National Defense Authorization Act for Fiscal Year 2012 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2012 for the Department of Defense (DOD) for procurement for the Army, Navy and Marine Corps, Air Force, and defense-wide activities, in amounts specified in the funding table in Division D of this Act.
Subtitle B: Army Programs - (Sec. 111) Prohibits the Secretary of the Army from procuring more than 100 Stryker combat vehicles. Allows such Secretary to waive such limitation after a specified certification to the congressional defense and appropriations committees, including that there are validated Army needs requiring the waiver.
(Sec. 112) Directs the Secretary of the Army, upon determining to retire a C-23 aircraft for which there has been no agreed-upon transfer, to first offer it to the chief executive officer of the state in which the aircraft is based. Requires the state to assume all costs of the aircraft following its transfer.
Directs the Secretary of the Air Force to study, and report to the defense and appropriations committees on, the number of fixed- and rotary-wing aircraft required to support Air Force missions at low, medium, moderate, high, and very-high levels of operational risk. Requires the Comptroller General (CG) to conduct a sufficiency review of such study, and report review results to such committees.
(Sec. 113) Authorizes the Secretary of the Army to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of airframes for UH-60M/HH-60M and MH-60R/S helicopters.
Subtitle C: Navy Programs - (Sec. 121) Authorizes the Secretary of the Navy to enter into one or more multiyear contracts, beginning with the FY2012 program year, for the procurement of mission avionics and common cockpits for MH-60R/S helicopters.
(Sec. 122) Directs the Secretary of Defense (Secretary), in budget materials submitted to the President in connection with the budget for FY2013 and thereafter, to ensure that a separate, dedicated procurement line item is designated for each surface warfare, mine countermeasures, and anti-submarine warfare littoral combat ship (LCS) module.
(Sec. 123) Requires the Secretary of the Navy to: (1) conduct a life-cycle cost-benefit analysis comparing alternative maintenance and sustainability plans for the LCS program, and (2) report analysis results to the defense and appropriations committees.
(Sec. 124) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to allow the Secretary of the Navy to fund construction of the Ford-class aircraft carriers designated CVN-79 and CVN-80 over a five-year period.
Subtitle D: Air Force Programs - (Sec. 131) Directs the Secretary of the Air Force, as of October 1, 2011, to maintain a total inventory of strategic airlift aircraft of not less than 301.
(Sec. 132) Prohibits this Act's funds from being obligated or expended to retire any B-1 bomber aircraft before the date on which the Secretary of the Air Force submits to the defense and appropriations committee a plan for retiring such aircraft. Authorizes such Secretary, after such date, to retire more than six of such aircraft through FY2016.
(Sec. 133) Prohibits the Secretary of the Air Force from taking any action to prevent maintaining the U-2 aircraft fleet in its current configuration and capability beyond FY2016 until: (1) the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies to the defense, appropriations, and intelligence committees that the operating and sustainment costs for the Global Hawk unmanned aerial vehicle are less than comparable costs for the U-2 on a flight-hour basis; and (2) the Chairman of the Joint Requirements Oversight Council (JROC) certifies to such committees that the capability to be fielded before or at the same time of U-2 aircraft retirement would result in equal or greater capability available to the commanders of the combatant commands.
(Sec. 134) Authorizes the use of specified FY2011 B-2 bomber aircraft funds for: (1) research, development, test, and evaluation on a conventional mixed load capability for such aircraft, and (2) supporting alternative options for the extremely high frequency terminal Increment 1 program of record. Directs the Secretary of the Air Force to submit to the defense and appropriations committees a plan to provide an extremely high frequency terminal for secure protected communications for the B-2 and other aircraft.
(Sec. 136) Authorizes the Secretary of the Air Force to procure two advanced extremely high frequency satellites through a fixed-price contract. Allows such Secretary to use incremental funding for up to six fiscal years in connection with the procurement. Makes such procurement subject to the availability of appropriations. Prohibits the total procurement amount, after certain exclusions, from exceeding $3.1 billion. Allows such Secretary to adjust such limitation by specified amounts, including increases or decreases after FY2011 attributable to inflation or to compliance with changes in federal, state, and local laws. Requires such Secretary to notify the defense and appropriations committees of any such adjustment. Allows such Secretary to use funds currently available for high frequency satellite space vehicle number 5 for the procurement of parts and the replacement of parts for space vehicle number 6. Requires such Secretary to report to such committees on the fixed-price contract. Expresses the sense of Congress that such Secretary should not enter into such a contract until determining that it will save the Air Force at least 20% over procuring two satellites separately.
Subtitle E: Joint and Multiservice Matters - (Sec. 141) Limits the FY2012 obligation of funds for the joint tactical radio system to 70% until the Secretary of the Army makes a specified certification to the defense and appropriations committees relating to its acquisition strategy. Makes such limitation inapplicable to the low-rate initial production of certain programs under such system.
(Sec. 142) Limits the FY2012 obligation of funds for the procurement of fixed-wing, non-standard aviation aircraft in support of the aviation foreign internal defense program to 50% until the Commander of the U.S. Special Operations Command reports to the defense and appropriations committees on such program.
(Sec. 143) Directs the Secretary, in entering into a contract for the sixth and all subsequent low-rate initial production contract lots for the F-35 Lightning II Joint Strike Fighter aircraft, to ensure that the contract: (1) is a fixed-price contract, and (2) requires the contractor to assume full responsibility for contract costs above the target cost.
(Sec. 144) Prohibits the Commander of the U.S. Special Operations Command from making any milestone B acquisition decisions with respect to certain elements of the undersea mobility acquisition program until 30 days after the Under Secretary: (1) conducts an assessment and determination of whether to treat the element as a major defense acquisition program, and (2) reports assessment and determination results to the defense and appropriations committees.
(Sec. 145) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Skelton Act) to include in quarterly reports on the use of combat mission requirement funds a table setting forth the requirements approved during the fiscal year in which the report is submitted and the two preceding fiscal years, as well as a statement of any unspent funds for such period.
(Sec. 146) Directs the Air Force Audit Agency to submit to the defense and appropriations committees the results of a financial audit of funds previously authorized and appropriated for the Joint Surveillance Target Attack Radar System aircraft re-engining program.
(Sec. 147) Authorizes the Secretary to transfer to the United Kingdom an F-35 Lightning II aircraft in the carrier variant configuration in exchange for such an aircraft in the short take-off and vertical landing configuration. Provides: (1) funding for the aircraft to be exchanged by the United States, and (2) exchange implementation through a memorandum of understanding.
(Sec. 148) Requires the Secretary to report to the defense and appropriations committees on the development of the short take-off, vertical landing variant of the Joint Strike Fighter.
(Sec. 149) Requires the Under Secretary, at the same time as submission of the FY2013 budget, to report to the defense committees on DOD plans to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 within the Joint Strike Fighter aircraft program.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - (Sec. 201) Authorizes appropriations for FY2012 for DOD for research, development, test, and evaluation (RDT&E), in amounts specified in the funding table.
Subtitle B: Program Requirements, Restrictions, and Limitations - (Sec. 211) Limits the FY2012 obligation of funds for the ground combat vehicle program to 80% until the Secretary of the Army submits to the defense and appropriations committees an updated analysis of alternatives to such vehicle, and related information.
(Sec. 212) Prohibits the individual carbine program from receiving Milestone C approval until the Secretary of the Army submits to the defense and appropriations committees a business case assessment of such program. Authorizes the Secretary of Defense to waive such prohibition in the national security interest.
(Sec. 213) Limits to 75% the availability of funds earmarked for the Navy's future unmanned carrier-based strike system until 60 days after: (1) the JROC Chairman makes certain system certifications to the defense and appropriations committees; (2) the Assistant Secretary of the Navy for Research, Development, and Acquisition reports to such committees on the system's threshold, performance parameters, and requirements; and (3) the Under Secretary makes certain certifications to such committees on system alternatives and acquisition strategy. Requires the CG to brief such committees on such acquisition strategy.
(Sec. 214) Prohibits the FY2012 obligation or expenditure of funds for specified Navy amphibious vehicles until the Secretary of the Navy certifies the requirements of such vehicles based on the needs of the combatant commanders. Prohibits Milestone B approval for the Marine personnel carrier until 30 days after the receipt of such certification. Directs such Secretary to conduct an analysis of alternatives to such vehicle, and to submit to the defense and appropriations committees a habitability assessment with respect to time spent in such vehicles.
(Sec. 215) Prohibits the obligation of more than 80% of the research and development funds for the F-35 Lightning II aircraft program until the Secretary certifies to the defense and appropriations committees that the acquisition strategy for such aircraft includes a plan for achieving competition throughout operation and sustainment.
(Sec. 216) Prohibits the obligation or expenditure of more than 40% of the funds earmarked for Increment 2 of the B-2 bomber aircraft extremely high frequency satellite communications program until 15 days after the Secretary of the Air Force submits to the defense and appropriations committees a program certification and a plan setting forth the projected cost and schedule for certain RDT&E under the program.
(Sec. 217) Expresses the sense of Congress that: (1) improvements to the U.S. space situational awareness and space command and control capabilities are necessary; and (2) the traditional defense acquisition process is not optimal for developing the architecture and environment planned for the Joint Space Operations Center management system. Prohibits the use of FY2012 funds for release one of such system until the Secretary of the Air Force and the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) jointly submit to the defense and appropriations committees the acquisition strategy for such system.
(Sec. 218) Limits the FY2012 obligation of funds for the wireless innovation fund within the Defense Advanced Research Projects Agency (DARPA) to 10% until the Under Secretary reports to the defense and appropriations committees on how such funds will be managed and executed.
(Sec. 219) Prohibits the Secretary from delegating to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of certain DOD research and educational programs and activities that is currently carried out by the Assistant Secretary of Defense for Research and Engineering.
(Sec. 220) Directs the Secretary to designate the development and procurement of the main propulsion turbomachinery of the next-generation long-range strike bomber aircraft as a major subprogram of such aircraft's major defense acquisition program. Requires the Secretary of the Air Force to develop an acquisition strategy for such subprogram.
(Sec. 221) Directs the Secretary to designate the electromagnetic aircraft launch development and procurement program as a major subprogram of the CVN-78 Ford-class aircraft carrier major defense acquisition program. Allows the Secretary to cease such designation upon the program's successful completion of operational testing.
(Sec. 222) Authorizes the Secretary of the Army to conduct a program for flight research and demonstration of advanced rotorcraft technology. Outlines program elements, goals, and objectives. Requires such Secretary, in awarding a contract under such program, to use full and open competitive procedures.
(Sec. 223) Directs the Secretary to: (1) develop a plan for the disposition of property that was acquired under the F136 propulsion system development contract, and (2) report to the defense and appropriations committees on such plan. Prohibits the use of any FY2012 RDT&E funds for the F-35 Lightning II aircraft program until 30 days after the receipt of such report.
Subtitle C: Missile Defense Programs - (Sec. 231) Requires the Director of the Missile Defense Agency (MDA) to: (1) establish and maintain an acquisition baseline for each program element of the ballistic missile defense (BMD) system, as well as each designated major subprogram of such elements; and (2) establish such baselines before the element or subprogram enters engineering and manufacturing development, and production and deployment. Prohibits (with exceptions) the Director from adjusting or revising an established baseline. Outlines baseline elements required for such elements or subprograms, and requires the Director to report annually to the defense and appropriations committees on the baselines.
(Sec. 232) Directs the CG, at the end of each of FY2012-FY2015, to review required annual DOD reports on acquisition baselines and variances of missile defense acquisition programs and assess the extent to which the MDA has achieved its acquisition goals and objectives, and report assessment results to the defense and appropriations committees.
(Sec. 233) Directs the Secretary to report to the defense and appropriations committees on results of the missile defense hedging strategy review for protection of the U.S. homeland.
(Sec. 234) Expresses the sense of Congress that: (1) it is essential for the Ground-based Midcourse Defense (GBMD) element of the BMD System to achieve appropriate levels of reliability, availability, sustainability, and operational performance for continued protection of the U.S. homeland; (2) the MDA should, as its highest priority, determine the root cause of the December 2010 flight-test failure of the GBMD system, design a correction of the problem, and verify that such correction is effective and will allow the GBMD to reach the capabilities described above; (3) after the MDA has verified the problem correction, it should assess the need for any additional ground-based interceptors and any additional steps needed for the GBMD testing and sustainment program; and (4) DOD should plan for and budget sufficient future funds for the GBMD to ensure the ability to complete and verify an effective correction of the problem. Requires two annual reports from the Secretary to the defense and appropriations committees on DOD plans to correct the problem, and progress toward achievement of such plan.
(Sec. 235) Prohibits the obligation of more than 25% of the funds earmarked for the medium extended air defense (MEAD) system program until the Secretary submits to the defense and appropriations committees a plan for the use of such funds to either restructure or terminate the program. Directs the Secretary to submit to such committees a detailed description of efforts made with Germany and Italy to agree on ways to minimize each nation's costs in implementing a restructured program or of unilateral or multilateral program contract termination.
(Sec. 236) Expresses the sense of Congress on the importance of: (1) improving the integration of BMD training across and between combatant commands and military departments, (2) identifying and addressing training gaps in integrating missile defense training, and (3) identifying the capabilities and funding needed to integrate such training across and between such commands and departments.
Subtitle D: Reports - (Sec. 241) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to extend through 2016 requirements for a biennial roadmap and annual review and certification of funding for the development of hypersonics.
(Sec. 242) Directs the Secretary of the Navy and the Commander of the U.S. Strategic Command to jointly report to the defense and appropriations committees on options to replace the Ohio-class ballistic submarine program.
(Sec. 243) Directs the Secretary of the Navy to report to the defense and appropriations committees on the development, future deployment, and operational challenges of the Navy's electromagnetic rail gun system. Requires the Chief of Naval Research to provide an interim update briefing to such committees.
(Sec. 244) Directs the CG, until March 2017, to: (1) conduct an annual review of the KC-46A aircraft acquisition program, and (2) report each review's results to the defense and appropriations committees.
(Sec. 245) Requires the: (1) Secretary to select an entity outside DOD to conduct an independent review and assessment of DOD's cryptographic modernization program, and (2) entity chosen to report review results to the Secretary and the defense and appropriations committees.
(Sec. 246) Directs the Secretary to report to the defense and appropriations committees describing the contract award process for each RDT&E contract awarded using other than competitive procedures.
Subtitle E: Other Matters - (Sec. 251) Repeals, as of October 1, 2013, the Technology Transition Initiative (the rapid transition of new technologies from DOD science and technology programs into DOD acquisition programs for the production of such technologies).
(Sec. 252) Amends the Skelton Act to require the contractor to bear at least 50% of the cost of activities for enhancing or enabling the exportability of certain designated defense systems.
(Sec. 253) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend through FY2016 the authority for funding for defense laboratories for research and development (R&D) of technologies for military missions.
(Sec. 254) Prohibits, if the total amount authorized for the National Defense Education Program for FY2012 is less than the amount requested by the President in the FY2012 budget, the Secretary from deriving the difference from the K-12 component of such Program.
(Sec. 255) Authorizes the Secretary of the Army to acquire real property and associated interests in the vicinity of Hanover, New Hampshire, as needed for research and engineering laboratory facilities. Prohibits such Secretary from paying more than fair market value for such property and interests.
(Sec. 256) Expresses the sense of Congress that: (1) active matrix organic light emitting diode (OLED) technology displays have the potential to reduce the size, weight, and energy consumption of both mounted and dismounted military systems; (2) the United States has a limited OLED manufacturing industry; and (3) the Secretary should use existing programs to support the reduction of costs and risks related to OLED manufacturing technologies.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - (Sec. 301) Authorizes appropriations for FY2012 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions - (Sec. 311) Directs the Chairman of the Joint Chiefs of Staff (JCS) to designate a senior official to be responsible for operational energy plans for the JCS and the Joint Staff. Extends from 10 to 30 days after each year's DOD budget is submitted to Congress the deadline for a report from the Secretary to Congress on proposed budgets that the Assistant Secretary of Defense for Operational Energy Plans and Programs has not certified.
(Sec. 312) Amends the Sikes Act (DOD land resources management) to: (1) define "state" for purposes of such Act; (2) include state-owned National Guard installations under such Act's coverage; and (3) provide for the funding of integrated natural resources management plans, including plans for state-owned National Guard installations. Amends various section headings under such Act to accommodate changes made under this section.
(Sec. 313) Amends the Act to Prevent Pollution from Ships to provide an exclusion from such Act's ship pollutant discharge requirements for military ships that have unique military design, construction, manning, or operation requirements and cannot comply with such requirements because it is not technologically feasible or would impair the operations or operational capability of the ship. Provides updated pollution discharge requirements for military vessels at sea.
(Sec. 314) Modifies responsibilities of the Assistant Secretary of Defense for Operational Energy, Plans, and Programs to include the development and oversight of alternative fuels activities and the streamlining of alternative fuel investments. Requires information on such activities to be included in a currently-required annual DOD energy management report.
(Sec. 315) Requires the DOD energy performance master plan to specifically address the application of energy-efficient or energy reduction technologies and processes in logistics support contracts for contingency operations. Requires the annual DOD energy management report to include progress in the implementation of such technologies and processes.
(Sec. 316) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2010 to require the Secretary, within 180 days after waste is disposed of in open-air burn pits during contingency operations, to submit to the defense committees a health assessment report on each pit where at least 100 personnel have been employed for at least 90 consecutive days.
(Sec. 317) Directs the Secretary to report annually to Congress on defense environmental programs.
(Sec. 318) Authorizes the Secretary of the Navy to transfer specified funds to the Environmental Protection Agency (EPA) as payment in connection with a remedial investigation/feasibility study for the Jackson Park Housing Complex, Washington.
(Sec. 319) Prohibits funds from being used for deciding or adjudicating any claim regarding water contamination at Camp Lejeune, North Carolina, unless the Agency for Toxic Substances and Disease Registry completes all epidemiological and water modeling studies relevant to such contamination that are ongoing as of June 1, 2011, and certifies the completion of all such studies to the defense committees. Provides for the resolution of certain disputes in connection with such claims.
(Sec. 320) Amends the Clean Air Act to exempt a substance listed as acceptable for use as a fire suppression agent for nonresidential applications from the prohibition against introducing into interstate commerce or using any class II substance (specified hydrochlorofluorocarbons).
Subtitle C: Logistics and Sustainment - (Sec. 321) Revises the definition of "depot-level maintenance and repair" for purposes of maintenance depots.
(Sec. 322) Requires the Secretary or the Secretary of the military department concerned (Secretary concerned) to designate each military industrial facility of the military departments and defense agencies as a Center of Industrial and Technical Excellence in their recognized core competencies.
(Sec. 323) Repeals the limit (eight) on the number of cooperative arrangements that may be entered into by Army industrial facilities with non-Army entities. Makes such authority permanent (under current law, terminates at the end of FY2014). Revises a report requirement under the NDAA for Fiscal Year 2008 to include an assessment of the effectiveness of the use of such authority and recommendations to improve the ability of each facility to compete for such contracts.
(Sec. 324) Directs the Under Secretary to implement four actions recommended in a report of the Government Accountability Office (GAO) which resulted from F-22 and F-35 aircraft corrosion studies, and to brief the defense and appropriations committees on activities undertaken to implement such actions. Requires such implementation by January 31, 2012, and requires compliance across the military departments by the end of 2012. Requires the Under Secretary, if compliance is not feasible by such date, to justify to such committees the reasons therefor.
(Sec. 325) Requires, within an annual report on DOD minimum capital investment in combined maintenance, repair, and overhaul workloads of the military departments, a table showing the funded workload performed by each covered depot for the preceding three fiscal years and actual investment funds allocated to each depot for the period covered by the report. Includes Tooele Army Depot, Utah as a covered depot.
(Sec. 326) Requires the Secretary to report to the defense and appropriations committees on the status of the drawdown, retrograde, and reset program for equipment used in support of operations New Dawn and Enduring Freedom, as well as the status of the overall supply chain management for depot-level activities. Requires the Secretary of the Air Force to contract with a federally funded research and development center (FFRDC) to report to the defense and appropriations committees on the alignment, organizational reporting, and performance rating of Air Force system program managers, sustainment program managers, and product support managers at Air Logistics Centers or Air Logistics Complexes.
(Sec. 327) Eliminates the exclusion for special access programs from the core logistics capability requirements determination. Includes the nuclear refueling of an aircraft carrier within such exclusion. Requires an annual report from the Secretary to Congress on DOD core logistics capability requirements, workloads, and capital investments.
Subtitle D: Readiness - (Sec. 331) Amends the Skelton Act to: (1) allow funds voluntarily contributed to DOD for offsetting the costs of mitigation measures to remain available until expended, and (2) allow the Secretary to accept voluntary contributions to conduct studies of potential mitigation measures.
(Sec. 332) Directs the Administrator of the Federal Aviation Administration (FAA) to develop procedures to allow DOD and the Department of Homeland Security (DHS) to review and comment on certain aeronautical studies.
Subtitle E: Reports - (Sec. 341) Requires the Secretary: (1) to annually certify to the defense and appropriations committees that the prepositioned stocks of each of the military departments meet all operational plans in effect; and (2) if unable to make a complete certification for any year, to include in that certification a list of operational plans affected and mitigation measures taken. Outlines additional required information within an annual report on DOD prepositioned materiel and equipment.
(Sec. 342) Requires, within annual DOD installation energy management reports, an evaluation of practices used in contingency operations and potential improvements to reduce vulnerabilities associated with fuel convoys.
(Sec. 343) Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations, (2) create a master plan of requirements and investments to meet Air Force training and test needs through 2025, and (3) submit to the defense and appropriations committees an interim and final report on plan implementation.
(Sec. 344) Requires the Commander of the U.S. Special Operations Command to: (1) conduct a study on the ability of existing special operations training ranges to support the full spectrum of missions and operations assigned to special operations forces, and (2) submit to the defense and appropriations committees a plan on meeting special operations training requirements through 2025.
(Sec. 345) Directs the Secretary to: (1) survey the quantity and condition of each class of non-tactical wheeled vehicles and base-level commercial equipment in the fleets of the military departments, and (2) report to the defense and appropriations committees on the advisability of establishing service life extension programs for such classes of vehicles.
(Sec. 346) Requires: (1) the Secretary to commission an independent entity to assess U.S. security interests in the Pacific Command area of responsibility, and (2) the entity selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Authorizes appropriations.
(Sec. 347) Directs: (1) the Secretary to commission an FFRDC to assess the overseas basing presence of U.S. forces, and (2) the FFRDC selected to report assessment results to the Secretary, who shall in turn provide the assessment to the defense and appropriations committees. Provides funding.
(Sec. 348) Requires the assessments of the National Military Strategy conducted by the JCS and the DOD quadrennial roles and missions review to include an assessment of joint military training and force allocations.
(Sec. 349) Amends the Hunter Act to require additional information in a report concerning military working dogs. Changes such report requirement from annual to biennial.
Subtitle F: Limitations and Extension of Authority - (Sec. 351) Authorizes the adoption of a military working dog by the family of a deceased or seriously-wounded member of the Armed Forces (member) who was the dog's handler.
(Sec. 352) Prohibits the Secretary of the Air Force from expanding the Air Force food transformation initiative to include any base other than the six initially included in the pilot program until such Secretary reports to the defense committees on the initiative.
(Sec. 353) Directs the Secretary of the Army to designate the effort to consolidate its enterprise email services as a formal acquisition program, with the Army acquisition executive acting as the milestone decision authority. Prohibits the obligation or expenditure of FY2012 funds for Army migration to enterprise e-mail services until 30 days after such Secretary reports to the defense and appropriations committees on the program's acquisition strategy.
(Sec. 354) Amends the NDAA for Fiscal Year 2008 to extend through FY2014 the Army product improvement pilot program.
Subtitle G: Other Matters - (Sec. 361) Amends the Skelton Act concerning the commercial sale by DOD of small arms ammunition and ammunition components in excess of military requirements to allow the commercial resale of only intact expended small arms cartridge cases. States that such commercial sale provisions shall not apply to ammunition or components stored or expended outside the United States. Requires all such sales to be subject to all applicable explosives safety and trade security controls.
(Sec. 362) Directs the CG to conduct a review of the DOD system for space-available travel to determine its capacity presently and as projected in the future, and to examine the efficiency and usage of such travel.
(Sec. 363) Directs the Secretary of the Navy to maximize the safety and effectiveness of all vessels, aircraft, and forces by means of marine data collection, numerical weather and ocean prediction, and forecasting of hazardous weather and ocean conditions. Authorizes such Secretary to extend such support to NATO and/or coalition forces operating with the Armed Forces. Directs the Secretary to collect, process, and provide to the Director of the National Geospatial-Intelligence Agency hydrographic information to support such Agency's preparation of maps, charts, books, and geodetic products.
(Sec. 364) Requires sums received as reimbursement for DOD fire protection services to be credited to the same appropriation or fund from which the expenses were paid (current law) or, if the period of availability for obligation for that appropriation has expired, to the appropriation or fund currently available for the same purpose.
(Sec. 365) Revises airlift service definitions with respect to the Civil Reserve Air Fleet (CRAF).
(Sec. 366) Directs the Secretary to determine a fair and reasonable rate of payment for airlift services provided to DOD by air carriers participating in the CRAF program. Authorizes the Secretary, in determining the amount of business to be received under an airlift services contract, to factor in the relative amount of airlift capability committed to the CRAF by each air carrier.
(Sec. 367) Directs the Secretary to ensure that civilian and military law enforcement personnel charged with security functions on military installations receive Active Shooter Training as described in a DOD document entitled "Protecting the Force: Lessons From Fort Hood."
(Sec. 368) Directs the Secretary, in procuring tents or other temporary structures and in maintaining an alternative source for such structures, to award contracts that provide the best value to the United States considering their total life-cycle costs.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2012.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces - (Sec. 411) Sets forth authorized end strengths as of the end of FY2012 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2012 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2012 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2012.
Subtitle C: Authorization of Appropriations - (Sec. 421) Authorizes appropriations for FY2012 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally - (Sec. 501) Increases the authorized end strengths for active-duty Marine Corps officers in the grades of major, lieutenant colonel, and colonel.
(Sec. 502) Eliminates as an exception to joint duty assignment limits: (1) an officer released from a joint duty assignment for the 60-day period following such release, and (2) officers from each department designated by the Secretary to serve in joint duty assignments. Revises the number of joint duty general and flag officers excluded from end strength limits. Reduces the full exclusion for officers serving in certain intelligence positions. Requires changes made to take effect on January 1, 2012.
(Sec. 503) Authorizes the Secretary, on a case-by-case basis, to assign a graduate of the National Defense University who is not designated as a joint qualified officer to a joint assignment other than a joint duty assignment. Excludes from the requirement to be assigned to a joint duty assignment after graduation those joint qualified officers and other officers who graduate from a school within the National Defense University following pursuit of a program on an other-than-in-residence basis.
(Sec. 504) Authorizes the Secretary to allow the Secretary concerned to provide a voluntary retirement incentive payment (VRIP) to officers who: (1) have served on active duty for more than 20 but not more than 29 years on the approved date of retirement; (2) meet the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer; (3) on the approved date, have 12 months or more remaining on active duty before reaching the maximum retirement years for the member's grade, or under any other provision of law; and (4) meet any additional requirements as specified by the Secretary concerned. Provides VRIP exclusions. Makes the maximum VRIP payment 12 times the officer's monthly basic pay at the time of retirement. Requires repayment for members who return to active duty, but allows the Secretary to waive repayment when recovery would be against equity and good conscience or contrary to the best U.S. interests. Reinstates certain temporary early retirement authority as provided under the NDAA for Fiscal Year 1993. Makes VRIP authority inapplicable to members of the Coast Guard and the commissioned corps of the National Atmospheric Administration (NOAA).
(Sec. 504) Includes within the definition of "joint duty assignment" all instructor assignments for joint training and education.
Subtitle B: Reserve Component Management - (Sec. 511) Establishes the position of Vice Chief of the National Guard Bureau, appointed by the President with the advice and consent of the Senate, and holding the grade of lieutenant general while so serving. Requires the Chief and Vice Chief to be designated as general officers and excluded from general officer distribution limits. Establishes the chain of succession for the Chief and Vice Chief in the event of absence or disability. Requires the current Director of the Joint Staff of the National Guard Bureau to continue to serve in the grade of major general as the acting Vice Chief until the Vice Chief is appointed.
(Sec. 512) Includes the Chief within the membership of the JCS. Gives the Chief specific responsibility over matters involving non-federalized National Guard forces in support of homeland defense and civil support missions.
(Sec. 513) Allows preseparation counseling for reserve members being demobilized to commence less than 90 days before their projected date of discharge or release from active duty when operational requirements make the full 90-day requirement unfeasible.
(Sec. 514) Makes discretionary (under current law, mandatory) the authority of the Secretary of the Army or Air Force to allow dual-status military technicians who reach their mandatory separation date before age 60 to apply for continued service until age 60.
(Sec. 515) Authorizes the Secretary, upon request of a state governor for federal assistance in responding to a major disaster or emergency, to order a unit or member of the reserves to active duty for a continuous period of up to 120 days to provide such assistance. Excludes members so serving from reserve personnel end strength limits. Provides for the termination of such duty by order of the Secretary or by law. Requires the usual and customary command and control arrangement with respect to regular and reserve armed forces serving simultaneously in support of civil authorities during such a disaster or emergency.
(Sec. 516) Authorizes the Secretary concerned, when necessary to augment the active forces for a preplanned mission in support of a combatant command, to order any unit of the Selected Reserve to active duty, without the consent of the member, for not more than 365 consecutive days. Outlines activation limitations, including a limit of 60,000 members under such order. Excludes members so ordered from active-duty end strength limits. Directs the Secretary concerned to notify Congress when exercising such authority, including the circumstances necessitating such action. Terminates such duty by law or by order of the Secretary concerned. Requires, when determining which units will be so ordered, appropriate consideration to be given to: (1) length and nature of previous service; (2) frequency of assignments during service career; (3) family responsibilities; and (4) employment necessary to maintain the national health, safety, or interest.
(Sec. 517) Makes reserve officer military technicians (dual status) who have been retained beyond their mandatory removal date for years of service ineligible for consideration for promotion by a mandatory promotion board.
(Sec. 518) Requires that all fully qualified officers of the National Guard and reserves be considered for appointment to the positions of Commander of the Army North Command or Air Force North Command.
(Sec. 519) Directs the Secretary to: (1) study the feasibility and advisability of terminating the military technician as a distinct DOD personnel management category, and (2) report study results to the defense and appropriations committees.
Subtitle C: General Service Authorities - (Sec. 521) Expresses the sense of Congress regarding the unique nature, demands, and hardships of military service.
(Sec. 522) Directs the Secretary to prescribe a policy that addresses the amount of dwell time a member or unit remains at a permanent duty station or home port between deployments. Requires the Secretary to: (1) establish a system for tracking and recording the number of days each member is deployed; (2) prescribe policies and procedures for measuring operating and personnel tempo; and (3) maintain a central data repository of information for research, analysis, interagency reporting and evaluation of tempo and personnel programs and policies.
(Sec. 523) Includes within protected communications to the DOD Inspector General (whistleblower protections) a communication by a member of the Armed Forces concerning a threat by another member or federal employee that indicates a determination or intent to kill or cause serious bodily injury to members or civilians or damage to military, federal, or civilian property.
(Sec. 524) Directs the Secretary (under current law, the Secretary concerned) to submit to the defense committees and the requesting Member of Congress the rationale supporting a recommendation to award a Medal of Honor to an individual or unit in the case of an award proposal that was not otherwise submitted in a timely manner.
(Sec. 525) Allows any enlisted member to be discharged within one year (under current law, three months) before the expiration of their enlistment or extended enlistment.
(Sec. 526) Extends through 2018 DOD authority to pay voluntary separation pay and benefits to eligible members voluntarily separated from active duty.
(Sec. 527) Prohibits a member from being denied reenlistment for unsuitability based on the same medical condition for which they were determined by a physical evaluation board to be fit for duty.
(Sec. 528) Includes the person designated by the decedent on the record of emergency data (DD Form 93 or any successor form) as the Person Authorized to Direct Disposition among those permitted to direct disposition of remains, regardless of the relationship of the designee to the decedent.
(Sec. 529) Provides additional matters to be covered under preseparation counseling for members and their families, including information on home loan services and housing assistance benefits under laws administered by the Secretary of Veterans Affairs, and counseling on responsible borrowing practices.
(Sec. 530) Authorizes (under current law, requires) the Secretary to pay a high-deployment allowance for members deployed in excess of specified periods.
(Sec. 531) Amends the Hunter Act to extend through 2015 the authority to release members from active duty in order to meet personal or professional needs, and then return them to active duty following the required inactive period.
(Sec. 532) Requires the Secretary concerned, for the purposes of recruitment or enlistment, to treat a graduate who receives a diploma from a legally operating secondary school or otherwise completes a program of secondary education in compliance with that state's education laws as a graduate of a secondary school as defined under the Elementary and Secondary Education Act of 1965. Directs the Secretary of Defense to prescribe a policy that incorporates means for identifying such graduates who are qualified for recruitment and enlistment. Requires each Secretary concerned to: (1) develop a recruitment plan and strategy for targeting various segments of potential recruits with all types of secondary education credentials, and (2) develop a communication plan to ensure that the policy and plan are understood by military recruiters.
(Sec. 533) Directs the Secretary to enhance DOD's suicide prevention program through the provision of suicide prevention information and resources to members from their initial enlistment or appointment through their final retirement or separation. Requires DOD preseparation counseling to include information on the availability of suicide prevention resources to members and their dependents.
Subtitle D: Military Justice and Legal Matters - (Sec. 541) Amends article 120 of the Uniform Code of Military Justice (UCMJ) involving offenses of rape, sexual assault, and other sexual misconduct to divide such article into three separate articles covering: (1) offenses of rape and sexual assault of any person; (2) sexual offenses against children under age 16; and (3) other nonconsensual sexual misconduct offenses. Defines "child" for purposes of such provisions as one under age 16 (under current law, under 12). Includes as sexual assaults committing a sexual act upon another person: (1) knowing that the other person is asleep, unconscious, or otherwise unaware that the act is occurring; and (2) when the other person is incapable of proper consent due to impairment, mental disease or defect, or physical disability. Provides that marriage is not a defense for any conduct in issue under the offenses of rape and sexual assault. Repeals provisions concerning the defenses of consent and mistake of fact as to consent, as well as other affirmative defenses not being precluded simply by their omission. States specifically that: (1) a sleeping, unconscious, or incompetent person cannot consent; (2) a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; and (3) a person cannot consent while under threat or in fear. Includes under other sexual misconduct the indecent viewing, visual recording, or broadcasting of the private area of another person without their consent and under circumstances in which the other person has a reasonable expectation of privacy.
(Sec. 542) Amends the UCMJ to authorize the issuance of subpoenas to compel the production of documentary evidence prior to trial by court-martial. Requires individuals responding to subpoenas to be provided a means for reimbursement for fees and mileage. Authorizes military convening authorities to certify facts to U.S. attorneys in such cases.
(Sec. 543) Allows members incurring an injury or illness while serving in a combat operation or in a combat zone designated by the Secretary to receive gifts from nonprofit organizations, private parties, and other sources outside of DOD. (Under current law, only individuals with a combat-related injury are so eligible.) Requires regulations covering such gifting to apply retroactively to injuries or illnesses incurred on or after September 11, 2001.
(Sec. 544) Prohibits a military chaplain from being required to perform a marriage that the chaplain does not wish to perform as a matter of conscience or moral principle.
Subtitle E: Member Education and Training Opportunities and Administration - (Sec. 551) Authorizes the Secretary concerned to carry out one or more programs to provide eligible members with job training and employment skills training for civilian employment. Makes eligible for such program members who: (1) have completed at least 180 days of active duty, and (2) are expected to be discharged or released from such duty within 180 days after commencement of participation in the program.
(Sec. 552) Authorizes the Secretary to carry out a five-year pilot program to assess the feasibility and advisability of offering a program of instruction for Phase II joint professional military education on an other than in-residence basis. Directs the Secretary to report to the defense committees within one year of completion of the pilot program.
(Sec. 553) Authorizes the Secretary concerned to waive the maximum age limit for admission to the military service academies if the individual: (1) satisfies all other admission eligibility requirements; and (2) was or is prevented from admission before reaching the maximum age limit as a result of active duty service in a theater of operations for Operations Iraqi Freedom, Enduring Freedom, or New Dawn. Prohibits: (1) any waiver in which the candidate would pass his or her 26th birthday by July 1 of the year of admission, and (2) more than five candidates from being admitted to each service academy under such waiver. Requires a report from each department Secretary to the defense committees on the exercise of the waiver authority. Terminates the waiver authority at the end of FY2016.
(Sec. 554) Establishes the positions of Commandant and Provost and Academic Dean at the Air Force Institute of Technology, with appropriate qualifications and responsibilities. Provides a five-year term for each, but authorizes an additional five-year term for the Commandant.
(Sec. 555) Authorizes the Secretary of the Air Force to provide for the enrollment of certain seriously wounded, ill, or injured former or retired enlisted personnel in associate degree programs of the Community College of the Air Force in order to complete their degree program requirements. Prohibits participation by any individuals after the end of the 10-year period following their separation from active duty.
(Sec. 556) Authorizes the Secretary concerned to enter into agreements to pay a stipend to individuals eligible to be appointed as a reserve officer and enrolled or accepted in a course of study that results in a degree in clinical psychology or social work. Requires, under each agreement, that the individual serve, upon completion of the educational program, one year in the Selected Reserve for each six months for which the stipend is provided.
(Sec. 557) Authorizes the Secretary to administer the Troops-to-Teachers program during FY2012. Directs the Secretaries of Defense and Education to jointly report to the defense and education committees on such program.
(Sec. 558) Directs the Secretary to carry out a five-year pilot program to assess the feasibility and advisability of allowing enlisted personnel to obtain civilian credentialing or licensing for skills required for military occupational specialties or qualification for duty specialty codes. Requires the Secretary to: (1) designate at least three and no more than five specialties or codes for coverage under the pilot program, and (2) report to Congress on the program.
(Sec. 559) Directs the Secretary to report to the defense committees on methods to increase the efficiency of DOD's tuition assistance program of tuition assistance for off-duty training or education for members, as well as education and training opportunities for military spouses.
Subtitle F: Armed Forces Retirement Home - (Sec. 561) Amends the Armed Forces Retirement Home Act of 1991 to make the administration of the Armed Forces Retirement Home (Home), including the provision of health and medical care for its residents, the responsibility of the Secretary.
(Sec. 562) Provides oversight responsibilities and reporting requirements of the Home's Senior Medical Advisor.
(Sec. 563) Requires the Home to have an advisory council, to be known as the Armed Forces Retirement Home Advisory Council, to provide to the Chief Operating Officer and Administrator of each of the two Home facilities recommendations on Home operation and administration and quality of care provided to residents. Requires the Council to report at least annually to the Secretary on its activities, together with recommendations. Provides Council composition and membership, including a Chairperson. Provides for a Resident Advisory Committee at each facility. Discontinues local boards for each facility.
(Sec. 564) Eliminates the positions of Deputy Director and Associate Director at each facility, instead establishing the position of Ombudsman at each facility. Authorizes the Ombudsman to provide information to the Home's Administrator, Chief Operating Officer, and Senior Medical Advisor, as well as the DOD Inspector General and Under Secretary of Defense for Personnel and Readiness. Replaces Director responsibilities with Administrator responsibilities.
(Sec. 565) Replaces transitional resident fee requirements for each Home facility with a permanent fee schedule.
(Sec. 566) Changes from annually to at least once every three years the required inspection of each Home facility by the DOD Inspector General. Revises generally Inspector General reporting and corrective action responsibilities.
(Sec. 567) Repeals transitional provisions of the Armed Forces Retirement Home Act of 1991 relating to the Armed Forces Retirement Home Board and the directors and deputy directors of each Home facility. Changes Board references to references to the Chief Operating Officer. Provides technical and conforming amendments to correspond to changes made under this subtitle.
Subtitle G: Defense Dependents' Education and Military Family Readiness Matters - (Sec. 571) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities.
(Sec. 572) Earmarks specified FY2012 DOD O&M funds for providing assistance to local educational agencies: (1) that benefit dependents of members and DOD civilian employees; and (2) with significant enrollment changes due to base closures or realignments, force structure changes, or force relocations.
(Sec. 573) Amends the Warner Act to authorize additional forms of assistance to LEAs serving military dependent students who do not attend Department of Defense Education Activity schools. Extends such authority through FY2016.
(Sec. 574) Revises the membership of the Department of Defense Military Family Readiness Council. Includes parents of military personnel as authorized Council members. Provides for National Guard component representation on such Council.
(Sec. 575) Requires reemployment and other employment benefits for individuals ordered to full-time National Guard duty (other than for training) when authorized by the President or Secretary to respond to a national emergency declared by the President and supported by federal funds.
(Sec. 576) Expands the authority of the Secretary to accept travel benefits to facilitate the travel of members of the Armed Forces during leave from active duty to include, as part of such benefits, points or awards for free or reduced-cost hotel accommodations.
(Sec. 577) Directs the Secretary to report to the defense committees on any pilot and demonstration projects and other efforts that DOD is conducting on autism services.
(Sec. 578) Directs the CG to review all current DOD military spouse employment programs, and report review results to the defense and appropriations committees.
Subtitle H: Improved Sexual Assault Prevention and Response in the Armed Forces - (Sec. 581) Directs the military department Secretaries to prescribe regulations on the provision of legal assistance to victims of sexual assault. Allows members or their dependents to be provided legal assistance by military or civilian legal assistance counsel, a Sexual Assault Response Coordinator, and a Sexual Assault Victim Advocate. Requires victims to be informed of the availability of such assistance, whether such victim elects unrestricted or restricted (confidential) reporting of the assault. Allows a victim to elect confidential reporting without initiating an official investigation of the allegations.
(Sec. 582) Directs the Secretary concerned to provide for timely determination and action (within 72 hours) of an application for a change of station or unit transfer by a member serving on active duty who was a victim of a sexual assault or related offense, so as to reduce the possibility of retaliation for reporting the incident. Allows for review of a decision disapproving the change of station or transfer by the first general or flag officer in the chain of command of the member, requiring review decision also within 72 hours.
(Sec. 583) Amends the Skelton Act to require the Director of the Sexual Assault Prevention and Response Office to be appointed from among general or flag officers or from DOD employees in a comparable Senior Executive Service position.
(Sec. 584) Requires at least one full-time Sexual Assault Response Coordinator and one Sexual Assault Victim Advocate to be assigned to each military brigade or equivalent unit level. Directs that, as of October 1, 2013, only members of the Armed Forces and civilian DOD employees may serve in such positions. Provides for Coordinator and Advocate training and certification, requiring, as of the above date, all such Coordinators and Advocates to have completed such training and certification.
(Sec. 585) Requires the Secretary of each military department to develop a curriculum to provide sexual assault prevention and response training and education for members and civilian employees under their jurisdiction, in order to strengthen individual knowledge, skills, and capacity to prevent and respond to sexual assault. Directs the Secretary of Defense to: (1) provide for the inclusion of a sexual assault prevention and response training module at each level of professional military education, and (2) direct that managers of specialty skills associated with first responders integrate sexual assault response training in initial and recurring training courses.
(Sec. 586) Directs the Secretary to: (1) develop a comprehensive DOD policy on the retention of and access to evidence and records relating to sexual assaults involving members, and (2) ensure that such policy is implemented uniformly by the military departments. Requires sexual assault victims to be provided with a copy of all prepared records of proceedings of a court-martial if the victim testified during the proceedings.
Subtitle I: Other Matters - (Sec. 588) Authorizes the Secretary to carry out: (1) reintegration activities for DOD personnel recovered after detention in isolation or captivity by a hostile force while participating in or associated with a U.S.-sponsored military activity or mission; and (2) post-isolation activities on behalf of such individuals, military or civilian officers or employees of an allied or coalition partner, or other U.S. or foreign nationals.
(Sec. 589) Authorizes the Secretary to establish a military adaptive sports program for members eligible to participate in adaptive sports because of an injury or wound incurred in the line of duty. Requires the Secretary to use competitive procedures to award any grant or contract under this section.
(Sec. 590) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2008 relating to the Yellow Ribbon Reintegration Program (military-to-civilian transition assistance) to: (1) include federal and state-led programs of outreach under the Program, and (2) add to Program functions the development and implementation of a process for identifying best practices in the delivery of information and services in outreach programs.
(Sec. 591) Provides a new federal law chapter concerning Army national military cemeteries. Directs the Secretary of the Army to develop, operate, administer, and fund the Army national military cemeteries in a manner that fully honors the service and sacrifices of the deceased members buried or inurned there. Includes within such cemeteries Arlington National Cemetery and the U.S. Soldiers' and Airmen's Home National Cemetery. Requires such Secretary to: (1) submit an annual cemeteries budget request to the defense and appropriations committees; and (2) determine eligibility for interment or inurnment in the cemeteries. Provides for the removal of remains from the cemeteries in certain circumstances. Directs such Secretary to appoint an advisory committee on Arlington National Cemetery, which shall advise and consult with respect to Arlington National Cemetery administration, erection of memorials, and master planning. Requires periodic advisory committee reports. Establishes an Executive Director of the Cemeteries, as well as a Superintendent for each Cemetery. Provides for Cemeteries oversight and inspection. Requires, by June 1, 2012, the digitization of all records related to interments and inurnments at Arlington National Cemetery. Directs the DOD Inspector General, during FY2013 and FY2015, to conduct inspections of each of the Cemeteries.
(Sec. 592) Directs the Inspector General of each military department to inspect each military cemetery under their jurisdiction and make recommendations for their regulation, management, oversight, and operation. Requires the DOD Inspector General to: (1) inspect a sample of cemeteries located at current or former military installations both inside and outside the United States in order to assess the adequacy of and adherence to federal statutes, policies, and regulations governing military cemetery management, oversight, operations, and interments or inurnments; and (2) submit inspection results and recommendations to the defense committees. Requires the military department Secretaries to report to such committees on their respective inspection results and corrective action plans.
(Sec. 593) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Captain Fredrick L. Spaulding for acts of valor during the Vietnam War.
(Sec. 594) Authorizes and requests the President to award the Medal of Honor posthumously to Captain Emil Kapaun for acts of valor during the Korean War.
(Sec. 595) Directs the Secretaries of the Army and the Navy to: (1) review the service records of certain Jewish-American World War I veterans to determine whether that veteran should be posthumously awarded the Medal of Honor; and (2) upon a positive determination, submit a recommendation to the Secretary that such award is warranted. Makes eligible for such review and award each Jewish-American World War I veteran: (1) who was previously awarded the Distinguished Service Cross, Navy Cross during World War I; and (2) whose name and supporting material for award upgrade is submitted to the appropriate Secretary within one year after the enactment of this Act.
(Sec. 596) Directs the Secretary to submit to Congress an assessment of the feasibility and advisability of the establishment by the military departments of a process to expedite the determination of disability with respect to members who suffer from certain disabling diseases or conditions.
(Sec. 597) Directs the CG