in and to an aircraft described in paragraph (3). The Secretary may execute the exchange under this section on behalf of the United States only with the concurrence of the Secretary of State.

(2)

Aircraft To be exchanged by United States

The aircraft authorized to be transferred by the United States under this subsection is an F–35 Lightning II aircraft in the Carrier Variant configuration acquired by the United States for the Marine Corps under a future Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 6 contract.

(3)

Aircraft To be exchanged by United Kingdom

The aircraft for which the exchange under paragraph (1) may be made is an F–35 Lightning II aircraft in the Short-Take Off and Vertical Landing configuration that, as of November 19, 2010, is being acquired on behalf of the United Kingdom under an existing Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 4 contract.

(b)

Funding for production of aircraft

(1)

Funding sources for aircraft To be exchanged by United States

(A)

In general

Except as provided in subparagraph (B), funds for production of the aircraft to be transferred by the United States (including the propulsion system, long lead-time materials, the production build, and deficiency corrections) may be derived from appropriations for Aircraft Procurement, Navy, for the aircraft under the contract referred to in subsection (a)(2).

(B)

Exception

Costs for flight test instrumentation of the aircraft to be transferred by the United States and any other non-recurring and recurring costs for that aircraft associated with unique requirements of the United Kingdom may not be borne by the United States.

(2)

Funding sources for aircraft To be exchanged by United Kingdom

Costs for upgrades and modifications of the aircraft to be transferred to the United States that are necessary to bring that aircraft to the Low-Rate Initial Production 6 configuration under the contract referred to in subsection (a)(2) may not be borne by the United States.

(c)

Implementation

The exchange under this section shall be implemented pursuant to the memorandum of understanding titled Joint Strike Fighter Production, Sustainment, and Follow-on Development Memorandum of Understanding, which entered into effect among nine nations including the United States and the United Kingdom on December 31, 2006, consistent with section 27 of the Arms Export Control Act (22 U.S.C. 2767), and as supplemented as necessary by the United States and the United Kingdom.

II

Research, Development, Test, and Evaluation

A

Authorization of Appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.

B

Program Requirements, Restrictions, and Limitations

211.

Prohibitions relating to use of funds for research, development, test, and evaluation on the F136 engine

(a)

Prohibition on use of funds for rDT&E

None of the amounts authorized to be appropriated by this Act may be obligated or expended for research, development, test, or evaluation on the F136 engine.

(b)

Prohibition on treatment of certain expenditures as allowable charges

No research, development, test, or evaluation on the F136 engine that is conducted and funded by the contractor may be considered an allowable charge on any future government contract, whether as a direct or indirect cost.

212.

Limitation on use of funds for Increment 2 of B–2 bomber aircraft extremely high frequency satellite communications program

None of the funds authorized to be appropriated by section 201 for research, development, test, and evaluation for the Air Force as specified in the funding table in section 4201 and available for Increment 2 of the B–2 bomber aircraft extremely high frequency satellite communications program may be obligated or expended until the date that is 15 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the following:

(1)

The certification of the Secretary that—

(A)

the United States Government will own the data rights to any extremely high frequency active electronically steered array antenna developed for use as part of a system to support extremely high frequency protected satellite communications for the B–2 bomber aircraft; and

(B)

the use of an extremely high frequency active electronically steered array antenna is the most cost effective and lowest risk option available to support extremely high frequency satellite communications for the B–2 bomber aircraft.

(2)

A detailed plan setting forth the projected cost and schedule for research, development, and testing on the extremely high frequency active electronically steered array antenna.

213.

Unmanned Carrier Launched Airborne Surveillance and Strike

Of the amounts authorized to be appropriated for fiscal year 2012 for the Navy for research, development, test, and evaluation and available for purposes of the Unmanned Carrier Launched Airborne Surveillance and Strike (UCLASS) program (PE 64404N) as specified in the funding table in section 4201, not more than 50 percent may be obligated or expended for such purposes until the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees that the Under Secretary has approved an acquisition plan for that program at Milestone A approval that requires implementation of open architecture standards for that program.

214.

Marine Corps ground combat vehicles

(a)

Limitation on Milestone B approval for Marine Personnel Carrier pending analysis of alternatives for Amphibious Combat Vehicle

(1)

Limitation

Milestone B approval may not be granted for the Marine Personnel Carrier (MPC) until 30 days after the date of the submittal to the congressional defense committees of an Analysis of Alternatives (AoA) for the Amphibious Combat Vehicle (ACV).

(2)

Requirements for analysis of alternatives

The Analysis of Alternatives for the Amphibious Combat Vehicle required by paragraph (1) shall include each of the following:

(A)

An assessment of the ability of the Navy to defend its vessels against attacks at distances from shore ranging from 10-to-30 nautical miles during amphibious assault operations in multiple potential future conflict scenarios, based on existing and planned and budgeted defense capabilities. The assessment shall identify the key issues and variables that determine survivability in each of the scenarios assessed.

(B)

An assessment of the amount of time Marines can be expected to ride in a non-planing amphibious assault vehicle without suffering a significant degradation in combat effectiveness. The Marine Corps shall conduct tests to support such assessment using existing Amphibious Assault Vehicles and Expeditionary Fighting Vehicle SDD–2 prototypes.

(C)

An assessment of the armor protection levels the Amphibious Combat Vehicle would require to satisfy the requirements for the Marine Personnel Carrier program, and an assessment whether a non-planing Amphibious Combat Vehicle could practically achieve that armor protection level while meeting other objectives for mobility and cost.

(D)

An assessment of whether an Amphibious Combat Vehicle system could perform the range of amphibious assault and land warfare missions for the Marine Corps at a life-cycle cost approximately equal to or less than the combined cost of the Amphibious Combat Vehicle and Marine Personnel Carrier programs, and an assessment of the extent to which a ground combat vehicle fleet composed entirely of Amphibious Combat Vehicles would enhance the amphibious assault capabilities of the Marine Corps when compared with a fleet composed of a mixture of Amphibious Combat Vehicles and Marine Personnel Carriers.

(3)

Support of analysis of alternatives

The Marine Corps may conduct such technology development and demonstration, and such other pre-acquisition activities, tests, exercises, and modeling, as the Marine Corps considers necessary to support the Analysis of Alternatives required by paragraph (1) and the establishment of requirements for the Amphibious Combat Vehicle.

(b)

Limitation on Milestone B approval for various vehicles pending life-cycle cost assessment

(1)

Limitation

Milestone B approval may not be granted for any Marine Corps ground combat vehicle specified in paragraph (2) until 30 days after the date of the submittal to the congressional defense committees of a life-cycle cost assessment of the portfolio of Marine Corps ground vehicles performed by the Director of Cost Assessment and Program Evaluation of the Department of Defense.

(2)

Covered vehicles

The Marine Corps ground combat vehicles specified in this paragraph are the following:

(A)

The Marine Personnel Carrier.

(B)

The Amphibious Combat Vehicle.

(C)

The Joint Light Tactical Vehicle (JLTV).

(D)

Any other ground combat vehicle of the Marine Corps under development as of the date of the enactment of this Act for which Milestone B approval has not been granted as of that date.

(c)

Availability of funds

Of the amounts authorized to be appropriated for fiscal year 2012 by section 201 and available for research, development, test, and evaluation for the Navy as specified in the funding tables in section 4201 for Program Elements 0603611M and 0206623M for the Amphibious Combat Vehicle, the Assault Amphibious Vehicle 7A1, and the Marine Personnel Carrier, $30,000,000 is available for pre-acquisition activities in support of the Analysis of Alternatives and requirements definition for the Amphibious Combat Vehicle.

(d)

Milestone B approval defined

In this section, the term Milestone B approval has the meaning given that term in section 2366(e)(7) of title 10, United States Code.

C

Missile Defense Matters

231.

Enhanced oversight of missile defense acquisition programs

(a)

In general

Section 225 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4170; 10 U.S.C. 233 note) is amended—

(1)

in subsection (d), by striking each report and inserting each of the first three reports; and

(2)

by adding at the end the following new subsection:

(e)

Comptroller General assessment

(1)

At the end of each of fiscal years 2012 through 2015, the Comptroller General of the United States shall review the annual reports on acquisition baselines and variances required under subsection (c) and assess the extent to which the Missile Defense Agency has achieved its acquisition goals and objectives.

(2)

Not later than February 15, 2013, and each year thereafter through 2016, the Comptroller General shall submit to the congressional defense committees a report on the assessment under paragraph (1) with respect to the acquisition baselines for the preceding fiscal year. Each report shall include any findings and recommendations on missile defense acquisition programs and accountability therefore that the Comptroller General considers appropriate.

.

(b)

Repeal of superseded reporting authority

Section 232 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended by striking subsection (g).

232.

Ground-based Midcourse Defense Program

(a)

Findings

Congress makes the following findings:

(1)

The Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System was deployed initially in 2004 as a contingency capability to provide initial protection of the United States homeland against potential limited long-range missile attacks by nations such as North Korea and Iran.

(2)

As the Director of Operational Test and Evaluation has reported, prior to the decision in December 2002 to deploy the system, an operationally representative variant of the Ground-Based Interceptor had not been flight-tested.

(3)

As the Department of Defense and the Government Accountability Office have acknowledged, the Ground-based Midcourse Defense system experienced high levels of concurrency in development and deployment, which led to a number of problems. In April 2011, the Missile Defense Agency acknowledged that the system is still evolving and has not attained a stable configuration between missiles. It is still an ‘operational prototype’ system.

(4)

The Director of Operational Test and Evaluation reported in December 2010 that there have not been enough flight tests of the Ground-based Midcourse Defense system to permit an objective assessment of its operational effectiveness, suitability data remain insufficient, evaluation of survivability remains limited, and a full end-to end performance assessment is still a minimum of 6 years away.

(5)

As is to be expected from a developmental system, the Ground-based Midcourse Defense system has experienced a number of technical problems in flight tests. Many of these problems have been resolved with further development, as demonstrated in successful flight tests. The system has been under continuous improvement since it was first deployed, but has not yet obtained desired levels of effectiveness, suitability, or reliability.

(6)

In 2009, the Secretary of Defense announced that the Department of Defense would refocus efforts on improving the operational capability, reliability, and availability of the Ground-based Midcourse Defense system in order to maintain its ability to stay ahead of projected threats from North Korea and Iran for the foreseeable future.

(7)

In February 2010 the Ballistic Missile Defense Review stated the United States is currently protected against limited intercontinental ballistic missile attacks as a result of investments made over the past decade in the Ground-based Midcourse Defense system and reiterated the commitment to improving the operational capability, reliability, and availability of the Ground-based Midcourse Defense System.

(8)

The two most recent flight tests of the Ground-based Midcourse Defense system, using the newest Capability Enhancement-2 Exo-atmospheric Kill Vehicle (EKV) design, each failed to achieve the intended interception of a target.

(9)

The two most recent flight tests are not indicative of the functionality of the Capability Enhancement-1 Exo-atmospheric Kill Vehicle design, which continues to provide the United States protection against a limited intercontinental ballistic missile attack.

(10)

The Missile Defense Agency established a Failure Review Board to determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system. Its analysis will inform the proposed correction of the problem causing the flight-test failure.

(11)

The Missile Defense Agency plans to design a correction of the problem causing the December 2010 flight-test failure and to verify the correction through extensive modeling and simulation, ground testing, and two flight tests, the first of which will not be an interception test.

(12)

Until completing the verification of its corrective action, the Missile Defense Agency has suspended further production of Exo-atmospheric Kill Vehicles to ensure that potential flaws are not incorporated into them, and to permit any corrective action that may be needed to Exo-atmospheric Kill Vehicles at minimal cost and schedule risk.

(13)

The Director of the Missile Defense Agency has testified that the Missile Defense Agency has sufficient funding available and planned for fiscal years 2011 and 2012, respectively, to implement the planned correction of the problem causing the December 2010 flight-test failure.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

it is essential for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland, throughout its operational service life, against limited future missile attacks from nations such as North Korea and Iran;

(2)

the Missile Defense Agency should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system, design a correction of the problem causing the flight-test failure, and verify through extensive testing that such correction is effective and will allow the Ground-based Midcourse Defense system to reach levels described in paragraph (1);

(3)

before verifying the success of the correction of the problem causing the December 2010 flight-test failure, the Missile Defense Agency should suspend further production of Exo-atmospheric Kill Vehicles to ensure that they will not be deployed with any component or design flaws that may have caused the flight-test failure;

(4)

after the Missile Defense Agency has verified the correction of the problem causing the December 2010 flight-test failure, including through the two previously unplanned verification flight tests, the Agency should assess the need for any additional Ground-Based Interceptors and any additional steps needed for the Ground-based Midcourse Defense testing and sustainment program; and

(5)

the Department of Defense should plan for and budget sufficient future funds for the Ground-based Midcourse Defense program to ensure the ability to complete and verify an effective correction of the problem causing the December 2010 flight-test failure, and to mitigate the effects of corrective actions on previously planned program work that is deferred as a result of such corrective actions.

(c)

Reports

(1)

Reports required

Not later than 120 days after the date of the enactment of this Act, and one year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan of the Department of Defense to correct the problem causing the December 2010 flight-test failure of the Ground-based Midcourse Defense system, and any progress toward the achievement of that plan.

(2)

Elements

Each report required by paragraph (1) shall include the following:

(A)

A detailed discussion of the plan to correct the problem described in that paragraph, including plans for diagnostic, design, testing, and manufacturing actions.

(B)

A detailed discussion of any results obtained from the plan described in subparagraph (A) as of the date of such report, including diagnostic, design, testing, or manufacturing results.

(C)

A description of any cost or schedule impact of the plan on the Ground-based Midcourse Defense program, including on testing, production, refurbishment, or deferred work.

(D)

A description of any planned adjustments to the Ground-based Midcourse Defense program as a result of the implementation of the plan, including future programmatic, schedule, testing, or funding adjustments.

(E)

A description of any enhancements to the capability of the Ground-based Midcourse Defense system achieved or planned since the submittal of the budget for fiscal year 2010 pursuant to section 1105 of title 31, United States Code.

(3)

Form

Each report required by paragraph (1) shall be in unclassified form, but may include a classified annex.

233.

Missile defense cooperation with Russia

(a)

Findings

Congress makes the following findings:

(1)

For more than a decade, the United States and Russia have discussed a variety of options for cooperation on shared early warning and ballistic missile defense. For example, on May 1, 2001, President George W. Bush spoke of a new cooperative relationship with Russia and said it should be premised on openness, mutual confidence and real opportunities for cooperation, including the area of missile defense. It should allow us to share information so that each nation can improve its early warning capability, and its capability to defend its people and territory. And perhaps one day, we can even cooperate in a joint defense.

(2)

Section 1231 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 1654A–329) authorized the Department of Defense to establish in Russia a joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles, also known as the Joint Data Exchange Center (JDEC).

(3)

On March 31, 2008, Deputy Secretary of Defense Gordon England stated that “we have offered Russia a wide-ranging proposal to cooperate on missile defense—everything from modeling and simulation, to data sharing, to joint development of a regional missile defense architecture—all designed to defend the United States, Europe, and Russia from the growing threat of Iranian ballistic missiles. An extraordinary series of transparency measures have also been offered to reassure Russia. Despite some Russian reluctance to sign up to these cooperative missile defense activities, we continue to work toward this goal”.

(4)

On July 6, 2009, President Barack Obama and Russian President Dmitry Medvedev issued a joint statement on missile defense issues, which stated that “Russia and the United States plan to continue the discussion concerning the establishment of cooperation in responding to the challenge of ballistic missile proliferation… We have instructed our experts to work together to analyze the ballistic missile challenges of the 21st century and to prepare appropriate recommendations”.

(5)

The February 2010 report of the Ballistic Missile Defense Review established as one of its central policy pillars that increased international missile defense cooperation is in the national security interest of the United States and, with regard to cooperation with Russia, the United States is pursuing a broad agenda focused on shared early warning of missile launches, possible technical cooperation, and even operational cooperation.

(6)

at the November 2010 Lisbon Summit, the North Atlantic Treaty Organization (NATO) decided to develop a missile defense system to protect NATO European populations, territory and forces and also to seek cooperation with Russia on missile defense. In its Lisbon Summit Declaration, the North Atlantic Treaty Organization reaffirmed its readiness to invite Russia to explore jointly the potential for linking current and planned missile defence systems at an appropriate time in mutually beneficial ways. The new NATO Strategic Concept adopted at the Lisbon Summit states that we will actively seek cooperation on missile defence with Russia, that NATO-Russia cooperation is of strategic importance, and that the security of the North Atlantic Treaty Organization and Russia is intertwined.

(7)

In a December 18, 2010, letter to the leadership of the Senate, President Obama wrote that the North Atlantic Treaty Organization invited Russia to cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. The Lisbon Summit thus demonstrated that the Alliance’s missile defenses can be strengthened by improving NATO-Russian relations. This comes even as we have made clear that the system we intend to pursue with Russia will not be a joint system, and it will not in any way limit United States’ or NATO’s missile defense capabilities. Effective cooperation with Russia could enhance the overall efficiency of our combined territorial missile defenses, and at the same time provide Russia with greater security.

(8)

Section 221(a)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4167) states that it is the sense of Congress to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats.

(9)

In a speech in Russia on March 21, 2011, Secretary of Defense Robert Gates cited the NATO-Russian decision to cooperate on defense against ballistic missiles. We’ve disagreed before, and Russia still has uncertainties about the European Phased Adaptive Approach, a limited system that poses no challenges to the large Russian nuclear arsenal. However, we’ve mutually committed to resolving these difficulties in order to develop a roadmap toward truly effective anti-ballistic missile collaboration. This collaboration may include exchanging launch information, setting up a joint data fusion center, allowing greater transparency with respect to our missile defense plans and exercises, and conducting a joint analysis to determine areas of future cooperation.

(10)

In testimony to the Committee on Armed Services of the Senate on April 13, 2011, Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley H. Roberts stated that the United States has been pursuing a Defense Technology Cooperation Agreement with Russia since 2004, and that such an agreement is necessary for the safeguarding of sensitive information in support of cooperation on missile defense, and to provide the legal framework for undertaking cooperative efforts. Further, Dr. Roberts stated that the United States would not provide any classified information to Russia without first conducting a National Disclosure Policy review. He also stated that the United States is not considering sharing hit-to-kill technology with Russia.

(11)

The United States and Russia already engage in substantial cooperation on a number of international security efforts, including nuclear nonproliferation, anti-piracy, counter-narcotics, nuclear security, counter-terrorism, and logistics resupply through Russia of coalition forces in Afghanistan. These areas of cooperation require each side to share and protect sensitive information, which they have both done successfully.

(12)

The United States currently has shared early warning agreements and programs of cooperation with eight nations in addition to the North Atlantic Treaty Organization. The United States has developed procedures and mechanisms for sharing early warning information with partner nations while ensuring the protection of sensitive United States information.

(13)

Russia and the United States each have missile launch early warning and detection and tracking sensors that could contribute to and enhance each others’ ability to detect, track, an defend against ballistic missile threats from Iran.

(14)

The Obama Administration has provided regular briefings to Congress on its discussions with Russia on possible missile defense cooperation.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

it is in the national security interest of the United States to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States, its North Atlantic Treaty Organization allies, and Russia, particularly against missile threats from Iran;

(2)

the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral basis and a multilateral basis with its North Atlantic Treaty Organization allies, particularly through the NATO-Russia Council;

(3)

missile defense cooperation with Russia should not in any way limit United States' or NATO's missile defense capabilities, as acknowledged in the December 18, 2010, letter from President Obama to the leadership of the Senate, and should be mutually beneficial and reciprocal in nature; and

(4)

the United States should pursue missile defense cooperation with Russia in a manner that ensures that—

(A)

United States classified information is appropriately safeguarded and protected from unauthorized disclosure;

(B)

prior to sharing classified information with Russia, the United States conducts a National Disclosure Policy review and determines the types and levels of information that may be shared and whether any additional procedures are necessary to protect such information;

(C)

prior to entering into missile defense technology cooperation projects, the United States enters into a Defense Technology Cooperation Agreement with Russia that establishes the legal framework for a broad spectrum of potential cooperative defense projects; and

(D)

such cooperation does not limit the missile defense capabilities of the United States or its North Atlantic Treaty Organization allies.

(c)

Report

(1)

Report required

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on the status of efforts to reach agreement with Russia on missile defense cooperation.

(2)

Elements

The report required under paragraph (1) shall include the following:

(A)

A summary of the status of discussions between the United States and Russia, and between the North Atlantic Treaty Organization and Russia, on efforts to agree on missile defense cooperation.

(B)

A description of any agreements reached pursuant to such discussions, and any specific cooperative measures agreed, implemented, or planned.

(C)

A discussion of the manner in which such cooperative measures would enhance the security of the United States, and the manner in which such cooperative measures fit within the larger context of United States-Russian cooperation on international security.

(D)

A description of the status of efforts to conclude a bilateral Defense Technology Cooperation Agreement with Russia.

(E)

A description of the status of any National Disclosure Policy Review relative to the possible sharing of classified information with Russia concerning missile defense cooperation.

(F)

A discussion of the actions that are being taken or are planned to be taken to safeguard United States classified information in any agreement or discussions with Russia concerning missile defense cooperation.

(3)

Form of report

The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(4)

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—

(A)

the Committees on Armed Services, Foreign Relations, and Appropriations of the Senate; and

(B)

the Committees on Armed Services, Foreign Affairs, and Appropriations of the House of Representatives.

234.

Report on the United States missile defense hedging strategy

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the findings and conclusions of the homeland missile defense hedging strategy review, including a discussion of the feasibility and advisability of establishing a missile defense site on the East Coast of the United States.

(b)

Form

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

D

Reports

251.

Extension of requirements for biennial roadmap and annual review and certification on funding for development of hypersonics

Section 218(e)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2126; 10 U.S.C. 2358 note) is amended by striking 2012 and inserting 2020.

E

Other Matters

261.

Contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems

Section 243 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4178; 10 U.S.C. 2358 note) is amended—

(1)

by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

Cost-sharing

Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system either (1) for the development of program protection strategies for the system, or (2) for the design and incorporation of exportability features into the system shall include a cost-sharing provision that requires the contractor to bear at least one half of the cost of such activities.

.

262.

Laboratory facilities, Hanover, New Hampshire

(a)

Acquisition

(1)

In general

Subject to paragraph (3), the Secretary of the Army (referred to in this section as the Secretary) may acquire any real property and associated real property interests in the vicinity of Hanover, New Hampshire, described in paragraph (2) as may be needed for the Engineer Research and Development Center laboratory facilities at the Cold Regions Research and Engineering Laboratory.

(2)

Description of real property

The real property described in this paragraph is the real property to be acquired under paragraph (1)—

(A)

consisting of approximately 18.5 acres, identified as Tracts 101–1 and 101–2, together with all necessary easements located entirely within the Town of Hanover, New Hampshire; and

(B)

generally bounded—

(i)

to the east by state route 10-Lyme Road;

(ii)

to the north by the vacant property of the Trustees of Dartmouth College;

(iii)

to the south by Fletcher Circle graduate student housing owned by the Trustees of Dartmouth College; and

(iv)

to the west by approximately 9 acres of real property acquired in fee through condemnation in 1981 by the Secretary.

(3)

Amount paid for property

The Secretary shall pay not more than fair market value for any real property and associated real property interest acquired under this subsection.

(b)

Revolving fund

The Secretary—

(1)

through the Plant Replacement and Improvement Program of the Secretary, may use amounts in the revolving fund established by section 101 of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576) to acquire the real property and associated real property interests described in subsection (a); and

(2)

shall ensure that the revolving fund is appropriately reimbursed from the benefitting appropriations.

(c)

Right of first refusal

(1)

In general

The Secretary may provide the seller of any real property and associated property interests identified in subsection (a) a right of first refusal—

(A)

a right of first refusal to acquire the property, or any portion of the property, in the event the property or portion is no longer needed by the Department of the Army; and

(B)

a right of first refusal to acquire any real property or associated real property interests acquired by condemnation in Civil Action No. 81–360–L, in the event the property, or any portion of the property, is no longer needed by the Department of the Army.

(2)

Nature of right

A right of first refusal provided to a seller under this subsection shall not inure to the benefit of any successor or assign of the seller.

(d)

Consideration; fair market value

The purchase of any property by a seller exercising a right of first refusal provided under subsection (c) shall be for—

(1)

consideration acceptable to the Secretary; and

(2)

not less than fair market value at the time at which the property becomes available for purchase.

(e)

Disposal

The Secretary may dispose of any property or associated real property interests that are subject to the exercise of the right of first refusal under this section.

(f)

No effect on compliance with environmental laws

Nothing in this section affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Operation and maintenance funding

Funds are hereby authorized to be appropriated for fiscal year 2012 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

B

Energy and Environmental Provisions

311.

Modification of energy performance goals

(a)

Modification of goals

Section 2911(e) of title 10, United States Code, is amended—

(1)

in the subsection heading, by striking Goal and inserting Goals; and

(2)

in paragraph (1)—

(A)

by redesignating subparagraphs (A) and (B) as subparagraphs (D) and (E), respectively; and

(B)

by inserting before subparagraph (D), as redesignated by subparagraph (A) of this paragraph, the following new subparagraphs:

(A)

to produce or procure not less than 12 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2015 through 2017 from renewable energy sources;

(B)

to produce or procure not less than 16 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2018 through 2020 from renewable energy sources;

(C)

to produce or procure not less than 20 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2021 through 2024 from renewable energy sources;

.

(b)

Inclusion of direct solar as energy efficient product

Section 2915(e)(2)(A) of such title is amended by inserting direct solar, after Roof-top solar thermal,.

312.

Streamlined annual report on defense environmental programs

(a)

In general

Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

2711.

Annual report on defense environmental programs

(a)

Report required

The Secretary of Defense shall submit to Congress each year, not later than 45 days after the date on which the President submits to Congress the budget for a fiscal year, a report on defense environmental programs. Each report shall include:

(1)

With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, the following elements:

(A)

Information on the Installation Restoration Program, including the following:

(i)

The total number of sites in the IRP.

(ii)

The number of sites in the IRP that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding calendar year.

(iii)

A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the environmental restoration program during the fiscal year for which the budget is submitted.

(iv)

The Secretary's assessment of the overall progress of the IRP.

(B)

Information on the Military Munitions Restoration Program (MMRP), including the following:

(i)

The total number of sites in the MMRP.

(ii)

The number of sites that have reached the Remedy in Place Stage and the Response Complete Stage, and the change in such numbers in the preceding calendar year.

(iii)

A statement of the amount of funds allocated by the Secretary for, and the anticipated progress in implementing, the MMRP during the fiscal year for which the budget is submitted.

(iv)

The Secretary's assessment of the overall progress of the MMRP.

(2)

With respect to each of the major activities under the environmental quality program of the Department of Defense and for each of the military departments—

(A)

a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted; and

(B)

an explanation for any significant change in such amounts during the period covered.

(3)

With respect to the environmental technology program of the Department of Defense—

(A)

a report on the progress made by in achieving the objectives and goals of its environmental technology program during the preceding fiscal year and an overall trend analysis for the program covering the previous four fiscal years; and

(B)

a statement of the amount expended, or proposed to be expended, during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for which the budget is submitted.

(b)

Definitions

For purposes of this section—

(1)

the term environmental quality program means a program of activities relating to environmental compliance, conservation, pollution prevention, and other activities relating to environmental quality as the Secretary may designate; and

(2)

the term major activities with respect to an environmental program means—

(A)

environmental compliance activities;

(B)

conservation activities; and

(C)

pollution prevention activities.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2710 the following new item:

2711. Annual report on defense environmental programs.

.

313.

Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington

(a)

Authority To transfer funds

(1)

Transfer amount

Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of the Navy may transfer not more than $45,000 to the Hazardous Substance Superfund Jackson Park Housing Complex, Washington, special account.

(2)

Purpose of transfer

The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 7, 2009, against the Jackson Park Housing Complex, Washington, for the failure by the Navy to submit a draft Final Remedial Investigation/Feasibility Study for the Jackson Park Housing Complex Operable Unit (OU–3T–JPHC) in accordance with the requirements of the Interagency Agreement (Administrative Docket No. CERCLA–10–2005–0023).

(b)

Source of funds

Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301 for operation and maintenance for Environmental Restoration, Navy.

(c)

Use of funds

The amount transferred under subsection (a) shall be used by the Environmental Protection Agency to pay the penalty described under paragraph (2) of such subsection.

314.

Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina

(a)

Limitation on use of funds

None of the funds authorized to be appropriated by this Act may be used to make a final decision on or final adjudication of any claim filed regarding water contamination at Marine Corps Base Camp Lejeune unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies in writing to the Committees on Armed Services for the Senate and the House of Representatives. This provision does not prevent the use of funds for routine administrative tasks required to maintain such claims nor does it prohibit the use of funds for matters pending in Federal court.

(b)

Resolution of certain disputes

The Secretary of the Navy shall make every effort to resolve any dispute arising between the Department of the Navy and the Agency for Toxic Substances and Disease Registry that is covered by the Interagency Agreement between the Department of Health and Human Services Agency for Toxic Substances and Disease Registry and the Department of the Navy or any successor memorandum of understanding and signed agreements not later than 60 days after the date on which the dispute first arises. In the event the Secretary is unable to resolve such a dispute within 60 days, the Secretary shall submit to the congressional defense committees a report on the reasons why an agreement has not yet been reached, the actions that the Secretary plans to take to reach agreement, and the schedule for taking such actions.

(c)

Coordination prior to releasing information to the public

The Secretary of the Navy shall make every effort to coordinate with the Agency for Toxic Substances and Disease Registry on all issues pertaining to water contamination at Marine Corps Base Camp Lejeune, and other exposed pathways before releasing anything to the public.

315.

Discharge of wastes at sea generated by ships of the Armed Forces

(a)

Discharge restrictions for ships of the Armed Forces

Subsection (b) of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is amended to read as follows:

(b)
(1)

Except as provided in paragraph (3), this Act shall not apply to—

(A)

a ship of the Armed Forces described in paragraph (2); or

(B)

any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol.

(2)

A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by the Secretary concerned—

(A)

has unique military design, construction, manning, or operating requirements; and

(B)

cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship.

(3)
(A)

Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships referred to in subsection (a) other than those described in paragraph (2).

(B)

A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as follows:

(i)

The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the residues thereof, is prohibited.

(ii)

Garbage consisting of the following material may be discharged into the sea, subject to subparagraph (C):

(I)

A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter.

(II)

Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy.

(III)

With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy.

(IV)

Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, or incompletely burned plastics.

(C)
(i)

Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles of land.

(ii)

Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land.

(D)

Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than—

(i)

12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and

(ii)

25 nautical miles from the nearest land, in the case of all other garbage.

(E)

This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea.

(F)

This paragraph shall not apply during time of war or a national emergency declared by the President or Congress.

.

(b)

Conforming amendments

Section 3(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) is amended—

(1)

in paragraph (1), by striking Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1) and inserting subsection (b); and

(2)

in paragraph (2), by inserting and subsection (b)(3)(B)(i) of this section after Annex V to the Convention.

316.

Consideration of energy security and reliability in development and implementation of energy performance goals

Section 2911(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(12)

Opportunities to enhance energy security and reliability of defense facilities and missions, including through the ability to operate for extended periods off-grid.

.

317.

Installation energy metering requirements

The Secretary of Defense shall, to the maximum extent practicable, require that the information generated by the installation energy meters be captured and tracked to determine baseline energy consumption and facilitate efforts to reduce energy consumption.

318.

Training policy for Department of Defense energy managers

(a)

Establishment of training policy

The Secretary of Defense shall establish a training policy for Department of Defense energy managers designated for military installations in order to—

(1)

improve the knowledge, skills, and abilities of energy managers by ensuring understanding of existing energy laws, regulations, mandates, contracting options, local renewable portfolio standards, current renewable energy technology options, energy auditing, and options to reduce energy consumption;

(2)

improve consistency among energy managers throughout the Department in the performance of their responsibilities;

(3)

create opportunities and forums for energy managers to exchange ideas and lessons learned within each military department, as well as across the Department of Defense; and

(4)

collaborate with the Department of Energy regarding energy manager training.

(b)

Issuance of policy

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue the training policy for Department of Defense energy managers.

(c)

Briefing requirement

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, or designated representatives of the Secretary, shall brief the Committees on Armed Services of the Senate and House of Representatives regarding the details of the energy manager policy.

C

Workplace and Depot Issues

321.

Minimum capital investment for certain depots

Section 2476 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking Each fiscal year, the Secretary of a military department shall invest and inserting Each fiscal year, it shall be the objective of the Secretary of a military department to invest;

(2)

in subsection (b)—

(A)

by striking includes investment funds spent on depot infrastructure, equipment, and process improvement in direct support and inserting includes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct support; and

(B)

by adding at the end the following: It does not include funds spent for any other repair or activity to maintain or sustain existing facilities, infrastructure, or equipment.;

(3)

in subsection (d)—

(A)

by striking (1) Not later than and inserting Not later than;

(B)

by striking summarizing the level of capital investment for each military department and inserting summarizing the level of capital investment in the military departments; and

(C)

by striking paragraph (2); and

(4)

in subsection (e)(1), by adding at the end the following new subparagraphs:

(I)

Crane Ammunition Activity, Indiana.

(J)

McAlester Ammunition Plant, Oklahoma.

(K)

Radford Ammunition Plant, Virginia.

(L)

Lake City Ammunition Plant, Missouri.

(M)

Holsten Ammunition Plant, Tennessee.

(N)

Scranton Ammunition Plant, Pennsylvania.

(O)

Iowa Ammunition Plant, Iowa.

(P)

Milan Ammunition Plant, Tennessee.

(Q)

Joint System Manufacturing Center, Lima Ohio.

.

322.

Limitation on revising the definition of depot-level maintenance

(a)

Limitation

The Secretary of Defense or any of the Secretaries of the military departments may not issue guidance, regulations, policy, or revisions to any Department of Defense or service instructions containing a revision to the definition of depot-level maintenance unless the Secretary submits to the congressional defense committees the report described in subsection (b).

(b)

Report

The report referred to in subsection (a) is a report prepared by the Defense Business Board regarding the advisability of establishing a single definition of depot-level maintenance, taking into consideration—

(1)

the total industrial capacity, both in the private sector industry and in the depots;

(2)

the importance of establishing requirements and allocating workload on the basis of sound business case analyses; and

(3)

establishing transparency and accountability in the development of the core workload requirements and in the allocation of workload under the requirements in section 2466 of title 10, United States Code.

323.

Designation of military industrial facilities as Centers of Industrial and Technical Excellence

Section 2474(a)(1) of title 10, United States Code, is amended by inserting and may designate any military industrial facility after shall designate each depot-level activity.

324.

Reports on depot-related activities

(a)

Report on depot-level maintenance and recapitalization of certain parts and equipment

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense in consultation with the military departments, shall submit to the congressional defense committees a report on the status of the Drawdown, Retrograde and Reset Program for the equipment used in support of operations in Iraq and Afghanistan and the status of the overall supply chain management for depot-level activities.

(2)

Elements

The report required under paragraph (1) shall include the following elements:

(A)

An assessment of the number of backlogged parts for critical warfighter needs, an explanation of why those parts became backlogged, and an estimate of when the backlog is likely to be fully addressed.

(B)

A review of critical warfighter requirements that are being impacted by a lack of supplies and parts and an explanation of steps that the Director plans to take to meet the demand requirements of the military departments.

(C)

An assessment of the feasibility and advisability of working with outside commercial partners to utilize flexible and efficient turn-key rapid production systems to meet rapidly emerging warfighter requirements.

(D)

A review of plans to further consolidate the ordering and stocking of parts and supplies from the military departments at depots under the control of the Defense Logistics Agency.

(3)

Flexible and efficient turn-key rapid production systems defined

For the purposes of this subsection, flexible and efficient turn-key rapid production systems are systems that have demonstrated the capability to reduce the costs of parts, improve manufacturing efficiency, and have the following unique features:

(A)

Virtual and flexible

Systems that provide for flexibility to rapidly respond to requests for low-volume or high-volume machined parts and surge demand by accessing the full capacity of small- and medium-sized manufacturing communities in the United States.

(B)

Speed to market

Systems that provide for flexibility that allows rapid introduction of subassemblies for new parts and weapons systems to the warfighter.

(C)

Risk management

Systems that provide for the electronic archiving and updating of turn-key rapid production packages to provide insurance to the Department of Defense that parts will be available if there is a supply chain disruption.

(b)

Report on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes

(1)

Report required

The Secretary of the Air Force shall enter into an agreement with a federally funded research and development center to submit to the congressional defense committees, not later than 180 days after the date of the enactment of this Act, a report on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes.

(2)

Elements

The report required under paragraph (1) shall include the following elements:

(A)

Consideration of the proposed reorganization of Air Force Materiel Command announced on November 2, 2011.

(B)

An assessment of how various alternatives for aligning the managers described in subsection (a) within Air Force Materiel Command would likely support and impact life cycle management, weapon system sustainment, and overall support to the warfighter.

(C)

With respect to the alignment of the managers described in subsection (A), an examination of how the Air Force should be organized to best conduct life cycle management and weapon system sustainment, with any analysis of cost and savings factors subject to the consideration of overall readiness.

(D)

Recommended alternatives for meeting these objectives.

(3)

Cooperation of Secretary of Air Force

The Secretary of the Air Force shall provide any necessary information and background materials necessary for completion of the report required under paragraph (1).

D

Reports

331.

Study on Air Force test and training range infrastructure

(a)

Study

(1)

In general

The Secretary of the Air Force shall conduct a study on the ability of the major air test and training range infrastructure, including major military operating area airspace and special use airspace, to support the full spectrum of Air Force operations. The Secretary shall incorporate the results of the study into a master plan for requirements and proposed investments to meet Air Force training and test needs through 2025. The study and the master plan shall be known as the 2025 Air Test and Training Range Enhancement Plan.

(2)

Consultation

The Secretary of the Air Force shall, in conducting the study required under paragraph (1), consult with the Secretaries of the other military departments to determine opportunities for joint use and training of the ranges, and to assess the requirements needed to support combined arms training on the ranges. The Secretary shall also consult with the Department of the Interior, the Department of Agriculture, the Federal Aviation Administration, the Federal Energy Regulation Commission, and the Department of Energy to assess the need for transfers of administrative control of certain parcels of airspace and land to the Department of Defense to protect the missions and control of the ranges.

(3)

Continuation of range infrastructure improvements

The Secretary of the Air Force may proceed with all ongoing and scheduled range infrastructure improvements while conducting the study required under paragraph (1).

(b)

Reports

(1)

In general

The Secretary of the Air Force shall submit to the congressional defense committees an interim report and a final report on the plan to meet the requirements under subsection (a) not later than one year and two years, respectively, after the date of the enactment of this Act.

(2)

Content

The plan submitted under paragraph (1) shall—

(A)

document the current condition and adequacy of the major Air Force test and training range infrastructure in the United States to meet test and training requirements;

(B)

identify potential areas of concern for maintaining the physical safety, security, and current operating environment of such infrastructure;

(C)

identify potential issues and threats related to the sustainability of the test and training infrastructure, including electromagnetic spectrum encroachment, overall bandwidth availability, and protection of classified information;

(D)

assess coordination among ranges and local, state, regional, and Federal entities involved in land use planning, and develop recommendations on how to improve communication and coordination of such entities;

(E)

propose remedies and actions to manage economic development on private lands on or surrounding the test and training infrastructure to preserve current capabilities;

(F)

identify critical parcels of land not currently under the control of the Air Force for acquisition of deed or restrictive easements in order to protect current operations, access and egress corridors, and range boundaries, or to expand the capability of the air test and training ranges;

(G)

identify which parcels identified pursuant to subparagraph (F) could, through the acquisition of conservation easements, serve military interests while also preserving recreational access to public and private lands, protecting wildlife habitat, or preserving opportunities for energy development and energy transmission;

(H)

prioritize improvements and modernization of the facilities, equipment, and technology supporting the infrastructure in order to provide a test and training environment that accurately simulates and or portrays the full spectrum of threats and targets of likely United States adversaries in 2025;

(I)

incorporate emerging requirements generated by requirements for virtual training and new weapon systems, including the F–22, the F–35, space and cyber systems, and Remotely Piloted Aircraft;

(J)

assess the value of State and local legislative initiatives to protect Air Force test and training range infrastructure;

(K)

identify parcels with no value to future military operations;

(L)

propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade the test and training range infrastructure, taking into consideration the criteria set forth in this paragraph; and

(M)

explore opportunities to increase foreign military training with United States allies at test and training ranges in the continental United States.

(3)

Form

Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex as necessary.

(4)

Rule of construction

The reports submitted under this section shall not be construed as meeting the requirements of section 2815(d) of the Military Construction Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 852).

332.

Study on training range infrastructure for special operations forces

(a)

Study

(1)

In general

The Commander of the United States Special Operations Command shall conduct a study on the ability of existing training ranges used by special operations forces, including military operating area airspace and special use airspace, to support the full spectrum of missions and operations assigned to special operations forces.

(2)

Consultation

The Commander shall, in conducting the study required under paragraph (1), consult with the Secretaries of the military departments, the Office of the Secretary of Defense, and the Joint Staff on—

(A)

procedures and priorities for joint use and training on ranges operated by the military services, and to assess the requirements needed to support combined arms training on the ranges; and

(B)

requirements and proposed investments to meet special operations training requirements through 2025.

(b)

Reports

(1)

In general

Not later than one year after the date of the enactment of this Act, the Commander shall submit to the congressional defense committees a report on the plan to meet the requirements under subsection (a).

(2)

Content

The study submitted under paragraph (1) shall—

(A)

assess the current condition and adequacy of, and access to, all existing training ranges in the United States used by special operations forces;

(B)

identify potential areas of concern for maintaining the physical safety, security, and current operating environment of ranges used by special operations forces;

(C)

identify issues and challenges related to the availability and sustainability of the existing training ranges used by special operations forces, including support of a full spectrum of operations and protection of classified missions and tactics;

(D)

assess coordination among ranges and local, State, regional, and Federal entities involved in land use planning and the protection of ranges from encroachment;

(E)

propose remedies and actions to ensure consistent and prioritized access to existing ranges;

(F)

prioritize improvements and modernization of the facilities, equipment, and technology supporting the ranges in order to adequately simulate the full spectrum of threats and contingencies for special operations forces; and

(G)

propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade training range infrastructure.

(3)

Form

Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex as necessary.

333.

Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments and report to the congressional defense committees on the advisability of establishing service life extension programs for such classes of vehicles.

334.

Modified deadline for annual report on budget shortfalls for implementation of operational energy strategy

Section 138c(e)(4) of title 10, United States Code, as transferred and redesignated by section 901(b)(7) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4320), is amended—

(1)

by striking 10 days after the date on which the budget for a fiscal year is submitted pursuant to section 1105 of title 31 and inserting March 31 each year, beginning March 31, 2012; and

(2)

by striking for that fiscal year and inserting for the fiscal year beginning in that calendar year.

E

Other Matters

341.

Extension of authority for Army industrial facilities to enter into cooperative agreements with non-Army entities

(a)

Extension of authority

Section 4544 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking enter into not more than eight contracts or cooperative agreements and all that follows through the period at the end and inserting enter into not more than 15 contracts or cooperative agreements in any fiscal year.; and

(2)

in subsection (k), by striking September 30, 2014 and inserting September 30, 2025.

(b)

Approval authority

Subsection (f) of such section is amended by striking exercised at the level of the commander of the major subordinate command and all that follows through The commander may approve and inserting exercised at the level of the Commander of Army Materiel Command. The Commander may approve.

342.

Working-capital fund accounting

Section 2208(k) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

All capital assets financed by a working-capital fund and subject to paragraph (2) shall be capitalized and depreciated for budgeting, rate setting, and financial accounting purposes. Procurements not subject to paragraph (2) shall be immediately expensed and shall not be capitalized or depreciated in financial accounting records or reported on financial statements as an asset.

.

343.

Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired cartridge cases

Section 346 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4191; 10 U.S.C. 2576 note) is amended to read as follows:

346.

Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired cartridge cases

(a)

Commercial sale of small arms ammunition, small ammunition components, and fired cartridge cases

Small arms ammunition and small ammunition components which are in excess of military requirements, and intact fired small arms cartridge cases shall be made available for commercial sale. Such small arms ammunition, small arms ammunition components, and intact fired cartridge cases shall not be demilitarized, destroyed, or disposed of, unless in excess of commercial demands or certified by the Secretary of Defense as unserviceable or unsafe. This provision shall not apply to ammunition, ammunition components, or fired cartridge cases stored or expended outside the continental United States (OCONUS).

(b)

Deadline for guidance

Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, the Secretary of Defense shall issue guidance to ensure compliance with subsection (a). Not later than 15 days after issuing such guidance, the Secretary shall submit to the congressional defense committees a letter of compliance providing notice of such guidance.

(c)

Preference

No small arms ammunition or small arms ammunition components in excess of military requirements, or fired small arms cartridge cases may be made available for commercial sale under this section before such ammunition and ammunition components are offered for transfer or purchase, as authorized by law, to another Federal department or agency or for sale to State and local law enforcement, firefighting, homeland security, and emergency management agencies pursuant to section 2576 of title 10, United States Code, as amended by this Act.

(d)

Sales controls

All small arms ammunition and small arms ammunition components, and fired small arms cartridge cases made available for commercial sale under this section shall be subject to all explosives safety and trade security controls in effect at the time of sale.

(e)

Definitions

In this section:

(1)

Small arms ammunition

The term small arms ammunition means ammunition or ordnance for firearms up to and including .50 caliber and for shotguns.

(2)

Small arms ammunition components

The term small arms ammunition components means components, parts, accessories, and attachments associated with small arms ammunition.

(3)

Fired cartridge cases

The term fired cartridge cases means expended small arms cartridge cases (ESACC).

.

344.

Authority to accept contributions of funds to study options for mitigating adverse effects of proposed obstructions on military installations

Section 358(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4201; 10 U.S.C. 44718 note) is amended by amending the second sentence to read as follows: Amounts so accepted shall be and will remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such project on military operations and readiness and the cost of studying options for mitigating such adverse impacts..

345.

Utility disruptions to military installations

(a)

Policy

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop guidance for commanders of military installations inside the United States on planning measures to minimize the effects in the event of a disruption of services by a utility that sells natural gas, water, or electric energy to a military installation in the United States.

(b)

Installation plans

The guidance developed pursuant to subsection (a) shall require that, subject to such exceptions as the Secretary may determine to be appropriate, commanders of military installations inside the United States develop appropriate action plans to minimize the effects of events described in subsection (a).

(c)

Comptroller General report

Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall review the actions taken pursuant to this section and submit to Congress a report on the guidance developed pursuant to subsection (a), the plans developed pursuant to subsection (b), and any additional measures that may be needed to minimize the effects of an unplanned disruption of services by utilities as described in subsection (a).

346.

Eligibility of active and reserve members, retirees, gray area retirees, and dependents for space-available travel on military aircraft

(a)

In general

Chapter 157 of title 10, United States Code, is amended by inserting after section 2641b the following new section:

2641c.

Space-available travel on department of defense aircraft: eligibility

(a)

Authority To establish benefit program

The Secretary of Defense may establish a program to provide transportation on Department of Defense aircraft on a space-available basis. The program shall be conducted in a budget neutral manner.

(b)

Benefit

If the Secretary establishes such a program, the Secretary shall, subject to section (c), provide the benefit equally to the following individuals:

(1)

Active duty members and members of the Selected Reserve holding a valid Uniformed Services Identification and Privilege Card.

(2)

A retired member of an active or reserve component, including retired members of reserve components, who, but for being under the eligibility age applicable to the member under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title.

(3)

An unremarried widow or widower of an active or reserve component member of the armed forces.

(4)

A dependent that—

(A)
(i)

is the child of an active or reserve component member or former member described in paragraph (1) or (2); or

(ii)

is the child of a deceased member entitled to retired pay holding a valid Uniformed Services Identification and Privilege Card and a surviving unremarried spouse; and

(B)

is accompanying the member or, in the case of a deceased member, is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member.

(5)

The surviving dependent of a deceased member or former member described in paragraph (2) holding a valid Uniformed Services Identification and Privilege Card, if the dependent is accompanying the member or, in the case of a deceased member, is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member.

(6)

Other such individuals as determined by the Secretary in the Secretary's discretion.

(c)

Discretion To establish priority order

The Secretary, in establishing a program under this section, may establish an order of priority that is based on considerations of military needs and military readiness.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641b the following new item:

2641c. Space-available travel on Department of Defense aircraft: eligibility.

.

(c)

Requirement for comptroller general review

(1)

In general

The Comptroller General of the United States shall conduct a review of the Department of Defense system for space-available travel. The review shall determine the capacity of the system presently and as projected in the future and shall examine the efficiency and usage of space-available travel.

(2)

Elements

The review required under paragraph (1) shall include the following elements:

(A)

A discussion of the efficiency of the system and data regarding usage of available space by category of passengers under existing regulations.

(B)

Estimates of the effect on availability based on future projections.

(C)

A discussion of the logistical and managements problems, including congestion at terminals, waiting times, lodging availability, and personal hardships currently experienced by travelers.

(D)

An evaluation of the cost of the system and whether space-available travel is and can remain cost-neutral.

(E)

Other factors relating to the efficiency and cost effectiveness of space available travel.

IV

Military Personnel Authorizations

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2012, as follows:

(1)

The Army, 562,000.

(2)

The Navy, 325,700.

(3)

The Marine Corps, 202,100.

(4)

The Air Force, 332,800.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2012, as follows:

(1)

The Army National Guard of the United States, 358,200.

(2)

The Army Reserve, 205,000.

(3)

The Navy Reserve, 66,200.

(4)

The Marine Corps Reserve, 39,600.

(5)

The Air National Guard of the United States, 106,700.

(6)

The Air Force Reserve, 71,400.

(7)

The Coast Guard Reserve, 10,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for Reserves on active duty in support of the Reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2012, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 32,060.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 10,688.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,584.

(6)

The Air Force Reserve, 2,992.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2012 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army Reserve, 8,395.

(2)

For the Army National Guard of the United States, 27,210.

(3)

For the Air Force Reserve, 10,720.

(4)

For the Air National Guard of the United States, 22,394.

414.

Fiscal year 2012 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2012, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2012, may not exceed 595.

(3)

Air force reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2012, may not exceed 90.

(b)

Non-dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

415.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2012, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

There is hereby authorized to be appropriated for military personnel for fiscal year 2012 a total of $142,347,648,000.

(b)

Construction of authorization

The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2012.

V

Military Personnel Policy

A

Officer Personnel Policy Generally

501.

Increase in authorized strengths for Marine Corps officers on active duty

Section 523(a)(1) of title 10, United States Code, is amended by striking those parts of the table pertaining to the Marine Corps and inserting the following:

Marine Corps:
 10,0002,8021,615633
 12,5003,2471,768658
 15,0003,6911,922684
 17,5004,1352,076710
 20,0004,5792,230736
 22,5005,0242,383762
 25,0005,4682,537787

.

502.

Voluntary retirement incentive

(a)

In general

Chapter 36 of title 10, United States Code, is amended by inserting after section 638a the following new section:

638b.

Voluntary retirement incentive

(a)

Incentive for voluntary retirement for certain officers

The Secretary of Defense may authorize the Secretary of a military department to provide a voluntary retirement incentive payment in accordance with this section to an officer of the armed forces under that Secretary’s jurisdiction who is specified in subsection (b) as being eligible for such a payment. Any such authority provided the Secretary of a military department under the preceding sentence shall expire as specified by the Secretary of Defense, but not later than December 31, 2018.

(b)

Eligible officers

(1)

Except as provided in paragraph (2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer—

(A)

has served on active duty for more than 20 years, but not more than 29 years, on the approved date of retirement;

(B)

meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section 3911, 6323, or 8911 of this title, as applicable to that officer;

(C)

on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement years of active service for the member’s grade as specified in section 633 or 634 of this title;

(D)

on the approved date of retirement, has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law; and

(E)

meets any additional requirements for such eligibility as is specified by the Secretary concerned, including any requirement relating to years of service, skill rating, military specialty or competitive category, grade, any remaining period of obligated service, or any combination thereof.

(2)

The following officers are not eligible for a voluntary retirement incentive payment under this section:

(A)

An officer being evaluated for disability under chapter 61 of this title.

(B)

An officer projected to be retired under section 1201 or 1204 of this title.

(C)

An officer projected to be discharged with disability severance pay under section 1212 of this title.

(D)

A member transferred to the temporary disability retired list under section 1202 or 1205 of this title.

(E)

An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.

(c)

Amount of payment

The amount of the voluntary retirement incentive payment paid an officer under this section shall be an amount determined by the Secretary concerned, but not to exceed an amount equal to 12 times the amount of the officer’s monthly basic pay at the time of the officer’s retirement. The amount may be paid in a lump sum at the time of retirement.

(d)

Repayment for members who return to active duty

(1)

Except as provided in paragraph (2), a member of the armed forces who, after having received all or part of a voluntary retirement incentive under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary retirement incentive received.

(2)

Members who are involuntarily recalled to active duty or full-time National Guard duty under any provision of law shall not be subject to this subsection.

(3)

The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interest of the United States. The authority in this paragraph may be delegated only to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense of Personnel and Readiness.

.

(b)

Clerical amendment

The table of sections at the beginning of subchapter IV of chapter 36 of such title is amended by inserting after the item relating to section 638a the following new item:

638b. Voluntary retirement incentive.

.

503.

National Defense University outplacement waiver

(a)

Waiver authority for officers not designated as joint qualified officers

Subsection (b) of section 663 of title 10, United States Code, is amended—

(1)

in paragraph (1), by inserting after to a joint duty assignment the following: “(or, as authorized by the Secretary in an individual case, to a joint assignment other than a joint duty assignment)”; and

(2)

in paragraph (2)—

(A)

by striking the joint duty assignment and inserting the assignment; and

(B)

by striking a joint duty assignment and inserting such an assignment.

(b)

Exception

Such section is further amended by adding at the end the following new subsection:

(d)

Exception for officers graduating from other-than-in-residence programs

(1)

Subsection (a) does not apply to an officer graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.

(2)

Subsection (b) does not apply with respect to any group of officers graduating from a school within the National Defense University specified in subsection (c) following pursuit of a program on an other-than-in-residence basis.

.

504.

Modification of definition of joint duty assignment to include all instructor assignments for joint training and education

Section 668(b)(1)(B) of title 10, United States Code, is amended by striking assignments for joint and all that follows through Phase II and inserting student assignments for joint training and education.

B

Reserve Component Management

511.

Authority for order to active duty of members of the Selected Reserve and certain members of the Individual Ready Reserve for preplanned missions

(a)

Authority

(1)

In general

Chapter 1209 of title 10, United States Code, is amended by inserting after section 12304 the following new section:

12304a.

Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions

(a)

Authority

When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission, the Secretary may, subject to subsection (b), order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve (as defined in section 10143(a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary, under the jurisdiction of the Secretary, without the consent of the members, to active duty for not more than 365 consecutive days.

(b)

Limitations

(1)

Units or members may be ordered to active duty under this section only if—

(A)

the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units or members are anticipated to be ordered to active duty; and

(B)

the budget information on such costs includes a description of the mission for which such units or members are anticipated to be ordered to active duty and the anticipated length of time of the order of such units or members to active duty on an involuntary basis.

(2)

Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time.

(c)

Exclusion from strength limitations

Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or total number of members in grade under this title or any other law.

(d)

Notice to Congress

Whenever the Secretary of a military department orders any unit or member of the Selected Reserve or Individual Ready Reserve to active duty under subsection (a), such Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of such units or members.

(e)

Termination of duty

Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under subsection (a), the service of all units or members so ordered to active duty may be terminated by—

(1)

order of the Secretary of the military department concerned, or

(2)

law.

(f)

Relationship to War Powers Resolution

Nothing contained in this section shall be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(g)

Considerations for involuntary order to active duty

In determining which members of the Selected Reserve and the Individual Ready Reserve will be ordered to duty without their consent under this section, appropriate consideration shall be given to—

(1)

the length and nature of previous service, to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow;

(2)

the frequency of assignments during service career;

(3)

family responsibilities; and

(4)

employment necessary to maintain the national health, safety, or interest.

(h)

Policies and procedures

The Secretaries of the military departments shall prescribe policies and procedures to carry out this section, including on determinations of orders to active duty under subsection (g). Such policies and procedures shall not go into effect until approved by the Secretary of Defense.

(i)

Definitions

In this section:

(1)

The term defense budget materials has the meaning given that term in section 231(d)(2) of this title.

(2)

The term Individual Ready Reserve mobilization category means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 1209 of such title is amended by inserting after the item relating to section 12304 the following new item:

12304a. Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions.

.

(b)

Clarifying amendments relating to authority To order active duty other than during war or national emergency

Section 12304(a) of such title is amended—

(1)

by inserting named before operational mission; and

(2)

by striking 365 days and inserting 365 consecutive days.

512.

Modification of eligibility for consideration for promotion for certain reserve officers employed as military technicians (dual status)

Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:

(i)

Certain reserve officers

A reserve officer who is employed as military technician (dual status) under section 10216 of this title, and who has been retained beyond the mandatory removal date for years of service under section 10216(f) or 14702(a)(2) of this title, is not eligible for consideration for promotion by a mandatory promotion board convened under section 14101(a) of this title.

.

513.

Modification of time in which preseparation counseling must be provided to reserve component members being demobilized

Section 1142(a)(3)(B) of title 10, United States Code, is amended by inserting or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 90-day requirement under subparagraph (A) unfeasible, after or separation date,.

514.

Report on termination of military technician as a distinct personnel management category

(a)

Independent study required

The Secretary of Defense shall conduct an independent study of the feasibility and advisability of terminating the military technician as a distinct personnel management category of the Department of Defense.

(b)

Elements

In conducting the study required by subsection (a), the Secretary shall—

(1)

identify various options for deploying units of the Selected Reserve of the Ready Reserve that otherwise use military technicians through use of a combination of active duty personnel, reserve component personnel, State civilian employees, and Federal civilian employees in a manner that meets mission requirements without harming unit readiness;

(2)

identify various means for the management by the Department of the transition of military technicians to a system that relies on traditional personnel categories of active duty personnel, reserve component personnel, and civilian personnel, and for the management of any effects of that transition on the pay and benefits of current military technicians (including means for mitigating or avoiding such effects in the course of such transition);

(3)

determine whether military technicians who are employed at the commencement of the transition described in paragraph (2) should remain as technicians, whether with or without a military status, until separation or retirement, rather than transitioned to such a traditional personnel category;

(4)

identify and take into account the unique needs of the National Guard in the management and use of military technicians;

(5)

determine potential cost savings, if any, to be achieved as a result of the transition described in paragraph (2), including savings in long-term mandatory entitlement costs associated with military and civil service retirement obligations;

(6)

develop a recommendation on the feasibility and advisability of terminating the military technician as a distinct personnel management category, and, if the termination is determined to be feasible and advisable, develop recommendations for appropriate legislative and administrative action to implement the termination;

(7)

address any other matter relating to the management and long-term viability of the military technician as a distinct personnel management category that the Secretary shall specify for purposes of the study; and

(8)

ensure the involvement and input of military technicians (dual status).

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). The report shall set forth the results of the study, including the matters specified in subsection (b), and include such comments and recommendations on the results of the study as the Secretary considers appropriate.

515.

Authority to order army reserve, navy reserve, marine corps reserve, and air force reserve to active duty to provide assistance in response to a major disaster or emergency

(a)

Authority

(1)

In general

Chapter 1209 of title 10, United States Code, as amended by section 511(a)(1), is further amended by inserting after section 12304a the following new section:

12304b.

Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency

(a)

Authority

When a Governor requests Federal assistance in responding to a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty for a continuous period of not more than 120 days to respond to the Governor’s request.

(b)

Exclusion from strength limitations

Members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or any other law.

(c)

Termination of duty

Whenever any unit or member of the reserve components is ordered to active duty under this section, the service of all units or members so ordered to active duty may be terminated by order of the Secretary of Defense or law.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter, as amended by section 511(a)(2), is further amended by inserting after the item relating to section 12304a the following new item:

12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency.

.

(b)

Treatment of operations as contingency operations

Section 101(a)(13)(B) of such title is amended by inserting 12304b, after 12304,.

(c)

Usual and customary arrangement

(1)

Dual-status commander

When the Armed Forces and the National Guard are employed simultaneously in support of civil authorities in the United States, appointment of a commissioned officer as a dual-status commander serving on active duty and duty in, or with, the National Guard of a State under sections 315 or 325 of title 32, United States Code, as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities, should be the usual and customary command and control arrangement, including for missions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain of command for the Armed Forces shall remain in accordance with sections 162(b) and 164(c) of title 10, United States Code.

(2)

State authorities supported

When a major disaster or emergency occurs in any area subject to the laws of any State, Territory, or the District of Columbia, the Governor of the State affected normally should be the principal civil authority supported by the primary Federal agency and its supporting Federal entities, and the Adjutant General of the State or his or her subordinate designee normally should be the principal military authority supported by the dual-status commander when acting in his or her State capacity.

(3)

Rule of construction

Nothing in paragraphs (1) or (2) shall be construed to preclude or limit, in any way, the authorities of the President, the Secretary of Defense, or the Governor of any State to direct, control, and prescribe command and control arrangements for forces under their command.

C

General Service Authorities

521.

Repeal of mandatory high-deployment allowance

(a)

Repeal

Section 436 of title 37, United States Code, is repealed.

(b)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 436.

522.

Prohibition on denial of reenlistment of members for unsuitability based on the same medical condition for which they were determined to be fit for duty

(a)

Prohibition

Subsection (a) of section 1214a of title 10, United States Code, is amended by inserting , or deny reenlistment of the member, after a member described in subsection (b).

(b)

Conforming amendment

Subsection (c)(3) of such section is amended by inserting or denial of reenlistment after to warrant administrative separation.

(c)

Clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

1214a.

Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation

.

(2)

Table of sections

The table of sections at the beginning of chapter 61 of such title is amended by striking the item relating to section 1214a and inserting the following new item:

1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation.

.

523.

Expansion of regular enlisted members covered by early discharge authority

Section 1171 of title 10, United States Code, is amended by striking within three months and inserting within one year.

524.

Extension of voluntary separation pay and benefits

Section 1175a(k)(1) of title 10, United States Code, is amended by striking December 31, 2012 and inserting December 31, 2018.

525.

Employment skills training for members of the Armed Forces on active duty who are transitioning to civilian life

Section 1143 of title 10, United States Code, is amended by adding at the end the following new subsection:

(e)

Employment skills training

(1)

The Secretary of a military department may carry out one or more programs to provide eligible members of the armed forces under the jurisdiction of the Secretary with job training and employment skills training to help prepare such members for employment in the civilian sector.

(2)

A member of the armed forces is an eligible member for purposes of a program under this subsection if the member—

(A)

has completed at least 180 days on active duty in the armed forces; and

(B)

is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program.

(3)

Any program under this subsection shall be carried out in accordance with regulations prescribed by the Secretary of Defense.

.

526.

Policy on military recruitment and enlistment of graduates of secondary schools

(a)

Equal treatment for secondary school graduates

(1)

Equal treatment

For the purposes of recruitment and enlistment in the Armed Forces, the Secretary of a military department shall treat a graduate described in paragraph (2) in the same manner as a graduate of a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).

(2)

Covered graduates

Paragraph (1) applies with respect to a person who—

(A)

receives a diploma from a secondary school that is legally operating; or

(B)

otherwise completes a program of secondary education in compliance with the education laws of the State in which the person resides.

(b)

Policy on recruitment and enlistment

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy on recruitment and enlistment that incorporates the following:

(1)

Means for identifying persons described in subsection (a)(2) who are qualified for recruitment and enlistment in the Armed Forces, which may include the use of a noncognitive aptitude test, adaptive personality assessment, or other operational attrition screening tool to predict performance, behaviors, and attitudes of potential recruits that influence attrition and the ability to adapt to a regimented life in the Armed Forces.

(2)

Means for assessing how qualified persons fulfill their enlistment obligation.

(3)

Means for maintaining data, by each diploma source, which can be used to analyze attrition rates among qualified persons.

(c)

Recruitment plan

As part of the policy required by subsection (b), the Secretary of each of the military departments shall develop a recruitment plan that includes a marketing strategy for targeting various segments of potential recruits with all types of secondary education credentials.

(d)

Communication plan

The Secretary of each of the military departments shall develop a communication plan to ensure that the policy and recruitment plan are understood by military recruiters.

527.

Freedom of conscience of military chaplains with respect to the performance of marriages

A military chaplain who, as a matter of conscience or moral principle, does not wish to perform a marriage may not be required to do so.

D

Education and Training

541.

Enhancement of authorities on joint professional military education

(a)

Authority To credit military graduates of the National Defense Intelligence College with completion of joint professional military education Phase I

(1)

Joint professional military education Phase I

Section 2154(a)(1) of title 10, United States Code, is amended by inserting or at a joint intermediate level school before the period at the end.

(2)

Joint intermediate level school defined

Section 2151(b) of such title is amended by adding at the end the following new paragraph:

(3)

The term joint intermediate level school includes the National Defense Intelligence College.

.

(b)

Authority for other-than-in residence program taught through Joint Forces Staff College

(1)

In general

Section 2154(a)(2) of such title is amended—

(A)

in the matter preceding subparagraph (A), by striking “in residence at”;

(B)

in subparagraph (A), by inserting by after (A); and

(C)

in subparagraph (B), by inserting in residence at after (B).

(2)

Conforming amendment

Section 2156(b) of such title is amended by inserting in residence after course of instruction offered.

542.

Grade of commissioned officers in uniformed medical accession programs

(a)

Medical students of USUHS

Section 2114(b) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking the second sentence and inserting the following new sentences: Each medical student shall be appointed as a regular officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the regular grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades.; and

(2)

in paragraph (2), by striking grade of second lieutenant or ensign and inserting grade in which the member is serving under paragraph (1).

(b)

Participants in health professions scholarship and financial assistance program

Section 2121(c) of such title is amended—

(1)

in paragraph (1), by striking the second sentence and inserting the following new sentences: Each person so commissioned shall be appointed as a reserve officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the reserve grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades for a period of 45 days during each year of participation in the program.; and

(2)

in paragraph (2), by striking grade of second lieutenant or ensign and inserting grade in which the member is serving under paragraph (1).

(c)

Officers detailed as students at medical schools

Subsection (e) of section 2004a of such title is amended—

(1)

in the subsection heading, by striking Appointment and treatment of prior active service and inserting Service on active duty; and

(2)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)

A commissioned officer detailed under subsection (a) shall serve on active duty, subject to the limitations on grade specified in section 2114(b)(1) of this title and with the entitlement to basic pay as specified in section 2114(b)(2) of this title.

.

543.

Reserve component mental health student stipend

(a)

Reserve component mental health student stipend

Section 16201 of title 10, United States Code, is amended—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

by inserting after subsection (e) the following new subsection (f):

(f)

Mental health professionals in critical wartime specialties

(1)

Under the stipend program under this chapter, the Secretary of the military department concerned may enter into an agreement with a person who—

(A)

is eligible to be appointed as an officer in a reserve component;

(B)

is enrolled or has been accepted for enrollment in an institution in a course of study that results in a degree in clinical psychology or social work;

(C)

signs an agreement that, unless sooner separated, the person will—

(i)

complete the educational phase of the program;

(ii)

accept a reappointment or redesignation within the person’s reserve component, if tendered, based upon the person’s health profession, following satisfactory completion of the educational and intern programs; and

(iii)

participate in a residency program if required for clinical licensure; and

(D)

if required by regulations prescribed by the Secretary of Defense, agrees to apply for, if eligible, and accept, if offered, residency training in a health profession skill that has been designated by the Secretary as a critically needed wartime skill.

(2)

Under the agreement—

(A)

the Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in clinical psychology or social work while enrolled in a school accredited in the designated mental health discipline;

(B)

the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as an officer for service in the Ready Reserve;

(C)

the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and

(D)

the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement.

.

(b)

Conforming amendments

Such section is further amended—

(1)

in subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A), by striking subsection (f) and inserting subsection (g); and

(2)

in subsection (g), as redesignated by subsection (a)(1) of this section, by striking subsection (b) or (c) and inserting subsection (b), (c), or (f).

544.

Enrollment of certain seriously wounded, ill, or injured former or retired enlisted members of the Armed Forces in associate degree programs of the Community College of the Air Force in order to complete degree program

(a)

In general

Section 9315 of title 10, United States Code, is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Seriously wounded, ill, or injured former and retired enlisted members

(1)

The Secretary of the Air Force may authorize participation in a program of higher education under subsection (a)(1) by a person who is a former or retired enlisted member of the armed forces who at the time of the person’s separation from active duty—

(A)

had commenced but had not completed a program of higher education under subsection (a)(1); and

(B)

is categorized by the Secretary concerned as seriously wounded, ill, or injured.

(2)

A person may not be authorized under paragraph (1) to participate in a program of higher education after the end of the 10-year period beginning on the date of the person’s separation from active duty.

.

(b)

Conforming amendments

Subsection (d) of such section, as redesignated by subsection (a)(1), is amended by striking enlisted member both places it appears and inserting person.

(c)

Effective date

Subsection (c) of section 9315 of title 10, United States Code (as added by subsection (a)(2)), shall apply to persons covered by paragraph (1) of such subsection who are categorized by the Secretary concerned as seriously wounded, ill, or injured after September 11, 2001. With respect to any such person who is separated from active duty during the period beginning on September 12, 2001, and ending on the date of the enactment of this Act, the 10-year period specified in paragraph (2) of such subsection shall be deemed to commence on the date of the enactment of this Act.

545.

Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC

(a)

Consolidation

Chapter 152 of title 10, United States Code, is amended by inserting after section 2552 the following new section:

2552a.

Arms, tentage, and equipment: educational institutions not maintaining units of Junior R.O.T.C.

The Secretary of a military department may issue arms, tentage, and equipment to an educational institution at which no unit of the Junior Reserve Officers’ Training Corps is maintained if the educational institution—

(1)

offers a course in military training prescribed by that Secretary; and

(2)

has a student body of at least 100 physically fit students over 14 years of age.

.

(b)

Conforming repeals

Sections 4651, 7911, and 9651 of such title are repealed.

(c)

Clerical amendments

(1)

The table of sections at the beginning of chapter 152 of such title is amended by inserting after the item relating to section 2552 the following new item:

2552a. Arms, tentage, and equipment: educational institutions not maintaining units of Junior R.O.T.C.

.

(2)

The table of sections at the beginning of chapter 441 of such title is amended by striking the item relating to section 4651.

(3)

The table of sections at the beginning of chapter 667 of such title is amended by striking the item relating to section 7911.

(4)

The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9651.

546.

Temporary authority to waive maximum age limitation on admission to the military service academies

(a)

Waiver for certain enlisted members

The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10, United States Code, for the admission of an enlisted member of the Armed Forces to the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy if the member—

(1)

satisfies the eligibility requirements for admission to that academy (other than the maximum age limitation); and

(2)

was or is prevented from being admitted to a military service academy before the member reached the maximum age specified in such sections as a result of service on active duty in a theater of operations for Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn.

(b)

Maximum age for receipt of waiver

A waiver may not be granted under this section if the candidate would pass the candidate’s twenty-sixth birthday by July 1 of the year in which the candidate would enter the military service academy pursuant to the waiver.

(c)

Limitation on number admitted using waiver

Not more than five candidates may be admitted to each of the military service academies for an academic year pursuant to a waiver granted under this section.

(d)

Record keeping requirement

The Secretary of each military department shall maintain records on the number of graduates of the military service academy under the jurisdiction of the Secretary who are admitted pursuant to a waiver granted under this section and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation. The Secretary shall compare their retention rate to the retention rate of graduates of that academy generally.

(e)

Reports

Not later than April 1, 2016, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying—

(1)

the number of applications for waivers received by the Secretary under this section;

(2)

the number of waivers granted by the Secretary under this section;

(3)

the number of candidates actually admitted to the military service academy under the jurisdiction of the Secretary pursuant to a waiver granted by the Secretary under this section; and

(4)

beginning with the class of 2009, the number of graduates of the military service academy under the jurisdiction of the Secretary who, before admission to that academy, were enlisted members of the Armed Forces and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation.

(f)

Duration of waiver authority

The authority to grant a waiver under this section expires on September 30, 2016.

547.

Pilot program on receipt of civilian credentialing for skills required for military occupational specialties

(a)

Pilot program required

Commencing not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of permitting enlisted members of the Armed Forces to obtain civilian credentialing or licensing for skills required for military occupational specialties (MOS) or qualification for duty specialty codes.

(b)

Elements

In carrying out the pilot program, the Secretary shall—

(1)

designate not less than three or more than five military occupational specialities or duty speciality codes for coverage under the pilot program; and

(2)

permit enlisted members of the Armed Forces to obtain the credentials or licenses required for the specialities or codes so designated through civilian credentialing or licensing entities, institutions, or bodies selected by the Secretary for purposes of the pilot program, whether concurrently with military training, at the completion of military training, or both.

(c)

Report

Not later than one year after commencement of the pilot program, the Secretary shall submit to Congress a report on the pilot program. The report shall set forth the following:

(1)

The number of enlisted members who participated in the pilot program.

(2)

A description of the costs incurred by the Department of Defense in connection with the receipt by members of credentialing or licensing under the pilot program.

(3)

A comparison the cost associated with receipt by members of credentialing or licensing under the pilot program with the cost of receipt of similar credentialing or licensing by recently-discharged veterans of the Armed Forces under programs currently operated by the Department of Veterans Affairs and the Department of Labor.

(4)

The recommendation of the Secretary as to the feasibility and advisability of expanding the pilot program to additional military occupational specialties or duty specialty codes, and, if such expansion is considered feasible and advisable, a list of the military occupational specialties and duty specialty codes recommended for inclusion the expansion.

E

Military Justice and Legal Matters Generally

551.

Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice

(a)

Rape and sexual assault generally

Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended as follows:

(1)

Revised offense of rape

Subsection (a) is amended to read as follows:

(a)

Rape

Any person subject to this chapter who commits a sexual act upon another person by—

(1)

using unlawful force against that other person;

(2)

using force causing or likely to cause death or grievous bodily harm to any person;

(3)

threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;

(4)

first rendering that other person unconscious; or

(5)

administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

is guilty of rape and shall be punished as a court-martial may direct.

.

(2)

Repeal of provisions relating to offenses replaced by new article 120b

Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

(3)

Revised offense of sexual assault

Subsection (c) is redesignated as subsection (b) and is amended to read as follows:

(b)

Sexual assault

Any person subject to this chapter who—

(1)

commits a sexual act upon another person by—

(A)

threatening or placing that other person in fear;

(B)

causing bodily harm to that other person;

(C)

making a fraudulent representation that the sexual act serves a professional purpose; or

(D)

inducing a belief by any artifice, pretense, or concealment that the person is another person;

(2)

commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or

(3)

commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—

(A)

impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or

(B)

a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;

is guilty of sexual assault and shall be punished as a court-martial may direct.

.

(4)

Aggravated sexual contact

Subsection (e) is redesignated as subsection (c) and is amended—

(A)

by striking engages in and inserting commits; and

(B)

by striking with and inserting upon.

(5)

Abusive sexual contact

Subsection (h) is redesignated as subsection (d) and is amended—

(A)

by striking engages in and inserting commits;

(B)

by striking with and inserting upon; and

(C)

by striking subsection (c) (aggravated sexual assault) and inserting subsection (b) (sexual assault).

(6)

Repeal of provisions relating to offenses replaced by new article 120c

Subsections (k), (l), (m), and (n) are repealed.

(7)

Proof of threat

Subsection (p) is redesignated as subsection (e) and is amended—

(A)

by striking the accused made and inserting a person made;

(B)

by striking the accused actually and inserting the person actually; and

(C)

by inserting before the period at the end the following: or had the ability to carry out the threat.

(8)

Defenses

Subsection (q) is redesignated as subsection (f) and is amended to read as follows:

(f)

Defenses

An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.

.

(9)

Provisions relating to affirmative defenses

Subsections (r) and (s) are repealed.

(10)

Definitions

Subsection (t) is redesignated as subsection (g) and is amended—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by inserting or anus or mouth after vulva; and

(ii)

in subparagraph (B)—

(I)

by striking genital opening and inserting vulva or anus or mouth,; and

(II)

by striking a hand or finger and inserting any part of the body;

(B)

by striking paragraph (2) and inserting the following:

(2)

Sexual contact

The term sexual contact means—

(A)

touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or

(B)

any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.

Touching may be accomplished by any part of the body.

.

(C)

by striking paragraph (4) and redesignating paragraph (3) as paragraph (4);

(D)

by redesignating paragraph (8) as paragraph (3), transferring that paragraph so as to appear after paragraph (2), and amending that paragraph by inserting before the period at the end the following: “, including any nonconsensual sexual act or nonconsensual sexual contact”;

(E)

in paragraph (4), as redesignated by subparagraph (C), by striking the last sentence;

(F)

by striking paragraphs (5) and (7);

(G)

by redesignating paragraph (6) as paragraph (7);

(H)

by inserting after paragraph (4), as redesignated by subparagraph (C), the following new paragraphs (5) and (6):

(5)

Force

The term force means—

(A)

the use of a weapon;

(B)

the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or

(C)

inflicting physical harm sufficient to coerce or compel submission by the victim.

(6)

Unlawful force

The term unlawful force means an act of force done without legal justification or excuse.

;

(I)

in paragraph (7), as redesignated by subparagraph (G)—

(i)

by striking under paragraph (3) and all that follows through contact),; and

(ii)

by striking death, grievous bodily harm, or kidnapping and inserting the wrongful action contemplated by the communication or action.;

(J)

by striking paragraphs (9) through (13);

(K)

by redesignating paragraph (14) as paragraph (8) and in that paragraph—

(i)

by inserting (A) before The term;

(ii)

by striking words or overt acts indicating and sexual in the first sentence;

(iii)

by striking accused’s in the third sentence;

(iv)

by inserting or social or sexual before relationship in the fourth sentence;

(v)

by striking sexual before conduct in the fourth sentence;

(vi)

by striking A person cannot consent and all that follows through the period; and

(vii)

by adding at the end the following new subparagraphs:

(B)

A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).

(C)

Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.

; and

(L)

by striking paragraphs (15) and (16).

(11)

Section heading

The heading of such section (article) is amended to read as follows:

920. Art. 120.

Rape and sexual assault generally

.

(b)

Rape and sexual assault of a child

Chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after section 920a (article 120a), as amended by subsection (a), the following new section (article):

920b. Art. 120b.

Rape and sexual assault of a child

(a)

Rape of a child

Any person subject to this chapter who—

(1)

commits a sexual act upon a child who has not attained the age of 12 years; or

(2)

commits a sexual act upon a child who has attained the age of 12 years by—

(A)

using force against any person;

(B)

threatening or placing that child in fear;

(C)

rendering that child unconscious; or

(D)

administering to that child a drug, intoxicant, or other similar substance;

is guilty of rape of a child and shall be punished as a court-martial may direct.
(b)

Sexual assault of a child

Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.

(c)

Sexual abuse of a child

Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.

(d)

Age of child

(1)

Under 12 years

In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.

(2)

Under 16 years

In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.

(e)

Proof of threat

In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.

(f)

Marriage

In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.

(g)

Consent

Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.

(h)

Definitions

In this section:

(1)

Sexual Act and sexual contact

The terms sexual act and sexual contact have the meanings given those terms in section 920(g) of this title (article 120(g)).

(2)

Force

The term force means—

(A)

the use of a weapon;

(B)

the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or

(C)

inflicting physical harm.

In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.
(3)

Threatening or placing that child in fear

The term threatening or placing that child in fear means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action.

(4)

Child

The term child means any person who has not attained the age of 16 years.

(5)

Lewd Act

The term lewd act means—

(A)

any sexual contact with a child;

(B)

intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;

(C)

intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

(D)

any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

.

(c)

Other sexual misconduct

Such chapter (the Uniform Code of Military Justice) is further amended by inserting after section 920b (article 120b), as added by subsection (b), the following new section:

920c. Art. 120c.

Other sexual misconduct

(a)

Indecent viewing, visual recording, or broadcasting

Any person subject to this chapter who, without legal justification or lawful authorization—

(1)

knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;

(2)

knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or

(3)

knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2);

is guilty of an offense under this section and shall be punished as a court-martial may direct.
(b)

Forcible pandering

Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.

(c)

Indecent exposure

Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.

(d)

Definitions

In this section:

(1)

Act of prostitution

The term act of prostitution means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person.

(2)

Private area

The term private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

(3)

Reasonable expectation of privacy

The term under circumstances in which that other person has a reasonable expectation of privacy means—

(A)

circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; or

(B)

circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.

(4)

Broadcast

The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

(5)

Distribute

The term distribute means delivering to the actual or constructive possession of another, including transmission by electronic means.

(6)

Indecent manner

The term indecent manner means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

.

(d)

Repeal of sodomy article

Section 925 of such title (article 125 of the Uniform Code of Military Justice) is repealed.

(e)

Conforming amendments

Chapter 47 of such title (the Uniform Code of Military Justice) is further amended as follows:

(1)

Statute of limitations

Subparagraph (B) of section 843(b)(2) (article 43(b)(2)) is amended—

(A)

in clause (i), by striking section 920 of this title (article 120) and inserting section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c);

(B)

by striking clause (iii); and

(C)

in clause (v)—

(i)

by striking indecent assault;

(ii)

by striking rape, or sodomy, and inserting or rape,; and

(iii)

by striking or liberties with a child.

(2)

Murder

Paragraph (4) of section 918 (article 118) is amended—

(A)

by striking sodomy,; and

(B)

by striking aggravated sexual assault, and all that follows through with a child, and inserting sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child,.

(f)

Clerical amendments

The table of sections at the beginning of subchapter X of such chapter (the Uniform Code of Military Justice) is amended—

(1)

by striking the items relating to sections 920 and 920a (articles 120 and 120a) and inserting the following new items:

920. 120. Rape and sexual assault generally.

920a. 120a. Stalking.

920b. 120b. Rape and sexual assault of a child.

920c. 120c. Other sexual misconduct.

;

and
(2)

by striking the item relating to section 925 (article 125).

(g)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to offenses committed on or after such date.

552.

Authority to compel production of documentary evidence

(a)

Subpoena duces tecum

Section 847 of title 10, United States Code (article 47 of the Uniform Code of Military Justice), is amended—

(1)

in subsection (a)(1), by striking board; and inserting board, or has been duly issued a subpoena duces tecum for an investigation, including an investigation pursuant to section 832(b) of this title (article 32(b)); and; and

(2)

in subsection (c), by striking or board and inserting board, trial counsel, or convening authority.

(b)

Repeal of obsolete provisions relating to fees and mileage payable to witnesses

Such section is further amended—

(1)

in subsection (a)—

(A)

by striking paragraph (2); and

(B)

by redesignating paragraph (3) as paragraph (2); and

(2)

by striking subsection (d).

(c)

Technical amendments

Subsection (a) of such section is further amended by striking subpenaed in paragraphs (1) and (2), as redesignated by subsection (b)(1)(B), and inserting subpoenaed.

(d)

Effective date

The amendments made by subsection (a) shall apply with respect to subpoenas issued after the date of the enactment of this Act.

553.

Procedures for judicial review of certain military personnel decisions

(a)

Prohibited personnel actions

Section 1034 of title 10, United States Code, is amended—

(1)

in subsection (f), by adding at the end the following new paragraph:

(7)

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the member or former member’s record, the member or former member shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.

;

(2)

in subsection (g)—

(A)

by inserting (1) before Upon the completion of all; and

(B)

by adding at the end the following new paragraph:

(2)

A submittal to the Secretary of Defense under paragraph (1) must be made within 90 days of the receipt of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the member or former member’s record, the member or former member shall be provided a concise written statement of the basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.

;

(3)

by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

(4)

by inserting after subsection (g) the following new subsection (h):

(h)

Judicial review

A decision of the Secretary of Defense under subsection (g) or, in a case in which review by the Secretary of Defense under subsection (g) was not sought or in a case arising out of the Coast Guard when the Coast Guard is not operating as a service in the Navy, a decision of the Secretary of a military department or the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.

.

(b)

Correction of military records

Section 1552 of such title is amended—

(1)

by redesignating subsection (g) as subsection (j); and

(2)

by inserting after subsection (f) the following new subsections:

(g)

In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the claimant shall be provided a concise written statement of the factual and legal basis for the decision, together with a statement of the procedure and time for obtaining review of the decision pursuant to section 1560 of this title.

(h)

If an application for correction of military records involves a historically significant military event (as defined by the Secretary concerned), or would, if the application is approved, substantially modify the results of any disciplinary action or promotion decision regarding a general or flag officer which includes in the remedy a promotion by and with the advice and consent of the Senate, the Secretary concerned shall ensure that an advisory opinion is included in the record of the decision that includes a detailed chronology of the events in question and, at a minimum, considers the following information:

(1)

A thorough compilation of the information available in the historical record, including testimony, contemporary written statements, and all available records which formed the basis for the military records in question.

(2)

The testimony or written views of contemporary decision makers, if available, regarding the matters raised in the application for relief regarding the military records in question.

(3)

A summary of the available evidence for and against the position taken by the applicant.

(i)

A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.

.

(c)

Judicial review

(1)

In general

Chapter 79 of such title is amended by adding at the end the following new section:

1560.

Judicial review of decisions

(a)

After a final decision is issued pursuant to section 1552 of this title, or is issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(f) of this title or the Secretary of Defense pursuant to section 1034(g) of this title, any person aggrieved by the decision may obtain judicial review.

(b)

In exercising its authority under this section, the reviewing court shall review the record and may hold unlawful and set aside any decision demonstrated by the petitioner in the record to be—

(1)

arbitrary or capricious;

(2)

not based on substantial evidence;

(3)

a result of material error of fact or material administrative error, but only if the petitioner identified to the correction board how the failure to follow procedures substantially prejudiced the petitioner’s right to relief, and shows to the reviewing court by a preponderance of the evidence that the error was harmful; or

(4)

otherwise contrary to law.

(c)

Upon review under this section, the reviewing court shall affirm, modify, vacate, or reverse the decision, or remand the matter, as appropriate.

(d)

No judicial review may be made under this section unless the petitioner shall first have requested a correction under section 1552 of this title, and the Secretary concerned shall have rendered a final decision denying that correction in whole or in part. In a case in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review by the Secretary of Defense before obtaining judicial review under this section. If the petitioner seeks review by the Secretary of Defense under section 1034(g) of this title, no judicial review may be made until the Secretary of Defense shall have rendered a final decision denying that request in whole or in part.

(e)

In the case of a final decision described in subsection (a) made on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, a petition for judicial review under this section must be filed within three years of the date on which the final decision was actually received by the petitioner.

(f)

Notwithstanding subsections (a), (b), and (c), a reviewing court does not have jurisdiction to entertain any matter or issue raised in a petition of review under this section that is not justiciable.

(g)
(1)

In the case of a cause of action arising after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, no court shall have jurisdiction to entertain any request for correction of records cognizable under section 1552 of this title, except as provided in this section.

(2)

In the case of a cause of action arising after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, except as provided by chapter 153 of title 28 and this chapter, no court shall have jurisdiction over any civil action or claim seeking, in whole or in part, to challenge any decision for which administrative review is available under section 1552 of this title.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 79 of such title is amended by adding at the end the following new item:

1560. Judicial review of decisions.

.

(d)

Effective date

The amendments made by this section shall take effect one year after the date of the enactment of this Act. Such amendments shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department or the Secretary of Homeland Security under section 1034(f) or 1552 of title 10, United States Code, whether rendered before or after the date of the enactment of this Act. During the period between the date of the enactment of this Act and the date on which the amendments made by this section take effect, in any case in which the final decision of the Secretary of Defense under section 1034 of title 10, United States Code, or the Secretary concerned under section 1552 of title 10, United States Code, results in denial, in whole or in part, of any requested correction of a record of a member, former member, or claimant, the individual shall be informed in writing of the time for obtaining review of the decision pursuant to section 1560 of title 10, United States Code, as provided therein.

(e)

Implementation

The Secretaries concerned may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. In the case of the Secretary of a military department, such regulations may not take effect until approved by the Secretary of Defense.

(f)

Construction

This section does not affect the authority of any court to exercise jurisdiction over any case which was properly before it before the effective date specified in subsection (d).

(g)

Secretary concerned defined

In this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

554.

Department of Defense support for programs on pro bono legal representation for members of the Armed Forces

(a)

Support authorized

The Secretary of Defense may provide support to one or more public or private programs designed to facilitate representation by attorneys who provide pro bono legal assistance of members of the Armed Forces who are in need of such representation.

(b)

Financial support

(1)

In general

The support provided a program under subsection (a) may include financial support of the program.

(2)

Limitation on amount

The total amount of financial support provided under subsection (a) in any fiscal year may not exceed $500,000.

(3)

Determination

The Secretary may not provide financial support under subsection (a) unless the Secretary determines that services available at no cost to the Department of Defense or individual members of the Armed Forces that facilitate representation by attorneys who provide pro bono legal assistance to members of the Armed Forces who are in need of such assistance are not available.

(4)

Funding

Amounts for financial support under this section shall be derived from amounts authorized to be appropriated for the Department of Defense for operation and maintenance.

F

Sexual Assault Prevention and Response

561.

Director of the Sexual Assault Prevention and Response Office

Section 1611(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4431; 10 U.S.C. 1561 note) is amended by adding before the period at the end of the first sentence the following: , who shall be appointed from among general or flag officers of the Armed Forces or employees of the Department of Defense in a comparable Senior Executive Service position.

562.

Sexual Assault Response Coordinators and Sexual Assault Victim Advocates

(a)

Guidance required

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement the appropriate recommendations of the Report of the Defense Task Force on Sexual Assault in the Military Services (December 2009). Such guidance shall—

(1)

require the Secretary of each military department to determine (which determination shall be based on the unique mission, military population, and force structure of the applicable Armed Force) the appropriate number of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates to be assigned to deployed and non-deployed military units under the jurisdiction of such Secretary;

(2)

require that each installation or similar organizational level have at least one Sexual Assault Response Coordinator;

(3)

establish, or require the Secretary of each military department to establish, credentialing programs for Sexual Assault Response Coordinators and for Sexual Assault Victim Advocates; and

(4)

ensure that, after October 1, 2013, only members of the Armed Forces on active duty or full-time civilian employees of the Department of Defense who have obtained the appropriate credentials under a program under paragraph (3) may be assigned to duty as a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate.

(b)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit Congress a report on the status of the implementation of the recommendations of the Defense Task Force on Sexual Assault in the Military Services. The report shall set forth the anticipated date of the completion of the implementation by each military department of the guidance issued under subsection (a).

563.

Access of sexual assault victims to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates

(a)

Legal assistance for victims of sexual assault

Not later than 60 days after the date of the enactment of this Act, the Secretaries of the military departments shall prescribe regulations on the provision of legal assistance to victims of sexual assault. Such regulations shall require that legal assistance be provided by military or civilian legal assistance counsel pursuant to section 1044 of title 10, United States Code.

(b)

Assistance and reporting

(1)

In general

Chapter 80 of title 10, United States Code, is amended by inserting after section 1565a the following new section:

1565b.

Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates

(a)

Availability of legal assistance and victim advocate services

(1)

A member of the armed forces who is the victim of a sexual assault may be provided the following:

(A)

Legal assistance provided by military or civilian legal assistance counsel pursuant to section 1044 of this title.

(B)

Assistance provided by a Sexual Assault Response Coordinator.

(C)

Assistance provided by a Sexual Assault Victim Advocate.

(2)

A member of the armed forces who is the victim of sexual assault shall be informed of the availability of assistance under paragraph (1) as soon as the member seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.

(3)

Legal assistance and the services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates under paragraph (1) shall be available to a member regardless of whether the member elects unrestricted or restricted (confidential) reporting of the sexual assault.

(b)

Restricted reporting

(1)

Under regulations prescribed by the Secretary of Defense, a member of the armed forces who is the victim of a sexual assault may elect to confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance under section 1044 of this title, or counseling, without initiating an official investigation of the allegations.

(2)

The individuals specified in this paragraph are the following:

(A)

A military legal assistance counsel.

(B)

A Sexual Assault Response Coordinator.

(C)

A Sexual Assault Victim Advocate.

(D)

Healthcare personnel specifically identified in the regulations required by paragraph (1).

(E)

A chaplain.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 80 of such title is amended by inserting after the item relating to section 1565a the following new item:

1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.

.

564.

Requirement for privilege in cases arising under Uniform Code of Military Justice against disclosure of communications between sexual assault victims and Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and certain other persons

Not later than 60 days after the date of the enactment of this Act, the President shall establish in the Manual for Courts-Martial an evidentiary privilege against disclosure of certain communications by victims of sexual assault with Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and such other persons as the President shall specify for purposes of the privilege.

565.

Expedited consideration and decision-making on requests for permanent change of station or unit transfer of victims of sexual assault

(a)

Expedited consideration and priority for decisionmaking

The Secretaries of the military departments shall provide guidance on expedited consideration and decision-making, to the maximum extent practicable, on requests for a permanent change of station or unit transfer submitted by a member of the Armed Forces serving on active duty who was a victim of a sexual assault.

(b)

Regulations

The Secretaries of the military departments shall prescribe regulations to carry out this section.

566.

Department of Defense policy and procedures on retention and access to evidence and records relating to sexual assaults involving members of the Armed Forces

(a)

Comprehensive policy on retention and access to records

Not later than February 1, 2013, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a comprehensive policy for the Department of Defense on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces.

(b)

Objectives

The comprehensive policy required by subsection (a) shall include policies and procedures (including systems of records) necessary to ensure preservation of records and evidence for periods of time that ensure that members of the Armed Forces and veterans of military service who were the victims of sexual assault during military service are able to substantiate claims for veterans benefits, to support criminal or civil prosecutions by military or civil authorities, and for such purposes relating to the documentation of the incidence of sexual assault in the Armed Forces as the Secretary of Defense considers appropriate.

(c)

Elements

In developing the comprehensive policy required by subsection (a), the Secretary of Defense shall consider, at a minimum, the following matters:

(1)

Identification of records, including non-Department of Defense records, relating to an incident of sexual assault, that must be retained.

(2)

Criteria for collection and retention of records.

(3)

Identification of physical evidence and non-documentary forms of evidence relating to sexual assaults that must be retained.

(4)

Length of time records and evidence must be retained, except that the length of time documentary evidence, physical evidence and forensic evidence must be retained shall be not less than five years.

(5)

Locations where records must be stored.

(6)

Media which may be used to preserve records and assure access, including an electronic systems of records.

(7)

Protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), section 552a of title 5, United States Code (commonly referred to as the Privacy Act), and laws related to privilege.

(8)

Access to records by victims of sexual assault, the Department of Veterans Affairs, and others, including alleged assailants and law enforcement authorities.

(9)

Responsibilities for record retention by the military departments.

(10)

Education and training on record retention requirements.

(11)

Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault.

(d)

Uniform application to military departments

The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection (a) is implemented uniformly by the military departments.

G

Defense Dependents' Education

571.

Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2012 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

Local educational agency defined

In this section, the term ‘local educational agency’ has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

572.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2012 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

573.

Three-year extension and enhancement of authorities on transition of military dependent students among local educational agencies

(a)

Additional authorities

Paragraph (2)(B) of section 574(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended—

(1)

by inserting grant assistance after To provide; and

(2)

by striking “including—“ and all that follows and inserting “including programs on the following:

(i)

Access to virtual and distance learning capabilities and related applications.

(ii)

Training for teachers.

(iii)

Academic strategies to increase academic achievement.

(iv)

Curriculum development.

(v)

Support for practices that minimize the impact of transition and deployment.

(vi)

Other appropriate services to improve the academic achievement of such students.

.

(b)

Three-year extension

Paragraph (3) of such section is amended by striking September 30, 2013 and inserting September 30, 2016.

H

Military Family Readiness

576.

Modification of membership of Department of Defense Military Family Readiness Council

Subsection (b) of section 1781a of title 10, United States Code, is amended to read as follows:

(b)

Members

(1)

The Council shall consist of the following members:

(A)

The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary’s absence.

(B)

The following, who shall be appointed or designated by the Secretary of Defense:

(i)

One representative of each of the Army, Navy, Marine Corps, and Air Force, each of whom may be a member of the armed force to be represented, the spouse of such a member, or the parent of such a member, and may represent either the regular component or a reserve component of that armed force.

(ii)

One representative of the Army National Guard or Air National Guard, who may be a member of the National Guard, the spouse of such a member, or the parent of such a member.

(iii)

One spouse of a member of each of the Army, Navy, Marine Corps, and Air Force, two of whom shall be the spouse of a regular component member and two of whom shall be the spouse of a reserve component member.

(iv)

Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.

(v)

The senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.

(C)

The Director of the Office of Community Support for Military Families with Special Needs.

(2)
(A)

The term on the Council of the members appointed or designated under clauses (i) and (iii) of paragraph (1)(B) shall be two years and may be renewed by the Secretary of Defense. Representation on the Council under clause (ii) of that paragraph shall rotate between the Army National Guard and Air National Guard every two years on a calendar year basis.

(B)

The term on the Council of the members appointed under clause (iv) of paragraph (1)(B) shall be three years.

.

577.

Comptroller General of the United States report on Department of Defense military spouse employment programs

(a)

In general

The Comptroller General of the United States shall carry out a review of all current Department of Defense military spouse employment programs.

(b)

Elements

The review required by subsection (a) shall, address, at a minimum, the following:

(1)

The efficacy and effectiveness of Department of Defense military spouse employment programs.

(2)

All current Department programs to support military spouses or dependents for the purposes of employment assistance.

(3)

The types of military spouse employment programs that have been considered or used in the past by the Department.

(4)

The ways in which military spouse employment programs have changed in recent years.

(5)

The benefits or programs that are specifically available to provide employment assistance to spouses of members of the Armed Forces serving in Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn, or any other contingency operation being conducted by the Armed Forces as of the date of such review.

(6)

Existing mechanisms available to military spouses to express their views on the effectiveness and future direction of Department programs and policies on employment assistance for military spouses.

(7)

The oversight provided by the Office of Personnel and Management regarding preferences for military spouses in Federal employment.

(c)

Comptroller General report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the review carried out under subsection (a). The report shall set forth the following:

(1)

The results of the review concerned.

(2)

Such clear and concrete metrics as the Comptroller General considers appropriate for the current and future evaluation and assessment of the efficacy and effectiveness of Department of Defense military spouse employment programs.

(3)

A description of the assumptions utilized in the review, and an assessment of the validity and completeness of such assumptions.

(4)

Such recommendations as the Comptroller General considers appropriate for improving Department of Defense military spouse employment programs.

(d)

Department of Defense report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the number (or a reasonable estimate if a precise number is not available) of military spouses who have obtained employment following participation in Department of Defense military spouse employment programs. The report shall set forth such number (or estimate) for the Department of Defense military spouse employment programs as a whole and for each such military spouse employment program.

I

Other Matters

581.

Cold War Service Medal

(a)

Medal authorized

The Secretary of Defense may authorize the issuance by the Secretaries concerned of a service medal, to be known as the Cold War Service Medal, to persons eligible to receive the medal under the regulations under subsection (b).

(b)

Regulations

(1)

In general

The issuance of a Cold War Service Medal under this section shall be subject to regulations prescribed by Secretary of Defense.

(2)

Elements

The regulations shall—

(A)

provide for an appropriate design for the Cold War Service Medal; and

(B)

specify the persons eligible to receive the medal.

(c)

Secretaries concerned defined

In this section, the term Secretaries concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

582.

Enhancement and improvement of Yellow Ribbon Reintegration Program

(a)

Inclusion of programs of outreach in Program

Subsection (b) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended by inserting (including programs of outreach) after informational events and activities.

(b)

Restatement of functions of Center for Excellence in Reintegration and inclusion in functions of identification of best practices in programs of outreach

Subsection (d)(2) of such section is amended by striking the second, third, and fourth sentences and inserting the following: “The Center shall have the following functions:

(A)

To collect and analyze lessons learned and suggestions from State National Guard and Reserve organizations with existing or developing reintegration programs.

(B)

To assist in developing training aids and briefing materials and training representatives from State National Guard and Reserve organizations.

(C)

To develop and implement a process for evaluating the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members of the Armed Forces and their families throughout the deployment cycle described in subsection (g).

(D)

To develop and implement a process for identifying best practices in the delivery of information and services in programs of outreach as described in subsection (j).

.

(c)

State-led programs of outreach

Such section is further amended by adding at the end the following new subsection:

(j)

State-led programs of outreach

The Office for Reintegration Programs may work with the States, whether acting through or in coordination with their National Guard and Reserve organizations, to assist the States and such organizations in developing and carrying out programs of outreach for members of the Armed Forces and their families to inform and educate them on the assistance and services available to them under the Yellow Ribbon Reintegration Program, including the assistance and services described in subsection (h).

.

(d)

Scope of activities under programs of outreach

Such section is further amended by adding at the end the following new subsection:

(k)

Scope of activities under programs of outreach

For purposes of this section, the activities and services provided under programs of outreach may include personalized and substantive care coordination services targeted specifically to individual members of the Armed Forces and their families.

.

583.

Report on process for expedited determination of disability of members of the Armed Forces with certain disabling conditions

(a)

In general

Not later than September 1, 2012, the Secretary of Defense shall submit to Congress a report setting forth 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 members of the Armed Forces, including regular members and members of the reserve components, who suffer from certain disabling diseases or conditions. If the establishment of such a process is considered feasible and advisable, the report shall set forth such recommendations for legislative and administrative action as the Secretary consider appropriate for the establishment of such process.

(b)

Requirements for study for report

(1)

Evaluation of appropriate elements of similar Federal programs

In conducting the study required for purposes of the preparation of the report required by subsection (a), the Secretary of Defense shall evaluate elements of programs for expedited determinations of disability that are currently carried out by other departments and agencies of the Federal Government, including the Quick Disability Determination program and the Compassionate Allowances program of the Social Security Administration.

(2)

Consultation

The Secretary of Defense shall conduct the study in consultation with the Secretary of Veterans Affairs.

584.

Report on the achievement of diversity goals for the leadership of the Armed Forces

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the achievement of diversity goals for the leadership of the Armed Forces.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An assessment by each Secretary of a military department of progress towards the achievement of diversity goals for the leadership within each Armed Force under the jurisdiction of such Secretary, including the reserve components of such Armed Force.

(2)

A discussion of the findings and recommendations included in the final report of the Military Leadership Diversity Commission entitled From Representation to Inclusion: Diversity Leadership for the 21st Century Military, and in other relevant policies, studies, reports, evaluations, and assessments.

585.

Specification of period in which application for voter registration or absentee ballot from an overseas voter is valid

Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended—

(1)

by inserting or overseas voter after absent uniformed services voter; and

(2)

by striking members of the uniformed services and inserting uniformed services voters or overseas voters.

586.

Authorization and request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor posthumously under section 3741 of such title to Emil Kapaun for the acts of valor during the Korean War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of then Captain Emil Kapaun as a member of the 8th Cavalry Regiment during the Battle of Unsan on November 1 and 2, 1950, and while a prisoner of war until his death on May 23, 1951, during the Korean War.

587.

Authorization for award of the distinguished service cross for captain Fredrick L. Spaulding for acts of valor during the Vietnam War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the United States Armed Forces, the Secretary of the Army is authorized to award the Distinguished Service Cross under section 3742 of such title to Captain Fredrick L. Spaulding for acts of valor during the Vietnam War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Fredrick L. Spaulding, on July 23, 1970, as a member of the United States Army serving in the grade of Captain in the Republic of Vietnam while assigned with Headquarters and Headquarters Company, 3d Brigade, 101st Airborne Division.

VI

Compensation and Other Personnel Benefits

A

Bonuses and Special and Incentive Pays

611.

One-year extension of certain expiring bonus and special pay authorities

(a)

Authorities relating to reserve forces

The following sections of title 37, United States Code, are amended by striking December 31, 2011 and inserting December 31, 2012:

(1)

Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2)

Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3)

Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4)

Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5)

Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6)

Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7)

Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

(b)

Title 10 authorities relating to health care professionals

The following sections of title 10, United States Code, are amended by striking December 31, 2011 and inserting December 31, 2012:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c)

Title 37 authorities relating to health care professionals

The following sections of title 37, United States Code, are amended by striking December 31, 2011 and inserting December 31, 2012:

(1)

Section 302c–1(f), relating to accession and retention bonuses for psychologists.

(2)

Section 302d(a)(1), relating to accession bonus for registered nurses.

(3)

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4)

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5)

Section 302h(a)(1), relating to accession bonus for dental officers.

(6)

Section 302j(a), relating to accession bonus for pharmacy officers.

(7)

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8)

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

(9)

Section 335(k), relating to bonus and incentive pay authorities for officers in health professions.

(d)

Authorities relating to nuclear officers

The following sections of title 37, United States Code, are amended by striking December 31, 2011 and inserting December 31, 2012:

(1)

Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2)

Section 312b(c), relating to nuclear career accession bonus.

(3)

Section 312c(d), relating to nuclear career annual incentive bonus.

(4)

Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(e)

Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2011 and inserting December 31, 2012:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4)

Section 351(h), relating to hazardous duty pay.

(5)

Section 352(g), relating to assignment pay or special duty pay.

(6)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(7)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(f)

Other title 37 bonus and special pay authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2011 and inserting December 31, 2012:

(1)

Section 301b(a), relating to aviation officer retention bonus.

(2)

Section 307a(g), relating to assignment incentive pay.

(3)

Section 308(g), relating to reenlistment bonus for active members.

(4)

Section 309(e), relating to enlistment bonus.

(5)

Section 324(g), relating to accession bonus for new officers in critical skills.

(6)

Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(7)

Section 327(h), relating to incentive bonus for transfer between the Armed Forces.

(8)

Section 330(f), relating to accession bonus for officer candidates.

(g)

Increased BAH for areas experiencing disasters or sudden increases in personnel

Section 403(b)(7)(E) of title 37, United States Code, is amended by inserting before the period at the end the following: “, except that such an increase may be prescribed for the period beginning on January 1, 2012, and ending on December 31, 2012”.

612.

Modification of qualifying period for payment of hostile fire and imminent danger special pay and hazardous duty special pay

(a)

Hostile fire and imminent danger pay

Section 310 of title 37, United States Code, is amended—

(1)

in subsection (a), by striking for any month or portion of a month and inserting for any day or portion of a day;

(2)

by striking subsection (b) and inserting the following new subsection (b):

(b)

Special pay amount

The amount of special pay authorized by subsection (a) for a day or portion of a day may not exceed an amount equal to $225 divided by the number of days of the month in which such day falls.

;

(3)

in subsection (c)(1), by inserting for any day (or portion of a day) of before not more than three additional months; and

(4)

in subsection (d)(2), by striking any month and inserting any day.

(b)

Hazardous duty pay

Section 351(c)(2) of such title is amended by striking receipt of hazardous duty pay, and all that follows and inserting “receipt of hazardous duty pay—

(A)

in the case of hazardous duty pay payable under paragraph (1) of subsection (a), the Secretary concerned shall prorate the payment amount to reflect the duration of the member's actual qualifying service during the month; and

(B)

in the case of hazardous duty pay payable under paragraph (2) or (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month.

.

(c)

Effective date

The amendments made by this section shall take effect on October 1, 2011, and shall apply with respect to duty performed on or after that date.

B

Consolidation and Reform of Travel and Transportation Authorities

621.

Consolidation and reform of travel and transportation authorities of the uniformed services

(a)

Purpose

This section establishes general travel and transportation provisions for members of the uniformed services and other travelers authorized to travel under official conditions. Recognizing the complexities and the changing nature of travel, the amendments made by this section provide the Secretary of Defense and the other administering Secretaries with the authority to prescribe and implement travel and transportation policy that is simple, clear, efficient, and flexible, and that meets mission and servicemember needs, while realizing cost savings that should come with a more efficient and less cumbersome system for travel and transportation.

(b)

Consolidated authorities

Title 37, United States Code, is amended by inserting after chapter 7 the following new chapter:

8

Travel and Transportation Allowances

Sec.

Subchapter I—Travel and Transportation Authorities—New Law

451. Definitions.

452. Allowable travel and transportation: general authorities.

453. Allowable travel and transportation: specific authorities.

454. Travel and transportation: pilot programs.

455. Appropriations for travel: may not be used for attendance at certain meetings.

Subchapter II—Administrative Provisions

461. Relationship to other travel and transportation authorities.

462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment.

463. Program of compliance; electronic processing of travel claims.

464. Regulations.

Subchapter III—Travel and Transportation Authorities—Old Law

471. Travel authorities transition expiration date.

472. Definitions and other incorporated provisions of chapter 7.

474. Travel and transportation allowances: general.

474a. Travel and transportation allowances: temporary lodging expenses.

474b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.

475. Travel and transportation allowances: per diem while on duty outside the continental United States.

475a. Travel and transportation allowances: departure allowances.

476. Travel and transportation allowances: dependents; baggage and household effects.

476a. Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified.

476b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating.

476c. Travel and transportation allowances: members assigned to a vessel under construction.

477. Travel and transportation allowances: dislocation allowance.

478. Travel and transportation allowances: travel within limits of duty station.

478a. Travel and transportation allowances: inactive duty training outside of the normal commuting distances.

479. Travel and transportation allowances: house trailers and mobile homes.

480. Travel and transportation allowances: miscellaneous categories.

481. Travel and transportation allowances: administrative provisions.

481a. Travel and transportation allowances: travel performed in connection with convalescent leave.

481b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours.

481c. Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries.

481d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents.

481e. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty.

481f. Travel and transportation allowances: transportation for survivors of deceased member to attend the member’s burial ceremonies.

481h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury.

481i. Travel and transportation allowances: parking expenses.

481j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.

481k. Travel and transportation allowances: non-medical attendants for members determined to be very seriously or seriously wounded, ill, or injured.

481l. Travel and transportation allowances: attendance of members and others at Yellow Ribbon Reintegration Program events.

484. Travel and transportation: dependents of members in a missing status; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable.

488. Allowance for recruiting expenses.

489. Travel and transportation allowances: minor dependent schooling.

490. Travel and transportation: dependent children of members stationed overseas.

491. Benefits for certain members assigned to the Defense Intelligence Agency.

492. Travel and transportation: members escorting certain dependents.

494. Subsistence reimbursement relating to escorts of foreign arms control inspection teams.

495. Funeral honors duty: allowance.

I

Travel and Transportation Authorities—New Law

451.

Definitions

(a)

Definitions relating to persons

In this subchapter and subchapter II:

(1)

The term administering Secretary or administering Secretaries means the following:

(A)

The Secretary of Defense, with respect to the armed forces (including the Coast Guard when it is operating as a service in the Navy).

(B)

The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.

(C)

The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.

(D)

The Secretary of Health and Human Services, with respect to the Public Health Service.

(2)

The term authorized traveler means a person who is authorized travel and transportation allowances when performing official travel ordered or authorized by the administering Secretary. Such term includes the following:

(A)

A member of the uniformed services.

(B)

A family member of a member of the uniformed services.

(C)

A person acting as an escort or attendant for a member or family member who is traveling on official travel or is traveling with the remains of a deceased member.

(D)

A person who participates in a military funeral honors detail.

(E)

A Senior Reserve Officers’ Training Corps cadet or midshipman.

(F)

An applicant or rejected applicant for enlistment.

(G)

Any person whose employment or service is considered directly related to a Government official activity or function under regulations prescribed under section 464 of this title.

(H)

Any other person not covered by subparagraphs (A) through (G) who is determined by the administering Secretary pursuant to regulations prescribed under section 464 of this title as warranting the provision of travel benefits for purposes of a particular travel incident.

(3)

The term family member, with respect to a member of the uniformed services, means the following:

(A)

A dependent.

(B)

A child, as defined in section 401(b)(1) of this title.

(C)

A parent, as defined in section 401(b)(2) of this title.

(D)

A sibling of the member.

(E)

A former spouse of the member.

(F)

Any person not covered by subparagraphs (A) through (E) who is in a category specified in regulations prescribed under section 464 of this title as having an association, connection, or affiliation with a member or the family of a member, including any person specifically designated by a member to receive travel benefits for a particular purpose.

(4)

The term dependent, with respect to a member of the uniformed services, has the meaning given that term in section 401(a) of this title.

(b)

Definitions relating to travel and transportation allowances

In this subchapter and subchapter II:

(1)

The term official travel means the following:

(A)

Military duty or official business performed by an authorized traveler away from a duty assignment location or other authorized location.

(B)

Travel performed by an authorized traveler ordered to relocate from a permanent duty station to another permanent duty station.

(C)

Travel performed by an authorized traveler ordered to the first permanent duty station, or separated or retired from uniformed service.

(D)

Local travel in or around the temporary duty or permanent duty station.

(E)

Other travel as authorized or ordered by the administering Secretary.

(2)

The term actual and necessary expenses means expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel.

(3)

The term travel allowances means the daily lodging, meals, and other related expenses, including relocation expenses, incurred by an authorized traveler while on official travel.

(4)

The term transportation allowances means the costs of temporarily or permanently moving an authorized traveler, the personal property of an authorized traveler, or a combination thereof.

(5)

The term transportation-, lodging-, or meals-in-kind means transportation, lodging, or meals provided by the Government without cost to an authorized traveler.

(6)

The term miscellaneous expenses means authorized expenses incurred in addition to authorized allowances during the performance of official travel by an authorized traveler.

(7)

The term personal property, with respect to transportation allowances, includes baggage, furniture, and other household items, clothing, privately owned vehicles, house trailers, mobile homes, and any other personal items that would not otherwise be prohibited by any other provision of law or regulation prescribed under section 464 of this title.

(8)

The term relocation allowances means the costs associated with relocating a member of the uniformed services and the member's dependents between an old and new temporary or permanent duty assignment location or other authorized location.

(9)

The term dislocation allowances means the costs associated with relocation of the household of a member of the uniformed services and the member's dependents in relation to a change in the member’s permanent duty assignment location ordered for the convenience of the Government or incident to an evacuation.

452.

Allowable travel and transportation: general authorities

(a)

In general

Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under section 464 of this title.

(b)

Specific circumstances

The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under section 464 of this title:

(1)

Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location.

(2)

Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location.

(3)

Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours.

(4)

Recruiting duties for the armed forces.

(5)

Assignment or detail to another Government department or agency.

(6)

Rest and recuperative leave.

(7)

Convalescent leave.

(8)

Reenlistment leave.

(9)

Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence.

(10)

Ready Reserve muster duty.

(11)

Unusual, extraordinary, hardship, or emergency circumstances.

(12)

Presence of family members at a military medical facility incident to the illness or injury of members.

(13)

Presence of family members at the repatriation of members held captive.

(14)

Presence of non-medical attendants for very seriously or seriously wounded, ill, or injured members.

(15)

Attendance at Yellow Ribbon Reintegration Program events.

(16)

Missing status, as determined by the Secretary concerned under chapter 10 of this title.

(17)

Attendance at or participation in international sports competitions described under section 717 of title 10.

(c)

Matters included

Travel and transportation allowances which may be provided under subsection (a) include the following:

(1)

Allowances for transportation, lodging, and meals.

(2)

Dislocation or relocation allowances paid in connection with a change in a member’s temporary or permanent duty assignment location.

(3)

Other related miscellaneous expenses.

(d)

Mode of providing travel and transportation allowances

Any authorized travel and transportation may be provided—

(1)

as an actual expense;

(2)

as an authorized allowance;

(3)

in-kind; or

(4)

using a combination of the authorities under paragraphs (1), (2), and (3).

(e)

Travel and transportation allowances when travel orders are modified, etc

An authorized traveler whose travel and transportation order or authorization is canceled, revoked, or modified may be allowed actual and necessary expenses or travel and transportation allowances in connection with travel performed pursuant to such order or authorization before such order or authorization is cancelled, revoked, or modified.

(f)

Advance payments

An authorized traveler may be allowed advance payments for authorized travel and transportation allowances.

(g)

Responsibility for unauthorized expenses

Any unauthorized travel or transportation expense is not the responsibility of the United States.

(h)

Relationship to other authorities

The administering Secretary may not provide payment under this section for an expense for which payment may be provided from any other appropriate Government or non-Government entity.

453.

Allowable travel and transportation: specific authorities

(a)

In general

In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel and transportation allowances under this subchapter in accordance with this section.

(b)

Authorized absence from temporary duty location

An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, incurred at a temporary duty location during an authorized absence from that location.

(c)

Movement of personal property

(1)

A member of a uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such expenses when associated with a self-move.

(2)

The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately owned vehicles (but not to exceed one privately owned vehicle per member household) in connection with the temporary or permanent move between authorized locations.

(3)

For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 464 of this title. The prescribed weight allowances may not exceed 18,000 pounds (including packing, crating, and household goods in temporary storage), except that the administering Secretary may, on a case-by-case basis, authorize additional weight allowances as necessary.

(4)

The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store a privately owned vehicle.

(5)

No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.

(d)

Unusual or emergency circumstances

An authorized traveler may be provided travel and transportation allowances under this section for unusual, extraordinary, hardship, or emergency circumstances, including circumstances warranting evacuation from a permanent duty assignment location.

(e)

Particular separation provisions

The administering Secretary may provide travel-in-kind and transportation-in-kind for the following persons in accordance with regulations prescribed under section 464 of this title:

(1)

A member who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10.

(2)

A member who is retired with pay under any other law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay.

(3)

A member who is discharged under section 1173 of title 10.

(f)

Attendance at memorial ceremonies and services

A family member or member of the uniformed services who attends a deceased member’s repatriation, burial, or memorial ceremony or service may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 464 of this title.

454.

Travel and transportation: pilot programs

(a)

Pilot programs

Except as otherwise prohibited by law, the Secretary of Defense may conduct pilot programs to evaluate alternative travel and transportation programs, policies, and processes for Department of Defense authorized travelers. Any such pilot program shall be designed to enhance cost savings or other efficiencies that accrue to the Government and be conducted so as to evaluate one or more of the following:

(1)

Alternative methods for performing and reimbursing travel.

(2)

Means for limiting the need for travel.

(3)

Means for reducing the environmental impact of travel.

(b)

Limitations

(1)

Not more than three pilot programs may be carried out under subsection (a) at any one time.

(2)

The duration of a pilot program may not exceed four years.

(3)

The authority to carry out a pilot program is subject to the availability of appropriated funds.

(c)

Reports

(1)

Not later than 30 days before the commencement of a pilot program under subsection (a), the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth a description of the pilot program, including the following:

(A)

The purpose of the pilot program.

(B)

The duration of the pilot program.

(C)

The cost savings or other efficiencies anticipated to accrue to the Government under the pilot program.

(2)

Not later than 60 days after the completion of a pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth the following:

(A)

A description of results of the pilot program.

(B)

Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.

(d)

Congressional defense committees defined

In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10.

II

Administrative Provisions

461.

Relationship to other travel and transportation authorities

An authorized traveler may not be paid travel and transportation allowances or receive travel-in-kind and transportation-in-kind, or a combination thereof, under both subchapter I and subchapter III for official travel performed under a single or related travel and transportation order or authorization by the administering Secretary.

462.

Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment

(a)

Repayment required

Except as provided in subsection (b), a member of the uniformed services or other person who is paid travel and transportation allowances under subchapter I shall repay to the United States any amount of such payment that is determined to be unauthorized or in excess of the applicable authorized amount.

(b)

Exception

The regulations prescribed under section 464 of this title shall specify procedures for determining the circumstances under which an exception to repayment otherwise required by subsection (a) may be granted.

(c)

Effect of bankruptcy

An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date on which the debt was incurred.

463.

Programs of compliance; electronic processing of travel claims

(a)

Programs of compliance

The administering Secretaries shall provide for compliance with the requirements of this chapter through programs of compliance established and maintained for that purpose.

(b)

Elements

The programs of compliance under subsection (a) shall—

(1)

minimize the provision of benefits under this chapter based on inaccurate claims, unauthorized claims, overstated or inflated claims, and multiple claims for the same benefits through the electronic verification of travel claims on a near-time basis and such other means as the administering Secretaries may establish for purposes of the programs of compliance; and

(2)

ensure that benefits provided under this chapter do not exceed reasonable or actual and necessary expenses of travel claimed or reasonable allowances based on commercial travel rates.

(c)

Electronic processing of travel claims

(1)

By not later than the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, any travel claim under this chapter shall be processed electronically.

(2)

The administering Secretary, or the Secretary's designee, may waive the requirement in paragraph (1) with respect to a particular claim in the interests of the department concerned.

(3)

The electronic processing of claims under this subsection shall be subject to the regulations prescribed by the Secretary of Defense under section 464 of this title which shall apply uniformly to all members of the uniformed services and, to the extent practicable, to all other authorized travelers.

464.

Regulations

This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.

III

Travel and Transportation Authorities—Old Law

471.

Travel authorities transition expiration date

In this subchapter, the term travel authorities transition expiration date means the last day of the 10-year period beginning on the first day of the first month beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.

472.

Definitions and other incorporated provisions of chapter 7

(a)

Definitions

The provisions of section 401 of this title apply to this subchapter.

(b)

Other provisions

The provisions of sections 421 and 423 of this title apply to this subchapter.

.

(c)

Repeal of obsolete authority

Section 411g of title 37, United States Code, is repealed.

(d)

Transfer of sections

(1)

Transfer to subchapter I

Section 412 of title 37, United States Code, is transferred to chapter 8 of such title, as added by subsection (b), inserted after section 454, and redesignated as section 455.

(2)

Transfer of current chapter 7 authorities to subchapter III

Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h through 411l, 428 through 432, 434, and 435 of such title are transferred (in that order) to chapter 8 of such title, as added by subsection (b), inserted after section 472, and redesignated as follows:

Section:Redesignated Section:
404474
404a474a
404b474b
405475
405a475a
406476
406a476a
406b476b
406c476c
407477
408478
408a478a
409479
410480
411481
411a481a
411b481b
411c481c
411d481d
411e481e
411f481f
411h481h
411i481i
411j481j
411k481k
411l481l
428488
429489
430490
432492
434494
435495
(3)

Transfer of section 554

Section 554 of such title is transferred to chapter 8 of such title, as added by subsection (b), inserted after section 481l (as transferred and redesignated by paragraph (2)), and redesignated as section 484.

(e)

Sunset of old-Law authorities

Provisions of subchapter III of chapter 8 of title 37, United States Code, as transferred and redesignated by paragraphs (2) and (3) of subsection (c), are amended as follows:

(1)

Section 474 is amended by adding at the end the following new subsection:

(k)

No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(2)

Section 474a is amended by adding at the end the following new subsection:

(f)

Termination

No payment or reimbursement may be provided under this section with respect to a change of permanent station for which orders are issued after the travel authorities transition expiration date.

.

(3)

Section 474b is amended by adding at the end the following new subsection:

(e)

Termination

No payment or reimbursement may be provided under this section with respect to an authorized absence that begins after the travel authorities transition expiration date.

.

(4)

Section 475 is amended by adding at the end the following new subsection:

(f)

Termination

During and after the travel authorities expiration date, no per diem may be paid under this section for any period.

.

(5)

Section 475a is amended by adding at the end the following new subsection:

(c)

During and after the travel authorities expiration date, no allowance under subsection (a) or transportation or reimbursement under subsection (b) may be provided with respect to an authority or order to depart.

.

(6)

Section 476 is amended by adding at the end the following new subsection:

(n)

No transportation, reimbursement, allowance, or per diem may be provided under this section—

(1)

with respect to a change of temporary or permanent station for which orders are issued after the travel authorities transition expiration date; or

(2)

in a case covered by this section when such orders are not issued, with respect to a movement of baggage or household effects that begins after such date.

.

(7)

Section 476a is amended—

(A)

by inserting (a) Authority.— before Under uniform regulations; and

(B)

by adding at the end the following new subsection:

(b)

Termination

No transportation or travel or transportation allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(8)

Section 476b is amended by adding at the end the following new subsection:

(e)

No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(9)

Section 476c is amended by adding at the end the following new subsection:

(e)

Termination

No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(10)

Section 477 is amended by adding at the end the following new subsection:

(i)

Termination

No dislocation allowance may be paid under this section for a move that begins after the travel authorities transition expiration date.

.

(11)

Section 478 is amended by adding at the end the following new subsection:

(c)

No travel or transportation allowance, payment, or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(12)

Section 478a(e) is amended by striking December 31, 2011 and inserting the travel authorities transition expiration date.

(13)

Section 479 is amended by adding at the end the following new subsection:

(e)

No transportation of a house trailer or mobile home, or storage or payment in connection therewith, may be provided under this section for transportation that begins after the travel authorities transition expiration date.

.

(14)

Section 480 is amended by adding at the end the following new subsection:

(c)

No travel or transportation allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(15)

Section 481 is amended by adding at the end the following new subsection:

(e)

The regulations prescribed under this section shall cease to be in effect as of the travel authorities transition expiration date.

.

(16)

Section 481a is amended by adding at the end the following new subsection:

(c)

No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.

.

(17)

Section 481b is amended by adding at the end the following new subsection:

(d)

Termination

No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.

.

(18)

Section 481c is amended by adding at the end the following new subsection:

(c)

No transportation may be provided under this section after the travel authorities transition expiration date, and no payment may be made under this section for transportation that begins after that date.

.

(19)

Section 481d is amended by adding at the end the following new subsection:

(d)

No transportation may be provided under this section after the travel authorities transition expiration date.

.

(20)

Section 481e is amended by adding at the end the following new subsection:

(c)

No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(21)

Section 481f is amended by adding at the end the following new subsection:

(h)

Termination

No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(22)

Section 481h is amended by adding at the end the following new subsection:

(e)

Termination

No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(23)

Section 481i is amended by adding at the end the following new subsection:

(c)

Termination

No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.

.

(24)

Section 481j is amended by adding at the end the following new subsection:

(e)

Termination

No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(25)

Section 481k is amended by adding at the end the following new subsection:

(e)

Termination

No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(26)

Section 481l is amended by adding at the end the following new subsection:

(e)

Termination

No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(27)

Section 484 is amended by adding at the end the following new subsection:

(k)

No transportation, allowance, or reimbursement may be provided under this section for a move that begins after the travel authorities transition expiration date.

.

(28)

Section 488 is amended—

(A)

by inserting (a) Authority.— before In addition; and

(B)

by adding at the end the following new subsection:

(b)

Termination

No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.

.

(29)

Section 489 is amended—

(A)

by inserting (a) Authority.— before In addition; and

(B)

by adding at the end the following new subsection:

(b)

Termination

No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(30)

Section 490 is amended by adding at the end the following new subsection:

(g)

Termination

No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(31)

Section 492 is amended by adding at the end the following new subsection:

(c)

No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.

.

(32)

Section 494 is amended by adding at the end the following new subsection:

(d)

Termination

No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.

.

(33)

Section 495 is amended by adding at the end the following new subsection:

(c)

Termination

No allowance may be paid under this section for any day after the travel authorities transition expiration date.

.

(f)

Technical and clerical amendments

(1)

Chapter heading

The heading of chapter 7 of such title is amended to read as follows: Chapter 7—Allowances other than travel and transportation allowances.

(2)

Table of chapters

The table of chapter preceding chapter 1 of such title is amended by striking the item relating to chapter 7 and inserting the following:

7.Allowances Other Than Travel and Transportation Allowances401 8.Travel and Transportation Allowances451

.

(3)

Tables of sections

(A)

The table of sections at the beginning of chapter 7 of such title is amended by striking the items relating to sections 404 through 412, 428 through 432, 434, and 435.

(B)

The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 554.

(4)

Cross-references

(A)

Any section of title 10 or 37, United States Code, that includes a reference to a section of title 37 that is transferred and redesignated by subsection (c) is amended so as to conform the reference to the section number of the section as so redesignated.

(B)

Any reference in a provision of law other than a section of title 10 or 37, United States Code, to a section of title 37 that is transferred and redesignated by subsection (c) is deemed to refer to the section as so redesignated.

622.

Transition provisions

(a)

Implementation plan

The Secretary of Defense shall develop a plan to implement subchapters I and II of chapter 8 of title 37, United States Code (as added by section 621(b) of this Act), and to transition all of the travel and transportation programs for members of the uniformed services under chapter 7 of title 37, United States Code, solely to provisions of those subchapters by the end of the transition period.

(b)

Authority for modifications to old-Law authorities during transition period

During the transition period, the Secretary of Defense and the Secretaries concerned, in using the authorities under subchapter III of chapter 8 of title 37, United States Code (as so added), may apply those authorities subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan required under subsection (a) or in any subsequent modification to that implementation plan.

(c)

Coordination

The Secretary of Defense shall prepare the implementation plan under subsection (a) and any modification to that plan under subsection (b) in coordination with—

(1)

the Secretary of Homeland Security, with respect to the Coast Guard;

(2)

the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and

(3)

the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.

(d)

Program of compliance

The Secretary of Defense and the other administering Secretaries shall commence the operation of the programs of compliance required by section 463 of title 37, United States Code (as so added), by not later than one year after the date of the enactment of this Act.

(e)

Transition period

In this section, the term transition period means the 10-year period beginning on the first day of the first month beginning after the date of the enactment of this Act.

C

Disability, Retired Pay, and Survivor Benefits

631.

Repeal of automatic enrollment in Family Servicemembers' Group Life Insurance for members of the Armed Forces married to other members

Section 1967(a)(1) of title 38, United States Code, is amended—

(1)

in subparagraph (A)(ii), by inserting after insurable dependent of the member the following: (other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph); and

(2)

in subparagraph (C)(ii), by inserting after insurable dependent of the member the following: (other than a dependent who is also a member of a uniformed service and, because of such membership, automatically insured under this paragraph) .

632.

Limitation on availability of certain funds pending report on provision of special compensation for members of the uniformed services with injury or illness requiring assistance in everyday living

(a)

Limitation on funds for travel of USD(PR)

Of the amount authorized to be appropriated for fiscal year 2012 for the Department of Defense for operation and maintenance for defense-wide activities as specified in the funding table in section 4301 and available for purposes of travel of the Office of the Under Secretary of Defense for Personnel and Readiness, not more than 50 percent of such amount may be obligated or expended for such purposes until the Under Secretary of Defense for Personnel and Readiness submits to the congressional defense committees a report on the implementation by the Department of Defense of the authorities in section 439 of title 37, United States Code, for payment of special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living.

(b)

Elements

The report described in subsection (a) shall include a detailed description of the implementation by the Department of the authorities in section 439 of title 37, United States Code, including the following:

(1)

A description of the criteria established pursuant to such section for the payment of special compensation under that section.

(2)

An assessment of the training needs of caregivers of members paid special compensation under that section, including—

(A)

a description of the types of training currently provided;

(B)

a description of additional types of training that could be provided; and

(C)

an assessment whether current Department programs are adequate to meet such training needs.

633.

Repeal of sense of Congress on age and service requirements for retired pay for non-regular service

Section 635 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4241) is repealed.

634.

Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training

(a)

Death gratuity

(1)

Payment authorized

Section 1475(a)(3) of title 10, United States Code, is amended by inserting before the semicolon the following: or while staying at the Reserve's residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training.

(2)

Treatment as death during inactive duty training

Section 1478(a) of such title is amended—

(A)

by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and

(B)

by inserting after paragraph (3) the following new paragraph (4):

(4)

A person covered by subsection (a)(3) of section 1475 of this title who died while on authorized stay at the person's residence during a period of inactive duty training or between successive days of inactive duty training is considered to have been on inactive duty training on the date of his death.

.

(b)

Recovery, care, and disposition of remains and related benefits

Section 1481(a)(2) of such title is amended—

(1)

by redesignating subparagraph (E) and (F) as subparagraphs (F) and (G), respectively; and

(2)

by inserting after subparagraph (D) the following new subparagraph (E):

(E)

staying at the member's residence, when so authorized by proper authority, during a period of inactive duty training or between successive days of inactive duty training;

.

(c)

Effective date

The amendments made by this section shall take effect on January 1, 2010, and shall apply with respect to deaths that occur on or after that date.

635.

Repeal of requirement of reduction of Survivor Benefits Plan survivor annuities by dependency and indemnity compensation

(a)

Repeal

(1)

In general

Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:

(A)

In section 1450, by striking subsection (c).

(B)

In section 1451(c)—

(i)

by striking paragraph (2); and

(ii)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(2)

Conforming amendments

Such subchapter is further amended as follows:

(A)

In section 1450—

(i)

by striking subsection (e);

(ii)

by striking subsection (k); and

(iii)

by striking subsection (m).

(B)

In section 1451(g)(1), by striking subparagraph (C).

(C)

In section 1452—

(i)

in subsection (f)(2), by striking does not apply— and all that follows and inserting does not apply in the case of a deduction made through administrative error.; and

(ii)

by striking subsection (g).

(D)

In section 1455(c), by striking , 1450(k)(2),.

(b)

Prohibition on Retroactive Benefits

No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).

(c)

Prohibition on recoupment of certain amounts previously refunded to SBP recipients

A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.

(d)

Repeal of authority for optional annuity for dependent children

Section 1448(d) of such title is amended—

(1)

in paragraph (1), by striking Except as provided in paragraph (2)(B), the Secretary concerned and inserting The Secretary concerned; and

(2)

in paragraph (2)—

(A)

by striking Dependent children.— and all that follows through In the case of a member described in paragraph (1), and inserting Dependent children annuity when no eligible surviving spouse.—In the case of a member described in paragraph (1),; and

(B)

by striking subparagraph (B).

(e)

Restoration of eligibility for previously eligible spouses

The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.

(f)

Effective Date

The sections and the amendments made by this section shall take effect on the later of—

(1)

the first day of the first month that begins after the date of the enactment of this Act; or

(2)

the first day of the fiscal year that begins in the calendar year in which this Act is enacted.

D

Pay and Allowances

641.

No reduction in basic allowance for housing for National Guard members who transition between active duty and full-time National Guard duty without a break in active service

Section 403(g) of title 37, United States Code, is amended by adding at the end the following new paragraph:

(6)

The rate of basic allowance for housing to be paid a member of the Army National Guard of the United States or the Air National Guard of the United States shall not be reduced upon the transition of the member from active duty under title 10, United States Code, to full-time National Guard duty under title 32, United States Code, or from full-time National Guard duty under title 32, United States Code, to active duty under title 10, United States Code, when the transition occurs without a break in active service of at least one calendar day

.

VII

Health Care Provisions

A

TRICARE Program

701.

Annual cost-of-living adjustment in enrollment fees in TRICARE Prime

(a)

In general

Section 1097a of title 10, United States Code, is amended—

(1)

by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Cost-of-living adjustment in enrollment fee

(1)

Whenever after September 30, 2012, the Secretary of Defense increases the retired pay of members and former members of the armed forces pursuant to section 1401a of this title, the Secretary shall increase the amount of the fee payable for enrollment in TRICARE Prime by an amount equal to the percentage of such fee payable on the day before the date of the increase of such fee that is equal to the percentage increase in such retired pay. In determining the amount of the increase in such retired pay for purposes of this subsection, the Secretary shall use the amount computed pursuant to section 1401a(b)(2) of this title. The increase in such fee shall be effective as of January 1 following the date of the increase in such retired pay.

(2)

The Secretary shall publish in the Federal Register the amount of the fee payable for enrollment in TRICARE Prime whenever increased pursuant to this subsection.

.

(b)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

1097a.

TRICARE Prime: automatic enrollment; enrollment fee; payment options

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by striking the item relating to section 1097a and inserting the following new item:

1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment options.

.

702.

Maintenance of the adequacy of provider networks under the TRICARE program

Section 1097b(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

In establishing rates and procedures for reimbursement of providers and other administrative requirements, including those contained in provider network agreements, the Secretary shall to the extent practicable maintain adequate networks of providers, including institutional, professional, and pharmacy. Network providers under such provider network agreements are not considered subcontractors for purposes of the Federal Acquisition Regulation or any other law.

.

703.

Transition enrollment of uniformed services family health plan Medicare-eligible retirees to TRICARE for Life

Section 724(e) of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 1073 note) is amended—

(1)

by striking If a covered beneficiary and inserting (1) Except as provided in paragraph (2), if a covered beneficiary; and

(2)

by adding at the end the following new paragraph:

(2)

After September 30, 2011, a covered beneficiary (other than a beneficiary under section 1079 of title 10, United States Code) who is also entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act due to age may not enroll in the managed care program of a designated provider unless the beneficiary was enrolled in that program on September 30, 2011.

.

704.

Modification of authorities on surveys on continued viability of TRICARE Standard and TRICARE Extra

(a)

Scope of certain surveys

Subsection (a)(3)(A) of section 711 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 190; 10 U.S.C. 1073 note) by striking 2011 and inserting 2015.

(b)

Frequency of submittal of GAO reviews

Subsection (b)(2) of such section is amended by striking bi-annual basis and inserting biennial basis.

705.

Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States

Section 1106(b) of title 10, United States Code, is amended by striking not later than and all that follows and inserting the following: “as follows:

(1)

In the case of services provided outside the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, by not later than three years after the services are provided.

(2)

In the case of any other services, by not later than one year after the services are provided.

.

B

Other Health Care Benefits

711.

Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States

Section 1040(a) of title 10, United States Code, is amended—

(1)

by inserting (1) after (a); and

(2)

by adding at the end the following new paragraph:

(2)
(A)

For purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.

(B)

In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.

(C)

The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.

(D)

The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.

(E)

The authority under this paragraph shall expire on September 30, 2016.

.

712.

Transitional health benefits for certain members with extension of active duty following active duty in support of a contingency operation

Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: “For purposes of the preceding sentence, in the case of a member on active duty as described in subparagraph (B), (C), or (D) of paragraph (2) who, without a break in service, is extended on active duty for any reason, the 180-day period shall begin on the date on which the member is separated from such extended active duty.”.

713.

Codification and improvement of procedures for mental health evaluations for members of the Armed Forces

(a)

Codification and improvement of procedures

(1)

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1090 the following new section:

1090a.

Commanding officer and supervisor referrals of members for mental health evaluations

(a)

Regulations

The Secretary of Defense shall prescribe and maintain regulations relating to commanding officer and supervisor referrals of members of the armed forces for mental health evaluations. The regulations shall incorporate the requirements set forth in subsections (b), (c), and (d) and such other matters as the Secretary considers appropriate.

(b)

Reduction of perceived stigma

The regulations required by subsection (a) shall, to the greatest extent possible—

(1)

seek to eliminate perceived stigma associated with seeking and receiving mental health services, promoting the use of mental health services on a basis comparable to the use of other medical and health services; and

(2)

clarify the appropriate action to be taken by commanders or supervisory personnel who, in good faith, believe that a subordinate may require a mental health evaluation.

(c)

Procedures for inpatient evaluations

The regulations required by subsection (a) shall provide that, when a commander or supervise determines that it is necessary to refer a member of the armed forces for a mental health evaluation—

(1)

the mental health evaluation shall only be conducted on an inpatient basis if and when such an evaluation cannot appropriately or reasonably be conducted on an outpatient basis, in accordance with the least restrictive alternative principle; and

(2)

only a psychiatrist, or, in cases in which a psychiatrist is not available, another mental health professional or a physician, may admit the member pursuant to the referral for a mental health evaluation to be conducted on an inpatient basis.

(d)

Prohibition on use of referrals for mental health evaluations To retaliate against whistleblowers

(1)

The regulations required by subsection (a) shall provide that no person may refer a member of the armed forces for a mental health evaluation as a reprisal for making or preparing a lawful communication of the type described in section 1034(c)(2) of this title, and applicable regulations. For purposes of this subsection, such communication also shall include a communication to any appropriate authority in the chain of command of the member.

(2)

Such regulations shall provide that a referral for a mental health evaluation by a commander or supervisor, when taken as a reprisal for a communication referred to in paragraph (1), may be the basis for a proceeding under section 892 of this title (article 92 of the Uniform Code of Military Justice). Persons not subject to chapter 47 of this title (the Uniform Code of Military Justice) who fail to comply with the provisions of this section are subject to adverse administrative action.

(3)
(A)

No person may restrict a member of the armed forces in communicating with an Inspector General, attorney, member of Congress, or others about the referral of a member of the armed forces for a mental health evaluation.

(B)

Subparagraph (A) does not apply to a communication that is unlawful.

(e)

Definitions

In this section:

(1)

The term Inspector General means the following:

(A)

An Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C. App.).

(B)

An officer of the armed forces assigned or detailed under regulations of the Secretary concerned to serve as an Inspector General at any command level in one of the armed forces.

(2)

The term mental health professional means a psychiatrist or clinical psychologist, a person with a doctorate in clinical social work, or a psychiatric clinical nurse specialist.

(3)

The term mental health evaluation means a psychiatric examination or evaluation, a psychological examination or evaluation, an examination for psychiatric or psychological fitness for duty, or any other means of assessing the state of mental health of a member of the armed forces.

(4)

The term least restrictive alternative principle means a principle under which a member of the armed forces committed for hospitalization and treatment shall be placed in the most appropriate and therapeutic available setting—

(A)

that is no more restrictive than is conducive to the most effective form of treatment; and

(B)

in which treatment is available and the risks of physical injury or property damage posed by such placement are warranted by the proposed plan of treatment.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1090 the following new item:

1090a. Commanding officer and supervisor referrals of members for mental health evaluations.

.

(b)

Conforming repeal

Section 546 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2416; 10 U.S.C. 1074 note) is repealed.

C

Health Care Administration

721.

Expansion of State licensure exceptions for certain mental health-care professionals

Section 1094(d) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by inserting (A) after (1); and

(B)

by adding at the end the following new subparagraph:

(B)

Notwithstanding any law regarding the licensure of health care providers, a health-care professional described in paragraph (4) may perform the duties relating to mental health care specified in the regulations under subparagraph (B) of that paragraph at any location in any State, the District of Columbia, or a Commonwealth, territory or possession of the United States, regardless of where such health-care professional or the patient are located, so long as the practice is within the scope of the authorized Federal duties specified in that subparagraph.

;

(2)

in paragraphs (2) and (3), by striking paragraph (1) and inserting paragraph (1)(A); and

(3)

by adding at the end the following new paragraph: