S.1867 - National Defense Authorization Act for Fiscal Year 2012112th Congress (2011-2012)
Summary: S.1867 — 112th Congress (2011-2012)
Passed Senate amended (12/01/2011)
National Defense Authorization Act for Fiscal Year 2012 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters.
Subtitle C: Air Force Programs - (Sec. 131) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Authorizes such Secretary to (1) include the use of economic order quantities when resulting in cost savings, as well as cost reduction initiatives; and (2) use incremental funding under such contract for up to six fiscal years. Limits total procurement costs to $3.1 billion, allowing a cost adjustment upon notification to the congressional defense and appropriations committees. Directs such Secretary to: (1) report to such committees within 30 days after entering into such a contract, and (2) submit to such committees a plan to use contract cost savings to improve the capability of military satellite communications. Allows such Secretary to use funds currently available for high frequency satellite space vehicle number 5 for the procurement of parts and the replacement of parts for space vehicle number 6. Expresses the sense of Congress that such Secretary should not enter into such a contract until determining that it will save the Air Force 20% or more over procuring two satellites separately.
(Sec. 132) Earmarks the use of specified B-2 bomber aircraft funds for: (1) research, development, test, and evaluation on a conventional mixed load capability for such aircraft, and (2) supporting alternative options for the extremely high frequency terminal Increment 1 program of record. Directs the Secretary of the Air Force to submit to the defense and appropriations committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 and other aircraft.
(Sec. 134) Prohibits this Act's funds from being obligated or expended: (1) to retire any B-1 bomber aircraft before the date on which the Secretary of the Air Force submits to the defense and appropriations committee a plan for retiring such aircraft; and (2) after such date, to retire more than six of such aircraft. Expresses the sense of Congress that: (1) at least 60% of the savings achieved in each year through 2022 resulting from such retirements should be reinvested in modernizing and sustaining bomber aircraft, and (2) at least 35% of such amount should be reinvested in modernizing and sustaining the remaining B-1 fleet through such period.
(Sec. 135) Prohibits the Secretary of the Air Force from taking any action to prevent maintaining the U-2 aircraft fleet in its current configuration and capability beyond FY2016 until the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense, appropriations, and intelligence committees that the operating and sustainment costs for the Global Hawk unmanned aerial vehicle are less than comparable costs for the U-2 on a flight-hour basis.
(Sec. 136) Directs the Secretary of the Air Force, as of October 1, 2011, to maintain a total inventory of strategic airlift aircraft of not less than 301.
(Sec. 137) Directs the Secretary of the Army, upon a determination to retire a C-23 aircraft, to first offer it for transfer, without charge, to the chief executive officer of the state in which the aircraft is based. Allows such aircraft, after transfer, to continue to be utilized by the National Guard of that state. Requires the state, after the transfer, to assume all aircraft maintenance and operational costs.
Subtitle D: Joint and Multiservice Matters - (Sec. 151) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to include in quarterly reports on the use of combat mission requirement funds a table setting forth the requirements approved during the fiscal year in which the report is submitted and the two preceding fiscal years, as well as a statement of any unspent funds for such period.
(Sec. 152) Directs the Secretary of Defense (Secretary), in entering into a contract for the procurement of the F-35 Lightning II Joint Strike Fighter aircraft, to ensure that the contract: (1) is a fixed-price contract, and (2) requires the contractor to assume full responsibility for contract costs above the target cost.
(Sec. 153) Requires the Under Secretary, at the same time as submission of the FY2013 budget, to report to the defense committees on DOD plans to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 within the Joint Strike Fighter aircraft program.
(Sec. 154) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for UH-60M/HH-50M and MH-60R/MH-60S helicopters.
(Sec. 155) Directs the Under Secretary to designate the undersea mobility acquisition program of the U.S. Special Operations Command as a major defense acquisition program (MDAP).
(Sec. 156) Requires the Secretary to: (1) develop and carry out a plan for the orderly transfer of the Air Force C-12 Liberty intelligence, surveillance, and reconnaissance aircraft to the Army; and (2) report to the defense, appropriations, and intelligence committees on such plan.
(Sec. 157) Directs the Air Force Audit Agency to submit to the defense and appropriations committees the results of a financial audit of funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System aircraft re-engining program.
(Sec. 158) Requires the Secretary to report to the defense and appropriations committees on the development of the short take-off, vertical landing variant of the Joint Strike Fighter.
(Sec. 159) Authorizes the Secretary to transfer to the United Kingdom an F-35 Lightning II aircraft in the carrier variant configuration in exchange for such an aircraft in the short take-off and vertical landing configuration. Provides: (1) funding for the aircraft to be exchanged by the United States, and (2) exchange implementation through a memorandum of understanding.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Prohibits: (1) the use of this Act's funds for RDT&E on the F136 engine; or (2) such RDT&E conducted by a contractor from being considered an allowable charge on any future government contract.
(Sec. 212) Prohibits the obligation or expenditure of funds earmarked for Increment 2 of the B-2 bomber aircraft extremely high frequency satellite communications program until the Secretary of the Air Force submits to the defense and appropriations committees a program certification and a plan setting forth the projected cost and schedule for certain RDT&E under the program.
(Sec. 213) Limits to 50% the obligation or expenditure of funds for the unmanned carrier launched airborne surveillance and strike program until the Under Secretary certifies to the defense and appropriations committees the approval of an acquisition plan for such program.
(Sec. 214) Prohibits the granting of Milestone B approval for the Marine personnel carrier until 30 days after submission to the defense and appropriations committees of an analysis of alternatives for the amphibious combat vehicle. Outlines analysis requirements. Prohibits Milestone B approval for certain other Marine Corps ground combat vehicles until 30 days after submission to such committees of a life-cycle assessment of such vehicles performed by the DOD Director of Cost Assessment and Program Evaluation.
Subtitle C: Missile Defense Matters - (Sec. 231) Amends the Skelton Act to direct the Comptroller General (CG), at the end of each of FY2012-FY2015, to review required annual DOD reports on acquisition baselines and variances of missile defense acquisition programs and assess the extent to which the Missile Defense Agency (MDA) has achieved its acquisition goals and objectives, and report assessment results to the defense and appropriations committees.
(Sec. 232) Expresses the sense of Congress that: (1) it is essential for the Ground-based Midcourse Defense (GBMD) element of the Ballistic Missile Defense System to achieve appropriate levels of reliability, availability, sustainability, and operational performance against limited future missile attacks from nations such as North Korea and Iran; (2) the MDA should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the GBMD system, design a correction of the problem, and verify that such correction is effective and will allow the GBMD to reach the capabilities described above; (3) before such verification, the MDA 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 MDA has verified the correction of the problem, it should assess the need for any additional ground-based interceptors and any additional steps needed for the GBMD testing and sustainment program; and (5) DOD should plan for and budget sufficient future funds for the GBMD to ensure the ability to complete and verify an effective correction of the problem. Requires two annual reports from the Secretary to the defense and appropriations committees on DOD plans to correct the problem, and progress toward achievement of such plan.
(Sec. 233) Expresses the sense of Congress that: (1) it is in the U.S. national security interest to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States, its North Atlantic Treaty Organization (NATO) 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 and a multilateral basis with its NATO allies, particularly through the NATO-Russia Council; (3) missile defense cooperation with Russia should not in any way limit U.S. or NATO missile defense capabilities and should be mutually beneficial and reciprocal in nature; and (4) the United States should pursue appropriate missile defense cooperation with Russia. Requires a report from the President to the defense, appropriations, and foreign relations committees on the status of efforts to reach agreement with Russia on missile defense cooperation.
(Sec. 234) Directs the Secretary to submit to the defense and appropriations committees the findings and conclusions of the homeland missile defense hedging strategy review, including the feasibility and advisability of establishing a missile defense site on the east coast of the United States.
Subtitle D: Reports - (Sec. 251) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend through 2020 requirements for a biennial roadmap and annual review and certification of funding for the development of hypersonics.
Subtitle E: Other Matters - (Sec. 261) Amends the Skelton Act to require the contractor to bear at least 50% of the cost of activities for enhancing or enabling the exportability of certain designated defense systems.
(Sec. 262) Authorizes the Secretary of the Army to acquire real property and associated interests in the vicinity of Hanover, New Hampshire, as needed for research and engineering laboratory facilities. Prohibits such Secretary from paying more than fair market value for such property and interests.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Establishes periodic goals, covering FY2015-FY2024, for DOD production or procurement of its total facility energy consumption from renewable energy sources.
(Sec. 312) Directs the Secretary to report annually to Congress on defense environmental programs.
(Sec. 313) Authorizes the Secretary of the Navy to transfer specified funds to the Environmental Protection Agency (EPA) as payment in connection with a remedial investigation/feasibility study for the Jackson Park Housing Complex, Washington.
(Sec. 314) Prohibits funds from being used for deciding or adjudicating any claim regarding water contamination at Camp Lejeune, North Carolina, unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies to the defense committees. Provides for the resolution of certain disputes in connection with such claims.
(Sec. 315) Amends the Act to Prevent Pollution from Ships to provide an exclusion from such Act's ship pollutant discharge requirements for military ships that have unique military design, construction, manning, or operation requirements and cannot comply with such requirements because it is not technologically feasible or would impair the operations or operational capability of the ship. Provides updated pollution discharge requirements for military vessels at sea.
(Sec. 316) Requires the Secretary to include opportunities to enhance energy security and reliability of defense facilities and missions when considering the development and implementation of the DOD energy performance master plan.
(Sec. 317) Directs the Secretary to require information generated by installation energy meters to be captured and tracked to determine baseline energy consumption.
(Sec. 318) Requires the Secretary to: (1) establish a training policy for DOD energy managers designated for military installations, (2) issue such policy within 180 days after the enactment of this Act, and (3) brief the defense committees on the policy.
Subtitle C: Workplace and Depot Issues - (Sec. 321) Requires investment funds included in the capital budget of specified military depots to be used to modernize or improve the efficiency of facilities, equipment, work environment, or processes in direct support of depot operations. Excludes the use of such funds for depot repair or other activity to maintain or sustain existing facilities, infrastructure, or equipment. Adds nine Army depots to the covered depots.
(Sec. 322) Prohibits the Secretary or the Secretary of the military department concerned (Secretary concerned) from issuing guidance, regulations, policy, or revisions to any DOD or military department instructions containing a revision to the definition of depot-level maintenance unless the Secretary reports to the defense and appropriations committees on the advisability of establishing a single definition of such term.
(Sec. 323) Authorizes the Secretary or the Secretary concerned to designate any military industrial facility as a center of industrial and technical excellence.
(Sec. 324) Requires the Secretary to report to the defense and appropriations committees on the status of the drawdown, retrograde, and reset program for equipment used in support of operations in Iraq and Afghanistan, as well as the status of the overall supply chain management for depot-level activities.
Requires the Secretary of the Air Force to contract with a federally funded research and development center to report to the defense and appropriations committees on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes.
Subtitle D: Reports - (Sec. 331) Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations, (2) create a master plan of requirements and investments to meet Air Force training and test needs through 2025, and (3) submit to the defense and appropriations committees an interim and final report on plan implementation.
(Sec. 332) Requires the Commander of the U.S. Special Operations Command to: (1) conduct a study on the ability of existing special operations training ranges to support the full spectrum of missions and operations assigned to special operations forces, and (2) submit to the defense and appropriations committees a plan on meeting special operations training requirements through 2025.
(Sec. 333) Directs the Secretary to: (1) survey the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments, and (2) report to the defense and appropriations committees on the advisability of establishing service life extension programs for such classes of vehicles.
(Sec. 334) Revises the deadline for an annual report on budget shortfalls for implementing DOD operational energy strategy.
Subtitle E: Other Matters - (Sec. 341) Allows Army industrial facilities to enter into up to 15 (under current law, 8) contracts or cooperative arrangements with non-Army entities to carry out certain authorized activities related to such facilities. Extends through FY2025 the authority to enter into such contracts or arrangements.
(Sec. 342) Requires all capital assets financed by a DOD working-capital fund to be capitalized and depreciated for budgeting, rate-setting, and financial accounting purposes.
(Sec. 343) Amends the Skelton Act concerning the commercial sale by DOD of small arms ammunition and ammunition components in excess of military requirements to allow the commercial resale of only intact expended small arms cartridge cases. States that such commercial sale provisions shall not apply to ammunition or components stored or expended outside the United States. Requires all such sales to be subject to all applicable explosives safety and trade security controls.
(Sec. 345) Requires: (1) the Secretary to develop guidance for commanders of military installations inside the United States on planning to minimize the effects of disruption of services by a utility that sells natural gas, water, or electricity to such installation; (2) such commanders to develop appropriate action plans to minimize such effects; and (3) the CG to review actions taken and report to Congress on the guidance developed.
(Sec. 346) Authorizes the Secretary to establish a program to provide transportation on DOD aircraft on a space-available basis for: (1) active duty and reserve members holding a valid Uniformed Services Identification and Privilege Card; (2) retired members who, but for not attaining age 60, would be eligible for military retired pay; (3) an unremarried widow or widower of an active or reserve member; and (3) certain dependents of members described above. Allows the Secretary to establish an order of priority based on considerations of military needs and readiness. Requires the CG to review such program.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Authorizes the Secretary to allow the Secretary concerned to provide a voluntary retirement incentive payment (VRIP) to officers who: (1) have served on active duty for more than 20 but not more than 29 years on the approved date of retirement; (2) meet the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer; (3) on the approved date, have 12 months or more remaining on active duty before reaching the maximum retirement years for the member's grade, or under any other provision of law; and (4) meet any additional requirements as specified by the Secretary concerned. Provides VRIP exclusions. Makes the maximum VRIP payment 12 times the officer's monthly basic pay at the time of retirement. Requires repayment for members who return to active duty, but allows the Secretary to waive repayment when recovery would be against equity and good conscience or contrary to the best U.S. interests. Terminates the VRIP as specified by the Secretary, but no later than December 31, 2018.
(Sec. 503) Authorizes the Secretary, on a case-by-case basis, to assign a graduate of the National Defense University who is not designated as a joint qualified officer to a joint assignment other than a joint duty assignment. Excludes from the requirement to be assigned to a joint duty assignment after graduation those joint qualified officers and other officers who graduate from a school within the National Defense University following pursuit of a program on an other-than-in-residence basis.
(Sec. 504) Includes within the definition of "joint duty assignment" all instructor assignments for joint training and education.
Subtitle B: Reserve Component Management - (Sec. 511) Authorizes the Secretary concerned, when necessary to augment the active forces for a preplanned mission, to order any unit or unassigned member of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential, to active duty, without the consent of the member, for not more than 365 consecutive days. Outlines activation limitations, including a limit of 60,000 members under such order. Excludes members so ordered from active-duty end strength limits. Directs the Secretary concerned to notify Congress when exercising such authority, including the circumstances necessitating such action. Terminates such duty by law or by order of the Secretary concerned. Requires, when determining which members will be so ordered, appropriate consideration to be given to: (1) length and nature of previous service; (2) frequency of assignments during service career; (3) family responsibilities; and (4) employment necessary to maintain the national health, safety, or interest.
(Sec. 512) Makes reserve officer military technicians (dual status) who have been retained beyond their mandatory removal date for years of service ineligible for consideration for promotion by a mandatory promotion board.
(Sec. 513) Allows preseparation counseling for reserve members being demobilized to commence less than 90 days before their projected date of discharge or release from active duty when operational requirements make the full 90- day requirement unfeasible.
(Sec. 514) Directs the Secretary to: (1) study the feasibility and advisability of terminating the military technician as a distinct DOD personnel management category, and (2) report study results to the defense and appropriations committees.
(Sec. 515) Authorizes the Secretary, upon request of a state governor for federal assistance in responding to a major disaster or emergency, to order a unit or member of the reserves to active duty for a continuous period of up to 120 days to provide such assistance. Excludes members so serving from reserve personnel end strength limits. Provides for the termination of such duty by order of the Secretary or by law. Requires the usual and customary command and control arrangement with respect to regular and reserve armed forces serving simultaneously in support of civil authorities during such a disaster or emergency.
Subtitle C: General Service Authorities - (Sec. 521) Repeals the requirement that the Secretary pay a high-deployment allowance for members deployed in excess of specified periods.
(Sec. 522) Prohibits a member from being denied reenlistment for unsuitability based on the same medical condition for which they were determined by a physical evaluation board to be fit for duty.
(Sec. 523) Allows any enlisted member to be discharged within one year (under current law, three months) before the expiration of their enlistment or extended enlistment.
(Sec. 524) Extends through 2018 DOD authority to pay voluntary separation pay and benefits to eligible members voluntarily separated from active duty.
(Sec. 525) Authorizes the Secretary concerned to carry out one or more programs to provide eligible members with job training and employment skills training for civilian employment. Makes eligible for such program members who: (1) have completed at least 180 days of active duty, and (2) are expected to be discharged or released from such duty within 180 days after participation in the program.
(Sec. 526) Requires the Secretary concerned, for the purposes of recruitment or enlistment, to treat a graduate who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with that state's education laws as a graduate of a secondary school as defined under the Elementary and Secondary Education Act of 1965. Directs the Secretary of Defense to prescribe a policy that incorporates means for identifying such graduates who are qualified for recruitment and enlistment. Requires each Secretary concerned to: (1) develop a recruitment plan and strategy for targeting various segments of potential recruits with all types of secondary education credentials, and (2) develop a communication plan to ensure that the policy and plan are understood by military recruiters.
(Sec. 527) Prohibits a military chaplain from being required to perform a marriage that the chaplain does not wish to perform as a matter of conscience or moral principle.
Subtitle D: Education and Training - (Sec. 541) Allows graduates of the National Defense Intelligence College to receive credit for completing joint professional military education phase I. Eliminates the requirement that the curriculum for phase II instruction at the Joint Forces Staff College be taught only in residence.
(Sec. 542) Allows certain military medical students, while on active duty, to serve in pay grade O-2 (under current law, all such students serve in pay grade O-1) if they meet specified criteria prescribed by the Secretary concerned. Requires officers detailed as a student at a medical school to serve on active duty in the same grade (with the same entitlements) in which they served before such detail.
(Sec. 543) Authorizes the Secretary concerned to enter into agreements to pay a stipend to individuals eligible to be appointed as a reserve officer and enrolled or accepted in a course of study that results in a degree in clinical psychology or social work. Requires, under each agreement, that the individual serve, upon completion of the educational program, one year in the Ready Reserve for each six months for which the stipend is provided.
(Sec. 544) Authorizes the Secretary of the Air Force to provide for the enrollment of certain seriously wounded, ill, or injured former or retired enlisted personnel in associate degree programs of the Community College of the Air Force in order to complete their degree program requirements. Prohibits participation by any individuals after the end of the 10-year period following their separation from active duty.
(Sec. 545) Allows the Secretary concerned to issue arms, tentage, and equipment to an educational institution at which no unit of the Junior Reserve Officers' Training Corps is maintained if such 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.
(Sec. 546) Authorizes the Secretary concerned to waive the maximum age limit for admission to the military service academies if the individual: (1) satisfies all other admission eligibility requirements; and (2) was or is prevented from admission before reaching the maximum age limit as a result of active duty service in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Prohibits: (1) any waiver in which the candidate would pass his or her 26th birthday by July 1 of the year of admission, and (2) more than five candidates from being admitted to each service academy under such waiver. Requires a report from each department Secretary to the defense committees on the exercise of the waiver authority.
(Sec. 547) Directs the Secretary to carry out a pilot program to assess the feasibility and advisability of allowing enlisted personnel to obtain civilian credentialing or licensing for skills required for military occupational specialties or qualification for duty specialty codes. Requires the Secretary to: (1) designate at least three and no more than five specialties or codes for coverage under the pilot program, and (2) report to Congress on the program.
Subtitle E: Military Justice and Legal Matters Generally - (Sec. 551) Amends article 120 of the Uniform Code of Military Justice (UCMJ) involving offenses of rape, sexual assault, and other sexual misconduct to divide such article into three separate articles covering: (1) offenses of rape and sexual assault of any person; (2) sexual offenses against children under age 16; and (3) other nonconsensual sexual misconduct offenses. Defines "child" for purposes of such provisions as one under age 16 (under current law, under 12). Includes as sexual assaults committing a sexual act upon another person: (1) knowing that the other person is asleep, unconscious, or otherwise unaware that the act is occurring; and (2) when the other person is incapable of proper consent due to impairment, mental disease or defect, or physical disability. Provides that marriage is not a defense for any conduct in issue under the offenses of rape and sexual assault. Repeals provisions concerning the defenses of consent and mistake of fact as to consent, as well as other affirmative defenses not being precluded simply by their omission. States specifically that: (1) a sleeping, unconscious, or incompetent person cannot consent; (2) a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; and (3) a person cannot consent while under threat or in fear. Includes under other sexual misconduct the indecent viewing, visual recording, or broadcasting of the private area of another person without their consent and under circumstances in which the other person has a reasonable expectation of privacy.
(Sec. 552) Amends the UCMJ to authorize the issuance of subpoenas to compel the production of documentary evidence prior to trial by court-martial. Repeals obsolete provisions relating to fees and mileage allowance payable to witnesses.
(Sec. 553) Requires final decisions of the Secretary or the Secretary concerned which result in the denial of the correction of a personnel record of a member or former member to include a concise written statement of the factual and legal basis for such decision, together with a statement of the procedure and time for obtaining further review. Requires the individual to submit a review request within 90 days after a decision resulting in denial of correction of such record. Requires the decision of a military corrections board to include a thorough advisory opinion if it involves a historically significant military event, if the corrective action modifies a disciplinary action, or if it includes a promotion decision regarding a general or flag officer that would require Senate confirmation.
Sets forth procedures for the judicial review of decisions based on correction board actions, including a requirement that the individual request correction of the record before judicial review may proceed. Allows individuals to seek judicial review within three years after receiving the final decision of a correction board.
(Sec. 554) Authorizes the Secretary to provide support to one or more public or private programs designed to facilitate representation by attorneys who provide pro bono legal assistance to military personnel in need of representation. Provides funding.
Subtitle F: Sexual Assault Prevention and Response - (Sec. 561) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or from DOD employees in a comparable Senior Executive Service position.
(Sec. 562) Directs the Secretary to: (1) issue guidance to implement certain recommendations of the Report of the Defense Task Force on Sexual Assault in the Military Services, and (2) report to Congress on the status of implementation of such recommendations.
(Sec. 563) Requires the Secretaries concerned to prescribe regulations on the provision of legal assistance to victims of sexual assault. Allows a member of the Armed Forces (member) who is the victim of a sexual assault to be provided: (1) legal assistance by military or civilian legal assistance counsel, or (2) assistance through a Sexual Assault Response Coordinator or Sexual Assault Victim Advocate. Requires a member-victim to be informed of the availability of the various types of assistance at the time the member first seeks assistance. Allows a member-victim to confidentially disclose assault details to any of the above individuals, health care personnel, or a chaplain, and receive medical treatment, legal assistance, or counseling without initiating an official investigation.
(Sec. 564) Directs the President to establish in the Manual for Courts-Martial an evidentiary privilege against disclosure of certain circumstances by victims of sexual assault made to Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and such other persons as the President shall specify.
(Sec. 565) Requires the Secretaries concerned to provide guidance on expedited consideration and decision-making on requests for a permanent change of station or unit transfer submitted by a member-victim serving on active duty.
(Sec. 566) Directs the Secretary to: (1) develop a comprehensive DOD policy on the retention of and access to evidence and records relating to sexual assaults involving members, and (2) ensure that such policy is implemented uniformly by the military departments.
Subtitle G: Defense Dependents' Education - (Sec. 571) Earmarks specified DOD O&M funds: (1) to assist local educational agencies (LEAs) having a significant number of dependents of members and DOD civilian employees enrolled in their schools, and (2) for impact aid for children with severe disabilities.
(Sec. 573) Amends the Warner Act to authorize additional forms of assistance to LEAs serving military dependent students who do not attend Department of Defense Education Activity schools. Extends such authority through FY2016.
Subtitle H: Military Family Readiness - (Sec. 576) Revises the membership and terms of office on the Department of Defense Military Family Readiness Council.
(Sec. 577) Directs the CG to review all current DOD military spouse employment programs, and report review results to the defense and appropriations committees. Requires the Secretary to submit to such committees the number of spouses who have obtained employment following participation in military spouse employment programs.
Subtitle I: Other Matters - (Sec. 581) Authorizes the Secretary to allow the Secretaries concerned to issue a Cold War Service Medal to eligible individuals.
(Sec. 582) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 relating to the Yellow Ribbon Reintegration Program (military-to-civilian transition assistance) to: (1) include federal and state-led programs of outreach under the Program, and (2) add to Program functions the development and implementation of a process for identifying best practices in the delivery of information and services in outreach programs.
(Sec. 583) Directs the Secretary to submit to Congress an assessment of the feasibility and advisability of the establishment by the military departments of a process to expedite the determination of disability with respect to members who suffer from certain disabling diseases or conditions.
(Sec. 584) Requires the Secretary to report to the defense committees on the achievement of diversity goals for the leadership of the Armed Forces.
(Sec. 585) Amends the Uniformed and Overseas Citizens Absentee Voting Act to apply to overseas voters (under current law, only to absent uniformed services voters) the prohibition against U.S. states from refusing to accept or process valid applications for voter registration and absentee ballots on the grounds of premature submission.
(Sec. 586) Authorizes and requests the President to award the Medal of Honor posthumously to Captain Emil Kapaun for acts of valor during the Korean War.
(Sec. 587) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Captain Fredrick L. Spaulding for acts of valor during the Vietnam War.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Bonuses and Special and Incentive Pays - (Sec. 611) Extends through 2012 specified authorities currently scheduled to expire at the end of 2011 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 612) Requires hostile fire and imminent danger pay and hazardous duty pay to be prorated according to the number of days spent in a qualifying area. (Under current law, such payments are made on a monthly basis.)
Subtitle B: Consolidation and Reform of Travel and Transportation Authorities - (Sec. 621) Provides revised and updated definitions, administrative provisions, and general and specific authorities concerning military travel and transportation. Authorizes the Secretary to conduct pilot programs to evaluate alternative methods for performing and reimbursing travel, for limiting the need for travel, and for reducing the environmental impact of travel. Requires pilot program reports.
Directs the Secretary, the Secretary of Homeland Security (with respect to the Coast Guard when not operating as a service in the Navy), the Secretary of Commerce (with respect to the National Oceanic and Atmospheric Administration [NOAA]), and the Secretary of Health and Human Service (with respect to the Public Health Service) (administering Secretaries) to establish programs of compliance to ensure the integrity of the defense travel system, minimize fraud and waste, and ensure that benefits do not exceed actual expenses of travel or reasonable allowances based on commercial travel rates. Require that all DOD travel claims be processed electronically within five years after the enactment of this Act.
Recodifies and renumbers current military travel and transportation authorities. Terminates current authorities with respect to travel that occurs after ten years after the enactment of this Act. Makes technical and clerical amendments necessitated by the recodified and renumbered authorities.
(Sec. 622) Directs the Secretary to develop a plan to implement the transition from current military travel and transportation authorities to the revised and updated authorities within the 10-year period following the enactment of this Act. Requires the Secretary to prepare such plan, and modify current law to facilitate the transition process, in coordination with the administering Secretaries.
Subtitle C: Disability, Retired Pay, and Survivor Benefits - (Sec. 631) Removes members from automatic enrollment as a dependent under the Family Servicemembers' Group Life Insurance program when they are already insured under the Servicemembers' Group Life Insurance program.
(Sec. 632) Limits to 50% the obligation or expenditure of FY2012 funds for travel of the Office of the Under Secretary of Defense for Personnel and Readiness until such Under Secretary reports to the defense and appropriations committees on the implementation of special compensation for members with injury or illness requiring assistance in daily living.
(Sec. 633) Amends the Skelton Act to repeals provisions expressing the sense of Congress concerning age and service requirements for retired pay for non-regular (reserve) service.
(Sec. 634) Authorizes the payment of a death gratuity and related benefits for reserve members who die while staying at their residence, when so authorized, during or between successive days of inactive duty training. Treats such a death as death during inactive duty training. Authorizes payment for the recovery, care, and disposition of remains in such instances.
(Sec. 635) Repeals the reduction of Survivor Benefits Plan (SBP) benefits by the amount received as dependency and indemnity compensation (DIC). Prohibits the recoupment of certain amounts previously refunded to SBP recipients. Repeals the authority for an optional SBP annuity for dependent children, restoring such annuity to previously eligible spouses.
Subtitle D: Pay and Allowances - (Sec. 641) Prohibits reducing the rate of basic allowance for housing paid to a member of the Army or Air National Guard upon the transition of the member from active duty to full-time National Guard duty, or from full-time National Guard duty to active duty, when the transition occurs without a break in active service of at least one day.
Title VII: Health Care Provisions - Subtitle A: TRICARE Program - (Sec. 701) Requires the Secretary, after FY2012, to increase the fee payable for enrollment in TRICARE Prime by the same percentage as any cost-of-living increase for retired pay of members and former members.
(Sec. 702) Provides that TRICARE institutional, professional, and pharmacy networks shall not be considered subcontractors for purposes of the Federal Acquisition Regulation (FAR) or any other law.
(Sec. 703) Amends the NDAA for Fiscal Year 1997 to require beneficiaries enrolled in the Uniformed Services Family Health Plan after September 30, 2011, to transition to TRICARE for Life once they become Medicare-eligible.
(Sec. 704) Amends the NDAA for Fiscal Year 2008 to: (1) extend from 2011 to 2015 the required reporting period on access to health care under TRICARE Standard and TRICARE Extra, and (2) change from semiannually to biennially the frequency of CG reports containing reviews of such reports.
(Sec. 705) Extends until three years after the provision of services the time limit for the submittal of claims under TRICARE for care provided outside the United States or its territories and possessions.
Subtitle B: Other Health Care Benefits - (Sec. 711) Authorizes the Secretary to pay travel expenses to a location inside the United States in the case of a command-sponsored dependent of a member assigned to a remote location outside the United States who requires or elects obstetrical anesthesia services.
(Sec. 712) Extends the normal 180-day period for medical eligibility under the Transition Assistance Management Program, in the case of reserve members called to active duty in support of a contingency operation and then extended for additional active duty, to the 180-day period following the end of the extended duty.
(Sec. 713) Directs the Secretary to prescribe and maintain regulations relating to commanding officer and supervisor referrals of members for mental health evaluations. Requires such regulations to seek to eliminate any perceived stigma associated with seeking and receiving mental health services. Outlines procedures for such evaluations, and prohibits using such referrals to retaliate against whistleblowers.
Subtitle C: Health Care Administration - (Sec. 721) Allows a health-care professional who is a member of the Armed Forces, DOD civilian employee, personal services contractor, or other health-care professional who is credentialed and privileged at a federal health care institution to perform duties relating to mental health care at any location in a state, the District of Columbia, or U.S. territory or possession regardless of where the professional or patient is located, as long as the practice is within the scope of the authorized federal duties.
(Sec. 722) Limits access to medical quality assurance records to peer review activity by or for DOD to assess the quality of medical care.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Provisions Relating to Major Defense Acquisition Programs - (Sec. 801) Allows the waiver of requirements relating to new milestone approval for certain major defense acquisition programs (MDAPs) that experience critical cost growth attributable to changes in the purchase quantity, and not as the result of an increase in program cost, program delay, or meeting program requirements. Directs the Secretary to submit to Congress a written determination to such effect.
(Sec. 802) Amends the Weapon Systems Acquisition Reform Act of 2009 to: (1) repeal the requirement that DOD certify MDAP compliance with actions on the treatment of systemic problems prior to milestone approval, and (2) eliminate the requirement to continually review and revalidate waivers granted under such Act.
(Sec. 803) Directs the Secretary to issue guidance on actions taken to assess, manage, and control DOD costs for the operation and support of major weapon systems. Makes the Director of Cost Assessment and Program Evaluation responsible for developing and maintaining a database on operating and support estimates, supporting documentation, and actual operating and support costs for such systems.
(Sec. 804) Makes the Under Secretary responsible for policies and guidance on cost analyses and targets to be used in contract negotiations.
(Sec. 805) Amends the Skelton Act to allow DOD to tailor manufacturing readiness levels or other manufacturing standards to address the unique characteristics of specific industry sectors or weapon system portfolios.
(Sec. 806) Amends the Warner Act to require each MDAP to be supported by a chief development tester and a government test agency.
(Sec. 807) Directs the Secretary, after the President certifies Congress regarding a proposed cooperative agreement expected to result in the award of a DOD contract for the engineering and manufacturing development of a major weapon system, to submit to the defense committees a risk assessment of the proposed project.
Subtitle B: Acquisition Policy and Management - (Sec. 821) Directs: (1) the Under Secretary to develop a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance databases used for making source selection decisions, and (2) the CG to report to the defense and appropriations committees on actions taken by the Under Secretary pursuant to such strategy.
(Sec. 822) Requires: (1) the Under Secretary to develop a plan for implementing the recommendations of the Defense Science Board Task Force on Improvements to Service Contracting, and (2) the CG to report to such committees on actions taken pursuant to this section.
(Sec. 823) Prohibits the total amount obligated by DOD for contract services in FY2012 or FY2013 from exceeding the total amount requested for such services by DOD in FY2010, adjusted for net transfers from funding for overseas contingency operations. Provides an exception with respect to any increase in the number of civilian DOD billets in such fiscal years. Requires the Secretary to issue guidance to the military departments and defense agencies on the implementation of such limitations.
(Sec. 824) Requires a single annual report on single-award task and delivery order contracts based on exceptional circumstances (in lieu of separate reports on each single-award contract awarded during such year). Requires an explanation of the basis of the determination with respect to a single-award contract in excess of $100 million.
(Sec. 825) Directs the Under Secretary to: (1) incorporate specified corrosion prevention and control recommendations into requirements applicable to the development and acquisition of new weapon systems, (2) develop a plan to achieve such incorporation in a timely and appropriate manner, and (3) incorporate such corrosion prevention and control into the F-22 Raptor and F-35 Lightning II Joint Strike Fighter aircraft. Requires: (1) the Secretary to ensure that the Milestone Decision Authority for an MDAP to consider issues of corrosion and materials degradation within MDAP certification requirements; and (2) the Director of Operational Test and Evaluation to consider corrosion, environmental severity, and duration in the adequacy of operational test and evaluation plans, and include such information in required annual reports.
(Sec. 826) Prohibits the use of funds to implement or carry out any program that creates a price evaluation adjustment that is inconsistent with certain federal court rulings.
(Sec. 827) Applies domestic purchase (Buy American) requirements to the DOD procurement of photovoltaic devices.
Subtitle C: Amendments Relating to General Contracting Authorities, Procedures, and Limitations - (Sec. 841) Provides for the treatment and use of technical data developed through DOD expenditure of certain independent research and development and bid and proposal costs.
(Sec. 842) Prohibits the compensation payable to defense contractor employees from exceeding the annual amount paid to the President of the United States.
(Sec. 843) Amends the Skelton Act to define "covered contracts" for purposes of requirements for contractor business systems.
(Sec. 844) Requires non-defense agencies to comply with defense procurement requirements, including FAR, when making procurements on behalf of DOD.
(Sec. 845) Prohibits the head of a defense agency from requiring a contractor to submit contractor political information as part of a contract solicitation, bid, or proposal, or during any part of contract performance.
(Sec. 846) Waives DOD Buy American requirements for the procurement of components containing specialty metal otherwise producible overseas with specialty metal not produced in the United States.
(Sec. 847) Directs the CG to submit to the defense committees a review and assessment of the noncompetitive contracts and one-offer contracts awarded by DOD during the preceding fiscal year.
(Sec. 848) Directs the Secretary to revise the DOD Supplement to FAR to address the detection and avoidance of counterfeit electronic parts. Requires DOD contractors and subcontractors: (1) whenever possible, to use trusted suppliers (as identified by DOD) when purchasing such parts; and (2) notify the DOD Inspector General of any counterfeit item, part, or material contained in supplies purchased by DOD or by the contractor for delivery to DOD. Directs the Secretary of Homeland Security to establish a methodology for the targeting of imported electronic parts as counterfeit sources. Requires the DOD Secretary to: (1) implement a program for the improvement of contractor systems for the detection and avoidance of counterfeit and suspected counterfeit electronic parts, and (2) take steps to address shortcomings in DOD systems for such detection and avoidance.
Amends the federal criminal code to provide criminal penalties for trafficking in counterfeit military goods or services. Directs the U.S. Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements relating to the sale of counterfeit products to reflect the intent of Congress that penalties for such offenses be increased for defendants that sell such products to or for the use of the Armed Forces or federal, state, or local law enforcement agencies, or for use in critical infrastructure or in national security applications.
(Sec. 849) Requires a report from the Secretary to the defense and appropriations committees on the authorities currently available to DOD for multiyear contracts for the purchase of advanced biofuels.
(Sec. 850) Directs the CG to submit to the defense and appropriations committees, in both 2012 and 2013, an assessment of DOD implementation of justification and approval requirements for certain sole-source contracts.
Subtitle D: Provisions Relating to Wartime Contracting - (Sec. 861) Authorizes the head of a DOD contracting activity to void a contract, or restrict or limit the award of future contracts, to a contractor who has been determined by the Commander of the U.S. Central Command as actively opposing U.S. or coalition forces in a contingency operation in the Central Command theater of operations. Allows such contracting head to authorize the contract termination for default of a contractor who fails to exercise due diligence to ensure that none of the contract funds are awarded to persons actively supporting an insurgency or opposing U.S. or coalition forces in such theater of operations. Requires a report from the Secretary to the defense committees in each of 2013-2015 on the use of such authority. Terminates such authority three years after the enactment of this Act.
(Sec. 862) Authorizes the Secretary to include in defense contracts, grants, and cooperative agreements a clause authorizing the Secretary to examine the records of the contract, grant, or agreement recipient to ensure that contract funds are not subject to extortion or corruption and are not provided to persons or entities supporting an insurgency or actively opposing U.S. or coalition forces in a contingency operation. Requires a report from the Secretary to the defense committees in each of 2013-2015 on the use of such authority. Terminates such authority three years after the enactment of this Act.
(Sec. 863) Establishes in the Treasury the Joint Urgent Operational Needs Fund to fund capabilities determined to be suitable for rapid fielding in response to urgent operational needs. Allows the transfer of funds to such Fund from DOD O&M, procurement, and RDT&E accounts. Terminates Fund use authority on the last day of the third fiscal year following the enactment of this Act. Prohibits any Fund expenditures until the Secretary certifies to the defense and appropriations committees that DOD has developed and implemented an expedited review process in compliance with provisions of the Skelton Act.
(Sec. 864) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to include associated support services within DOD use of rapid acquisition and deployment procedures for urgently needed supplies.
(Sec. 865) Authorizes the Under Secretary to designate a single contracting activity inside the United States to act as the lead contracting activity for the use of domestic capabilities in support of overseas contracting for Operations Enduring Freedom and New Dawn. Authorizes the head of the designated contracting activity, when awarding such a contract inside the United States, to use the larger overseas micro-purchase and simplified acquisition thresholds in the same manner and to the same extent as if the contract were to be awarded outside the United States.
(Sec. 866) Requires that the Quadrennial Defense Review, National Military Strategy, and other major military planning documents address the expected roles and responsibilities of contractors in military operations and risks associated with the assignment of functions to contractors.
Subtitle E: Other Matters - (Sec. 881) Extends, to include by way of direct appropriation or deposit, the availability of funds in the Defense Acquisition Workforce Development Fund.
(Sec. 882) Revises the delegation of authority for determinations on the DOD making of cooperative research and development agreements with NATO and other U.S.-friendly countries and organizations.
(Sec. 883) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the Civil Reserve Air Fleet program.
(Sec. 884) Authorizes DOD to acquire right-hand drive passenger vehicles, at a cost of up to $40,000 each. Requires such cost limit to be adjusted annually for inflation.
(Sec. 885) Amends the Small Business Act to extend through FY2018: (1) the Small Business Innovation Research (SBIR) program, (2) the Small Business Technology Transfer (STTR) program, and (3) the small business commercialization pilot program. (This section is subsequently repealed by sec. 5003.)
(Sec. 886) Amends the NDAA for Fiscal Years 1990 and 1991 to extend through FY2014 a test program for the negotiation of comprehensive small business subcontracting plans. Extends an associated report requirement.
(Sec. 887) Amends the NDAA for Fiscal Year 1991 to extend through FY2015 the DOD mentor-protege pilot program.
(Sec. 888) Directs the Secretary to report to the defense committees on fire-resistant and fire-retardant fibers and materials used in military products.
(Sec. 889) Requires the Secretary to either redesignate the Evolved Expendable Launch Vehicle program as a major defense acquisition program (MDAP) not in the sustainment phase, or require such program to provide to the: (1) defense and appropriations committees specified cost, schedule, and performance information as if it were a MDAP; and (2) Under Secretary a quarterly cost and status report and earned value management data.
(Sec. 890) Directs the Under Secretary to: (1) assess the current and long-term availability within the United States and international industrial base of critical equipment, components, and materials needed to support current and future U.S. military requirements for night vision image intensification sensors; and (2) submit assessment results to Congress.
(Sec. 891) Requires the Secretary, concurrent with the FY2013 defense budget, to submit specified information concerning implementation of the DOD acquisition strategy for the Evolved Expendable Launch Vehicle. Directs the CG to submit to the defense and appropriations committees an assessment of the Secretary's information and recommendations.
(Sec. 892) Directs DOD to submit to the defense, appropriations, and foreign relations committees an assessment of the 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) Requires the Deputy Secretary of Defense to be appointed from among those most highly qualified by background and experience, including management experience.
(Sec. 902) Directs the Secretary to designate a senior DOD official with principal responsibility for DOD airship programs, and to set forth appropriate responsibilities of the position.
(Sec. 903) Requires each department Secretary to enter into a memorandum of agreement with the Commander of the Special Operations Command establishing procedures for the synchronization of general purposes forces with the training and deployment cycle of special operations forces.
(Sec. 904) Establishes the positions of Commandant and Provost and Academic Dean at the Air Force Institute of Technology, with appropriate qualifications and responsibilities. Provides a five-year term for each, but authorizes an additional five-year term for the Commandant.
(Sec. 905) Makes permanent DOD authority: (1) for the direct hiring of scientists and engineers for defense laboratory positions, (2) to fund defense laboratories for research and development of technologies for military missions, and (3) for unspecified minor military construction projects related to defense laboratory revitalization. Requires the Secretary to: (1) assess current requirements of defense laboratories for the revitalization and recapitalization of infrastructure, and (2) submit an interim and final report to the defense and appropriations committees on such assessment.
(Sec. 906) Directs the Secretary to: (1) assess current and potential mechanisms to permit DOD to employ non-U.S. citizens with critical scientific and technical skills vital to U.S. national security interests, and (2) submit an interim and final report to the defense and appropriations committees on such assessment.
(Sec. 907) Expresses the sense of Congress encouraging DOD to continue the use and enhancement of modeling and simulation across the spectrum of defense activities, including acquisition, analysis, experimentation, intelligence, planning, medical, test and evaluation, and training.
(Sec. 908) Expresses the sense of Congress that the successor organization to the United States Joint Forces Command, the Joint Warfighting and Coalition Center, should establish close ties with the Allied Command Transformation command of NATO.
(Sec. 909) Directs the Secretary to submit to the defense and appropriations committees a description and assessment of the effects of planned personnel reductions at the Joint Warfare Analysis Center.
Subtitle B: Space Activities - (Sec. 911) Authorizes the Secretary, in order to assist the Secretary of Transportation with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to: (1) maximize the use of DOD STI by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Establishes the Defense Cooperation Space Launch Account for such purposes. Requires an annual report from the Secretary to the defense and appropriations committees on funds, services, and equipment accepted and used for such purposes.
(Sec. 912) Provides that if the Secretary determines that a MDAP to purchase space vehicles requires delivery in two or more increments, the Secretary may designate each increment as a major subprogram for purposes of acquisition reporting requirements.
(Sec. 913) Expresses the sense of Congress on the importance of the reliable, uninterrupted provision of precision navigation and timing signals by Global Positioning System (GPS) satellites owned and operated by DOD. Directs the Secretary to: (1) assess the ability of national security GPS receivers to receive signals without interruption or interference, and determine if commercial communications services are or will cause interference with such signals; and (2) notify the defense and appropriations committees upon a positive determination of interruption or interference.
Subtitle C: Intelligence Matters - (Sec. 921) Authorizes the Secretary to allow the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services relating to areas outside the United States to a nongovernmental organization or academic institution engaged in geospatial information research or production of such areas.
(Sec. 922) Authorizes the Secretary to maintain, repair, and exercise jurisdiction over a facility if necessary to provide security for authorized DOD intelligence collection or special operations activities abroad.
(Sec. 923) Requires the Director of the Defense Information Systems Agency to implement a mechanism to publish and maintain on the public Internet specified information on and resources for the Ozone Widget Framework in order to permit individuals and companies to develop, integrate, and test analysis tools and applications for use by DOD and elements of the intelligence community. Requires such Director to encourage and foster the use of such Framework by the computer industry and commercial information technology vendors.
(Sec. 924) Directs the Under Secretary of Defense for Intelligence to: (1) develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise, (2) conduct a pilot program to demonstrate its capability to perform specified functions, and (3) report to the defense, appropriations, and intelligence committees on incorporation actions taken.
Subtitle D: Cybersecurity Matters - (Sec. 931) Requires the Secretary to: (1) develop and implement a plan to augment the cybersecurity strategy of DOD through the acquisition of advanced capabilities to discover and isolate penetrations and attacks that were previously unknown and for which signatures have not been developed for incorporation into computer intrusion detection and prevention systems and anti-virus software systems, and (2) report to the defense and appropriations committees on such plan.
(Sec. 932) Directs the Secretary to carry out a program to support DOD policy on sustaining and expanding information sharing by adopting and improving technical and procedural capabilities to detect and prevent unauthorized personnel from acquiring and exporting information from classified networks. Requires annual DOD budget justification materials to include information on such program.
Title X: General Provisions - Subtitle A: Financial Matters - (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Revises requirements for the review and approval of expenditures for a defense business system modernization program to allow the appropriate chief management officer for the program to waive program review and approval requirements if such officer determines that the program is necessary: (1) to achieve a critical national security capability or address a critical requirement in an area such as safety or security, or (2) to prevent a significant adverse effect on a project needed to achieve an essential capability. Extends current review and approval requirements to decisions to expend funds on the O&M of existing business systems, as well as to business systems acquired with nonappropriated funds. Directs the Secretary to establish an investment review board and investment management process with respect to such programs. Extends program report requirements through 2016.
(Sec. 1003) Authorizes the Secretary to prescribe professional certification and credential standards for financial management (under current law, accounting) positions within DOD. Allows the Secretary to either: (1) require the standards to apply immediately to all DOD personnel holding financial management positions, or (2) delay the imposition of such standard for a reasonable period to permit persons holding such positions to comply.
(Sec. 1004) Requires sums received as reimbursement for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 1005) Amends the NDAA for Fiscal Year 2010 to require a complete and validated full statement of DOD budget resources by September 30, 2014.
(Sec. 1006) Directs that a DOD audit readiness plan report required under the above Act include objectives and milestones for each military department and defense agency to ensure that statements of DOD budgetary resources meet the goal of being validated for audit by the above date. Requires semiannual updates concerning progress in meeting such goal.
Subtitle B: Counter-Drug Activities - (Sec. 1011) Amends the NDAA for Fiscal Year 1991 to extend through FY2016 DOD authority to provide additional support for counterdrug activities of other governmental agencies. Includes tribal law enforcement agencies within authorized governmental agencies.
(Sec. 1012) Amends the NDAA for Fiscal Year 1998 to extend through FY2017 DOD support for counterdrug activities of certain foreign governments. Increases the maximum annual expenditure limit. Provides 13 additional countries eligible for such support.
(Sec. 1013) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend to 2012 a reporting requirement on expenditures to support foreign counter-drug activities.
(Sec. 1014) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Provides a FY2012 limitation on the use of such authority.
(Sec. 1015) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2012 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
Subtitle C: Naval Vessels and Shipyards - (Sec. 1021) Prohibits the obligation or expenditure of funds to place a Maritime Prepositioning Ship squadron or component on reduced operating status until the later of the date on which: (1) the Commandant of the Marine Corps submits a report assessing the impact of such placing on military readiness, (2) the Chief of Naval Operations describes Navy plans for such placing, or (3) the Secretary certifies that the risks of such placing to readiness are acceptable.
(Sec. 1022) Amends the Warner Act to authorize the Secretary of the Navy to demilitarize the aircraft carrier John F. Kennedy in preparation for transfer to retired status. (Under current law, such Secretary is required to maintain the ship in a status that would allow its return to active service in the event of a national emergency.)
(Sec. 1023) Directs the Secretary of the Navy to maximize the safety and effectiveness of all vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting of hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to NATO and/or coalition forces operating with the Armed Forces. Directs the Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support such Agency's preparation of maps, charts, books, and geodetic products.
(Sec. 1024) Requires a report from the Secretary to Congress on the policies and practices for naming Navy vessels.
(Sec. 1025) Directs the: (1) Secretary of the Navy to conduct an analysis of the costs and benefits of stationing additional DDG-51 class destroyers at Naval Station Mayport, Florida; and (2) CG to submit to Congress an assessment of whether or not the analysis complies with applicable best practices.
(Sec. 1026) Authorizes the Secretary of the Navy to provide a specified amount to the Maritime Administration for the transfer to the Navy of two high-speed ferries for use as DOD sealift vessels.
Subtitle D: Detainee Matters - (Sec. 1031) Affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force includes the authority for U.S. Armed Forces to detain covered persons pending disposition under the law of war. Defines a "covered person" as a person who: (1) planned, authorized, committed, or aided the terrorist attacks on the United States of September 11, 2001, or harbored those responsible for such attacks; or (2) was part of or substantially supported al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners. Requires the Secretary to regularly brief Congress on the application of such authority.
(Sec. 1032) Requires U.S. Armed Forces to hold in custody pending disposition a person who was a member or part of al Qaeda or an associated force and participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners. Authorizes the Secretary to waive such requirement in the national security interest. Makes such requirement inapplicable to U.S. citizens or U.S. lawful resident aliens. Outlines implementation procedures.
(Sec. 1033) Prohibits FY2012 DOD funds from being used to transfer any individual detained at Naval Station, Guantanamo Bay, Cuba (Guantanamo) to the custody or control of that individual's country of origin, other foreign country, or foreign entity unless the Secretary makes a specified certification to Congress, including that the transferee country or entity is not a state sponsor of terrorism or terrorist organization and has agreed to ensure that the individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits any such transfer if there is a confirmed case of an individual who was transferred to a foreign country and subsequently engaged in terrorist activity. Authorizes the waiver of such prohibition in the national security interest.
(Sec. 1034) Prohibits FY2012 funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual detained at Guantanamo for purposes of detention or imprisonment by DOD, unless authorized by Congress. Provides an exception.
(Sec. 1035) Directs the Secretary to submit to the defense and intelligence committees procedures for implementing the periodic Guantanamo detainee review process required under Executive Order.
(Sec. 1036) Directs the Secretary to submit to such committees: (1) procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force, and (2) any modifications to such procedures.
(Sec. 1037) Allows a guilty plea as part of a pre-trial agreement in capital offense trials by military commission.
Subtitle E: Miscellaneous Authorities and Limitations - (Sec. 1041) Directs the Secretary to protect the buildings, grounds, and property under DOD jurisdiction or control, and the persons on that property. Authorizes the Secretary to designate military or DOD civilian personnel to perform such functions. Empowers those so designated to enforce federal laws, carry firearms, and make arrests while carrying out such duties.
(Sec. 1042) Makes technical corrections relating to the Military Commissions Act of 2009.
(Sec. 1043) Authorizes the Secretary to carry out: (1) reintegration activities for DOD personnel recovered after detention in isolation or captivity by a hostile force while participating in or associated with a U.S.-sponsored military activity or mission; and (2) post-isolation activities on behalf of such individuals, military or civilian officers or employees of an allied or coalition partner, or other U.S. or foreign nationals.
(Sec. 1044) Authorizes the Secretary to exempt certain information from disclosure under the Freedom of Information Act upon a determination that: (1) the information is DOD critical infrastructure security information, and (2) the public interest in its disclosure does not outweigh the government's interest in withholding the information from the public. Includes in such exemption: (1) critical infrastructure security information provided to state or local first responders in emergencies; and (2) files of the military flight operations quality assurance systems of the military departments that, if disclosed, would reveal sensitive information regarding the tactics or capabilities of combat aircraft, units, or crews.
(Sec. 1045) Defines "CRAF-eligible aircraft" for purposes of the Civil Reserve Air Fleet program.
(Sec. 1046) Authorizes the Secretary to carry out a program to assign DOD civilian employees as advisors to the ministries of defense of foreign countries and international peace and security organizations. Terminates such authority at the end of FY2014. Requires: (1) annual reports during such period from the Secretary to the defense committees on program activities, and (2) a one-time report from the CG assessing the effectiveness of advisory services provided under the program.
(Sec. 1047) Directs the President to conduct an assessment of current and proposed nuclear forces of the United States and other countries to determine whether U.S. nuclear forces can meet its goals of nuclear deterrence, assurance of allies, and defense. Requires such assessment to be submitted to the defense and appropriations committees. Directs that such assessment take place upon a proposal: (1) to reduce the number of U.S.-deployed nuclear weapons below the level described in a treaty between the United States and Russia signed in 2010, or (2) to reduce, before 2022, the number of non-deployed nuclear weapons held by the United States as a hedge.
(Sec. 1048) Authorizes the Secretary to administer the Troops-to-Teachers program during FY2012. Directs the Secretaries of Defense and Education to jointly report to the defense and education committees on such program.
(Sec. 1049) Expands the authority of the Secretary to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations.
Subtitle F: Repeal and Modification of Reporting Requirements - Part I: Repeal of Reporting Requirements - (Sec. 1061) Repeals various DOD reports under armed forces and pay and allowance provisions and defense authorization Acts.
Part II: Modification of Existing Reporting Requirements - (Sec. 1066) Reduces and/or revises DOD report requirements under armed forces provisions, defense authorization Acts, and the Small Business Act.
Subtitle G: Other Study and Report Matters - (Sec. 1071) Amends the NDAA for Fiscal Year 2010 to reduce from five to three the number of required CG reports concerning a joint DOD-VA agreement on administration of a Navy ambulatory care center and related facilities in North Chicago, Illinois.
(Sec. 1072) Directs the President to: (1) submit to Congress a plan to implement the organizational goals recommended in the National Security Strategy-May 2010, and (2) annually update the plan.
(Sec. 1073) Directs the Secretary to biennially: (1) assess the safety, security, sustainability, performance, and military effectiveness of each type of platform for the delivery of nuclear weapons and of the U.S. nuclear command and control system; and (2) report to the defense and appropriations committees on such assessment.
(Sec. 1074) Expresses the sense of Congress on the need for sustained investments in the U.S. nuclear weapons stockpile and nuclear security complex. Requires an annual report from the Secretary to the defense and appropriations committees on the nuclear weapons stockpile.
(Sec. 1075) Expresses the sense of Congress that any future modification to the U.S. nuclear employment strategy should maintain or enhance the ability of U.S. nuclear forces to support goals relating to nuclear deterrence, extended deterrence, assurance for allies, and the defense of the United States. Directs the President, any time after issuing a nuclear employment strategy that differs from the current one, to report to Congress on such modifications and an assessment of their effects on U.S. nuclear posture.
(Sec. 1076) Directs the Secretary to: (1) conduct a study examining the availability of military and civilian personnel for DOD defensive and offensive cyberspace operations, and (2) report study results to the defense and appropriations committees.
(Sec. 1077) Directs the Secretary of Commerce to submit to Congress the results of a review of current restrictions on the resolution of electro-optical imagery collected from satellites that commercial companies may sell or disseminate. Requires the Director of National Intelligence (DNI) to submit to the defense, appropriations, and intelligence committees an assessment of benefits and risks of relaxing such restrictions, along with recommendations for protecting national security-related information in the event of restriction relaxation.
(Sec. 1078) Directs the Secretary to report to Congress on the integration of unmanned aircraft systems into the national airspace system.
(Sec. 1079) Requires: (1) the Secretary to commission an independent entity to assess U.S. security interests in East Asia and the Pacific region, and (2) the entity selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Authorizes appropriations.
(Sec. 1080) Directs the Secretary of the Army to report to the defense and appropriations committees on the plan and implementation status of recommendations contained in the Final Report of the 2010 Army Acquisition Review Panel.
(Sec. 1080A) Requires the Secretary of the Air Force to report to such committees on the feasibility of using unmanned aerial systems to perform airborne flight inspection of electronic signals-in-space from ground-based navigational aids that support aircraft in foreign airspace during U.S. military operations.
(Sec. 1080B) Directs the CG to: (1) review DOD programs and organizations related to medical research and development in support of improved casualty care in the field, and (2) report review results to the defense and appropriations committees.
(Sec. 1080C) Requires the President to report to Congress on any proposed modification of force structure for U.S. strategic nuclear weapons delivery systems.
(Sec. 1080D) Directs the CG, during 2013 through 2018, to submit to specified congressional committees an assessment of the performance of the major automated information system programs of DOD. Requires a preliminary report, together with briefings, on the metrics to be used to perform such assessment.
(Sec. 1080E) Requires the CG to: (1) study unnecessary redundancies, inefficiencies, and gaps in DOD science and technology programs; and (2) submit study results to the defense and appropriations committees.
(Sec. 1080F) Directs the CG to: (1) assess DOD science, technology, engineering, and math initiatives; and (2) submit assessment results to such committees.
(Sec. 1080G) Requires the Secretary to report to such committees on DOD analytical capabilities regarding threats from foreign ballistic missiles of all ranges.
(Sec. 1080H) Directs the Secretary to report to Congress on the approved Air Sea Battle Concept, and a plan for Concept implementation.
(Sec. 1080I) Requires the Secretary of the Air Force to: (1) conduct an analysis of the effects of changing flag officer positions within the Air Force Materiel Command, and (2) submit analysis results to the defense and appropriations committees. Directs the CG to submit to Congress an assessment of such Secretary's report.
Subtitle H: Other Matters - (Sec. 1081) Redesignates military psychological operations as military information support operations.
(Sec. 1082) Amends the David L. Boren National Security Education Act of 1991 to terminate the requirement that civilian members of the National Security Education Board be appointed by and with the advice and consent of the Senate.
(Sec. 1083) Redesignates the Industrial College of the Armed Forces as the Dwight D. Eisenhower School for National Security and Resource Strategy.
(Sec. 1084) Designates the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher House for administrative and governance purposes.
(Sec. 1085) Expresses the sense of the Senate that the moratorium on congressionally-directed spending items in the Senate and on congressional earmarks in the House of Representatives be fully enforced in this Act.
(Sec. 1088) Directs the Secretary and the Secretary of Transportation to jointly: (1) conduct a study of actions to improve the transition of members of the Armed Forces with experience in the operation of certain military vehicles into careers operating commercial motor vehicles in the private sector, and (2) report study findings to Congress.
(Sec. 1089) Amends the Clean Air Act to exempt a substance listed as acceptable for use as a fire suppression agent for nonresidential applications from the prohibition against introducing into interstate commerce or using any class II substance (specified hydrochlorofluorocarbons).
(Sec. 1090) Directs the Secretary to seek to establish exchanges between acquisition and procurement officials of DOD and defense officials of the government of India in order to increase mutual understanding regarding best practices in defense acquisition.
(Sec. 1091) Requires the Secretary to submit with FY2013 budget justification materials a long-term plan for maintaining a minimal capacity to produce intercontinental ballistic missile solid rocket motors.
(Sec. 1092) Directs the Secretary and the Secretary of Homeland Security to provide personnel, equipment, and facilities to increase interdepartmental collaboration with respect to strategic planning for U.S. cybersecurity, mutual support for cybersecurity capabilities development, and synchronization of current cybersecurity mission activities.
(Sec. 1093) Requires reemployment and other employment benefits for individuals ordered to full-time National Guard duty (other than for training) when authorized by the President or Secretary to respond to a national emergency declared by the President and supported by federal funds.
Title XI: Civilian Personnel Matters - (Sec. 1101) Allows each Secretary concerned (under current law, only the Secretary of Defense) to employ without pay up to ten individuals possessing outstanding experience and ability.
(Sec. 1102) Authorizes the Secretary to continue to pay, through FY2014, the federal share and administrative fees for temporary continuation of coverage health insurance premiums for former DOD employees enrolled in such coverage and separated due to a reduction in force.
(Sec. 1103) Authorizes the Secretary to waive repayment of voluntary separation incentive pay in the case of employees who accepted a reassignment with DOD during the period beginning on April 1, 2004, and ending on May 1, 2008, and had received written assurance that such repayment would not be required or would be waived.
(Sec. 1104) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to: (1) make permanent a temporary experimental personnel management program for technical positions at the Defense Advanced Research Projects Agency (DARPA), and (2) increase from 40 to 50 the number of additional positions authorized for DARPA due to increased need. Allows up to ten of the additional positions to be allocated for scientific and engineering positions in the Office of the Director of Operational Test and Evaluation.
(Sec. 1105) Allows a federal employee to designate any person to receive all (under current law, up to 50%) or any portion of their death gratuity in the event that such employee dies in connection with service with the Armed Forces in a contingency operation. Requires the appropriate agency head to notify the spouse in the event the employee does not choose the spouse as the beneficiary of a full death gratuity.
(Sec. 1106) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to extend through FY2013 DOD authority to grant allowances, benefits, and gratuities to federal employees performing official duty in a combat zone.
(Sec. 1107) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to extend through FY2012 the authority of the head of a federal agency to waive the annual limitations on premium pay and aggregate pay for employees working abroad.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training - (Sec. 1201) Expands the scope of authorized DOD humanitarian demining assistance to certain friendly foreign countries to include stockpiled conventional munitions assistance.
(Sec. 1202) Amends the NDAA for Fiscal Year 2006 to extend through FY2012 the Commanders' Emergency Response Program (urgent humanitarian relief and reconstruction projects in Afghanistan).
(Sec. 1203) Amends the Warner Act to extend through FY2014 the temporary authority to use acquisition and cross-servicing agreements to lend personnel protection equipment to allied forces during coalition operations or for pre-deployment training in preparation for such operations.
(Sec. 1204) Amends the Skelton Act to extend through FY2012 DOD authority to provide assistance to enhance the ability of the Yemen Ministry of Interior Counter Terrorism Forces to conduct counterterrorism operations against al Qaeda and its affiliates in the Arabian Peninsula. Provides funding from DOD O&M funds. Directs the Secretary and the Secretary of State to jointly notify the defense, foreign relations, and appropriations committees 60 days in advance of the provision of such assistance.
(Sec. 1205) Amends the Reagan Act to extend through FY2017 DOD authority to support or facilitate U.S. operations to combat terrorism.
(Sec. 1206) Limits to $100 million the obligation and expenditure of FY2012 funds to train and equip certain foreign military forces until the Secretaries of Defense and State submit a global partnership authorities report required under the Hunter Act.
(Sec. 1207) Establishes in the Treasury the Global Security Contingency Fund to allow either the Secretary of Defense or State to provide assistance: (1) to enhance the capabilities of a foreign country's national military forces and other forces that conduct border and maritime security, internal defense counterterrorism, or peace support operations consistent with U.S. foreign policy and national security interests; and (2) for the justice sector (including law enforcement and prisons) of such countries. Authorizes transfers to such Fund from other foreign assistance and related funds. Provides a $300 million annual limit on the amount of funds appropriated and transferred to the Fund. Requires: (1) the Secretary to notify the defense, foreign relations, and appropriations committees 15 days in advance of the provision of such assistance, and (2) quarterly reports from such Secretaries on the use of such funds. Terminates such authority at the end of FY2014.
(Sec. 1208) Authorizes the Secretary, during FY2012-FY2013, to provide assistance to enhance the capacity of: (1) the national military forces, defense security agencies, and border security forces of Djibouti, Ethiopia, and Kenya to conduct counterterrorism operations against al Qaeda and its affiliates and al Shabaab; and (2) national military forces participating in the African Union Mission in Somalia to conduct such operations. Provides funding from DOD O&M funds. Requires the Secretary to notify the defense, foreign relations, and appropriations committees 30 days in advance of providing such assistance.
(Sec. 1209) Authorizes the Secretary, during FY2012-FY2013, to provide logistic support, supplies, and services, and intelligence support for forces, including the national military forces of Uganda, participating in operations to mitigate and eliminate the threat posed by the Lord's Resistance Army. Allows the participation of U.S. personnel only for self-defense or rescuing U.S. citizens. Provides funding from DOD O&M funds. Requires: (1) the Secretary to notify the above committees within five days after the provision of such support, and (2) the Secretaries of Defense and State to report quarterly to such committees on the obligation of funds for such support.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan - (Sec. 1221) Amends the NDAA for Fiscal Year 2008 to extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations. Increases the amount of such funding. Limits FY2012 funding until Congress receives a report required under the Skelton Act concerning coalition support authorities.
(Sec. 1222) Amends the NDAA for Fiscal Year 2010 to extend through 2012 DOD authority to transfer defense articles, and provide defense services in connection with such transfer, to the military and security forces of Iraq and Afghanistan. Extends required quarterly reports.
(Sec. 1223) Amends the NDAA for Fiscal Year 2010 to extend through FY2012 certain authorities regarding the use of the Pakistan Counterinsurgency Fund to build the counterinsurgency capabilities of the Pakistan security forces.
(Sec. 1224) Amends the Skelton Act to extend through 2012 DOD authority to use funds for former insurgent reintegration activities in Afghanistan.
(Sec. 1225) Amends the Skelton Act to: (1) extend through FY2012 DOD authority to develop and carry out certain infrastructure projects in Afghanistan, and (2) reduce from 30 to 15 days the required advanced congressional notification of such projects.
(Sec. 1226) Amends the NDAA for Fiscal Year 2008 to: (1) extend through FY2012 DOD authority to reimburse certain coalition countries for support provided to U.S. military operations, (2) increase the authorized amount for such reimbursements, and (3) extend through FY2013 required congressional notification of reimbursement to Pakistan for military support.
(Sec. 1227) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 reports concerning: (1) progress toward security and stability in Afghanistan, and (2) a long-term plan for sustaining the Afghanistan National Security Forces.
(Sec. 1228) Authorizes the Secretary to provide support for operations and activities of the Office of Security Cooperation in Iraq and for security assistance teams in Iraq. Limits FY2012 funding for such support. Provides such funding through DOD O&M funds.
(Sec. 1229) Directs the President to: (1) establish, and periodically update, a set of benchmarks to evaluate progress in transitioning security responsibilities in Afghanistan to their government by December 31, 2014; (2) devise a plan for expediting the drawdown of U.S. combat troops in Afghanistan and accelerating the transfer of security to Afghan authorities; and (3) include the most current benchmarks in required annual reports on progress toward security and stability in Afghanistan.
(Sec. 1230) Prohibits funds from the Pakistan Counterinsurgency Fund from being made available for the government of Pakistan until the Secretary certifies to the defense, appropriations, and foreign relations committees that Pakistan is demonstrating a continuing commitment toward implementing a strategy to counter improvised explosive devices. Authorizes the Secretary to waive such prohibition in the national security interest.
(Sec. 1231) Directs the Secretary to submit to the above committees an assessment of the effectiveness of Coalition Support Fund reimbursements to Pakistan for operations conducted in support of Operation Enduring Freedom.
Subtitle C: Reports and Other Matters - (Sec. 1241) Requires the Under Secretary of Defense for Policy to report to the defense committees on progress of the African Union in operationalizing the African Standby Force.
(Sec. 1242) Directs the CG to report to the defense committees on the National Guard State Partnership program.
(Sec. 1243) States U.S. policy with respect to reducing and mitigating the threat posed by man-portable air-defense systems (systems) that were in Libya as of March 19, 2011. Requires the DNI, within 45 days after the enactment of this Act, to submit to the defense, foreign relations, and intelligence committees an intelligence community assessment of the threat posed by, and the possible disposition of, such systems. Directs the President to: (1) develop and implement, and periodically update, a comprehensive strategy to reduce and mitigate such threat posed to U.S. citizens and U.S. allies; and (2) submit such strategy to such committees.
(Sec. 1244) Requires the President to develop and submit to the defense, appropriations, and foreign relations committees a plan for the normalization of U.S. defense cooperation with the Republic of Georgia, including the sale of defensive arms.
(Sec. 1245) Designates the financial sector of Iran, including the Central Bank of Iran (CBI), as of primary money laundering concern for purposes of the implementation of U.S. international counter-money laundering procedures. Directs the President to block and prohibit all transactions in property and interests of Iranian financial institutions if such property and interests are in the United States, come within the United States, or come within the possession or control of a U.S. person. Requires the President to prohibit opening or maintaining in the United States an account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the CBI or another Iranian financial institution designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Authorizes the President to impose other sanctions pursuant to such Act. Provides sanction exceptions with respect to the sale of food, medicine, and medical devices. Provides for the applicability of sanctions with respect to other foreign central banks, and with respect to petroleum transactions. Provides sanction exceptions. Authorizes the President to waive such sanctions for up to two 120-day periods for national security purposes, with a required justification to Congress for each waiver. Directs the President to carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran to take certain actions to hamper Iran's ability to use such proceeds for the purchase of certain military or dual-use technology. Requires semiannual reports from the President to Congress on the initiative.
Title XIII: Cooperative Threat Reduction - (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 15 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Prohibits more than $500,000 of the FY2012 CTR funds from being obligated or expended to establish a center of excellence in any country not a state of the former Soviet Union until 15 days after the Secretary notifies the defense and appropriations committees.
Title XIV: Other Authorizations - Subtitle A: Military Programs - (Sec. 1401) Authorizes appropriations to DOD for FY2012 for: (1) Defense Working Capital Funds, (2) the National Defense Sealift Fund, (3) the Defense Health Program, (4) chemical agents and munitions destruction, (5) drug interdiction and counter-drug activities, and (6) the Defense Inspector General.
Subtitle B: National Defense Stockpile - (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2012, to obligate up to $50,107,320 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase and extend through 2016 DOD authority to sell NDS materials.
Subtitle C: Armed Forces Retirement Home - Part I: Authorization of Appropriations - (Sec. 1421) Authorizes appropriations for FY2012 for the Armed Forces Retirement Home.
Part II: Armed Forces Retirement Home Authorities - (Sec. 1423) Requires the Chief Operating Officer of the Armed Forces Retirement Home (Home), when securing accreditation of a Home facility that exceeds one year, to seek accreditation for every year after that first year that the DOD Inspector General does not conduct an inspection of that facility.
(Sec. 1424) Revises oversight and reporting responsibilities of the Home's Senior Medical Advisor.
(Sec. 1425) Establishes an Armed Forces Retirement Home Advisory Council (to replace local boards of trustees for each Home facility). Requires the Council to report annually to the Secretary on its activities.
(Sec. 1426) Replaces the Home Director, Deputy Director, and Associate Director with a Home Administrator and an Ombudsman.
(Sec. 1427) Increases, from annually to not less than every three years, the authorized interval between DOD Inspector General inspections of each Home facility. Increases intervals with respect to certain other inspection requirements.
(Sec. 1428) Repeals obsolete transitional provisions concerning the Armed Forces Retirement Home Board and facility directors and deputy directors.
(Sec. 1429) Makes technical, conforming, and clerical amendments to the Armed Forces Retirement Home Act of 1991 to conform to changes made under this Part.
Subtitle D: Other Matters - (Sec. 1431) Earmarks specified funds for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations at the Captain James A. Lovell Federal Health Care Center, Illinois, under an operational agreement outlined in the Hunter Act.
Title XV: Authorization of Appropriations for Overseas Contingency Operations - Subtitle A: Authorization of Appropriations - (Sec. 1501) Authorizes appropriations for DOD for FY2012 to provide additional funds for overseas contingency operations, specifically for: (1) procurement, (2) RDT&E, (3) O&M, (4) military personnel, (5) Defense Working Capital Funds, (6) the Defense Health Program, (7) drug interdiction and counterdrug activities, and (8) the Defense Inspector General.
Subtitle B: Financial Matters - (Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Other Matters - (Sec. 1531) Amends the Skelton Act to extend into 2012 project authority and related requirements of the Task Force for Business and Stability Operations in Afghanistan. Allows project activities to include facilitating private investment, mining sector development, industrial development, and other projects determined to strengthen stability or provide strategic support to the counterinsurgency campaign in Afghanistan. Allows as additional Task Force members representatives of the State Department and the United States Agency for International Development (USAID).
(Sec. 1532) Requires funds authorized for the Afghanistan Security Forces Fund in FY2012 to be subject to Fund use and other conditions enumerated under the NDAA for Fiscal Year 2008. Allows assistance provided to include literacy instruction and training to build the capacity of military and civilian personnel of Afghanistan's Ministry of Defense and Ministry of Interior.
(Sec. 1533) Prohibits the use of funds for DOD's Trans Regional Web Initiative until the Secretary makes certain certifications to the defense committees.
(Sec. 1534) Directs the Secretary to report to the defense and appropriations committees on lessons learned from DOD participation on interagency teams for counterterrorism operations in Afghanistan and Iraq.
Title XVI: National Guard Empowerment - National Guard Empowerment and State-National Defense Integration Act of 2011 - (Sec. 1602) Reestablishes the position of Vice Chief of the National Guard Bureau (Vice Chief). Terminates the position of Director of the Joint Staff of the National Guard Bureau (Director) and transfers existing duties of the Director to the Vice Chief.
(Sec. 1603) Adds the Chief of the National Guard Bureau (Chief) to the Joint Chiefs of Staff.
(Sec. 1604) Directs the Administrator of the Federal Emergency Management Agency (FEMA) to continue the Task Force for Emergency Readiness (TFER) pilot program as a permanent FEMA program. Requires the Administrator to carry out the program in at least five states in addition to the five states in which the program is carried out as of the enactment of this Act. Requires the Chief to: (1) identify any gaps in state civilian and military response capabilities that federal military capabilities are unprepared to fill; (2) notify the Secretary and the respective Commanders of the U.S. Northern and Pacific Commands of any such gaps; and (3) assist states in developing state plans on responses to catastrophic disaster emergencies. Requires the Administrator and the Chief to report annually to the defense and homeland security committees on TFER program activities.
(Sec. 1605) Directs the Secretary to report to the defense and appropriations committees analyzing the costs of units of the regular Armed Forces in comparison to the costs of similar units of the reserves. Directs the CG to review such analysis and report review results to such committees.
(Sec. 1606) Requires each future-years defense program to display separately the estimated expenditures for equipment for each reserve component that will receive items in any fiscal year covered by such program.
(Sec. 1607) States that the U.S. Northern and Pacific Commands shall be the combatant commands principally responsible for the military support of civil authorities in the United States. Requires the Commander of each Command and the Chief to enter into a memorandum of understanding setting forth the operational relationships, and individual roles and responsibilities, during responses to domestic emergencies among such Commands and the National Guard Bureau.
(Sec. 1608) Requires the officers serving as Commander of Army North Command and Commander of Air Force North Command to be officers in the Army National Guard and Air National Guard, respectively.
(Sec. 1609) Directs the Secretary to modify specified regulations prescribed pursuant to the NDAA for Fiscal Year 2010 to provide for the use of available appropriated state partnership program funds for contacts between members of the National Guard and civilian personnel of foreign governments outside the ministry of defense on matters within the core competencies of the National Guard.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2012 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII of this Act on October 1, 2014, or the date of enactment of an Act authorizing funds for military construction for FY2015, whichever is later, with an exception.
Title XXI [sic]: Army - (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2105) Revises construction authority under certain prior-year military construction projects.
(Sec. 2108) Authorizes the Secretary of the Army to carry out a military construction project at Fort Irwin, California.
(Sec. 2109) Extends certain prior-year military construction projects.
(Sec. 2112) Reduces by $100 million prior-year Army military construction funds.
(Sec. 2113) Prohibits funds from being obligated or expended for tour normalization until: (1) the Director of Cost Assessment and Program Evaluation conducts an analysis of alternatives, (2) the Secretary of the Army submits to the defense and appropriations committees a master plan for completing all phases of tour normalization, and (3) legislation enacted after the enactment of this Act authorizes the obligation of funds for such purpose.
Title XXII: Navy - (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Extends certain prior-year military construction projects.
(Sec. 2207) Reduces by $25 million prior-year Navy military construction funds.
(Sec. 2208) Prohibits the use of funds authorized under this title, or provided by Japan, to implement the realignment of U.S. Marine Corps forces from Okinawa to Guam until: (1) the Commandant of the Marine Corps provides to the defense and appropriations committees the preferred force lay-down for the U.S. Pacific Command area of responsibility; (2) the Secretary submits to the defense and appropriations committees a master plan for the construction of facilities and infrastructure to execute the preferred force lay-down on Guam; (3) the Secretary certifies to such committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma; and (4) a plan is provided to such committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure on Guam affected by the realignment.
Title XXIII: Air Force - (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Revises a certain prior-year military construction project.
(Sec. 2306) Extends a certain prior-year military construction project.
(Sec. 2307) Reduces by $32 million prior-year Air Force military construction funds.
Title XXIV: Defense Agencies - Subtitle A: Defense Agency Authorizations - (Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after 2011 for military construction, land acquisition, and military family housing functions of DOD.
Subtitle B: Chemical Demilitarization Authorizations - (Sec. 2411) Authorizes appropriations for fiscal years after 2011 for military construction and land acquisition for chemical demilitarization for the construction of: (1) phase 13 of a chemical munitions demilitarization facility at Pueblo Chemical Activity, Colorado; and (2) phase 12 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky.
(Sec. 2412) Reduces by $131 million prior-year DOD military construction funds.
Title XXV: North Atlantic Treaty Organization Security Investment Program - (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2011 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2011 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2607) Extends certain prior-year National Guard and reserve military construction projects.
(Sec. 2609) Revises a certain prior-year military construction project.
Title XXVII: Base Closure and Realignment Activities - (Sec. 2701) Authorizes appropriations for fiscal years after 2011 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2011 for such purpose.
(Sec. 2704) Reduces by $100 million prior-year base closure and realignment activities funds.
Title XVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - (Sec. 2801) Authorizes the Secretaries concerned, in the national interest, to transfer up to $400 million of FY2012 military construction funds between any such authorizations for that military department or defense agency. Requires prompt notification to the defense and appropriations committees of each transfer.
(Sec. 2802) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2004 to extend through FY2012 the temporary, limited authority to use O&M funds for construction projects outside the United States. Extends related report requirements.
(Sec. 2803) Authorizes the Secretary to use Pentagon Reservation Maintenance Revolving Fund amounts to support construction or alteration activities at the Pentagon within the unspecified minor construction project limits.
Subtitle B: Real Property and Facilities Administration - (Sec. 2811) Authorizes the exchange (under current law, the conveyance) of property at or near military installations for land acquisition purposes. Makes such authority permanent (under current law, ends at the end of FY2013).
(Sec. 2812) Authorizes the use of the DOD readiness and environmental protection initiative authority to protect areas near military installations from encroachment that is incompatible with the mission of the installation. Allows for lump-sum payments by the United States for property acquired under such authority.
(Sec. 2813) Includes sustainability of military operations as an authorized purpose of wildlife studies conducted under DOD conservation and cultural activities. Allows, under such activities, the implementation of ecosystem-wide land management plans.
Subtitle C: Land Conveyances - (Sec. 2821) Amends the MCAA for 2010 to: (1) make a technical correction with respect to a land conveyance at Camp Joseph T. Robinson, Arkansas; and (2) revise the Secretary of the Navy's authority with respect to a land conveyance at Camp Caitlin and the Ohana Nui areas, Hawaii.
(Sec. 2823) Authorizes the Secretary of the Air Force to convey to: (1) the city of Anchorage, Alaska, specified real property at the Joint Base Elmendorf Richardson, Alaska (Joint Base), for solid waste management, alternative energy production, and related activities; and (2) the Eklutna Alaska Native village corporation specified real property in Anchorage, for any use compatible with Joint Base purposes.
Subtitle D: Other Matters - (Sec. 2831) Directs the Secretary of the Navy to submit to the defense and appropriations committees a plan to address the facilities and infrastructure requirements at each Navy public shipyard.
(Sec. 2832) Prohibits a DOD department, agency, or component, during the period beginning on the date of enactment of this Act and ending on May 1, 2012, from obligating funds for a data server, upgrade, farm, or center unless approved by the DOD Chief Information Officer (CIO) or the appropriate department, agency, or component chief information officer designated by the CIO. Requires, after May 1, 2012, any obligation of funds for such purpose to be in conformance with a performance plan for the reduction of resources required for data servers and centers, as submitted by the Secretaries of the military departments and the heads of the defense agencies. Requires the CIO, after such submission, to submit to the defense and appropriations committees a DOD-wide performance plan. Provides an exception to the requirements of this section with respect to such DOD intelligence components that are funded through the National Intelligence Program as the CIO considers appropriate. Directs the CIO, annually through 2016, to report to the defense, appropriations, and intelligence committees on cost savings, reductions, avoidances, and performance gains achieved as a result of activities taken under this section.
(Sec. 2833) Amends the MCAA for Fiscal Year 1997 to redesignate the Mike O'Callaghan Federal Hospital (Nevada) as the "Mike O'Callaghan Federal Medical Center."
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - (Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2012 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup and other defense activities.
Subtitle B: Program Authorizations, Restrictions, and Limitations - (Sec. 3111) Amends the Atomic Energy Defense Act to terminate the requirement of an annual independent "red team" review of the security and vulnerabilities of computers at national laboratories, as well as a National Counterintelligence Policy Board annual report on review results. Requires instead the Secretary of Energy (Secretary, for purposes of this title) to conduct such annual review and report review results to the defense and appropriations committees only when a significant vulnerability is discovered.
(Sec. 3112) Amends the National Nuclear Security Administration Act to direct the Secretary to: (1) review the CG's assessment of budget requests with respect to the modernization and refurbishment of the DOE nuclear security complex, and (2) report review results to the defense and appropriations committees.
(Sec. 3113) Allows the Secretary to procure no more than one aircraft using DOE weapons activities funds for any fiscal year before FY2013.
(Sec. 3114) Limits to $500,000 the amount of DOE nuclear nonproliferation funds that may be used to establish a center of excellence in a country not a state of the former Soviet Union until 15 days after the NNSA Administrator identifies the country involved and describes the center's purpose.
(Sec. 3115) Amends the NDAA for Fiscal Years 1992 and 1993 to recognize the museum operated by the Nevada Test Site Historical Foundation in Las Vegas, Nevada, as the official atomic testing museum of the United States.
Subtitle C: Reports - (Sec. 3121) Directs the Secretary and the NNSA Administrator to jointly submit to the defense and appropriations committees: (1) a report on the feasibility of federalizing some or all of the security protective forces contract guard workforce at specified DOE national laboratories and facilities, and (2) the CG's comments on such report.
(Sec. 3122) Requires the CG to: (1) study the value of and need for external regulation or oversight of the safety of nuclear operations and the design and construction of DOE nuclear facilities to protect the public health and safety, and (2) submit to the defense and appropriations committees an interim and final report on study results. Requires comments on such reports by the Secretary, the Defense Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission (NRC).
(Sec. 3123) Directs the NNSA Administrator to submit to Congress a plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation by the end of 2013.
Title XXXII: Defense Nuclear Facilities Safety Board - (Sec. 3201) Authorizes appropriations for FY2012 for the Defense Nuclear Facilities Safety Board (Board).
(Sec. 3202) Directs the Board to exercise its authority to review the design of, and review and monitor construction with respect to, NNSA Project 10-D-904.
Title XXXIII: Maritime Administration - (Sec. 3301) Revises generally provisions concerning the establishment and authorization of appropriations for the Maritime Administration.
Division D: Funding Tables - (Sec. 4001) Provides that, whenever a funding table in this Division specifies a dollar amount for a program, project, or activity, the obligation and expenditure of that amount is hereby authorized, subject to the availability of appropriations. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with federal requirements and other applicable provisions of law. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section.
Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) procurement and procurement for overseas contingency operations; (2) RDT&E and RDT&E for overseas contingency operations; (3) O&M and O&M for overseas contingency operations; (4) other authorizations, including those for overseas contingency operations; (5) military construction; and (6) DOE national security programs.
Division E: SBIR and STTR Reauthorization - SBIR/STTR Reauthorization Act of 2011 - Title LI: Reauthorization of the SBIR and STTR Programs - (Sec. 5101) Amends the Small Business Act to reauthorize through FY2019 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Small Business Administration (SBA).
(Sec. 5102) Directs the SBA to maintain an Office of Technology to carry out oversight, reporting, and public database responsibilities as assigned by the SBA Administrator.
(Sec. 5103) Increases by 0.1% per year, from FY2013-FY2023, the percentage of participating federal agencies' extramural research budget to be set aside for SBIR program activities. Requires the Department of Defense (DOD) and Department of Energy (DOE) to use the increased amounts for activities in their departments that further the readiness levels of technologies developed under Phase II SBIR awards.
(Sec. 5104) Increases the set-aside allocation under the STTR from 0.3% to 0.6% by increasing such percentage by 0.1% every two years from FY2013-FY2017.
(Sec. 5105) Increases, for both the SBIR and STTR programs, the individual small business award levels from: (1) $100,000 to $150,000, for participation at the Phase I level; and (2) $750,000 to $1 million, for participation at the Phase II level. Changes from every five years to annually the required SBA inflation adjustment of such awards. Prohibits an agency from issuing an SBIR or STTR award if the award size exceeds established guidelines by more than 50%, and requires participating agencies to maintain specified information on awards exceeding such guidelines.
(Sec. 5106) Allows a small business that receives an: (1) SBIR award from one agency to receive an award for a subsequent phase from another agency, as long as the head of each agency determines that the topics of the relevant awards are the same; and (2) award under either the SBIR or STTR program to receive an award for a subsequent phase under either program.
(Sec. 5107) Requires federal agencies to conduct solicitations of Phase II SBIR and STTR proposals without any invitation, pre-screening, pre-selection, or down-selection process between the first and second phases.
(Sec. 5108) Authorizes the Director of the National Institutes of Health (NIH), the Secretary of Energy, and the Director of the National Science Foundation (NSF), 30 days after notifying the Administrator and the congressional small business committees, to award through competitive, merit-based procedures up to 25% of their respective SBIR funds to small businesses majority-owned by multiple venture capital companies. Permits other federal agencies to award up to 15% of their SBIR funds to such small businesses. Provides conditions under which a small business which was not majority-owned by multiple venture capital companies at the time of application for an SBIR award, but is so owned on the date of the award, may still be eligible for such award. Terminates authority under this section at the end of FY2016.
Directs the Administrator to establish requirements relating to the affiliation of small businesses with venture capital companies for such purposes, and requires such small businesses to register with the SBA. Provides for federal agency compliance with such percentage limits. Directs the Administrator to post on the SBA website information on SBIR and STTR program affiliation rules.
(Sec. 5109) Requires federal agencies and federal prime contractors, to the greatest extent practicable, to issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.
(Sec. 5110) Authorizes the head of each participating federal agency to issue SBIR and STTR awards to small businesses that have entered, or intend to enter, into a collaborative research and development (R&D) agreement with a federal laboratory or federally funded research and development center. Prohibits a federal agency from: (1) conditioning an award upon entering into such an agreement; (2) approving an agreement if the small business performs a lesser portion of the R&D activities than required by the Act and by SBIR and STTR Policy Directives; or (3) approving an agreement that violates any SBA provision or such Directives. Requires the Administrator to modify such Directives to ensure that small businesses may use the resources of federal laboratories or federally funded research and development centers without entering into such agreements.
(Sec. 5111) Requires any federal agency involved in a judicial or administrative case or controversy concerning the SBIR or STTR program to provide timely notice thereof to the Administrator.
(Sec. 5112) Allows a small business that receives a Phase II SBIR or STTR award to receive an additional Phase II SBIR or STTR award for that project.
Title LII: Outreach and Commercialization Initiatives - (Sec. 5201) Reauthorizes through FY2016 the Federal and State Technology Partnership (FAST) program (a program of grants and cooperative agreements for strengthening the technological competitiveness of small businesses participating or desiring to participate in SBIR or STTR programs). Provides reduced matching funds requirements for FAST recipients in low-income and rural areas, recipients in one of the states receiving the fewest SBIR Phase I awards, and recipients in rural areas which are also in one of states receiving the fewest number of awards. Limits such grants and cooperative agreements to five years. Requires an annual report during such period from the Administrator to the small business committees on awards made and agreements entered into. Authorizes appropriations.
(Sec. 5202) Allows each federal agency conducting an STTR program (under current law, only an SBIR program) to contract for the provision of technical assistance to small businesses participating in that program. Extends from three to five years the authorized period of such assistance. Increases from $4,000 to $5,000 the amount authorized to be provided to SBIR or STTR participants under the first and second phases of such projects.
(Sec. 5203) Redesignates the Commercialization Pilot Program as the Commercialization Readiness Program, and includes STTR technology projects under such Program. Makes such Program permanent. Authorizes the Secretary of Defense to: (1) establish goals for the transition of phase III technologies in subcontracting plans; and (2) require prime contractors to report on the number and amount of contracts entered into for phase III SBIR or STTR projects. Directs the Secretary to: (1) establish goals for increasing the number of phase II STIR and STTR contracts awarded that lead to technology transition into programs of record or fielded systems; (2) use incentives or create new incentives to encourage agency program managers and prime contractors to meet such goals; and (3) include in a required annual report to Congress information on projects funded through the Program and efforts to transition their technologies into programs of record or fielded systems.
(Sec. 5204) Allows the head of each federal agency to allocate up to 10% of SBIR and STTR program funds to establish a pilot program: (1) for awards for technology development, testing, and evaluation of SBIR and STTR phase II technologies; or (2) to support the progress of research or research and development conducted under such programs to phase III. Outlines pilot program application requirements, and requires such agency heads to include pilot program information in required annual reports to the SBA Administrator. Terminates the pilot program at the end of FY2014.
(Sec. 5205) Establishes an independent advisory board at the National Academy of Sciences (NAS) to conduct periodic evaluations of the SBIR program at each of the NIH institutes and centers in order to improve program management through data-driven assessment. Requires the director of the NIH SBIR program to address gaps and deficiencies in data collection identified in a NAS report assessing the NIH's SBIR program. Authorizes such director to initiate a pilot program to spur innovation and test new strategies that may enhance the development of cures and therapies. Requires such director to report annually to Congress and the advisory board on NIH SBIR activities. Requires such director, to the greatest extent practicable, to reduce to 90 days the period between Phase I and II funding of grants under the NIH SBIR program. Terminates the requirements of this section five years after the enactment of this Act.
(Sec. 5206) Directs the head of each federal agency participating in an SBIR or STTR program to develop performance measures relating to commercializing research or research and development activities for SBIR or STTR participants that have been awarded multiple Phase I awards but have not been awarded Phase II awards.
(Sec. 5207) Further defines "Phase III" for purposes of the SBIR and STTR programs, including what will qualify as "commercialization" under such phase.
(Sec. 5208) Requires final decisions on SBIR or STTR program proposals or applications within 90 days after the close of solicitations, or within 180 days thereafter if extended by the Administrator. Allows the NIH Director to make an award under an NIH SBIR or STTR program if the application for the award has undergone technical and scientific peer review under requirements of the Public Health Service Act.
Title LIII: Oversight and Evaluation - (Sec. 5301) Directs the SBA, in currently-required annual reports concerning SBIR and STTR programs, to include information on: (1) proposals received from small businesses with venture capital investment; (2) efforts to increase outreach to small businesses owned and controlled by women and socially or economically disadvantaged individuals; (3) implementation and compliance with requirements concerning the allocation of funding to small businesses owned and controlled by multiple venture capital companies; and (4) appeals of Phase III awards, as well as notices of noncompliance with SBIR and STTR Policy Directives. Directs the SBA to coordinate the implementation of electronic databases at participating federal agencies.
(Sec. 5302) Requires agencies with an SBIR or STTR program to annually collect information similar to that outlined above for program assessment purposes.
(Sec. 5304) Requires specified information concerning SBIR and STTR awardees to be included in public and government databases maintained by the SBA.
(Sec. 5306) Directs the Comptroller General (CG), in each of the five years following the enactment of this Act, to: (1) conduct a fiscal and management audit of the SBIR and STTR programs; and (2) report audit results to the small business committees.
(Sec. 5307) Amends the Small Business Reauthorization Act of 2000 to continue NAS evaluation of the SBIR program, as well as reports on such evaluation from the National Research Council to participating agency heads and the small business committees. Requires updates every four years.
(Sec. 5308) Requires the SBA to include in an annual report to Congress specified information on Phase III awards issued by federal agencies participating in SBIR or STTR programs.
(Sec. 5309) Directs the CG to conduct a study of, and report to the small business committees on, federal agency compliance with data rights and technologies protection for SBIR awardees.
(Sec. 5310) Requires each federal agency conducting an SBIR or STTR program to obtain consent from program applicants to release their contact information to economic development organizations.
(Sec. 5311) Directs the Administrator to allow each federal agency required to conduct an SBIR program to use up to 3% of such funds for costs relating to administrative, oversight, and contract processing activities, including added costs necessitated by amendments made under this Act.
(Sec. 5312) Requires the CG to conduct a study of, and report to Congress on, the impact of requirements of this Act relating to venture capital company involvement in SBIR and STTR programs.
(Sec. 5313) Directs the Administrator to: (1) amend the SBIR and STTR Policy Directives to include measures to prevent fraud, waste, and abuse in SBIR and STTR programs; and (2) establish a telephone hotline for reporting such fraud, waste, and abuse. Requires the CG to: (1) conduct a study evaluating federal agency implementation of the amendments made to such Directives; and (2) report study results to the small business committees and SBIR/STTR-participating federal agencies.
(Sec. 5314) Requires the Director of the Office of Science and Technology Policy to establish an Interagency SBIR/STTR Policy Committee to review, and make recommendations for improving the effectiveness and efficiency of, SBIR and STTR programs. Requires three reports from the Committee to the small business committees concerning such review and recommendations.
(Sec. 5315) Directs the Administrator to issue regulations to ensure that each federal agency required to carry out an SBIR or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance and audit procedures to reduce the paperwork and regulatory compliance burden on small businesses participating in such program.
Title LIV: Policy Directives - (Sec. 5401) Requires the Administrator to: (1) promulgate amendments to the SBIR and STTR Policy Directives to conform them to this Act and its amendments; and (2) publish the amended Directives in the Federal Register.
Title LV: Other Provisions - (Sec. 5501) Directs federal agencies required to establish an SBIR or STTR program, when determining appropriate research topics, to give special priority to applications for the support of projects relating to nanotechnology, rare diseases, security, energy, transportation, or improving the security and quality of the water supply and the efficiency of water systems through the use of technology. Requires such agencies to: (1) give consideration to research topics identified by the NAS, the NIH, and the national nanotechnology strategic plan; and (2) encourage applications from small businesses located in underrepresented or rural areas or areas with excessive unemployment rates, as well as small businesses owned and controlled by women, veterans, or Native Americans. Removes a requirement that certain specified DOD technology or research plans be utilized when identifying appropriate DOD research and development focus under SBIR or STTR programs.
(Sec. 5502) Directs each federal agency required to participate in an SBIR or STTR program to: (1) develop metrics to evaluate the effectiveness and benefit of such program; (2) conduct an annual evaluation of their program using such metrics; and (3) report evaluation results annually to the Administrator and Congress.
(Sec. 5503) Requires all SBIR or STTR funds to be awarded pursuant to competitive and merit-based selection procedures.