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H.R.1540

One Hundred Twelfth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fifth day of January, two thousand and eleven

An Act

To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions- This Act is organized into five divisions as follows: (1) Division A--Department of Defense Authorizations. (2) Division B--Military Construction Authorizations. (3) Division C--Department of Energy National Security Authorizations and Other Authorizations. (4) Division D--Funding Tables. (5) Division E--SBIR and STTR Reauthorization. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Sec. 111. Limitation on procurement of Stryker combat vehicles. Sec. 112. Limitation on retirement of C-23 aircraft. Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/HH-60M helicopters and Navy MH-60R/MH-60S helicopters.

Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH-60R/S helicopters. Sec. 122. Separate procurement line item for certain Littoral Combat Ship mission modules. Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance and sustainability plans for the Littoral Combat Ship program. Sec. 124. Extension of Ford-class aircraft carrier construction authority.

Subtitle D--Air Force Programs

Sec. 131. Strategic airlift aircraft force structure. Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft. Sec. 133. Limitation on retirement of U-2 aircraft. Sec. 134. Availability of fiscal year 2011 funds for research and development relating to the B-2 bomber aircraft. Sec. 135. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record. Sec. 136. Procurement of advanced extremely high frequency satellites.

Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on availability of funds for acquisition of joint tactical radio system. Sec. 142. Limitation on availability of funds for Aviation Foreign Internal Defense program. Sec. 143. F-35 Joint Strike Fighter aircraft. Sec. 144. Additional oversight requirements for the undersea mobility acquisition program of the United States Special Operations Command. Sec. 145. Inclusion of information on approved Combat Mission Requirements in quarterly reports on use of Combat Mission Requirement funds. Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-engining program. Sec. 147. Authority for exchange with United Kingdom of specified F-35 Lightning II Joint Strike Fighter aircraft. Sec. 148. Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter. Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on availability of funds for the ground combat vehicle program. Sec. 212. Limitation on the individual carbine program. Sec. 213. Limitation on availability of funds for Future Unmanned Carrier-based Strike System. Sec. 214. Limitation on availability of funds for amphibious assault vehicles of the Marine Corps. Sec. 215. Limitation on obligation of funds for the F-35 Lightning II aircraft program. Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber aircraft extremely high frequency satellite communications program. Sec. 217. Limitation on availability of funds for the Joint Space Operations Center management system. Sec. 218. Limitation on availability of funds for wireless innovation fund. Sec. 219. Prohibition on delegation of budgeting authority for certain research and educational programs. Sec. 220. Designation of main propulsion turbomachinery of the next-generation long-range strike bomber aircraft as major subprogram. Sec. 221. Designation of electromagnetic aircraft launch system development and procurement program as major subprogram. Sec. 222. Advanced rotorcraft flight research and development. Sec. 223. Preservation and storage of certain property related to F136 propulsion system.

Subtitle C--Missile Defense Programs

Sec. 231. Acquisition accountability reports on the ballistic missile defense system. Sec. 232. Comptroller General review and assessment of missile defense acquisition programs. Sec. 233. Homeland defense hedging policy and strategy. Sec. 234. Ground-based midcourse defense program. Sec. 235. Limitation on availability of funds for the medium extended air defense system. Sec. 236. Sense of Congress regarding ballistic missile defense training.

Subtitle D--Reports

Sec. 241. Extension of requirements for biennial roadmap and annual review and certification on funding for development of hypersonics. Sec. 242. Report and cost assessment of options for Ohio-class replacement ballistic missile submarine. Sec. 243. Report on the electromagnetic rail gun system. Sec. 244. Annual comptroller general report on the KC-46A aircraft acquisition program. Sec. 245. Independent review and assessment of cryptographic modernization program. Sec. 246. Report on increased budget items.

Subtitle E--Other Matters

Sec. 251. Repeal of requirement for Technology Transition Initiative. Sec. 252. Contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems. Sec. 253. Extension of authority for mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. Sec. 254. National defense education program. Sec. 255. Laboratory facilities, Hanover, New Hampshire. Sec. 256. Sense of Congress on active matrix organic light emitting diode technology.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Energy and Environmental Provisions

Sec. 311. Designation of senior official of Joint Chiefs of Staff for operational energy plans and programs and operational energy budget certification. Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the national defense. Sec. 313. Discharge of wastes at sea generated by ships of the Armed Forces. Sec. 314. Modification to the responsibilities of the Assistant Secretary of Defense for Operational Energy, Plans, and Programs. Sec. 315. Energy-efficient technologies in contracts for logistics support of contingency operations. Sec. 316. Health assessment reports required when waste is disposed of in open-air burn pits. Sec. 317. Streamlined annual report on defense environmental programs. Sec. 318. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington. Sec. 319. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina. Sec. 320. Fire suppression agents.

Subtitle C--Logistics and Sustainment

Sec. 321. Definition of depot-level maintenance and repair. Sec. 322. Designation of military arsenal facilities as Centers of Industrial and Technical Excellence. Sec. 323. Permanent and expanded authority for Army industrial facilities to enter into certain cooperative arrangements with non-Army entities. Sec. 324. Implementation of corrective actions resulting from corrosion study of the F-22 and F-35 aircraft. Sec. 325. Modification of requirements relating to minimum capital investment for certain depots. Sec. 326. Reports on depot-related activities. Sec. 327. Core depot-level maintenance and repair capabilities.

Subtitle D--Readiness

Sec. 331. Modification of Department of Defense authority to accept voluntary contributions of funds. Sec. 332. Review of proposed structures affecting navigable airspace.

Subtitle E--Reports

Sec. 341. Annual certification and modifications of annual report on prepositioned materiel and equipment. Sec. 342. Additional matters for inclusion in and modified deadline for the annual report on operational energy. Sec. 343. Study on Air Force test and training range infrastructure. Sec. 344. Study on training range infrastructure for special operations forces. Sec. 345. Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings. Sec. 346. Study on United States force posture in the United States Pacific Command area of responsibility. Sec. 347. Study on overseas basing presence of United States forces. Sec. 348. Inclusion of assessment of joint military training and force allocations in quadrennial defense review and national military strategy. Sec. 349. Modification of report on procurement of military working dogs.

Subtitle F--Limitations and Extension of Authority

Sec. 351. Adoption of military working dog by family of deceased or seriously wounded member of the Armed Forces who was the dog’s handler. Sec. 352. Prohibition on expansion of the Air Force food transformation initiative. Sec. 353. Designation and limitation on obligation and expenditure of funds for the migration of Army enterprise email services. Sec. 354. One-year extension of pilot program for availability of working-capital funds to Army for certain product improvements.

Subtitle G--Other Matters

Sec. 361. Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired cartridge cases. Sec. 362. Comptroller General review of space-available travel on military aircraft. Sec. 363. Authority to provide information for maritime safety of forces and hydrographic support. Sec. 364. Deposit of reimbursed funds under reciprocal fire protection agreements. Sec. 365. Clarification of the airlift service definitions relative to the Civil Reserve Air Fleet. Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts. Sec. 367. Policy on Active Shooter Training for certain law enforcement personnel. Sec. 368. Procurement of tents or other temporary structures.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Sec. 501. Increase in authorized strengths for Marine Corps officers on active duty in grades of major, lieutenant colonel, and colonel. Sec. 502. General officer and flag officer reform. Sec. 503. National Defense University outplacement waiver. Sec. 504. Voluntary retirement incentive matters.

Subtitle B--Reserve Component Management

Sec. 511. Leadership of National Guard Bureau. Sec. 512. Membership of the Chief of the National Guard Bureau on the Joint Chiefs of Staff. Sec. 513. Modification of time in which preseparation counseling must be provided to reserve component members being demobilized. Sec. 514. Clarification of applicability of authority for deferral of mandatory separation of military technicians (dual status) until age 60. Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active duty to provide assistance in response to a major disaster or emergency. Sec. 516. Authority for order to active duty of units of the Selected Reserve for preplanned missions in support of the combatant commands. Sec. 517. Modification of eligibility for consideration for promotion for reserve officers employed as military technicians (dual status). Sec. 518. Consideration of reserve component officers for appointment to certain command positions. Sec. 519. Report on termination of military technician as a distinct personnel management category.

Subtitle C--General Service Authorities

Sec. 521. Sense of Congress on the unique nature, demands, and hardships of military service. Sec. 522. Policy addressing dwell time and measurement and data collection regarding unit operating tempo and personnel tempo. Sec. 523. Protected communications by members of the Armed Forces and prohibition of retaliatory personnel actions. Sec. 524. Notification requirement for determination made in response to review of proposal for award of Medal of Honor not previously submitted in timely fashion. Sec. 525. Expansion of regular enlisted members covered by early discharge authority. Sec. 526. Extension of voluntary separation pay and benefits authority. Sec. 527. Prohibition on denial of reenlistment of members for unsuitability based on the same medical condition for which they were determined to be fit for duty. Sec. 528. Designation of persons authorized to direct disposition of remains of members of the Armed Forces. Sec. 529. Matters covered by preseparation counseling for members of the Armed Forces and their spouses. Sec. 530. Conversion of high-deployment allowance from mandatory to authorized. Sec. 531. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces. Sec. 532. Policy on military recruitment and enlistment of graduates of secondary schools. Sec. 533. Department of Defense suicide prevention program.

Subtitle D--Military Justice and Legal Matters

Sec. 541. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice. Sec. 542. Authority to compel production of documentary evidence. Sec. 543. Clarification of application and extent of direct acceptance of gifts authority. Sec. 544. Freedom of conscience of military chaplains with respect to the performance of marriages.

Subtitle E--Member Education and Training Opportunities and Administration

Sec. 551. Employment skills training for members of the Armed Forces on active duty who are transitioning to civilian life. Sec. 552. Enhancement of authorities on joint professional military education. Sec. 553. Temporary authority to waive maximum age limitation on admission to the military service academies. Sec. 554. Enhancement of administration of the United States Air Force Institute of Technology. Sec. 555. Enrollment of certain seriously wounded, ill, or injured former or retired enlisted members of the Armed Forces in associate degree programs of the Community College of the Air Force in order to complete degree program. Sec. 556. Reserve component mental health student stipend. Sec. 557. Fiscal year 2012 administration and report on the Troops-to-Teachers Program. Sec. 558. Pilot program on receipt of civilian credentialing for skills required for military occupational specialties. Sec. 559. Report on certain education assistance programs.

Subtitle F--Armed Forces Retirement Home

Sec. 561. Control and administration by Secretary of Defense. Sec. 562. Senior Medical Advisor oversight of health care provided to residents of Armed Forces Retirement Home. Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council and Resident Advisory Committees. Sec. 564. Administrators, Ombudsmen, and staff of facilities. Sec. 565. Revision of fee requirements. Sec. 566. Revision of inspection requirements. Sec. 567. Repeal of obsolete transitional provisions and technical, conforming, and clerical amendments.

Subtitle G--Defense Dependents’ Education and Military Family Readiness Matters

Sec. 571. Impact aid for children with severe disabilities. Sec. 572. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 573. Three-year extension and enhancement of authorities on transition of military dependent students among local educational agencies. Sec. 574. Revision to membership of Department of Defense Military Family Readiness Council. Sec. 575. Reemployment rights following certain National Guard duty. Sec. 576. Expansion of Operation Hero Miles. Sec. 577. Report on Department of Defense autism pilot and demonstration projects. Sec. 578. Comptroller General of the United States report on Department of Defense military spouse employment programs.

Subtitle H--Improved Sexual Assault Prevention and Response in the Armed Forces

Sec. 581. Access of sexual assault victims to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. Sec. 582. Consideration of application for permanent change of station or unit transfer based on humanitarian conditions for victim of sexual assault or related offense. Sec. 583. Director of Sexual Assault Prevention and Response Office. Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. Sec. 585. Training and education programs for sexual assault prevention and response program. Sec. 586. Department of Defense policy and procedures on retention and access to evidence and records relating to sexual assaults involving members of the Armed Forces.

Subtitle I--Other Matters

Sec. 588. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities. Sec. 589. Military adaptive sports program. Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration Program. Sec. 591. Army National Military Cemeteries. Sec. 592. Inspection of military cemeteries under jurisdiction of the military departments. Sec. 593. Authorization for award of the distinguished service cross for Captain Fredrick L. Spaulding for acts of valor during the Vietnam War. Sec. 594. Authorization and request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War. Sec. 595. Review regarding award of Medal of Honor to Jewish American World War I veterans. Sec. 596. Report on process for expedited determination of disability of members of the Armed Forces with certain disabling conditions. Sec. 597. Comptroller General study of military necessity of Selective Service System and alternatives. Sec. 598. Evaluation of issues affecting disposition of remains of American sailors killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on September 4, 1804.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Resumption of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. Sec. 602. Lodging accommodations for members assigned to duty in connection with commissioning or fitting out of a ship.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Sec. 616. Modification of qualifying period for payment of hostile fire and imminent danger special pay and hazardous duty special pay.

Subtitle C--Travel and Transportation Allowances Generally

Sec. 621. One-year extension of authority to reimburse travel expenses for inactive-duty training outside of normal commuting distance.

Subtitle D--Consolidation and Reform of Travel and Transportation Authorities

Sec. 631. Consolidation and reform of travel and transportation authorities of the uniformed services. Sec. 632. Transition provisions.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

Sec. 641. Discretion of the Secretary of the Navy to select categories of merchandise to be sold by ship stores afloat. Sec. 642. Access of military exchange stores system to credit available through Federal Financing Bank. Sec. 643. Designation of Fisher House for the Families of the Fallen and Meditation Pavilion, Dover Air Force Base, Delaware, as a Fisher House.

Subtitle F--Disability, Retired Pay and Survivor Benefits

Sec. 651. Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training.

Subtitle G--Other Matters

Sec. 661. Report on basic allowance for housing for National Guard members transitioning between active duty and full-time National Guard duty. Sec. 662. Report on incentives for recruitment and retention of health care professionals.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Sec. 701. Annual enrollment fees for certain retirees and dependents. Sec. 702. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation. Sec. 703. Behavioral health support for members of the reserve components of the Armed Forces. Sec. 704. Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities. Sec. 705. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States. Sec. 706. Transitional health benefits for certain members with extension of active duty following active duty in support of a contingency operation. Sec. 707. Provision of rehabilitative equipment under Wounded Warrior Act. Sec. 708. Transition enrollment of uniformed services family health plan medicare-eligible retirees to TRICARE for life.

Subtitle B--Health Care Administration

Sec. 711. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces. Sec. 712. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States. Sec. 713. Expansion of State licensure exception for certain health care professionals. Sec. 714. Clarification on confidentiality of medical quality assurance records. Sec. 715. Maintenance of the adequacy of provider networks under the TRICARE program. Sec. 716. Review of the administration of the military health system. Sec. 717. Limitation on availability of funds for the future electronic health records program.

Subtitle C--Reports and Other Matters

Sec. 721. Modification of authorities on surveys on continued viability of TRICARE Standard and TRICARE Extra. Sec. 722. Treatment of wounded warriors. Sec. 723. Report on research and treatment of post-traumatic stress disorder. Sec. 724. Report on memorandum regarding traumatic brain injuries. Sec. 725. Comptroller General report on women-specific health services and treatment for female members of the Armed Forces. Sec. 726. Comptroller General report on contract health care staffing for military medical treatment facilities.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Requirements relating to core depot-level maintenance and repair capabilities for Milestone A and Milestone B and elimination of references to Key Decision Points A and B. Sec. 802. Revision to law relating to disclosures to litigation support contractors. Sec. 803. Extension of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under defense contracts. Sec. 804. Extension of availability of funds in the Defense Acquisition Workforce Development Fund. Sec. 805. Defense Contract Audit Agency annual report. Sec. 806. Inclusion of data on contractor performance in past performance databases for source selection decisions. Sec. 807. Implementation of recommendations of Defense Science Board Task Force on Improvements to Service Contracting. Sec. 808. Temporary limitation on aggregate annual amount available for contract services. Sec. 809. Annual report on single-award task and delivery order contracts.

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 811. Calculation of time period relating to report on critical changes in major automated information systems. Sec. 812. Change in deadline for submission of Selected Acquisition Reports from 60 to 45 days. Sec. 813. Extension of sunset date for certain protests of task and delivery order contracts. Sec. 814. Clarification of Department of Defense authority to purchase right-hand drive passenger sedan vehicles and adjustment of threshold for inflation. Sec. 815. Rights in technical data and validation of proprietary data restrictions. Sec. 816. Covered contracts for purposes of requirements on contractor business systems. Sec. 817. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense. Sec. 818. Detection and avoidance of counterfeit electronic parts. Sec. 819. Modification of certain requirements of the Weapon Systems Acquisition Reform Act of 2009. Sec. 820. Inclusion of contractor support requirements in Department of Defense planning documents. Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from American sources. Sec. 822. Repeal of sunset of authority to procure fire resistant rayon fiber from foreign sources for the production of uniforms. Sec. 823. Prohibition on collection of political information.

Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Waiver of requirements relating to new milestone approval for certain major defense acquisition programs experiencing critical cost growth due to change in quantity purchased. Sec. 832. Assessment, management, and control of operating and support costs for major weapon systems. Sec. 833. Clarification of responsibility for cost analyses and targets for contract negotiation purposes. Sec. 834. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs. Sec. 835. Management of developmental test and evaluation for major defense acquisition programs. Sec. 836. Assessment of risk associated with development of major weapon systems to be procured under cooperative projects with friendly foreign countries. Sec. 837. Competition in maintenance and sustainment of subsystems of major weapon systems. Sec. 838. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program. Sec. 839. Implementation of acquisition strategy for Evolved Expendable Launch Vehicle.

Subtitle D--Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan

Sec. 841. Prohibition on contracting with the enemy in the United States Central Command theater of operations. Sec. 842. Additional access to contractor and subcontractor records in the United States Central Command theater of operations. Sec. 843. Reach-back contracting authority for Operation Enduring Freedom and Operation New Dawn. Sec. 844. Competition and review of contracts for property or services in support of a contingency operation. Sec. 845. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies. Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs.

Subtitle E--Defense Industrial Base Matters

Sec. 851. Assessment of the defense industrial base pilot program. Sec. 852. Strategy for securing the defense supply chain and industrial base. Sec. 853. Assessment of feasability and advisability of establishment of rare earth material inventory. Sec. 854. Department of Defense assessment of industrial base for night vision image intensification sensors. Sec. 855. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.

Subtitle F--Other Matters

Sec. 861. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts. Sec. 862. Encouragement of contractor Science, Technology, Engineering, and Math (STEM) programs. Sec. 863. Sense of Congress and report on authorities available to the Department of Defense for multiyear contracts for the purchase of alternative fuels. Sec. 864. Acquisition workforce improvements. Sec. 865. Modification of delegation of authority to make determinations on entry into cooperative research and development agreements with NATO and other friendly organizations and countries. Sec. 866. Three-year extension of test program for negotiation of comprehensive small business subcontracting plans. Sec. 867. Five-year extension of Department of Defense Mentor-Protege Program.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Revision of defense business systems requirements. Sec. 902. Qualifications for appointments to the position of Deputy Secretary of Defense. Sec. 903. Designation of Department of Defense senior official with principal responsibility for airship programs. Sec. 904. Memoranda of agreement on identification and dedication of enabling capabilities of general purpose forces to fulfill certain requirements of special operations forces. Sec. 905. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security interests. Sec. 906. Sense of Congress on use of modeling and simulation in Department of Defense activities. Sec. 907. Sense of Congress on ties between Joint Warfighting and Coalition Center and Allied Command Transformation of NATO. Sec. 908. Report on effects of planned reductions of personnel at the Joint Warfare Analysis Center on personnel skills.

Subtitle B--Space Activities

Sec. 911. Harmful interference to Department of Defense Global Positioning System. Sec. 912. Authority to designate increments or blocks of satellites as major subprograms subject to acquisition reporting requirements.

Subtitle C--Intelligence-Related Matters

Sec. 921. Report on implementation of recommendations by the Comptroller General on intelligence information sharing. Sec. 922. Insider threat detection. Sec. 923. Expansion of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions. Sec. 924. Ozone Widget Framework. Sec. 925. Plan for incorporation of enterprise query and correlation capability into the Defense Intelligence Information Enterprise. Sec. 926. Facilities for intelligence collection or special operations activities abroad.

Subtitle D--Total Force Management

Sec. 931. General policy for total force management. Sec. 932. Revisions to Department of Defense civilian personnel management constraints. Sec. 933. Additional amendments relating to total force management. Sec. 934. Modifications of annual defense manpower requirements report. Sec. 935. Revisions to strategic workforce plan. Sec. 936. Amendments to requirement for inventory of contracts for services. Sec. 937. Preliminary planning and duration of public-private competitions. Sec. 938. Conversion of certain functions from contractor performance to performance by Department of Defense civilian employees.

Subtitle E--Quadrennial Roles and Missions and Related Matters

Sec. 941. Chairman of the Joint Chiefs of Staff assessment of contingency plans. Sec. 942. Quadrennial defense review.

Subtitle F--Other Matters

Sec. 951. Activities to improve multilateral, bilateral, and regional cooperation regarding cybersecurity. Sec. 952. Report on United States Special Operations Command structure. Sec. 953. Strategy to acquire capabilities to detect previously unknown cyber attacks. Sec. 954. Military activities in cyberspace.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority. Sec. 1002. Budgetary effects of this Act. Sec. 1003. Additional requirements relating to the development of the Financial Improvement and Audit Readiness Plan. Sec. 1003A. Display of procurement of equipment for the reserve components of the Armed Forces under estimated expenditures for procurement in future-years defense programs.

Subtitle B--Counter-Drug Activities

Sec. 1004. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Sec. 1005. Three-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies. Sec. 1006. Two-year extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments. Sec. 1007. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. Sec. 1008. Reporting requirement on expenditures to support foreign counter-drug activities.

Subtitle C--Naval Vessels and Shipyards

Sec. 1011. Budgeting for construction of naval vessels. Sec. 1012. Sense of Congress on naming of Naval vessel after United States Marine Corps Sergeant Rafael Peralta. Sec. 1013. Limitation on availability of funds for placing Maritime Prepositioning Ship squadrons on reduced operating status. Sec. 1014. Report on policies and practices of the Navy for naming the vessels of the Navy. Sec. 1015. Transfer of certain high-speed ferries to the Navy. Sec. 1016. Modification of conditions on status of retired aircraft carrier ex-John F. Kennedy. Sec. 1017. Assessment of stationing of additional DDG-51 class destroyers at Naval Station Mayport, Florida.

Subtitle D--Counterterrorism

Sec. 1021. Affirmation of authority of the Armed Forces of the United States to detain covered persons pursuant to the Authorization for Use of Military Force. Sec. 1022. Military custody for foreign al-Qaeda terrorists. Sec. 1023. Procedures for periodic detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1024. Procedures for status determinations. Sec. 1025. Requirement for national security protocols governing detainee communications. Sec. 1026. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1028. Requirements for certifications relating to the transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities. Sec. 1029. Requirement for consultation regarding prosecution of terrorists. Sec. 1030. Clarification of right to plead guilty in trial of capital offense by military commission. Sec. 1031. Counterterrorism operational briefing requirement. Sec. 1032. National security planning guidance to deny safe havens to al-Qaeda and its violent extremist affiliates. Sec. 1033. Extension of authority to make rewards for combating terrorism. Sec. 1034. Amendments relating to the Military Commissions Act of 2009.

Subtitle E--Nuclear Forces

Sec. 1041. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system. Sec. 1042. Plan on implementation of the New START Treaty. Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. Sec. 1044. Sense of Congress on nuclear force reductions. Sec. 1045. Nuclear force reductions. Sec. 1046. Nuclear employment strategy of the United States. Sec. 1047. Comptroller General report on nuclear weapon capabilities and force structure requirements. Sec. 1048. Report on feasibility of joint replacement fuze program.

Subtitle F--Financial Management

Sec. 1051. Modification of authorities on certification and credential standards for financial management positions in the Department of Defense. Sec. 1052. Reliability of Department of Defense financial statements. Sec. 1053. Inclusion of plan on the financial management workforce in the strategic workforce plan of the Department of Defense. Sec. 1054. Tracking implementation of Department of Defense efficiencies.

Subtitle G--Repeal and Modification of Reporting Requirements

Sec. 1061. Repeal of reporting requirements under title 10, United States Code. Sec. 1062. Repeal of reporting requirements under annual defense authorization acts. Sec. 1063. Repeal of reporting requirements under other laws. Sec. 1064. Modification of reporting requirements under title 10, United States Code. Sec. 1065. Modification of reporting requirements under other titles of the United States Code. Sec. 1066. Modification of reporting requirements under annual defense authorization acts. Sec. 1067. Modification of reporting requirements under other laws.

Subtitle H--Studies and Reports

Sec. 1068. Transmission of reports in electronic format. Sec. 1069. Modifications to annual aircraft procurement plan. Sec. 1070. Change of deadline for annual report to Congress on National Guard and reserve component equipment. Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear weapons, and related programs in non-nuclear weapons states and countries not parties to the nuclear non-proliferation treaty, and certain foreign persons. Sec. 1072. Implementation plan for whole-of-government vision prescribed in the National Security Strategy. Sec. 1073. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites. Sec. 1074. Report on integration of unmanned aerial systems into the national airspace system. Sec. 1075. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace. Sec. 1076. Comptroller General review of medical research and development relating to improved combat casualty care. Sec. 1077. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States. Sec. 1078. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense. Sec. 1079. Report on Defense Department analytic capabilities regarding foreign ballistic missile threats. Sec. 1080. Report on approval and implementation of Air Sea Battle Concept. Sec. 1080A. Report on costs of units of the reserve components and the active components of the Armed Forces.

Subtitle I--Miscellaneous Authorities and Limitations

Sec. 1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense. Sec. 1082. Exemption from Freedom of Information Act for data files of the military flight operations quality assurance systems of the military departments. Sec. 1083. Limitation on procurement and fielding of light attack armed reconnaissance aircraft. Sec. 1084. Prohibition on the use of funds for manufacturing beyond low rate initial production at certain prototype integration facilities. Sec. 1085. Use of State Partnership Program funds for certain purposes.

Subtitle J--Other Matters

Sec. 1086. Redesignation of psychological operations as military information support operations in title 10, United States Code, to conform to Department of Defense usage. Sec. 1087. Termination of requirement for appointment of civilian members of National Security Education Board by and with the advice and consent of the Senate. Sec. 1088. Sense of Congress on application of moratorium on earmarks to this Act. Sec. 1089. Technical amendment. Sec. 1090. Cybersecurity collaboration between the Department of Defense and the Department of Homeland Security. Sec. 1091. Treatment under Freedom of Information Act of certain Department of Defense critical infrastructure security information. Sec. 1092. Expansion of scope of humanitarian demining assistance program to include stockpiled conventional munitions assistance. Sec. 1093. Number of Navy carrier air wings and carrier air wing headquarters. Sec. 1094. Display of annual budget requirements for organizational clothing and individual equipment. Sec. 1095. National Rocket Propulsion Strategy. Sec. 1096. Grants to certain regulated companies for specified energy property not subject to normalization rules. Sec. 1097. Unmanned aerial systems and national airspace. Sec. 1098. Modification of dates of Comptroller General of the United States review of executive agreement on joint medical facility demonstration project, North Chicago and Great Lakes, Illinois.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--Personnel

Sec. 1101. Amendments to Department of Defense personnel authorities. Sec. 1102. Provisions relating to the Department of Defense performance management system. Sec. 1103. Repeal of sunset provision relating to direct hire authority at demonstration laboratories. Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1105. Waiver of certain pay limitations. Sec. 1106. Services of post-combat case coordinators. Sec. 1107. Authority to waive maximum-age limit for certain appointments. Sec. 1108. Sense of Congress relating to pay parity for Federal employees serving at certain remote military installations. Sec. 1109. Federal internship programs. Sec. 1110. Extension and expansion of experimental personnel program for scientific and technical personnel. Sec. 1111. Authority of the Secretaries of the military departments to employ up to 10 persons without pay. Sec. 1112. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone.

Subtitle B--Other Matters

Sec. 1121. Modification of beneficiary designation authorities for death gratuity payable upon death of a United States Government employee in service with the Armed Forces. Sec. 1122. Authority for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program. Sec. 1123. Extension of continued health benefits. Sec. 1124. Disclosure of senior mentors. Sec. 1125. Termination of Joint Safety Climate Assessment System.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. Commanders’ Emergency Response Program in Afghanistan. Sec. 1202. Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability. Sec. 1203. Extension and expansion of authority for support of special operations to combat terrorism. Sec. 1204. Modification and extension of authorities relating to program to build the capacity of foreign military forces. Sec. 1205. Two-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 1206. Support of foreign forces participating in operations to disarm the Lord’s Resistance Army. Sec. 1207. Global Security Contingency Fund.

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

Sec. 1211. Extension and modification of logistical support for coalition forces supporting operations in Iraq and Afghanistan. Sec. 1212. One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan. Sec. 1213. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1214. Limitation on funds to establish permanent military installations or bases in Iraq and Afghanistan. Sec. 1215. Authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1216. One-year extension of authority to use funds for reintegration activities in Afghanistan. Sec. 1217. Authority to establish a program to develop and carry out infrastructure projects in Afghanistan. Sec. 1218. Two-year extension of certain reports on Afghanistan. Sec. 1219. Limitation on availability of amounts for reintegration activities in Afghanistan. Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. Sec. 1221. Benchmarks to evaluate the progress being made toward the transition of security responsibilities for Afghanistan to the Government of Afghanistan.

Subtitle C--Reports and Other Matters

Sec. 1231. Report on Coalition Support Fund reimbursements to the Government of Pakistan for operations conducted in support of Operation Enduring Freedom. Sec. 1232. Review and report on Iran’s and China’s conventional and anti-access capabilities. Sec. 1233. Report on energy security of the NATO alliance. Sec. 1234. Comptroller General of the United States report on the National Guard State Partnership Program. Sec. 1235. Man-portable air-defense systems originating from Libya. Sec. 1236. Report on military and security developments involving the Democratic People’s Republic of Korea. Sec. 1237. Sense of Congress on non-strategic nuclear weapons and extended deterrence policy. Sec. 1238. Annual report on military and security developments involving the People’s Republic of China. Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet Pilot Training program. Sec. 1240. Report on Russian nuclear forces. Sec. 1241. Report on progress of the African Union in operationalizing the African Standby Force. Sec. 1242. Defense cooperation with Republic of Georgia. Sec. 1243. Prohibition on procurements from Communist Chinese military companies. Sec. 1244. Sharing of classified United States ballistic missile defense information with the Russian Federation. Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran.

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of cooperative threat reduction programs and funds. Sec. 1302. Funding allocations. Sec. 1303. Limitation on availability of funds for cooperative biological engagement program. Sec. 1304. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds. Sec. 1402. National Defense Sealift Fund. Sec. 1403. Chemical Agents and Munitions Destruction, Defense. Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1405. Defense Inspector General. Sec. 1406. Defense Health Program.

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds. Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile.

Subtitle C--Other Matters

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1422. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose. Sec. 1502. Procurement. Sec. 1503. Research, development, test, and evaluation. Sec. 1504. Operation and maintenance. Sec. 1505. Military personnel. Sec. 1506. Working capital funds. Sec. 1507. Defense Health Program. Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1509. Defense Inspector General.

Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations. Sec. 1522. Special transfer authority.

Subtitle C--Limitations and Other Matters

Sec. 1531. Joint Improvised Explosive Device Defeat Fund. Sec. 1532. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. Sec. 1533. Availability of funds in Afghanistan Security Forces Fund. Sec. 1534. One-year extension of project authority and related requirements of Task Force for Business and Stability Operations in Afghanistan. Sec. 1535. Limitation on availability of funds for Trans Regional Web Initiative. Sec. 1536. Report on lessons learned from Department of Defense participation on interagency teams for counterterrorism operations in Afghanistan and Iraq.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations, Army. Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. Sec. 2107. Modification of authority to carry out certain fiscal year 2011 projects. Sec. 2108. Additional authority to carry out certain fiscal year 2012 project. Sec. 2109. Extension of authorizations of certain fiscal year 2008 projects. Sec. 2110. Extension of authorizations of certain fiscal year 2009 projects. Sec. 2111. Tour normalization. Sec. 2112. Technical amendments to correct certain project specifications. Sec. 2113. Reduction of Army military construction authorization.

TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Extension of authorization of certain fiscal year 2008 project. Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. Sec. 2207. Guam realignment. Sec. 2208. Reduction of Navy military construction authorization.

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 project. Sec. 2306. Extension of authorization of certain fiscal year 2009 project. Sec. 2307. Reduction of Air Force military construction authorization.

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, Defense Agencies.

Subtitle B--Chemical Demilitarization Authorizations

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

Subtitle C--Other Matters

Sec. 2421. Reduction of Defense Agencies military construction authorization.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B--Other Matters

Sec. 2611. Extension of authorization of certain fiscal year 2008 project. Sec. 2612. Extension of authorizations of certain fiscal year 2009 projects. Sec. 2613. Modification of authority to carry out certain fiscal year 2008 and 2009 projects.

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005. Sec. 2703. Authority to complete specific base closure and realignment recommendations. Sec. 2704. Special considerations related to transportation infrastructure in consideration and selection of military installations for closure or realignment.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

Sec. 2801. Prohibition on use of any cost-plus system of contracting for military construction and military family housing projects. Sec. 2802. Modification of authority to carry out unspecified minor military construction projects. Sec. 2803. Protections for suppliers of labor and materials under contracts for military construction projects and military family housing projects. Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. Sec. 2805. General military construction transfer authority.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of authority to use Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration activities at Pentagon Reservation. Sec. 2812. Reporting requirements related to the granting of easements. Sec. 2813. Limitations on use or development of property in Clear Zone Areas and clarification of authority to limit encroachments. Sec. 2814. Department of Defense conservation and cultural activities. Sec. 2815. Exchange of property at military installations. Sec. 2816. Defense access road program enhancements to address transportation infrastructure in vicinity of military installations.

Subtitle C--Energy Security

Sec. 2821. Consolidation of definitions used in energy security chapter. Sec. 2822. Consideration of energy security in developing energy projects on military installations using renewable energy sources. Sec. 2823. Establishment of interim objective for Department of Defense 2025 renewable energy goal. Sec. 2824. Use of centralized purchasing agents for renewable energy certificates to reduce cost of facility energy projects using renewable energy sources and improve efficiencies. Sec. 2825. Identification of energy-efficient products for use in construction, repair, or renovation of Department of Defense facilities. Sec. 2826. Submission of annual Department of Defense energy management reports. Sec. 2827. Requirement for Department of Defense to capture and track data generated in metering Department facilities. Sec. 2828. Metering of Navy piers to accurately measure energy consumption. Sec. 2829. Training policy for Department of Defense energy managers. Sec. 2830. Report on energy-efficiency standards and prohibition on use of funds for Leadership in Energy and Environmental Design gold or platinum certification.

Subtitle D--Provisions Related to Guam Realignment

Sec. 2841. Certification of medical care coverage for H-2B temporary workforce on military construction projects on Guam. Sec. 2842. Repeal of condition on use of specific utility conveyance authority regarding Guam integrated water and wastewater treatment system.

Subtitle E--Land Conveyances

Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf Richardson, Alaska. Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui areas, Hawaii. Sec. 2854. Land exchange, Fort Bliss Texas. Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah.

Subtitle F--Other Matters

Sec. 2861. Redesignation of Industrial College of the Armed Forces as the Dwight D. Eisenhower School for National Security and Resource Strategy. Sec. 2862. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike O’Callaghan Federal Medical Center. Sec. 2863. Prohibition on naming Department of Defense real property after a Member of Congress. Sec. 2864. Notifications of reductions in number of members of the Armed Forces assigned to permanent duty at a military installation. Sec. 2865. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy. Sec. 2866. Report on the Homeowners Assistance Program. Sec. 2867. Data servers and centers.

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Limitation on availability of funds for establishment of centers of excellence on nuclear security outside of the former Soviet Union. Sec. 3112. Aircraft procurement. Sec. 3113. Hanford waste tank cleanup program reforms. Sec. 3114. Recognition and status of National Atomic Testing Museum.

Subtitle C--Reports

Sec. 3121. Repeal of certain report requirements. Sec. 3122. Progress on nuclear nonproliferation. Sec. 3123. Reports on role of nuclear security complex sites and potential efficiencies. Sec. 3124. Net assessment of high-performance computing capabilities of foreign countries. Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear reactor technology.

Subtitle D--Other Matters

Sec. 3131. Sense of Congress on the use of savings from excess amounts for certain pension plan contributions.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2012. Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force vessels. Sec. 3503. Recruitment authority. Sec. 3504. Ship scrapping reporting requirement.

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations.

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations.

TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations.

TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations.

TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

DIVISION E--SBIR AND STTR REAUTHORIZATION

TITLE L--SHORT TITLE; DEFINITIONS

Sec. 5001. Short title. Sec. 5002. Definitions.

TITLE LI--SBIR AND STTR REAUTHORIZATION

Subtitle A--Reauthorization of the SBIR and STTR Programs

Sec. 5101. Extension of termination dates. Sec. 5102. SBIR and STTR allocation increase. Sec. 5103. SBIR and STTR award levels. Sec. 5104. Agency and program flexibility. Sec. 5105. Elimination of Phase II invitations. Sec. 5106. Pilot to allow phase flexibility. Sec. 5107. Participation by firms with substantial investment from multiple venture capital operating companies, hedge funds, or private equity firms in a portion of the SBIR program. Sec. 5108. SBIR and STTR special acquisition preference. Sec. 5109. Collaborating with Federal laboratories and research and development centers. Sec. 5110. Notice requirement. Sec. 5111. Additional SBIR and STTR awards.

Subtitle B--Outreach and Commercialization Initiatives

Sec. 5121. Technical assistance for awardees. Sec. 5122. Commercialization Readiness Program at Department of Defense. Sec. 5123. Commercialization Readiness Pilot Program for civilian agencies. Sec. 5124. Interagency Policy Committee. Sec. 5125. Clarifying the definition of ‘Phase III’. Sec. 5126. Shortened period for final decisions on proposals and applications. Sec. 5127. Phase 0 Proof of Concept Partnership pilot program.

Subtitle C--Oversight and Evaluation

Sec. 5131. Streamlining annual evaluation requirements. Sec. 5132. Data collection from agencies for SBIR. Sec. 5133. Data collection from agencies for STTR. Sec. 5134. Public database. Sec. 5135. Government database. Sec. 5136. Accuracy in funding base calculations. Sec. 5137. Continued evaluation by the National Academy of Sciences. Sec. 5138. Technology insertion reporting requirements. Sec. 5139. Intellectual property protections. Sec. 5140. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations. Sec. 5141. Pilot to allow funding for administrative, oversight, and contract processing costs. Sec. 5142. GAO study with respect to venture capital operating company, hedge fund, and private equity firm involvement. Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse. Sec. 5144. Simplified paperwork requirements.

Subtitle D--Policy Directives

Sec. 5151. Conforming amendments to the SBIR and the STTR Policy Directives.

Subtitle E--Other Provisions

Sec. 5161. Report on SBIR and STTR program goals. Sec. 5162. Competitive selection procedures for SBIR and STTR programs. Sec. 5163. Loan restrictions. Sec. 5164. Limitation on pilot programs. Sec. 5165. Commercialization success. Sec. 5166. Publication of certain information. Sec. 5167. Report on enhancement of manufacturing activities. Sec. 5168. Coordination of the SBIR program and the Experimental Program to Stimulate Competitive Research.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Sec. 111. Limitation on procurement of Stryker combat vehicles. Sec. 112. Limitation on retirement of C-23 aircraft. Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/HH-60M helicopters and Navy MH-60R/MH-60S helicopters.

Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH-60R/S helicopters. Sec. 122. Separate procurement line item for certain Littoral Combat Ship mission modules. Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance and sustainability plans for the Littoral Combat Ship program. Sec. 124. Extension of Ford-class aircraft carrier construction authority.

Subtitle D--Air Force Programs

Sec. 131. Strategic airlift aircraft force structure. Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft. Sec. 133. Limitation on retirement of U-2 aircraft. Sec. 134. Availability of fiscal year 2011 funds for research and development relating to the B-2 bomber aircraft. Sec. 135. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record. Sec. 136. Procurement of advanced extremely high frequency satellites.

Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on availability of funds for acquisition of joint tactical radio system. Sec. 142. Limitation on availability of funds for Aviation Foreign Internal Defense program. Sec. 143. F-35 Joint Strike Fighter aircraft. Sec. 144. Additional oversight requirements for the undersea mobility acquisition program of the United States Special Operations Command. Sec. 145. Inclusion of information on approved Combat Mission Requirements in quarterly reports on use of Combat Mission Requirement funds. Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-engining program. Sec. 147. Authority for exchange with United Kingdom of specified F-35 Lightning II Joint Strike Fighter aircraft. Sec. 148. Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter. Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program.

Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle B--Army Programs

SEC. 111. LIMITATION ON PROCUREMENT OF STRYKER COMBAT VEHICLES.

(a) Limitation- Except as provided by subsection (b), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2012 for weapons and tracked combat vehicles, Army, the Secretary of the Army may not procure more than 100 Stryker combat vehicles. (b) Waiver- The Secretary of the Army may waive the limitation under subsection (a) if the Secretary submits to the congressional defense committees written certification by the Assistant Secretary of the Army for Acquisition, Technology, and Logistics that-- (1) there are validated needs of the Army requiring the waiver; (2) all Stryker combat vehicles required to fully equip the nine Stryker brigades and to meet other validated requirements regarding the vehicle have been procured or placed on contract for procurement; (3) the size of the Stryker combat vehicle fleet not assigned directly to Stryker brigade combat teams is essential to maintaining the readiness of Stryker brigade combat teams; and (4) with respect to the Stryker combat vehicles planned to be procured pursuant to the waiver, cost estimates are complete for the long-term sustainment of the vehicles.

SEC. 112. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.

(a) In General- Upon determining to retire a C-23 aircraft for which there has been no previously agreed upon transfer of title for such aircraft as of the date of the enactment of this Act, the Secretary of the Army shall first offer title to such aircraft to the chief executive officer of the State in which such aircraft is based. (b) Transfer Upon Acceptance of Offer- If the chief executive officer of a State accepts title of an aircraft under subsection (a), the Secretary shall transfer title of the aircraft to the State without charge to the State. The Secretary shall provide a reasonable amount of time for acceptance of the offer. (c) Sustainment- Immediately upon transfer of title to an aircraft to the State under this section, the State shall assume all costs associated with operating, maintaining, sustaining, and modernizing the aircraft. (d) Airlift Study and Report- (1) STUDY- Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Secretary of the Army, the Director of the National Guard Bureau, each supported commander of a combatant command, and the Administrator of the Federal Emergency Management Agency, shall conduct a study to determine the number of fixed-wing and rotary-wing aircraft required to support the following titles 10 and 32, United States Code, missions at low, medium, moderate, high, and very-high levels of operational risk: (A) Homeland defense. (B) Time sensitive, direct support to forces consisting of the regular component of the Army and the National Guard. (C) Disaster response. (D) Humanitarian assistance. (2) REPORT- The Secretary shall submit to the congressional defense committees a report containing the study under paragraph (1). (e) GAO Sufficiency Review- (1) REVIEW- The Comptroller General of the United States shall conduct a sufficiency review of the study under subsection (d)(1). (2) REPORT- The Comptroller General shall submit to the congressional defense committees a report containing the review under paragraph (1).

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY UH-60M/HH-60M HELICOPTERS AND NAVY MH-60R/MH-60S HELICOPTERS.

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2012 program year, for the procurement of airframes for UH-60M/HH-60M helicopters and, acting as the executive agent for the Department of the Navy, for the procurement of airframes for MH-60R/S helicopters. (b) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.

Subtitle C--Navy Programs

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND COMMON COCKPITS FOR NAVY MH-60R/S HELICOPTERS.

(a) Authority for Multiyear Procurement- Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters. (b) Condition for Out-year Contract Payments- A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2012 is subject to the availability of appropriations for that purpose for such later fiscal year.

SEC. 122. SEPARATE PROCUREMENT LINE ITEM FOR CERTAIN LITTORAL COMBAT SHIP MISSION MODULES.

(a) In General- In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2013, and each subsequent fiscal year, the Secretary shall ensure that a separate, dedicated procurement line item is designated for each covered module that includes the quantity and cost of each such module requested. (b) Form- The Secretary shall ensure that any classified components of covered modules not included in a procurement line item under subsection (a) shall be included in a classified annex. (c) Covered Module- In this section, the term ‘covered module’ means, with respect to mission modules of the Littoral Combat Ship, the following modules: (1) Surface warfare. (2) Mine countermeasures. (3) Anti-submarine warfare.

SEC. 123. LIFE-CYCLE COST-BENEFIT ANALYSIS ON ALTERNATIVE MAINTENANCE AND SUSTAINABILITY PLANS FOR THE LITTORAL COMBAT SHIP PROGRAM.

(a) Cost-benefit Analysis- The Secretary of the Navy shall conduct a life-cycle cost-benefit analysis, in accordance with the Office of Management and Budget Circular A-94, comparing alternative maintenance and sustainability plans for the Littoral Combat Ship program. (b) Report- At the same time that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2013, the Secretary of the Navy shall submit to the congressional defense committees a report on the cost-benefit analysis conducted under subsection (a).

SEC. 124. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUCTION AUTHORITY.

Section 121(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104) is amended by striking ‘three fiscal years’ and inserting ‘four fiscal years’.

Subtitle D--Air Force Programs

SEC. 131. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.

Section 8062(g)(1) of title 10, United States Code, is amended-- (1) by striking ‘October 1, 2009’ and inserting ‘October 1, 2011’; and (2) by striking ‘316 aircraft’ and inserting ‘301 aircraft’.

SEC. 132. LIMITATIONS ON USE OF FUNDS TO RETIRE B-1 BOMBER AIRCRAFT.

(a) In General- None of the funds authorized to be appropriated by this Act for fiscal year 2012 for the Department of Defense may be obligated or expended to retire any B-1 bomber aircraft on or before the date on which the Secretary of the Air Force submits to the congressional defense committees the plan described in subsection (b). (b) Plan Described- The plan described in this subsection is a plan for retiring B-1 bomber aircraft that includes the following: (1) An identification of each B-1 bomber aircraft that will be retired and the disposition plan for such aircraft. (2) An estimate of the savings that will result from the proposed retirement of B-1 bomber aircraft in each calendar year through calendar year 2022. (3) An estimate of the amount of the savings described in paragraph (2) that will be reinvested in the modernization of B-1 bomber aircraft still in service in each calendar year through calendar year 2022. (4) A modernization plan for sustaining the remaining B-1 bomber aircraft through at least calendar year 2022. (5) An estimate of the amount of funding required to fully fund the modernization plan described in paragraph (4) for each calendar year through calendar year 2022. (c) Post-plan B-1 Retirement- (1) IN GENERAL- During the period described by paragraph (4), the Secretary of the Air Force shall maintain in a common capability configuration not less than 36 B-1 aircraft as combat-coded aircraft. (2) FY 2014 AND THEREAFTER- After the period described in paragraph (4), the Secretary shall maintain not less than-- (A) 35 B-1 aircraft as combat-coded aircraft in a common capability configuration until September 30, 2014; (B) 34 such aircraft as combat-coded aircraft in a common capability configuration until September 30, 2015; and (C) 33 such aircraft as combat-coded aircraft in a common capability configuration until September 30, 2016. (3) TOTAL AMOUNT OF RETIRED B-1 AIRCRAFT- The Secretary may not retire more than a total of six B-1 aircraft, including the B-1 aircraft retired in accordance with this subsection. (4) PERIOD DESCRIBED- The period described in this paragraph is the period beginning on the date on which the plan described in subsection (b) is submitted to the congressional defense committees and ending on September 30, 2013. (5) COMBAT-CODED AIRCRAFT DEFINED- In this subsection, the term ‘combat-coded aircraft’ means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.

SEC. 133. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.

(a) Limitation- The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining the U-2 aircraft fleet in its current configuration and capability beyond fiscal year 2016 until-- (1) the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the appropriate committees of Congress that the operating and sustainment (O&S) costs for the Global Hawk unmanned aerial vehicle (UAV) are less than the operating and sustainment costs for the U-2 aircraft on a comparable flight-hour cost basis; and (2) the Chairman of the Joint Requirements Oversight Council certifies in writing to the appropriate committees of Congress that the capability to be fielded at the same time or before the U-2 aircraft retirement would result in equal or greater capability available to the commanders of the combatant commands. (b) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means-- (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 134. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND DEVELOPMENT RELATING TO THE B-2 BOMBER AIRCRAFT.

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

SEC. 135. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT ALTERNATIVE OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL INCREMENT 1 PROGRAM OF RECORD.

(a) In General- Of the unobligated balance of amounts appropriated for fiscal year 2011 for the Air Force and available for procurement of B-2 bomber aircraft modifications, post-production support, and other charges, $15,000,000 may be available to support alternative options for the extremely high frequency terminal Increment 1 program of record. (b) Plan To Secure Protected Communications- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 bomber aircraft and other aircraft.

SEC. 136. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES.

(a) Contract Authority- (1) IN GENERAL- The Secretary of the Air Force may procure two advanced extremely high frequency satellites by entering into a fixed-price contract. Such procurement may also include-- (A) material and equipment in economic order quantities when cost savings are achievable; and (B) cost reduction initiatives. (2) USE OF INCREMENTAL FUNDING- With respect to a contract entered into under paragraph (1) for the procurement of advanced extremely high frequency satellites, the Secretary may use incremental funding for a period not to exceed six fiscal years. (3) LIABILITY- A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that the total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at the time of termination. (b) Limitation of Costs- (1) LIMITATION- Except as provided by subsection (c), and excluding amounts described in paragraph (2), the total amount obligated or expended for the procurement of two advanced extremely high frequency satellites authorized by subsection (a) may not exceed $3,100,000,000. (2) EXCLUSION- The amounts described in this paragraph are amounts associated with the following: (A) Plans. (B) Technical data packages. (C) Post-delivery and program support costs. (D) Technical support for obsolescence studies. (c) Waiver and Adjustment to Limitation Amount- (1) WAIVER- In accordance with paragraph (2), the Secretary may waive the limitation in subsection (b)(1) if the Secretary submits to the congressional defense committees written notification of the adjustment made to the amount set forth in such subsection. (2) ADJUSTMENT- Upon waiving the limitation under paragraph (1), the Secretary may adjust the amount set forth in subsection (b)(1) by the following: (A) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2011. (B) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2011. (C) The amounts of increases or decreases in costs of the satellites that are attributable to insertion of new technology into an advanced extremely high frequency satellite, as compared to the technology built into such a satellite procured prior to fiscal year 2012, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is-- (i) expected to decrease the life-cycle cost of the satellite; or (ii) required to meet an emerging threat that poses grave harm to national security. (d) Use of Funds Available for Space Vehicle Number 5 for Space Vehicle Number 6- The Secretary may obligate and expend amounts authorized to be appropriated for fiscal year 2012 by section 101 for procurement for the Air Force as specified in the funding table in section 4101 and available for the advanced procurement of long-lead parts and the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 5 for the advanced procurement of long-lead parts and the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 6. (e) Report- Not later than 30 days after the date on which the Secretary awards a contract under subsection (a), the Secretary shall submit to the congressional defense committees a report on such contract, including the following: (1) The total cost savings resulting from the authority provided by subsection (a). (2) The type and duration of the contract awarded. (3) The total contract value. (4) The funding profile by year. (5) The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract, including how any such changes may affect the success of the contract. (6) A plan for using cost savings described in paragraph (1) to improve the capability of military satellite communications, including a description of-- (A) the available funds, by year, resulting from such cost savings; (B) the specific activities or subprograms to be funded by such cost savings and the funds, by year, allocated to each such activity or subprogram; (C) the objectives for each such activity or subprogram and the criteria used by the Secretary to determine which such activity or subprogram to fund; (D) the method in which such activities or subprograms will be awarded, including whether it will be on a competitive basis; and (E) the process for determining how and when such activities and subprograms would transition to an existing program or be established as a new program of record. (f) Sense of Congress- It is the sense of Congress that the Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two advanced extremely high frequency satellites unless the Secretary determines that entering into such a contract will save the Air Force not less than 20 percent over the cost of procuring two such satellites separately.

Subtitle E--Joint and Multiservice Matters

SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OF JOINT TACTICAL RADIO SYSTEM.

(a) Limitation- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2012 for other procurement, Army, for covered programs of the joint tactical radio system, not more than 70 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees written certification that the acquisition strategy for the full-rate production of covered programs of such radio system includes full and open competition (as defined in section 2302(3)(D) of title 10, United States Code) that includes commercially developed systems that the Secretary determines are qualified with respect to successful testing by the Army and certification by the National Security Agency. (b) LRIP- The limitation under subsection (a) shall not apply to the low-rate initial production of covered programs. (c) Covered Programs- In this section, the term ‘covered programs’ means, with respect to the joint tactical radio system, the following: (1) The ground mobile radio. (2) The handheld, manpack, and small form fit.

SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AVIATION FOREIGN INTERNAL DEFENSE PROGRAM.

(a) Limitation- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2012 for the procurement of fixed-wing non-standard aviation aircraft in support of the aviation foreign internal defense program, not more than 50 percent may be obligated or expended until the date that is 30 days after the date on which the Commander of the United States Special Operations Command submits the report under subsection (b)(1). (b) Report Required- (1) REPORT- Not later than March 15, 2012, the Commander of the United States Special Operations Command shall submit to the congressional defense committees a report on the aviation foreign internal defense program. (2) MATTERS INCLUDED- The report under paragraph (1) shall include the following: (A) An overall description of the program, including its goals and proposed metrics of performance success. (B) The results of any analysis of alternatives and efficiencies reviews for contracts awarded for the aviation foreign internal defense program. (C) An assessment of the advantages and disadvantages of procuring new aircraft, procuring used aircraft, or leasing aircraft to meet mission requirements, including an explanation of any efficiencies and savings. (D) A comprehensive strategy outlining and justifying the overall projected growth of the aviation foreign internal defense program to satisfy the increased requirements of the commanders of the geographic combatant commands. (E) An examination of efficiencies that could be gained by procuring platforms such as those being procured for light mobility aircraft. (3) FORM- The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 143. F-35 JOINT STRIKE FIGHTER AIRCRAFT.

In entering into a contract for the procurement of aircraft for the sixth and all subsequent low-rate initial production contract lots for the F-35 Lightning II Joint Strike Fighter aircraft, the Secretary of Defense shall ensure each of the following: (1) That the contract is a fixed-price contract. (2) That the contract requires the contractor to assume full responsibility for costs under the contract above the target cost specified in the contract.

SEC. 144. ADDITIONAL OVERSIGHT REQUIREMENTS FOR THE UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE UNITED STATES SPECIAL OPERATIONS COMMAND.

(a) Limitation on Milestone B Decision- The Commander of the United States Special Operations Command may not make any milestone B acquisition decisions with respect to a covered element until a 30-day period has elapsed after the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics-- (1) conducts the assessment and determination under subsection (b) for the covered element; and (2) submits to the congressional defense committees a report including-- (A) the determination of the Under Secretary with respect to the appropriate acquisition category for the covered element; and (B) the validated requirements, independent cost estimate, test and evaluation master plan, and technology readiness assessment described in paragraphs (1) through (4) of subsection (b), respectively. (b) Assessment and Determination- With respect to each covered element, the Under Secretary shall conduct an assessment and determination of whether to treat the covered element as a major defense acquisition program. Such assessment shall include-- (1) a requirements validation by the Joint Requirements Oversight Council; (2) an independent cost estimate prepared by the Director of Cost Assessment and Program Evaluation; (3) a test and evaluation master plan reviewed by the Director of Operational Test and Evaluation; and (4) a technology readiness assessment reviewed by the Assistant Secretary of Defense for Research and Engineering. (c) Covered Element Defined- In this section, the term ‘covered element’ means any of the following elements of the undersea mobility acquisition program of the United States Special Operations Command: (1) The dry combat submersible-light program. (2) The dry combat submersible-medium program. (3) The next-generation submarine shelter program. (4) Any new dry combat submersible developed under the undersea mobility acquisition program of the United States Special Operations Command after the date of the enactment of this Act.

SEC. 145. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT MISSION REQUIREMENT FUNDS.

Section 123(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4159; 10 U.S.C. 167 note) is amended by adding at the end the following new paragraphs: ‘(6) A table setting forth the Combat Mission Requirements approved during the fiscal year in which such report is submitted and the two preceding fiscal years, including for each such Requirement-- ‘(A) the title of such Requirement; ‘(B) the date of approval of such Requirement; and ‘(C) the amount of funding approved for such Requirement, and the source of such approved funds. ‘(7) A statement of the amount of any unspent Combat Mission Requirements funds from the fiscal year in which such report is submitted and the two preceding fiscal years.’.

SEC. 146. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-ENGINING PROGRAM.

(a) Report on Audit of Funds for Program- (1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Air Force Audit Agency shall submit to the congressional defense committees the results of a financial audit of the funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System (JSTARS) aircraft re-engining program. (2) ELEMENTS- The report on the audit required by paragraph (1) shall include the following: (A) A description of how the funds described in that paragraph were expended, including-- (i) an assessment of the existence, completeness, and cost of the assets acquired with such funds; and (ii) an assessment of the costs that were capitalized as military equipment and inventory and the cost characterized as operating expenses (including payroll, freight and shipment, inspection, and other operating costs). (B) A statement of the amount of such funds that remain in the original budget lines. (C) A statement of the amount of such funds that were reprogrammed or expired, and in which accounts. (b) Use of Funds- The Secretary of the Air Force shall take appropriate actions to ensure that funds authorized to be appropriated by this Act for JSTARS aircraft, and any funds described by subsection (a)(2)(B), are obligated and expended for the purposes for which authorized and appropriated, including, but not limited to, the installation of one engine shipset on an operational JSTARS aircraft.

SEC. 147. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F-35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT.

(a) Authority- (1) EXCHANGE AUTHORITY- In accordance with subsection (c), the Secretary of Defense may transfer to the United Kingdom of Great Britain and Northern Ireland (in this section referred to as the ‘United Kingdom’) all right, title, and interest of the United States in and to an aircraft described in paragraph (2) in exchange for the transfer by the United Kingdom to the United States of all right, title, and interest of the United Kingdom in and to an aircraft described in paragraph (3). The Secretary may execute the exchange under this section on behalf of the United States only with the concurrence of the Secretary of State. (2) AIRCRAFT TO BE EXCHANGED BY UNITED STATES- The aircraft authorized to be transferred by the United States under this subsection is an F-35 Lightning II aircraft in the Carrier Variant configuration acquired by the United States for the Marine Corps under a future Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 6 contract. (3) AIRCRAFT TO BE EXCHANGED BY UNITED KINGDOM- The aircraft for which the exchange under paragraph (1) may be made is an F-35 Lightning II aircraft in the Short-Take Off and Vertical Landing configuration that, as of November 19, 2010, is being acquired on behalf of the United Kingdom under an existing Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 4 contract. (b) Funding for Production of Aircraft- (1) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED BY UNITED STATES- (A) IN GENERAL- Except as provided in subparagraph (B), funds for production of the aircraft to be transferred by the United States (including the propulsion system, long lead-time materials, the production build, and deficiency corrections) may be derived from appropriations for Aircraft Procurement, Navy, for the aircraft under the contract referred to in subsection (a)(2). (B) EXCEPTION- Costs for flight test instrumentation of the aircraft to be transferred by the United States and any other non-recurring and recurring costs for that aircraft associated with unique requirements of the United Kingdom may not be borne by the United States. (2) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED BY UNITED KINGDOM- Costs for upgrades and modifications of the aircraft to be transferred to the United States that are necessary to bring that aircraft to the Low-Rate Initial Production 6 configuration under the contract referred to in subsection (a)(2) may not be borne by the United States. (c) Implementation- The exchange under this section shall be implemented pursuant to the memorandum of understanding titled ‘Joint Strike Fighter Production, Sustainment, and Follow-on Development Memorandum of Understanding’, which entered into effect among nine nations including the United States and the United Kingdom on December 31, 2006, consistent with section 27 of the Arms Export Control Act (22 U.S.C. 2767), and as supplemented as necessary by the United States and the United Kingdom.

SEC. 148. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF SHORT TAKE-OFF, VERTICAL LANDING VARIANT OF THE JOINT STRIKE FIGHTER.

Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the development of the short take-off, vertical landing variant of the Joint Strike Fighter (otherwise known as the F-35B Joint Strike Fighter) that includes the following: (1) An identification of the criteria that the Secretary determines must be satisfied before the F-35B Joint Strike Fighter can be removed from the two-year probationary status imposed by the Secretary on or about January 6, 2011. (2) A mid-probationary period assessment of-- (A) the performance of the F-35B Joint Strike Fighter based on the criteria described in paragraph (1); and (B) the technical issues that remain in the development program for the F-35B Joint Strike Fighter. (3) A plan for how the Secretary intends to resolve the issues described in paragraph (2)(B) before January 6, 2013.

SEC. 149. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009 MEASURES WITHIN THE JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

At the same time the budget of the President for fiscal year 2013 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Under Secretary for Acquisition, Technology, and Logistics shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plans of the Department of Defense to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23), and the amendments made by that Act, within the Joint Strike Fighter (JSF) aircraft program. The report shall set forth the following: (1) Specific goals for implementing the requirements of the Weapon Systems Acquisition Reform Act of 2009, and the amendments made by that Act, within the Joint Strike Fighter aircraft program. (2) A schedule for achieving each goal set forth under paragraph (1) for the Joint Strike Fighter aircraft program.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on availability of funds for the ground combat vehicle program. Sec. 212. Limitation on the individual carbine program. Sec. 213. Limitation on availability of funds for Future Unmanned Carrier-based Strike System. Sec. 214. Limitation on availability of funds for amphibious assault vehicles of the Marine Corps. Sec. 215. Limitation on obligation of funds for the F-35 Lightning II aircraft program. Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber aircraft extremely high frequency satellite communications program. Sec. 217. Limitation on availability of funds for the Joint Space Operations Center management system. Sec. 218. Limitation on availability of funds for wireless innovation fund. Sec. 219. Prohibition on delegation of budgeting authority for certain research and educational programs. Sec. 220. Designation of main propulsion turbomachinery of the next-generation long-range strike bomber aircraft as major subprogram. Sec. 221. Designation of electromagnetic aircraft 