3523

400342

1336366800

112

2012-05-07

380

283

194

73545

19143

1335479460

1322632800

159

4/26/2012--Passed House amended. Cyber Intelligence Sharing and Protection Act - Amends the National Security Act of 1947 to add provisions concerning cyber threat intelligence and information sharing. Defines "cyber threat intelligence" as information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private entity, including information pertaining to the protection of a system or network from: (1) efforts to degrade, disrupt, or destroy such system or network; or (2) theft or misappropriation of private or government information, intellectual property, or personally identifiable information. Requires the Director of National Intelligence to: (1) establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities and utilities, and (2) encourage the sharing of such intelligence. Requires the procedures established to ensure that such intelligence is only: (1) shared with certified entities or a person with an appropriate security clearance, (2) shared consistent with the need to protect U.S. national security, and (3) used in a manner that protects such intelligence from unauthorized disclosure. Provides for guidelines for the granting of security clearance approvals to certified entities or officers or employees of such entities. Prohibits a certified entity receiving such intelligence from further disclosing the information to any entity other than another certified entity or a federal department or agency authorized to receive such intelligence. Authorizes a cybersecurity provider (a non-governmental entity that provides goods or services intended to be used for cybersecurity purposes), with the express consent of a protected entity (an entity that contracts with a cybersecurity provider) to: (1) use cybersecurity systems to identify and obtain cyber threat information in order to protect the rights and property of the protected entity; and (2) share cyber threat information with any other entity designated by the protected entity, including the federal government. Requires the head of a federal department or agency receiving cyber threat information to provide such information to the National Cybersecurity and Communications Integration Center of the Department of Homeland Security (DHS), and allows such department or agency head to request the Center to provide such information to another federal department or agency. Regulates the use and protection of shared information, including prohibiting the use of such information to gain a competitive advantage and, if shared with the federal government, exempts such information from public disclosure. Prohibits a civil or criminal cause of action against a protected entity, a self-protected entity (an entity that provides goods or services for cybersecurity purposes to itself), or a cybersecurity provider acting in good faith under the above circumstances. Allows the federal government to use shared cyber threat information: (1) for cybersecurity purposes, including the investigation of cybersecurity crimes; (2) for the protection of individuals from the danger of death or serious bodily harm and the prosecution of crimes involving such dangers; or (3) to protect U.S. national security. Prohibits the federal government from affirmatively searching such information for any other purpose. Provides for the protection of sensitive personal documents such as library records, tax returns and medical records. Requires a federal department or agency receiving information that is not cyber threat information to so notify the entity or provider of such information. Allows the federal government to undertake efforts to limit the impact of the sharing of such information on privacy and civil liberties. Outlines federal government liability for violations of restrictions on the disclosure, use, and protection of voluntarily shared information. Directs the Inspector General of the Intelligence Community to submit annually to the congressional intelligence committees a review of the use of such information shared with the federal government, as well as recommendations for improvements and modifications to address privacy and civil liberties concerns. Preempts any state statute that restricts or otherwise regulates an activity authorized by the Act. States that nothing in this Act shall be construed to: (1) provide additional authority to, or modify existing authority of, any element of the intelligence community to control or direct the cybersecurity efforts of a private-sector entity or a component of the federal government or a state, local, or tribal government; (2) limit or affect existing information sharing relationships of the federal government; or (3) provide additional authority to, or modify existing authority of, any entity to use a cybersecurity system owned or controlled by the federal government on a private-sector system or network to protect the latter system or network.

1401

This bill seeks to change how "cyber threat intelligence" information is shared between private entities and the federal government. All existing laws protecting the privacy of individuals would be voided in order to encourage private entities to share more user information with the government without a warrant. The government would be able to use the shared information for many law enforcement purposes other than preventing cyber attacks.

388

2012-05-08T06:20:32-04:00

1813

300011

1335243600

112

2012-04-24

73243

8524

1331743080

1320645600

297

11/7/2011--Introduced.Moving Ahead for Progress in the 21st Century or MAP-21 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) equal to current federal highway spending levels plus inflation for FY2012 and FY2013 for: (1) certain new and existing core federal-aid highway programs, and (2) Federal Highway Administration (FHWA) administrative expenses. Prescribes ceiling obligations for federal-aid highway and highway safety construction programs, with specified exceptions. Revises the National Highway System (NHS) program. Permits conventional combination vehicles to operate on all NHS segments, except those as of enactment of MAP-21: (1) that were open to traffic, and (2) on which all nonpassenger commercial motor vehicles are banned. Amends the Surface Transportation Assistance Act of 1982 to repeal the National Network (a national truck route, including the Interstate System (IS) and certain parts of the federal-aid primary system.) Directs the Secretary of Transportation (DOT) to distribute federal-aid highway funds apportioned to states for each fiscal year: (1) among the national highway performance (new core program), the transportation mobility (new core program), the highway safety improvement, the national freight (new core program), and the congestion mitigation and air quality improvement (CMAQ) programs; as well as (2) to metropolitan transportation planning. Directs the Secretary to establish and implement a national highway performance program. (Effectively consolidates the interstate maintenance, NHS, and part of the highway bridge programs.) Requires states to develop risk-based asset management plans. Requires a state to obligate a specified amount of the apportionment of national highway performance program funds for the restoration of certain IS pavement and NHS bridges. Revises the emergency relief fund program. Reauthorizes appropriations for the emergency relief fund for the repair or reconstruction of highways, roads, and trails damaged as a result of a disaster. Authorizes the Secretary to obligate fund amounts for the repair or reconstruction of disaster-affected tribal transportation facilities, federal lands transportation facilities, and other federally-owned roads that are open to public travel, whether or not they are federal-aid highways. Directs the Secretary to establish and implement a transportation mobility program (TMP). (Effectively replaces the surface transportation program.) Authorizes a state to obligate the apportionment of TMP funds for projects to improve conditions and performance on federal-aid highways and bridges and tunnels on public roads. Makes certain TMP allocations to areas of a state based on population. Requires a state to obligate a specified amount of the apportionment of TMP funds for the improvement of certain deficient off-system bridges. Directs the Secretary to deduct for each fiscal year at least $10 million from FHWA administrative expenses for highway use tax evasion projects. Revises the highway bridge program. Directs the Secretary to: (1) inventory all highway bridges and tunnels, (2) establish national inspection standards for evaluating all highway bridges and tunnels for safety and serviceability, and (3) establish a training program for highway bridge and tunnel inspectors. Authorizes a state to use TMP funds to replace certain bridges and ferries that have been destroyed. Revises the highway safety improvement program. Directs the Secretary to establish requirements for regularly recurring updates and approval of state strategic highway safety plans. Requires the Secretary to issue guidance to states on establishing performance measures and targets for state highway safety improvement programs to reduce serious injuries and fatalities on highways. Revises the CMAQ program. Requires states and metropolitan planning organizations (MPOs) to give priority to projects that are proven to reduce PM2.5, including diesel retrofits, in areas designated as nonattainment or maintenance for PM2.5. Requires, also, that 50% of such funds be suballocated for projects to reduce emissions within areas designated as nonattainment or maintenance for ozone, carbon monoxide, or PM2.5, including diesel retrofits. Requires each tier I MPO representing a nonattainment or maintenance area (population of more than 50,000 individuals) to develop a performance plan that describes projects that will achieve certain emission and traffic congestion reduction targets. Authorizes a state to reserve a specified amount of CMAQ program funds for: (1) the transportation enhancements, recreational trails, and safe routes to school programs, and (2) certain road improvement projects. Revises and replaces the Puerto Rico highway program with the Territorial and Puerto Rico highway program. (Effectively consolidates the programs.) Makes certain allocations for the Puerto Rico highway and territorial highway programs for resurfacing and reconstruction, highway safety improvement, transportation mobility program, preventive maintenance, and ferry boats and terminal facilities projects. Directs the Secretary to: (1) establish a national freight program to improve movement of freight on highways, including freight intermodal connectors and aerotropolis transportation systems; and (2) develop, periodically update, and post on the DOT website a national freight strategic plan. Authorizes a state to obligate its apportionment of national freight program funds for projects to improve the movement of freight on the national freight network. Directs the Secretary to designate a primary freight network consisting of 27,000 centerline miles of existing roadways most critical to the movement of freight. Requires states to develop state performance targets for freight movement on the primary freight network. Makes authorizations for the tribal transportation, federal lands transportation, and federal lands access programs for various transportation planning and highway improvement projects. Amends the Alaska highway program. Authorizes the Secretary, upon agreement with the state of Alaska, to expend federal-aid highway funds apportioned to the state for necessary reconstruction on: (1) a specified segment of the Alaska Highway, or (2) the Alaska Marine Highway System. Directs the Secretary to establish a grant program for projects of national and regional significance. Revises metropolitan transportation planning and statewide transportation planning requirements. Requires designation of an MPO for each urbanized area with a population of more than 200,000 individuals and for small urbanized areas with populations between 50,000 and 200,000 individuals. (Currently, an MPO must be designated for each urbanized area with a population of more than 50,000 individuals.) Prescribes a tier I and tier II MPO designation system based on population. Requires MPOs, in developing metropolitan transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas, to use a process that establishes certain performance measures and targets for the metropolitan transportation planning of federal-aid highway projects. Requires each state, in developing a statewide transportation plan and a statewide transportation improvement program (STIP), to use similar performance measures and targets for the statewide transportation planning of federal-aid highway projects. Requires each state to incorporate the metropolitan transportation plans and TIPs for each metropolitan area into the statewide transportation plan and STIP. Declares that it is in the interest of the United States to focus the federal-aid highway program on certain national goals, including to: (1) significantly reduce traffic fatalities and serious injuries on all public roads, (2) maintain the highway infrastructure system in a state of good repair, (3) improve the efficiency of the surface transportation system, (4) improve the national freight network and support regional economic development, and (5) enhance the performance of the transportation system while protecting the natural environment. Directs the Secretary to carry out a project delivery acceleration initiative to identify, develop, and advance the use of best practices and deployment of technology and innovation to accelerate project delivery and to reduce project costs for transportation projects and programs while enhancing safety and protecting the environment. Authorizes a public authority to acquire real property that may be used for an approved surface transportation project before the completion of the environmental review process under the National Environmental Policy Act of 1969 (NEPA) for such project. Authorizes a contracting agency (state transportation department) to award, on a competitive basis, a two-phase contract to a construction manager or general contractor for pre-construction and construction services on federal-aid highway projects. Declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges. Amends NEPA to authorize a lead authority (DOT) operating administration or secretarial office to apply a categorical exclusion (that does not involve significant environmental impact) for other components of a multimodal transportation project if specified conditions are met. (A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementation of environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.) Revises and makes permanent the surface transportation project delivery pilot program. Directs the Secretary to publish notice of proposed rulemaking for categorical exclusions for federal-aid highway projects that are located solely within the right-of-way of an existing highway and are intended to improve safety, alleviate congestion, or improve pavement conditions. Prescribes procedures for accelerating the project delivery decisionmaking process with respect to: (1) environmental review of projects, (2) coordination among relevant agencies in meeting project deadlines, and (3) issue resolution and referral. Directs the Secretary to establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements for DOT formula grant programs. Authorizes the Secretary to establish an alternative relocation payment demonstration program for the payment of relocation assistance to persons displaced by federally-assisted programs and projects. Directs the Secretary to compare the completion times of categorical exclusions, environmental assessments, and environmental impact statements for federal-aid highway projects over specified time periods. Makes eligible to be a federal-aid highway project the construction of long-term parking facilities for commercial motor vehicles on the NHS (Jason's Law). Revises open container requirements. Requires the Secretary to withhold 2.5% of a state's apportionment of certain federal-aid highway funds if it has not enacted or is not enforcing a law that prohibits the possession of any open alcoholic beverage container, or the consumption of such beverage, in the passenger area of any motor vehicle on a public highway. Prescribes requirements for release of the withheld funds. Amends the federal-aid highway program to modify the minimum penalties states are required to impose on motorists convicted multiple times for driving while intoxicated or under the influence of alcohol. Requires repeat offenders to have: (1) all their driving privileges suspended (currently, only a driver's license suspension) for at least one year; or (2) their unlimited driving privileges suspended for one year, with limited driving privileges permitted, subject to restrictions and limited exemptions, if an ignition interlock device is installed for at least one year on each of the motor vehicles they own or operate. Eliminates the specified current alternative. Requires the Secretary to withhold certain apportionment funds if a state has not enacted or is not enforcing a repeat intoxicated driver law. Prescribes requirements for release of the withheld funds. Revises and decreases certain penalties. Prohibits the use of convict labor in the construction of federal-aid highways unless the convicts are on parole, supervised release, or probation. Authorizes the federal share of project costs for maintaining minimum levels of retroreflectivity of highway signs or pavement markings at 100%. Makes eligible to be a federal-aid highway project the addition of electric charging stations to new or previously federally-funded fringe and corridor parking facilities. Requires states to obligate federal-aid highway funds to install diesel emission control technology on off-road or on-road diesel equipment, with an engine that does not meet EPA particulate matter emission standards, that operates for at least 80 hours over the life of a federal-aid highway project within a PM2.5 nonattainment or maintenance area. Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to provide increases in payments made by a displacing agency for: (1) relocation expenses for displaced farms, nonprofit organizations, or small businesses; and (2) replacement housing for displaced homeowners and certain other tenants. Makes $10 million available for each fiscal year for specified federal-aid highway programs (effectively consolidating such programs.) Repeals specified federal-aid highway programs. Rescinds $2.391 billion of unobligated balances of certain federal-aid highway programs for FY2012. Rescinds $3.054 billion of unobligated balances of federal-aid highway program funds apportioned to each state for FY2013. Authorizes appropriations for FY2012 and FY2013 for specified transportation research and education programs. Replaces the Surface Transportation Research Program with the Surface Transportation Research, Development, and Technology Program. Replaces the National Technology Deployment Program with the Research and Technology Development and Deployment Program. Directs the Secretary to carry out: (1) a highway research and development program, and (2) a technology and innovation deployment program. Authorizes the Secretary to make grants to: (1) nonprofit institutions of higher education to establish workforce development centers, and (2) establish centers for surface transportation excellence. Repeals the International Highway Transportation Outreach Program and the Surface Transportation Environmental Cooperative Research Program. Revises the national university transportation centers grant program. Directs the Secretary to make competitive grants to eligible nonprofit institutions of higher education to establish tier I and tier II university transportation centers to advance transportation expertise and technology through education, research, and technology transfer activities. Establishes in the Research and Innovative Technology Administration (RITA) the Bureau of Transportation Statistics (BTS). (Actually, BTS was created in 1992 under the Intermodal Surface Transportation Efficiency Act [ISTEA] and later transferred to become part of RITA on February 20, 2005.) Subjects to a specified fine an owner or person in charge of a freight company that neglects, or refuses when requested by the BTS Director, to answer completely all questions relating to the company or to make available company records or statistics. Revises the intelligent transportation system (ITS) program. Authorizes the Secretary to develop and implement incentives to accelerate deployment of ITS technologies and services within all MAP-21 funding programs. Directs the Secretary to establish a competitive grant program to accelerate the deployment, operation, systems management, intermodal integration, and interoperability of the ITS program and ITS-enabled operational strategies. Specifies certain goals of the ITS program. Requires the Secretary to carry out a comprehensive program of ITS research and development, and operational tests of intelligent vehicles, intelligent infrastructure systems, and other similar activities. Directs the Secretary to develop a national ITS architecture and supporting ITS standards to promote the use of systems engineering methods in the deployment of intelligent transportation systems and technologies as a component of U.S. surface transportation systems. America Fast Forward Financing Innovation Act of 2011 - Amends the the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise DOT's TIFIA program of direct loans, loan guarantees, and credit for surface transportation projects. Revises TIFIA program eligibility requirements to make a project eligible to receive credit assistance if the entity proposing a project submits a letter of interest before submission of a project application and the project meets certain creditworthiness criteria. Requires the Secretary to establish a rolling application process in which eligible projects shall receive credit on terms acceptable to the Secretary, if adequate funds are available to cover the subsidy costs of the federal credit instrument. Authorizes a project sponsor in cases where there is not adequate funding available to fund a credit instrument to elect to enter into a master credit agreement and wait until the following fiscal year to receive credit assistance. Increases from 33% to 49% the maximum amount of direct loans, loan guarantees, and credit for project costs. Requires the Secretary to: (1) determine whether the estimated balance of the HTF (other than the Mass Transit Account) will fall below $2 billion in FY2012 or $1 billion in FY2013; and (2) calculate, if either event occurs, the amount by which the obligation limitation on federal-aid highway programs for each fiscal year would have to be reduced to prevent such an occurrence, and then distribute the limitation to the states (minus any reduction).

2178

2012-04-27T17:25:23-04:00

3261

400381

1324015200

112

2011-12-16

2969

73029

348173

1319605200

307

10/26/2011--Introduced.Stop Online Piracy Act - Authorizes the Attorney General (AG) to seek a court order against a U.S.-directed foreign Internet site committing or facilitating online piracy to require the owner, operator, or domain name registrant, or the site or domain name itself if such persons are unable to be found, to cease and desist further activities constituting specified intellectual property offenses under the federal criminal code including criminal copyright infringement, unauthorized fixation and trafficking of sound recordings or videos of live musical performances, the recording of exhibited motion pictures, or trafficking in counterfeit labels, goods, or services. Sets forth an additional two-step process that allows an intellectual property right holder harmed by a U.S.-directed site dedicated to infringement, or a site promoted or used for infringement under certain circumstances, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to forward the notification and suspend their services to such an identified site unless the site's owner, operator, or domain name registrant, upon receiving the forwarded notification, provides a counter notification explaining that it is not dedicated to engaging in specified violations. Authorizes the right holder to then commence an action for limited injunctive relief against the owner, operator, or domain name registrant, or against the site or domain name itself if such persons are unable to be found, if: (1) such a counter notification is provided (and, if it is a foreign site, includes consent to U.S. jurisdiction to adjudicate whether the site is dedicated to such violations), or (2) a payment network provider or Internet advertising service fails to suspend its services in the absence of such a counter notification. Requires online service providers, Internet search engines, payment network providers, and Internet advertising services, upon receiving a copy of a court order relating to an AG action, to carry out certain preventative measures including withholding services from an infringing site or preventing users located in the United States from accessing the infringing site. Requires payment network providers and Internet advertising services, upon receiving a copy of such an order relating to a right holder's action, to carry out similar preventative measures. Provides immunity from liability for service providers, payment network providers, Internet advertising services, advertisers, Internet search engines, domain name registries, or domain name registrars that take actions required by this Act or otherwise voluntarily block access to or end financial affiliation with such sites. Permits such entities to stop or refuse services to certain sites that endanger public health by distributing prescription medication that is adulterated, misbranded, or without a valid prescription. Expands the offense of criminal copyright infringement to include public performances of: (1) copyrighted work by digital transmission, and (2) work intended for commercial dissemination by making it available on a computer network. Expands the criminal offenses of trafficking in inherently dangerous goods or services to include: (1) counterfeit drugs; and (2) goods or services falsely identified as meeting military standards or intended for use in a national security, law enforcement, or critical infrastructure application. Increases the penalties for: (1) specified trade secret offenses intended to benefit a foreign government, instrumentality, or agent; and (2) various other intellectual property offenses as amended by this Act. Directs the U.S. Sentencing Commission to review, and if appropriate, amend related Federal Sentencing Guidelines. Requires the Secretary of State and Secretary of Commerce to appoint at least one intellectual property attache to be assigned to the U.S. embassy or diplomatic mission in a country in each geographic region covered by a Department of State regional bureau.

7290

This bill would establish a system for taking down websites that the Justice Department determines to be dedicated to copyright infringment. The DoJ or the copyright owner would be able to commence a legal action against any site they deem to have "only limited purpose or use other than infringement," and the DoJ would be allowed to demand that search engines, social networking sites and domain name services block access to the targeted site. It would also make unauthorized web streaming of copyrighted content a felony with a possible penalty up to five years in prison. This bill combines two separate Senate bills -- <a href="http://www.opencongress.org/bill/112-s968/show">S.968</a> and <a href="http://www.opencongress.org/bill/112-s978/show">S.978</a> -- into one big House bill.

2996

2012-03-23T14:45:15-04:00

308

400257

143

1297058400

112

2011-02-07

526

67393 19168 Bans the transfer or possession of high-capacity ammunition magazines. true

1295330400

1/18/2011--Introduced.Large Capacity Ammunition Feeding Device Act - Amends the Brady Handgun Violence Prevention Act to prohibit: (1) the transfer or possession of a large capacity ammunition feeding device, except for its lawful possession within the United States on or before the date of this Act's enactment; and (2) the importation or bringing into the United States of such a device. Sets forth exceptions to such ban. Sets penalties for violations.Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured after enactment and such other identification as the Attorney General may prescribe.

629

Bans the sale or possession of large-capacity ammunition magazines, defined in the bill as "a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition." Military personnel and police would be exempt from the ban.

669

2012-03-23T12:12:13-04:00

4089

400279

1334725200

112

2012-04-18

74466

1800

1334704380

1330322400

2/27/2012--Introduced.Sportsmen's Heritage Act of 2012 - Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials to facilitate the use of, and access to, federal public lands and waters for fishing, sport hunting, and recreational shooting, except as restricted by specified limitations, including statutory authority that authorizes or withholds action for reasons of national security, public safety, or resource conservation. Requires that Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, be open to recreational fishing, hunting, and shooting unless the managing agency acts to close lands to such activity for specified purposes, including resource conservation, public safety, energy production, water supply facilities, or national security. Allows federal agencies to: (1) lease their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Sets forth requirements for a withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands or waters for fishing or hunting or related activities. Recreational Shooting Protection Act - Requires National Monument land under BLM's jurisdiction to be open to access and use for recreational shooting, except as limited by the Director of BLM for reasons of national security and public safety and to comply with an applicable federal statute. Prohibits the issuance of closures or restrictions on such land that are substantially similar to those that were previously issued and not approved by federal law. Polar Bear Conservation and Fairness Act of 2012 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person: (1) who submits proof that the polar bear was legally harvested before February 18, 1997; or (2) who has submitted, in support of an application submitted before May 15, 2008, proof that the bear was legally harvested before such date from a polar bear population from which a sport-hunted trophy could be imported before such date. Hunting, Fishing, and Recreational Shooting Protection Act - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.

662

2012-04-19T06:17:49-04:00

4170

412440

394

1332997200

112

2012-03-29

165

74614

46317

1331186400

3/8/2012--Introduced.Student Loan Forgiveness Act of 2012 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to establish a 10/10 Loan Repayment Plan that allows borrowers of Federal Family Education Loans (FFELs) and Direct Loans (DLs) to limit their monthly payment on such loans to one-twelfth of 10% of the amount by which their adjusted gross income and that of their spouse (if applicable) exceeds 150% of the federal poverty level. Requires the Secretary of Education to determine a borrower's repayment obligation under that plan on a case-by-case basis if the repayment formula would result in the borrower paying nothing and the borrower is not in deferment due to an economic hardship. Establishes a 10/10 Loan Forgiveness Program that provides FFEL and DL forgiveness to borrowers who, after the date that is 10 years before the date of this Act's enactment, have made 120 monthly payments under the 10/10 Loan Repayment Plan or under another repayment plan that required them to make payments at least as large as those they would have made under the 10/10 Loan Repayment Plan. Credits the months during which an individual is in deferment due to an economic hardship as months for which payment was made for purposes of the 10/10 Loan Forgiveness Program. Caps the amount of loan forgiveness that the program will provide to individuals who become new borrowers after this Act's enactment. Caps the interest rate on new DLs at 3.4% Amends the public service employee loan forgiveness program to forgive the DLs of participants who have made 60 (currently, 120) monthly payments on such loans pursuant to specified repayment plans. Includes primary care physicians in medically underserved areas in the public service employee loan forgiveness program. Allows certain borrowers to consolidate their private education loans as Direct Consolidation Loans, provided the private loans were made on or before the date of this Act's enactment. Limits such borrowers to those who: (1) were students eligible for unsubsidized Stafford loans or PLUS loans under the FFEL or DL programs for their enrollment at an institution of higher education, or would have been had they been enrolled on at least a half-time basis; (2) borrowed at least one private education loan for such enrollment; and (3) have an average adjusted gross income that does not exceed their total education debt. Caps the interest rate on those Direct Consolidation Loans at 3.4% Requires borrowers to apply for such loans within one year of this Act's enactment. Funds this Act's programs from funds available for Overseas Contingency Operations.

2379

439

2012-04-27T16:55:47-04:00

968

300065

1327298400

112

2012-01-23

2184

70489

246782

1305176400

331

5/26/2011--Reported to Senate amended. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 or the PROTECT IP Act of 2011 - (Sec. 3) Authorizes the Attorney General (AG) to commence: (1) an in personam action against a registrant of a nondomestic domain name (NDN) used by an Internet site dedicated to infringing activities (ISDIA) or an owner or operator of an ISDIA accessed through an NDN; or (2) if such individuals are unable to be found by the AG or have no address within a U.S. judicial district, an in rem action (against a domain name itself, in lieu of such individuals) against the NDN used by an ISDIA. Defines ISDIA as a site that: (1) has no significant use other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services; or (2) is designed, operated, or marketed and used to engage in such activities. Defines NDN as a domain name for which the registry that issued the domain name and operates the relevant top level domain, and the registrar for the domain name, are located outside the United States. Allows the court, upon application by the AG after an NDN-related in personam or in rem action is commenced under this section, to issue a temporary restraining order or an injunction against the NDN, registrant, owner, or operator to cease and desist further ISDIA activity if the NDN is used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the AG to identify and provide advance notice to operators of nonauthoritative domain name system servers (NDNSSs), financial transaction providers (FTPs), Internet advertising services (IASs), and providers of information location tools (ILTs), including search engines, online directories, and other indexes with hypertext links or referrals to online locations, whose action may be required to prevent such NDN-related ISDIA activity. Sets forth the preventative measures required to be taken by NDNSSs, FTPs, IASs, and ILTs upon being served with a court order in a such an NDN-related action commenced by the AG. (Sec. 4) Authorizes the AG or an intellectual property right owner harmed by an ISDIA to commence: (1) an in personam action against a registrant of an ISDIA's domain name or an owner or operator of an ISDIA accessed through a domain name; or (2) if such individuals are unable to be found or have no address within a U.S. judicial district, an in rem action against a domain name used by an ISDIA. Allows the court, upon application by the relevant plaintiff after an in personam or in rem action concerning a domain name is commenced under this section, to issue a temporary restraining order or injunction against a domain name, registrant, owner, or operator to cease and desist further ISDIA activity if the domain name is: (1) registered or assigned by a domain name registrar or registry located or doing business in the United States, or (2) used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the relevant plaintiff to identify and provide advance notice to FTPs and IASs whose action may be required to prevent such ISDIA activity. Requires, upon being served with a court order after such an in personam or in rem action concerning a domain name is commenced by the AG or a private right owner under this section: (1) FTPs to take reasonable specified preventative measures, and (2) IASs to take technically feasible and reasonable measures. Sets forth provisions regarding the entities that may be required to take certain preventative measures in actions concerning both domain names and NDNs: (1) granting immunity to such entities for actions complying with a court order, (2) authorizing the relevant plaintiff to bring an action for injunction relief against a served entity that knowingly and willfully fails to comply with a court order, and (3) permitting such entities to intervene in commenced actions and request modifications, suspensions, or terminations of related court orders. (Sec. 5) Provides immunity from liability for: (1) FTPs or IASs that, in good faith, voluntarily take certain preventative actions against ISDIAs, and (2) domain name registries and registrars, FTPs, ILTs, or IASs that, in good faith, withhold services from infringing sites that endanger public health by distributing prescription medication that is counterfeit, adulterated, misbranded, or without a valid prescription. (Sec. 7) Requires the AG to: (1) publish procedures to receive information from the public about ISDIAs and develop a process to coordinate enforcement activities with other law enforcement agencies, and (2) report annually to Congress on actions commenced by the AG under this Act including the use of related court orders and enforcement procedures. Directs the Secretary of Commerce to submit a report to Congress assessing the requirement that NDNSSs, except under specified circumstances, take the least burdensome technically feasible and reasonable measures to prevent an NDN from resolving to its Internet protocol (IP) address after receiving advance notice and upon being served with a court order in an NDN-related in personam or in rem action commenced by the AG under this Act. Requires the Register of Copyrights to submit a report to Congress regarding this Act's: (1) enforcement and effectiveness, (2) burden on intermediaries (including an assessment of the need to reimburse compliance costs), and (3) application to emerging technologies. Directs the Comptroller General (GAO) to submit a report on certain actions commenced by private plaintiffs under this Act. (Sec. 8) Authorizes the Secretary of Homeland Security (DHS), subject to any applicable bonding requirements, to share information and provide: (1) unredacted samples of the products, packaging, and labels, or related photos with trademark right holders if the U.S. Customs and Border Protection (CBP) suspects an import or export violation under specified provisions of the Lanham Act relating to copied or simulated marks or names; and (2) samples to affected parties upon the CBP's seizure of material imported in violation of specified federal copyright laws prohibiting the circumvention of technological measures that control access to or protect a copyrighted work.

4130

Establishes a system for taking down websites that the Justice Department determines to be "dedicated to infringing activities." The DoJ or the copyright owner would be able to commence a legal action against the alleged infringer and the DoJ would be allowed to demand that search engines, social networking sites and domain name services block access to the targeted site. In some cases, action could be taken to block sites without first allowing the alleged infringer to defend themselves in court.

2210

2012-03-23T16:45:58-04:00

347

412311

1331186400

112

2012-03-08

178

67421

20160

1330386840

1295416800

128

3/8/2012--Public Law. (This measure has not been amended since it was reported to the Senate on November 17, 2011. The summary of that version is repeated here.) Federal Restricted Buildings and Grounds Improvement Act of 2011 [sic] - Amends the federal criminal code to revise the prohibition against entering restricted federal buildings or grounds to impose criminal penalties on anyone who knowingly enters any restricted building or grounds without lawful authority. Defines "restricted buildings or grounds" as a posted, cordoned off, or otherwise restricted area of: (1) the White House or its grounds or the Vice President's official residence or its grounds, (2) a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting, or (3) a building or grounds so restricted due to a special event of national significance.

2384

187

2012-03-23T12:14:08-04:00

2105

300067

1329372000

112

2012-02-16

74340

3429

1329199200

124

2/14/2012--Introduced.Cybersecurity Act of 2012 - Directs the Secretary of Homeland Security (DHS), in consultation with owners and operators of critical infrastructure, the Critical Infrastructure Partnership Advisory Council, and other federal agencies and private sector entities, to: (1) to conduct a top-level assessment of cybersecurity risks to determine which sectors face the greatest immediate risk, and beginning with the sectors identified as having the highest priority, conduct, on a sector-by-sector basis, cyber risk assessments of the critical infrastructure; (2) establish a procedure for the designation of critical infrastructure; (3) identify or develop risk-based cybersecurity performance requirements; and (4) implement cyber response and restoration plans. Sets forth requirements for securing critical infrastructure, including notification of cyber risks and threats and reporting of significant cyber incidents affecting critical infrastructure. Defines "critical infrastructure" as systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, or national public health or safety. Amends the Federal Information Security Management Act of 2002 (FISMA) to revise information security requirements for federal agencies and provide for continuous monitoring of, and streamlined reporting of, cybersecurity risks. Amends the Homeland Security Act of 2002 to consolidate existing DHS resources for cybersecurity within a National Center for Cybersecurity and Communications. Sets forth the duties of the Center, including managing efforts to secure, protect, and ensure the resiliency of the federal information infrastructure, supporting private sector efforts to protect such infrastructure, prioritizing efforts to address the most significant risks to the information infrastructure, and ensuring privacy protections. Requires: (1) the DHS Secretary to implement outreach and awareness programs on cybersecurity; (2) the DHS Secretary and the Secretary of Commerce to establish a program to identify, develop, and recruit talented individuals to work in cybersecurity; (3) the Director of the National Science Foundation (NSF) to establish a program to stimulate innovation in basic cybersecurity research and development and to recruit and train cybersecurity professionals; and (4) the Director of the Office of Personnel Management (OPM) to assess the readiness and capacity of the federal workforce to meet cybersecurity needs and to establish a cybersecurity awareness and education curriculum for all federal employees and contractors. Requires the Secretary of Education to develop model curriculum standards to address cybersecurity issues for elementary school students and for students in institutions of higher education and career and technical institutions. Requires federal agencies to adopt OPM best practices for motivating employees to demonstrate leadership in cybersecurity. Requires the Director of the Office of Science and Technology Policy to develop a national cybersecurity research and development plan to advance the development of new technologies to protect against evolving cyberthreats. Requires the DHS Secretary to coordinate with private sector and academic experts, the Secretaries of Defense (DOD), Commerce, and State, the Director of National Intelligence (DNI), and other federal agencies to develop and periodically update an acquisition risk management strategy to ensure the security of the federal information infrastructure. Authorizes private entities to disclose or receive lawfully obtained cybersecurity threat information to protect an information system. Establishes a process to designate cybersecurity exchanges for distributing, receiving, and exchanging cybersecurity threat information. Allows a non-federal entity to disclose lawfully obtained cybersecurity threat information to an exchange. Provides legal protections for entities engaged in cybersecurity monitoring activities, including a good faith defense. Directs the DHS Secretary and the Secretary of Defense (DOD) to report to Congress annually on major cyber incidents involving networks of executive agencies and military departments. Requires the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to report on investigations and prosecutions of cybercrimes. Requires the Attorney General to report on the ability of federal courts to grant timely relief in matters relating to cybercrime. Requires the DHS Secretary to report on: (1) available technical options to enhance the security of critical infrastructure, (2) legal or other impediments to public awareness of cybersecurity threats, and (3) the national security implications of a disruption of the U.S. electric grid caused by a cyber attack. Expresses the sense of Congress with respect to engaging in international cooperation to advance U.S. cyberspace objectives and combat cybercrime. Authorizes the Secretary of State to designate a senior State Department official to coordinate diplomatic efforts on the full range of international cyber issues. Requires the Secretary to assess and report on significant global issues, trends, and actors with respect to cybercrime and to give priority in foreign assistance to programs designed to combat cybercrime.

366

2012-03-23T17:45:58-04:00

400031

1332306000

112

2012-03-21

74773

866

1332306000

155

2012-05-08T06:13:38-04:00

1540

400267

1325311200

112

2011-12-31

614

69868

126566

1323982920

1302757200

338

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

3244

627

2012-03-23T13:17:19-04:00

4310

400267

1336779420

112

2012-05-11

74925

2325

1332997200

3/29/2012--Introduced.National Defense Authorization Act for Fiscal Year 2013 - Authorizes appropriations to the Department of Defense (DOD) for FY2013 for: (1) procurement, including for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion; (2) the Joint Improvised Explosive Device Defeat Fund; (3) purchases under the Defense Production Act of 1950; (4) research, development, test, and evaluation; (5) operation and maintenance; (6) military personnel; (7) Working Capital Funds; (8) the National Defense Sealift Fund; (9) the Joint Urgent Operational Needs Fund; (10) chemical agents and munitions destruction; (11) drug interdiction and counter-drug activities; (12) the Defense Inspector General; (13) the Defense Health Program; (14) the Armed Forces Retirement Home; and (15) overseas contingency operations. Sets forth provisions or requirements concerning: (1) military personnel policy, (2) education and training, (3) military pay and allowances, (4) military health care, (5) acquisition policy and management, and (6) DOD organization and management.

322

2012-05-12T06:12:25-04:00

358

400320

152

1318827600

112

2011-10-17

456

67474

31139

1318548000

1295503200

427

10/13/2011--Passed House amended. (This measure has not been amended since it was reported to the House on March 17, 2011. The summary of that version is repeated here.) Protect Life Act - Amends the Patient Protection and Affordable Care Act (PPACA) to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions. Prohibits a federal agency or program and any state or local government that receives federal financial assistance under PPACA from requiring any health plan created or regulated under PPACA to discriminate against any institutional or individual health care entity based on the entity's refusal to undergo training in the performance of induced abortions, require or provide such training, or refer for such training. Creates a cause of action for any violations of the abortion provisions of PPACA. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including injunctions and orders preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of PPACA abortion provisions. Requires the Director of the Office of Personnel Management (OPM) to ensure that no multistate qualified health plan offered in an Exchange provides coverage of abortion services.

1227

Amends the new health care law so that no federal money could be applied to health insurance plans that cover elective abortions, even if the abortion coverage is paid for entirely with private funds. It also states that a federal agency can not force a health care provider that accepts Medicare or Medicaid to provide abortion services, even in cases when the mother's life is endangered.

608

2012-03-23T12:14:43-04:00

2188

412326

1331614800

112

2012-03-13

74677

5893

1331614800

1874

110

2012-03-23T17:49:24-04:00

2096

400654

1336366800

112

2012-05-07

70930

2713

1335542640

1306990800

4/27/2012--Passed House amended. Cybersecurity Enhancement Act of 2012 - Title I: Research and Development - (Sec. 103) Directs specified federal agencies participating in the National High-Performance Computing Program to: (1) transmit to Congress a cybersecurity strategic research and development plan and triennial updates, and (2) develop and annually update an implementation roadmap for such plan. Instructs the participating agencies, in developing and updating the strategic plan, to solicit recommendations and advice from the advisory committee on high-performance computing and a wide range of specified stakeholders. (Sec. 104) Provides for the award of computer and network security research grants by the National Science Foundation (NSF) in the research areas of social and behavioral factors, including human-computer interactions, identity management, as well as the detection, investigation, and prosecution of cyber-crimes involving organized crime and crimes against children. Authorizes appropriations for FY2013-FY2015 for such grants. (Sec. 105) Requires applications for the establishment of Computer and Network Security Research Centers to include a description of how such Centers will partner with government laboratories, for-profit entities, other institutions of higher education, or nonprofit research institutions. Authorizes appropriations for such Centers FY2013-FY2015. Authorizes appropriations to NSF for FY2013-FY2015 for: (1) computer and network security capacity building grants, (2) grants under the Scientific and Advanced Technology Act for the national advanced scientific and technical education program and national centers of scientific and technical education, and (3) grants for graduate traineeships programs in computer and network security research. Repeals the Cyber Security Faculty Development Traineeship Program. (Sec. 106) Requires the NSF Director to continue carrying out a Scholarship for Service program under the Cyber Security Research and Development Act to recruit and train the next generation of federal cybersecurity professionals and to increase the capacity of the higher education system to produce an information technology workforce with the skills necessary to enhance the security of the nation's communications and information infrastructure. Requires the program to: (1) provide scholarships for tuition, fees, and a stipend for up to two years to students pursuing a bachelor's or master's degree and up to three years to students pursuing a doctoral degree in a cybersecurity field upon condition that a scholarship recipient, upon the completion of the degree, serves as a cybersecurity professional within the federal workforce (or in another specified cybersecurity capacity) for a specified period of time; (2) provide scholarship recipients with summer internships or other temporary appointments in the federal information technology workforce; and (3) increase, through competitive grants, the capacity of U.S. higher education institutions to produce highly qualified cybersecurity professionals. (Sec. 107) Directs the President to transmit a report to Congress addressing the cybersecurity workforce needs of the federal government. (Sec. 108) Requires the Director of the Office of Science and Technology Policy to convene a cybersecurity university-industry task force to explore mechanisms for carrying out collaborative R&D activities through a consortium or other appropriate entity. Terminates the task force upon transmittal of a report to Congress. (Sec. 109) Revises provisions under the Cyber Security Research and Development Act concerning the development and dissemination by the National Institute of Standards and Technology (NIST) of security risk checklists associated with computer systems that are, or are likely to become, widely used within the federal government. Requires the NIST Director to establish priorities for the development, and revision as necessary, of security automation standards, associated reference materials (including protocols), and checklists associated with such systems in order to enable standardized and interoperable technologies, architectures, and frameworks to continuously monitor information security within the federal government. Instructs the NIST Director to ensure that federal agencies are informed of the availability of any standard, reference material, checklist, or other item developed pursuant to this section. (Sec. 110) Requires NIST to conduct intramural security research activities under its computing standards program. Title II: Advancement of Cybersecurity Technical Standards - (Sec. 202) Requires the NIST Director to ensure the coordination of federal agencies engaged in the development of international technical standards related to information system security. Requires the development and transmittal to Congress of a plan to ensure coordination by such federal agencies. Instructs the Director to ensure consultation with appropriate private sector stakeholders. (Sec. 203) Requires the NIST Director, in collaboration with the federal Chief Information Officers Council, to continue to develop and encourage implementation of a comprehensive strategy for the use and adoption of cloud computing services by the federal government. Requires consideration to be given to activities that: (1) accelerate the development, in collaboration with the private sector, of standards that address the interoperability and portability of cloud computing services; (2) advance the development of conformance testing performed by the private sector in support of cloud computing standardization; and (3) support, in consultation with the private sector, the development of appropriate security frameworks and reference materials, and the identification of best practices, for federal agencies to use in addresssing security and privacy requirements. (Sec. 204) Requires the NIST Director, in collaboration with the National Coordination Office of the Networking and Information Technology Research and Development program, to continue the coordination of a cybersecurity awareness and education program for increasing the knowledge, skills, and awareness of cybersecurity risks, consequences, and best practices through: (1) the widespread dissemination of cybersecurity technical standards and best practices identified by NIST; (2) efforts to make cybersecurity best practices usable by individuals, small to medium-sized businesses, state, local, and tribal governments, and educational institutions; and (3) efforts to attract, recruit, and retain qualified professionals to the federal cybersecurity workforce. Requires the NIST Director to implement and transmit a strategic plan to Congress to guide federal programs and activities in support of a specified comprehensive cybersecurity awareness and education program. (Sec. 205) Requires the NIST Director to continue a program to support the development of technical standards, metrology, testbeds, and conformance criteria with regard to identity management research and development. (Sec. 206) Prohibits the authorization of any additional funds to carry out this title, the amendments made by this title, or to carry out amendments made by sections 109 and 110 of this Act. Requires this title and the amendments made by this title and such sections to be carried out using otherwise authorized or appropriated amounts.

416

2012-05-08T06:17:32-04:00

412416

683

1294207200

112

2011-01-05

379

67155 40758 Abolishes the current federal tax code and replaces it with a 23% sales tax on all goods and services. true

1294207200

215

1/5/2011--Introduced.Fair Tax Act of 2011 - Repeals the income tax, employment tax, and estate and gift tax. Redesignates the Internal Revenue Code of 1986 as the Internal Revenue Code of 2011. Imposes a national sales tax on the use or consumption in the United States of taxable property or services. Sets the sales tax rate at 23% in 2013, with adjustments to the rate in subsequent years. Allows exemptions from the tax for property or services purchased for business, export, or investment purposes, and for state government functions. Sets forth rules relating to: (1) the collection and remittance of the sales tax, and (2) credits and refunds. Allows a monthly sales tax rebate for families meeting certain size and income requirements. Grants states the primary authority for the collection of sales tax revenues and the remittance of such revenues to the Treasury. Sets forth administrative provisions relating to: (1) the filing of monthly reports and payments of tax, (2) accounting methods, (3) registration of sellers of goods and services responsible for reporting sales, (4) penalties for noncompliance, and (5) collections, appeals, and taxpayer rights. Directs the Secretary of the Treasury to allocate sales tax revenues among: (1) the general revenue, (2) the old-age and survivors insurance trust fund, (3) the disability insurance trust fund, (4) the hospital insurance trust fund, and (5) the federal supplementary medical insurance trust fund. Prohibits the funding of the Internal Revenue Service (IRS) after FY2015. Establishes in the Department of the Treasury: (1) an Excise Tax Bureau to administer excise taxes not administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and (2) a Sales Tax Bureau to administer the national sales tax. Terminates the sales tax imposed by this Act if the Sixteenth Amendment to the U.S. Constitution (authorizing an income tax) is not repealed within seven years after the enactment of this Act.

732

This bill would eliminate all federal income taxes, payroll taxes and the estate tax, and replace them with a federal sales tax of 23% on the use or consumption of all goods, properties and services. The Internal Revenue Service would be abolished and replaced by an Excise Tax Bureau and a Sales Tax Bureau in the Department of the Treasury.

1062

2012-04-20T06:12:25-04:00

2151

300071

1330581600

112

2012-03-01

74532

774

1330581600

3/1/2012--Introduced.Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012 or SECURE IT - Authorizes private entities to employ countermeasures and use cybersecurity systems to obtain, identify, or possess cyber threat information on its own networks or the networks of another entity with such entity's authorization. Allows private entities, nonfederal government agencies, or state, tribal, or local governments to voluntarily disclose cyber threat information to designated cybersecurity centers or to each other to assist with preventing, investigating, or mitigating threats to information security. Requires federal contractors of electronic communication, remote computing, or cybersecurity services to immediately provide the contracting agency with any cyber threat information directly related to the contract. Permits contractors to also provide such information to a cybersecurity center. Directs federal agencies receiving such contractor-provided information to disclose it immediately to a cybersecurity center. Permits cyber threat information provided to a cybersecurity center to be disclosed to, or used by, the federal government for a cybersecurity or national security purpose or to prevent, investigate, or prosecute various criminal offenses for which law enforcement officials are authorized, under existing law, to seek a court order authorizing an interception of wire, oral, or electronic communications. Prohibits federal, state, tribal, or local agencies from directly using such information to regulate an entity's lawful activities. Sets forth conditions with regard to information provided to a cybersecurity center including: (1) the disclosure of such information to state, tribal, or local governments; (2) the use, distribution, and any prerequisite consent necessary for sharing such information; and (3) the legal treatment of such information under specified privileges, exemptions, ex parte communications rules, and requirements for disclosing public information and records. Provides legal protections to entities engaged in authorized cybersecurity activities. Directs the Director of National Intelligence (DNI) and Secretary of Defense (DOD) to develop procedures for sharing classified and unclassified information. Amends the Federal Information Security Management Act of 2002 to replace existing information security procedures for federal agencies with a new framework for coordinating and securing federal information. Directs the Secretary of Commerce to issue compulsory and binding policies and directives governing agency information security operations. Requires that national security systems be overseen as directed by the President. Requires each agency to comply with such policies and provide risk-commensurate information security protections for information systems used or operated by the agency or a contractor or other organization on an agency's behalf. Requires each agency's Chief Information Officer to develop an agencywide information security program. Directs the Secretary of Homeland Security (DHS) to: (1) designate a DHS entity to conduct an ongoing security analysis of agency information systems using automated processes, and (2) develop a timeline for each agency to adopt continuous monitoring systems. Sets forth separate requirements for national security systems. Requires that federal information systems be based on National Institute of Standards and Technology (NIST) standards. Amends the Computer Fraud and Abuse Act to increase and further delineate the criminal penalties for computer fraud and related activities. Establishes an offense for aggravated damage to a public or private critical infrastructure computer that manages or controls systems or assets vital to national defense, national security, national economic security, or public health or safety. Amends the High-Performance Computing Act of 1991 to re-designate the National High-Performance Computing Program as the Networking and Information Technology Research and Development Program. Requires the Director of the Office of Science and Technology Policy (STP) to establish goals for inter-agency collaborative research and development with Program Component Areas, industry, institutions of higher education, federal laboratories, and international organizations. Directs agencies to develop a five-year strategic plan. Requires that agencies be encouraged under the Program to address application areas with potential for contributions to national economic competitiveness and other societal benefits including technical solutions to cybersecurity, health care, energy management, transportation, cyber-physical systems, physical and behavioral phenomena, and privacy protection. Defines "cyber-physical systems" as physical or engineered systems whose networking and information technology functions and physical elements are integrated and actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions. Requires the STP Director to convene a task force to report to Congress on options for the research, development, and organizational structure of cyber-physical systems. Requires the National Science Foundation (NSF) to continue a Federal Cyber Scholarship-for-Service program. Requires the NIST to coordinate federal agencies engaged in the development of international technical standards. Amends the Cyber Security Research and Development Act to add research areas eligible for NSF computer and network security research grants. Authorizes: (1) various grant programs through FY2013, and (2) the cybersecurity faculty development traineeship program through FY2014.

166

2012-03-23T17:47:53-04:00

3590

400333

1068

1269320400

111

2010-03-23

2678

59951 882231 The health care reform bill, signed into law by President Obama on March 23, 2010. false

1269226140

1253163600

1106

3/23/2010--Public Law. (This measure has not been amended since it was passed by the Senate on December 24, 2009. The summary of that version is repeated here.) Patient Protection and Affordable Care Act - Title I: Quality, Affordable Health Care for All Americans - Subtitle A: Immediate Improvements in Health Care Coverage for All Americans - (Sec. 1001, as modified by Sec. 10101) Amends the Public Health Service Act to prohibit a health plan ("health plan” under this subtitle excludes any “grandfathered health plan” as defined in section 1251) from establishing lifetime limits or annual limits on the dollar value of benefits for any participant or beneficiary after January 1, 2014. Permits a restricted annual limit for plan years beginning prior to January 1, 2014. Declares that a health plan shall not be prevented from placing annual or lifetime per-beneficiary limits on covered benefits that are not essential health benefits to the extent that such limits are otherwise permitted. Prohibits a health plan from rescinding coverage of an enrollee except in the case of fraud or intentional misrepresentation of material fact. Requires health plans to provide coverage for, and to not impose any cost sharing requirements for: (1) specified preventive items or services; (2) recommended immunizations; and (3) recommended preventive care and screenings for women and children. Requires a health plan that provides dependent coverage of children to make such coverage available for an unmarried, adult child until the child turns 26 years of age. Requires the Secretary of Health and Human Services (HHS) to develop standards for health plans (including grandfathered health plans) to provide an accurate summary of benefits and coverage explanation. Directs each such health plan, prior to any enrollment restriction, to provide such a summary of benefits and coverage explanation to: (1) the applicant at the time of application; (2) an enrollee prior to the time of enrollment or re-enrollment; and (3) a policy or certificate holder at the time of issuance of the policy or delivery of the certificate. Requires group health plans to comply with requirements relating to the prohibition against discrimination in favor of highly compensated individuals. Requires the Secretary to develop reporting requirements for health plans on benefits or reimbursement structures that: (1) improve health outcomes; (2) prevent hospital readmissions; (3) improve patient safety and reduce medical errors; and (4) promote wellness and health. Requires a health plan (including a grandfathered health plan) to: (1) submit to the Secretary a report concerning the ratio of the incurred loss (or incurred claims) plus the loss adjustment expense (or change in contract reserves) to earned premiums; and (2) provide an annual rebate to each enrollee if the ratio of the amount of premium revenue expended by the issuer on reimbursement for clinical services provided to enrollees and activities that improve health care quality to the total amount of premium revenue for the plan year is less than a 85% for large group markets or 80% for small group or individual markets. Requires each U.S. hospital to establish and make public a list of its standard charges for items and services. Requires a health plan to implement an effective process for appeals of coverage determinations and claims. Sets forth requirements for health plans related to: (1) designation of a primary care provider; (2) coverage of emergency services; and (3) elimination of referral requirements for obstetrical or gynecological care. (Sec. 1002) Requires the Secretary to award grants to states for offices of health insurance consumer assistance or health insurance ombudsman programs. (Sec. 1003, as modified by Sec. 10101) Requires the Secretary to establish a process for the annual review of unreasonable increases in premiums for health insurance coverage. (Sec. 1004) Makes this subtitle effective for plan years beginning six months after enactment of this Act, with certain exceptions. Subtitle B: Immediate Actions to Preserve and Expand Coverage - (Sec. 1101) Requires the Secretary to establish a temporary high risk health insurance pool program to provide health insurance coverage to eligible individuals with a preexisting condition. Terminates such coverage on January 1, 2014, and provides for a transition to an American Health Benefit Exchange (Exchange). (Sec. 1102, as modified by Sec. 10102) Requires the Secretary to establish a temporary reinsurance program to provide reimbursement to participating employment-based plans for a portion of the cost of providing health insurance coverage to early retirees before January 1, 2014. (Sec. 1103, as modified by Sec. 10102) Requires the Secretary to establish a mechanism, including an Internet website, through which a resident of, or small business in, any state may identify affordable health insurance coverage options in that state. (Sec. 1104) Sets forth provisions governing electronic health care transactions. Establishes penalties for health plans failing to comply with requirements. (Sec. 1105) Makes this subtitle effective on the date of enactment of this Act. Subtitle C: Quality Health Insurance Coverage for All Americans - Part I: Health Insurance Market Reforms - (Sec. 1201, as modified by Sec. 10103) Prohibits a health plan ("health plan” under this subtitle excludes any “grandfathered health plan” as defined in section 1251) from: (1) imposing any preexisting condition exclusion; or (2) discriminating on the basis of any health status-related factor. Allows premium rates to vary only by individual or family coverage, rating area, age, or tobacco use. Requires health plans in a state to: (1) accept every employer and individual in the state that applies for coverage; and (2) renew or continue coverage at the option of the plan sponsor or the individual, as applicable. Prohibits a health plan from establishing individual eligibility rules based on health status-related factors, including medical condition, claims experience, receipt of health care, medical history, genetic information, and evidence of insurability. Sets forth provisions governing wellness programs under the health plan, including allowing cost variances for coverage for participation in such a program. Prohibits a health plan from discriminating with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable state law. Requires health plans that offer health insurance coverage in the individual or small group market to ensure that such coverage includes the essential health benefits package. Requires a group health plan to ensure that any annual cost-sharing imposed under the plan does not exceed specified limitations. Prohibits a health plan from: (1) applying any waiting period for coverage that exceeds 90 days; or (2) discriminating against individual participation in clinical trials with respect to treatment of cancer or any other life-threatening disease or condition. Part II: Other Provisions - (Sec. 1251, as modified by Sec. 10103) Provides that nothing in this Act shall be construed to require that an individual terminate coverage under a group health plan or health insurance coverage in which such individual was enrolled on the date of enactment of this Act. Allows family members of individuals currently enrolled in a plan to enroll in such plan or coverage if such enrollment was permitted under the terms of the plan. Allows new employees and their families to enroll in a group health plan that provides coverage on the date of enactment of this Act. Defines a "grandfathered health plan" as a group health plan or health insurance coverage in which an individual was enrolled on the date of enactment of this Act. States that this subtitle and subtitle A shall not apply to: (1) a group health plan or health insurance coverage in which an individual was enrolled on the date of enactment of this Act, regardless of whether the individual renews such coverage after such date of enactment; (2) an existing group health plan that enrolls new employees under this section; and (3) health insurance coverage maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers that was ratified before the date of enactment of this Act until the date on which the last of the collective bargaining agreements relating to the coverage terminates. Applies provisions related to uniform coverage documents and medical loss ratios to grandfathered health plans for plan years beginning after enactment of this Act. (Sec. 1252) Requires uniform application of standards or requirements adopted by states to all health plans in each applicable insurance market. (Sec. 1253, as added by Sec. 10103) Directs the Secretary of Labor to prepare an annual report on self-insured group health plans and self-insured employers. (Sec. 1254, as added by Sec. 10103) Requires the HHS Secretary to conduct a study of the fully-insured and self-insured group health plan markets related to financial solvency and the effect of insurance market reforms. (Sec. 1255, as modified by Sec. 10103) Sets forth effective dates for specified provisions of this subtitle. Subtitle D: Available Coverage Choices for All Americans - Part I: Establishment of Qualified Health Plans - (Sec. 1301, as modified by Sec. 10104) Defines "qualified health plan" to require that such a plan provides essential health benefits and offers at least one plan in the silver level at one plan in the gold level in each Exchange through which such plan is offered. (Sec. 1302, as modified by Sec. 10104) Requires the essential health benefits package to provide essential health benefits and limit cost-sharing. Directs the Secretary to: (1) define essential health benefits and include emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, prescription drugs, preventive and wellness services and chronic disease management, and pediatric services, including oral and vision care; (2) ensure that the scope of the essential health benefits is equal to the scope of benefits provided under a typical employer plan; and (3) provide notice and an opportunity for public comment in defining the essential health benefits. Establishes: (1) an annual limit on cost-sharing beginning in 2014; and (2) a limitation on the deductible under a small group market health plan. Sets forth levels of coverage for health plans defined by a certain percentage of the costs paid by the plan. Allows health plans in the individual market to offer catastrophic coverage for individuals under age 30, with certain limitations. (Sec. 1303, as modified by Sec. 10104) Sets forth special rules for abortion coverage, including: (1) permitting states to elect to prohibit abortion coverage in qualified health plans offered through an Exchange in the state; (2) prohibiting federal funds from being used for abortion services; and (3) requiring separate accounts for payments for such services. Prohibits any qualified health plan offered through an Exchange from discriminating against any individual health care provider or health care facility because of its unwillingness to provide, pay for, provide coverage of, or refer for abortions. (Sec. 1304, as modified by Sec. 10104) Sets forth definitions for terms used in this title. Part II: Consumer Choices and Insurance Competition Through Health Benefit Exchanges - (Sec. 1311, as modified by Sec. 10104) Requires states to establish an American Health Benefit Exchange that: (1) facilitates the purchase of qualified health plans; and (2) provides for the establishment of a Small Business Health Options Program (SHOP Exchange) that is designed to assist qualified small employers in facilitating the enrollment of their employees in qualified health plans offered in the small group market in the state. Requires the Secretary to establish criteria for the certification of health plans as qualified health plans, including requirements for: (1) meeting market requirements; and (2) ensuring a sufficient choice of providers. Sets forth the requirements for an Exchange, including that an Exchange: (1) must be a governmental agency or nonprofit entity that is established by a state; (2) may not make available any health plan that is not a qualified health plan; (3) must implement procedures for certification of health plans as qualified health plans; and (4) must require health plans seeking certification to submit a justification of any premium increase prior to implementation of such increase. Permits states to require qualified health plans to offer additional benefits. Requires states to pay for the cost of such additional benefits. Allows a state to establish one or more subsidiary Exchanges for geographically distinct areas of a certain size. Applies mental health parity provisions to qualified health plans. (Sec. 1312, as modified by Sec. 10104) Allows an employer to select a level of coverage to be made available to employees through an Exchange. Allows employees to choose to enroll in any qualified health plan that offers that level of coverage. Restricts the health plans that the federal government may make available to Members of Congress and congressional staff after the effective date of this subtitle to only those health plans that are created under this Act or offered through an Exchange. Permits states to allow large employers to join an Exchange after 2017. (Sec. 1313, as modified by Sec. 10104) Requires an Exchange to keep an accurate accounting of all activities, receipts, and expenditures and to submit to the Secretary, annually, a report concerning such accountings. Requires the Secretary to take certain action to reduce fraud and abuse in the administration of this title. Requires the Comptroller General to conduct an ongoing study of Exchange activities and the enrollees in qualified health plans offered through Exchanges. Part III: State Flexibility Relating to Exchanges - (Sec. 1321) Requires the Secretary to issue regulations setting standards related to: (1) the establishment and operation of Exchanges; (2) the offering of qualified health plans through Exchanges; and (3) the establishment of the reinsurance and risk adjustment programs under part V. Requires the Secretary to: (1) establish and operate an Exchange within a state if the state does not have one operational by January 1, 2014; and (2) presume that an Exchange operating in a state before January 1, 2010, that insures a specified percentage of its population meets the standards under this section. (Sec. 1322, as modified by Sec. 10104) Requires the Secretary to establish the Consumer Operated and Oriented Plan (CO-OP) program to foster the creation of qualified nonprofit health insurance issuers to offer qualified health plans in the individual and small group markets. Requires the Secretary to provide for loans and grants to persons applying to become qualified nonprofit health insurance issuers. Sets forth provisions governing the establishment and operation of CO-OP program plans. (Sec. 1323, deleted by Sec. 10104) (Sec. 1324, as modified by Sec. 10104) Declares that health insurance coverage offered by a private health insurance issuer shall not be subject to federal or state laws if a qualified health plan offered under the CO-OP program is not subject to such law. Part IV: State Flexibility to Establish Alternative Programs - (Sec. 1331, as modified by Sec. 10104) Requires the Secretary to establish a basic health program under which a state may enter into contracts to offer one or more standard health plans providing at least the essential health benefits to eligible individuals in lieu of offering such individuals coverage through an Exchange. Sets forth requirements for such a plan. Transfers funds that would have gone to the Exchange for such individuals to the state. (Sec. 1332) Authorizes a state to apply to the Secretary for the waiver of specified requirements under this Act with respect to health insurance coverage within that state for plan years beginning on or after January 1, 2017. Directs the Secretary to provide for an alternative means by which the aggregate amounts of credits or reductions that would have been paid on behalf of participants in the Exchange will be paid to the state for purposes of implementing the state plan. (Sec. 1333, as modified by Sec. 10104) Requires the Secretary to issue regulations for the creation of health care choice compacts under which two or more states may enter into an agreement that: (1) qualified health plans could be offered in the individual markets in all such states only subject to the laws and regulations of the state in which the plan was written or issued; and (2) the issuer of any qualified health plan to which the compact applies would continue to be subject to certain laws of the state in which the purchaser resides, would be required to be licensed in each state, and must clearly notify consumers that the policy may not be subject to all the laws and regulations of the state in which the purchaser resides. Sets forth provisions regarding the Secretary's approval of such compacts. (Sec. 1334, as added by Sec. 10104) Requires the Director of the Office of Personnel Management (OPM) to: (1) enter into contracts with health insurance issuers to offer at least two multistate qualified health plans through each Exchange in each state to provide individual or group coverage; and (2) implement this subsection in a manner similar to the manner in which the Director implements the Federal Employees Health Benefits Program. Sets forth requirements for a multistate qualified health plan. Part V: Reinsurance and Risk Adjustment - (Sec. 1341, as modified by Sec. 10104) Directs each state, not later than January 1, 2014, to establish one or more reinsurance entities to carry out the reinsurance program under this section. Requires the Secretary to establish standards to enable states to establish and maintain a reinsurance program under which: (1) health insurance issuers and third party administrators on behalf of group health plans are required to make payments to an applicable reinsurance entity for specified plan years; and (2) the applicable reinsurance entity uses amounts collected to make reinsurance payments to health insurance issuers that cover high risk individuals in the individual market. Directs the state to eliminate or modify any state high-risk pool to the extent necessary to carry out the reinsurance program established under this section. (Sec. 1342) Requires the Secretary to establish and administer a program of risk corridors for calendar years 2014 through 2016 under which a qualified health plan offered in the individual or small group market shall participate in a payment adjusted system based on the ratio of the allowable costs of the plan to the plan's aggregate premiums. Directs the Secretary to make payments when a plan's allowable costs exceed the target amount by a certain percentage and directs a plan to make payments to the Secretary when its allowable costs are less than target amount by a certain percentage. (Sec. 1343) Requires each state to assess a charge on health plans and health insurance issuers if the actuarial risk of the enrollees of such plans or coverage for a year is less than the average actuarial risk of all enrollees in all plans or coverage in the state for the year. Requires each state to provide a payment to health plans and health insurance issuers if the actuarial risk of the enrollees of such plan or coverage for a year is greater than the average actuarial risk of all enrollees in all plans and coverage in the state for the year. Excludes self-insured group health plans from this section.Subtitle E: Affordable Coverage Choices for All Americans - Part I: Premium Tax Credits and Cost-sharing Reductions - Subpart A: Premium Tax Credits and Cost-sharing Reductions - (Sec. 1401, as modified by section 10105) Amends the Internal Revenue Code to allow individual taxpayers whose household income equals or exceeds 100%, but does not exceed 400%, of the federal poverty line (as determined in the Social Security Act [SSA]) a refundable tax credit for a percentage of the cost of premiums for coverage under a qualified health plan. Sets forth formulae and rules for the calculation of credit amounts based upon taxpayer household income as a percentage of the poverty line. Directs the Comptroller General, not later than five years after enactment of this Act, to conduct a study and report to specified congressional committees on the affordability of health insurance coverage. (Sec. 1402) Requires reductions in the maximum limits for out-of-pocket expenses for individuals enrolled in qualified health plans whose incomes are between 100% and 400% of the poverty line. Subpart B: Eligibility Determinations - (Sec. 1411) - Requires the Secretary to establish a program for verifying the eligibility of applicants for participation in a qualified health plan offered through an Exchange or for a tax credit for premium assistance based upon their income or their citizenship or immigration status. Requires an Exchange to submit information received from an applicant to the Secretary for verification of applicant eligibility. Provides for confidentiality of applicant information and for an appeals and redetermination process for denials of eligibility. Imposes civil penalties on applicants for providing false or fraudulent information relating to eligibility. Requires the Secretary to study and report to Congress by January 1, 2013, on procedures necessary to ensure the protection of privacy and due process rights in making eligibility and other determinations under this Act. (Sec. 1412) Requires the Secretary to establish a program for advance payments of the tax credit for premium assistance and for reductions of cost-sharing. Prohibits any federal payments, tax credit, or cost-sharing reductions for individuals who are not lawfully present in the United States. (Sec. 1413) Requires the Secretary to establish a system to enroll state residents who apply to an Exchange in state health subsidy programs, including Medicaid or the Children's Health Insurance Program (CHIP, formerly known as SCHIP), if such residents are found to be eligible for such programs after screening. (Sec. 1414) Requires the Secretary of the Treasury to disclose to HHS personnel certain taxpayer information to determine eligibility for programs under this Act or certain other social security programs. (Sec. 1415) Disregards the premium assistance tax credit and cost-sharing reductions in determining eligibility for federal and federally-assisted programs. (Sec. 1416, as added by section 10105) Directs the HHS Secretary to study and report to Congress by January 1, 2013, on the feasibility and implication of adjusting the application of the federal poverty level under this subtitle for different geographic areas in the United States, including its territories. Part II: Small Business Tax Credit - (Sec. 1421, as modified by section 10105) Allows qualified small employers to elect, beginning in 2010, a tax credit for 50% of their employee health care coverage expenses. Defines "qualified small employer" as an employer who has no more than 25 employees with average annual compensation levels not exceeding $50,000. Requires a phase-out of such credit based on employer size and employee compensation.Subtitle F: Shared Responsibility for Health Care - Part I: Individual Responsibility - (Sec. 1501, as modified by section 10106) Requires individuals to maintain minimal essential health care coverage beginning in 2014. Imposes a penalty for failure to maintain such coverage beginning in 2014, except for certain low-income individuals who cannot afford coverage, members of Indian tribes, and individuals who suffer hardship. Exempts from the coverage requirement individuals who object to health care coverage on religious grounds, individuals not lawfully present in the United States, and individuals who are incarcerated. (Sec. 1502) Requires providers of minimum essential coverage to file informational returns providing identifying information of covered individuals and the dates of coverage. Requires the IRS to send a notice to taxpayers who are not enrolled in minimum essential coverage about services available through the Exchange operating in their state. Part II: Employer Responsibilities - (Sec. 1511) Amends the Fair Labor Standards Act of 1938 to: (1) require employers with more than 200 full-time employees to automatically enroll new employees in a health care plan and provide notice of the opportunity to opt-out of such coverage; and (2) provide notice to employees about an Exchange, the availability of a tax credit for premium assistance, and the loss of an employer's contribution to an employer-provided health benefit plan if the employee purchases a plan through an Exchange. (Sec. 1513, as modified by section 10106) Imposes fines on large employers (employers with more than 50 full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential coverage or who have a waiting period for enrollment of more than 60 days. Requires the Secretary of Labor to study and report to Congress on whether employees' wages are reduced due to fines imposed on employers. (Sec. 1514, as modified by section 10106) Requires large employers to file a report with the Secretary of the Treasury on health insurance coverage provided to their full-time employees. Requires such reports to contain: (1) a certification as to whether such employers provide their full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan; (2) the length of any waiting period for such coverage; (3) the months during which such coverage was available; (4) the monthly premium for the lowest cost option in each of the enrollment categories under the plan; (5) the employer's share of the total allowed costs of benefits provided under the plan; and (6) identifying information about the employer and full-time employees. Imposes a penalty on employers who fail to provide such report. Authorizes the Secretary of the Treasury to review the accuracy of information provided by large employers. (Sec. 1515) Allows certain small employers to include as a benefit in a tax-exempt cafeteria plan a qualified health plan offered through an Exchange. Subtitle G: Miscellaneous Provisions - (Sec. 1551) Applies the definitions under the Public Health Service Act related to health insurance coverage to this title. (Sec. 1552) Requires the HHS Secretary to publish on the HHS website a list of all of the authorities provided to the Secretary under this Act. (Sec. 1553) Prohibits the federal government, any state or local government or health care provider that receives federal financial assistance under this Act, or any health plan created under this Act from discriminating against an individual or institutional health care entity on the basis that such individual or entity does not provide a health care item or service furnished for the purpose of causing, or assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing. (Sec. 1554) Prohibits the Secretary from promulgating any regulation that: (1) creates an unreasonable barrier to the ability of individuals to obtain appropriate medical care; (2) impedes timely access to health care services; (3) interferes with communications regarding a full range of treatment options between the patient and the health care provider; (4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions; (5) violates the principle of informed consent and the ethical standards of health care professionals; or (6) limits the availability of health care treatment for the full duration of a patient's medical needs. (Sec. 1555) Declares that no individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any federal health insurance program created by or expanded under this Act. Prohibits any penalty from being imposed upon any such issuer for choosing not to participate in any such program. (Sec. 1556) Amends the Black Lung Benefits Act, with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, to eliminate exceptions to: (1) the applicability of certain provisions regarding rebuttable presumptions; and (2) the prohibition against requiring eligible survivors of a miner determined to be eligible for black lung benefits to file a new claim or to refile or otherwise revalidate the miner's claim. (Sec. 1557) Prohibits discrimination by any federal health program or activity on the grounds of race, color, national origin, sex, age, or disability. (Sec. 1558) Amends the Fair Labor Standards Act of 1938 to prohibit an employer from discharging or discriminating against any employee because the employee: (1) has received a health insurance credit or subsidy; (2) provides information relating to any violation of any provision of such Act; or (3) objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believed to be in violation of such Act. (Sec. 1559) Gives the HHS Inspector General oversight authority with respect to the administration and implementation of this title. (Sec. 1560) Declares that nothing in this title shall be construed to modify, impair, or supersede the operation of any antitrust laws. (Sec. 1561) Amends the Public Health Service Act to require the Secretary to: (1) develop interoperable and secure standards and protocols that facilitate enrollment of individuals in federal and state health and human services programs; and (2) award grants to develop and adapt technology systems to implement such standards and protocols. (Sec. 1562, as added by Sec. 10107) Directs the Comptroller General to study denials by health plans of coverage for medical services and of applications to enroll in health insurance. (Sec. 1563, as added by Sec. 10107) Disallows the waiver of laws or regulations establishing procurement requirements relating to small business concerns with respect to any contract awarded under any program or other authority under this Act. (Sec. 1563 [sic], as modified by Sec. 10107) Makes technical and conforming amendments. (Sec. 1563 [sic]) Expresses the sense of the Senate that: (1) the additional surplus in the Social Security trust fund generated by this Act should be reserved for Social Security; and (2) the net savings generated by the CLASS program (established under Title VIII of this Act) should be reserved for such program.Title II: Role of Public Programs - Subtitle A: Improved Access to Medicaid - (Sec. 2001, as modified by Sec. 10201) Amends title XIX (Medicaid) of the SSA to extend Medicaid coverage, beginning in calendar 2014, to individuals under age 65 who are not entitled to or enrolled in Medicare and have incomes at or below 133% of the federal poverty line. Grants a state the option to expand Medicaid eligibility to such individuals as early as April 1, 2010. Provides that, for between 2014 and 2016, the federal government will pay 100% of the cost of covering newly-eligible individuals. Increases the federal medical assistance percentage (FMAP): (1) with respect to newly eligible individuals; and (2) between January 1, 2014, and December 31, 2016, for states meeting certain eligibility requirements. Requires Medicaid benchmark benefits to include coverage of prescription drugs and mental health services. Grants states the option to extend Medicaid coverage to individuals who have incomes that exceed 133% of the federal poverty line beginning January 1, 2014. (Sec. 2002) Requires a state to use an individual's or household's modified gross income to determine income eligibility for Medicaid for non-elderly individuals, without applying any income or expense disregards or assets or resources test. Exempts from this requirement: (1) individuals eligible for Medicaid through another program; (2) the elderly or Social Security Disability Insurance (SSDI) program beneficiaries; (3) the medically needy; (4) enrollees in a Medicare Savings Program; and (5) the disabled. (Sec. 2003) Revises state authority to offer a premium assistance subsidy for qualified employer-sponsored coverage to children under age 19 to extend such a subsidy to all individuals, regardless of age. Prohibits a state from requiring, as a condition of Medicaid eligibility, that an individual (or the individual's parent) apply for enrollment in qualified employer-sponsored coverage. (Sec. 2004, as modified by Sec. 10201) Extends Medicaid coverage to former foster care children who are under 26 years of age. (Sec. 2005, as modified by Sec. 10201) Revises requirements for Medicaid payments to territories, including an increase in the limits on payments for FY2011 and thereafter. (Sec. 2006, as modified by Sec. 10201) Prescribes an adjustment to the FMAP determination for certain states recovering from a major disaster. (Sec. 2007) Rescinds any unobligated amounts available to the Medicaid Improvement Fund for FY2014-FY2018. Subtitle B: Enhanced Support for the Children's Health Insurance Program - (Sec. 2101, as modified by Sec. 10201) Amends SSA title XXI (State Children's Health Insurance Program) (CHIP, formerly known as SCHIP) to increase the FY2016-FY2019 enhanced FMAP for states, subject to a 100% cap. Prohibits states from applying, before the end of FY2019, CHIP eligibility standards that are more restrictive than those under this Act. Deems ineligible for CHIP any targeted low-income children who cannot enroll in CHIP because allotments are capped, but who are therefore eligible for tax credits in the Exchanges. Requires the Secretary to: (1) review benefits offered for children, and related cost-sharing imposed, by qualified health plans offered through an Exchange; and (2) certify those plans whose benefits and cost-sharing are at least comparable to those provided under the particular state's CHIP plan. Prohibits enrollment bonus payments for children enrolled in CHIP after FY2013. Requires a state CHIP plan, beginning January 1, 2014, to use modified gross income and household income to determine CHIP eligibility. Requires a state to treat as a targeted low-income child eligible for CHIP any child determined ineligible for Medicaid as a result of the elimination of an income disregard based on expense or type of income. (Sec. 2102) Makes technical corrections to the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Subtitle C: Medicaid and CHIP Enrollment Simplification - (Sec. 2201) Amends SSA title XIX (Medicaid) to require enrollment application simplification and coordination with state health insurance Exchanges and CHIP via state-run websites. (Sec. 2202) Permits hospitals to provide Medicaid services during a period of presumptive eligibility to members of all Medicaid eligibility categories. Subtitle D: Improvements to Medicaid Services - (Sec. 2301) Requires Medicaid coverage of: (1) freestanding birth center services; and (2) concurrent care for children receiving hospice care. (Sec. 2303) Gives states the option of extending Medicaid coverage to family planning services and supplies under a presumptive eligibility period for a categorically needy group of individuals. Subtitle E: New Options for States to Provide Long-Term Services and Supports - (Sec. 2401) Authorizes states to offer home and community-based attendant services and supports to Medicaid beneficiaries with disabilities who would otherwise require care in a hospital, nursing facility, intermediate care facility for the mentally retarded, or an institution for mental diseases. (Sec. 2402) Gives states the option of: (1) providing home and community-based services to individuals eligible for services under a waiver; and (2) offering home and community-based services to specific, targeted populations Creates an optional eligibility category to provide full Medicaid benefits to individuals receiving home and community-based services under a state plan amendment. (Sec. 2403) Amends the Deficit Reduction Act of 2005 to: (1) extend through FY2016 the Money Follows the Person Rebalancing Demonstration; and (2) reduce to 90 days the institutional residency period. (Sec. 2404) Applies Medicaid eligibility criteria to recipients of home and community-based services, during calendar 2014 through 2019, in such a way as to protect against spousal impoverishment. (Sec. 2405) Makes appropriations for FY2010-FY2014 to the Secretary, acting through the Assistant Secretary for Aging, to expand state aging and disability resource centers. (Sec. 2406) Expresses the sense of the Senate that: (1) during the 111th session of Congress, Congress should address long-term services and supports in a comprehensive way that guarantees elderly and disabled individuals the care they need; and (2) long-term services and supports should be made available in the community in addition to institutions. Subtitle F: Medicaid Prescription Drug Coverage - (Sec. 2501) Amends SSA title XIX (Medicaid) to: (1) increase the minimum rebate percentage for single source drugs and innovator multiple source drugs; (2) increase the rebate for other drugs; (3) require contracts with Medicaid managed care organizations to extend prescription drug rebates (discounts) to their enrollees; (4) provide an additional rebate for new formulations of existing drugs; and (5) set a maximum rebate amount. (Sec. 2502) Eliminates the exclusion from Medicaid coverage of, thereby extending coverage to, certain drugs used to promote smoking cessation, as well as barbiturates and benzodiazepines. (Sec. 2503) Revises requirements with respect to pharmacy reimbursements. Subtitle G: Medicaid Disproportionate Share Hospital (DSH) Payments - (Sec. 2551, as modified by Sec. 10201) Reduces state disproportionate share hospital (DSH) allotments, except for Hawaii, by 50% or 35% once a state's uninsurance rate decreases by 45%, depending on whether they have spent at least or more than 99.9% of their allotments on average during FY2004-FY2008. Requires a reduction of only 25% or 17.5% for low DSH states, depending on whether they have spent at least or more than 99.9% of their allotments on average during FY2004-FY2008. Prescribes allotment reduction requirements for subsequent fiscal years. Revises DSH allotments for Hawaii for the last three quarters of FY2012 and for FY2013 and succeeding fiscal years. Subtitle H: Improved Coordination for Dual Eligible Beneficiaries - (Sec. 2601) Declares that any Medicaid waiver for individuals dually eligible for both Medicaid and Medicare may be conducted for a period of five years, with a five-year extension, upon state request, unless the Secretary determines otherwise for specified reasons. (Sec. 2602) Directs the Secretary to establish a Federal Coordinated Health Care Office to bring together officers and employees of the Medicare and Medicaid programs at the Centers for Medicare and Medicaid Services (CMS) to: (1) integrate Medicaid and Medicare benefits more effectively; and (2) improve the coordination between the federal government and states for dual eligible individuals to ensure that they get full access to the items and services to which they are entitled. Subtitle I: Improving the Quality of Medicaid for Patients and Providers - (Sec. 2701) Amends SSA title XI, as modified by CHIPRA, to direct the Secretary to: (1) identify and publish a recommended core set of adult health quality measures for Medicaid eligible adults; and (2) establish a Medicaid Quality Measurement Program. (Sec. 2702) Requires the Secretary to identify current state practices that prohibit payment for health care-acquired conditions and to incorporate them, or elements of them, which are appropriate for application in regulations to the Medicaid program. Requires such regulations to prohibit payments to states for any amounts expended for providing medical assistance for specified health care-acquired conditions. (Sec. 2703) Gives states the option to provide coordinated care through a health home for individuals with chronic conditions. Authorizes the Secretary to award planning grants to states to develop a state plan amendment to that effect. (Sec. 2704) Directs the Secretary to establish a demonstration project to evaluate the use of bundled payments for the provision of integrated care for a Medicaid beneficiary: (1) with respect to an episode of care that includes a hospitalization; and (2) for concurrent physicians services provided during a hospitalization. (Sec. 2705) Requires the Secretary to establish a Medicaid Global Payment System Demonstration Project under which a participating state shall adjust payments made to an eligible safety net hospital or network from a fee-for-service payment structure to a global capitated payment model. Authorizes appropriations. (Sec. 2706) Directs the Secretary to establish the Pediatric Accountable Care Organization Demonstration Project to authorize a participating state to allow pediatric medical providers meeting specified requirements to be recognized as an accountable care organization for the purpose of receiving specified incentive payments. Authorizes appropriations. (Sec. 2707) Requires the Secretary to establish a three-year Medicaid emergency psychiatric demonstration project. Makes appropriations for FY2011. Subtitle J: Improvements to the Medicaid and CHIP Payment and Access Commission (MACPAC) - (Sec. 2801) Revises requirements with respect to the Medicaid and CHIP Payment and Access Commission (MACPAC) and the Medicare Payment Advisory Commission (MEDPAC), including those for MACPAC membership, topics to be reviewed, and MEDPAC review of Medicaid trends in spending, utilization, and financial performance. Requires MACPAC and MEDPAC to consult with one another on related issues. Makes appropriations to MACPAC for FY2010. Subtitle K: Protections for American Indians and Alaska Natives - (Sec. 2901) Sets forth special rules relating to Indians.Declares that health programs operated by the Indian Health Service (IHS), Indian tribes, tribal organizations, and Urban Indian organizations shall be the payer of last resort for services they provide to eligible individuals. Makes such organizations Express Lane agencies for determining Medicaid and CHIP eligibility. (Sec. 2902) Makes permanent the requirement that the Secretary reimburse certain Indian hospitals and clinics for all Medicare part B services. Subtitle L: Maternal and Child Health Services - (Sec. 2951) Amends SSA title V (Maternal and Child Health Services) to direct the Secretary to make grants to eligible entities for early childhood home visitation programs. Makes appropriations for FY2010-FY2014. (Sec. 2952) Encourages the Secretary to continue activities on postpartum depression or postpartum psychosis, including research to expand the understanding of their causes and treatment. Authorizes the Secretary to make grants to eligible entities for projects to establish, operate, and coordinate effective and cost-efficient systems for the delivery of essential services to individuals with or at risk for postpartum conditions and their families. Authorizes appropriations for FY2010-FY2012. (Sec. 2953, as modified by Sec. 10201) Directs the Secretary to allot funds to states to award grants to local organizations and other specified entities to carry out personal responsibility education programs to educate adolescents on both abstinence and contraception for the prevention of pregnancy and sexually transmitted infections, as well as on certain adulthood preparation subjects. Makes appropriations for FY2010-FY2014. (Sec. 2954) Makes appropriations for FY2010-FY2014 for abstinence education. (Sec. 2955) Requires the case review system for children aging out of foster care and independent living programs to include information about the importance of having a health care power of attorney in transition planning. Title III: Improving the Quality and Efficiency of Health Care - Subtitle A: Transforming the Health Care Delivery System - Part I: Linking Payment to Quality Outcomes under the Medicare Program - (Sec. 3001) Amends SSA title XVIII (Medicare) to direct the Secretary to establish a hospital value-based purchasing program under which value-based incentive payments are made in a fiscal year to hospitals that meet specified performance standards for a certain performance period. Directs the Secretary to establish value-based purchasing demonstration programs for: (1) inpatient critical access hospital services; and (2) hospitals excluded from the program because of insufficient numbers of measures and cases. (Sec. 3002) Extends through 2013 the authority for incentive payments under the physician quality reporting system. Prescribes an incentive (penalty) for providers who do not report quality measures satisfactorily, beginning in 2015. Requires the Secretary to integrate reporting on quality measures with reporting requirements for the meaningful use of electronic health records. (Sec. 3003) Requires specified new types of reports and data analysis under the physician feedback program. (Sec. 3004) Requires long-term care hospitals, inpatient rehabilitation hospitals, and hospices, starting in rate year 2014, to submit data on specified quality measures. Requires reduction of the annual update of entities which do not comply. (Sec. 3005) Directs the Secretary, starting FY2014, to establish quality reporting programs for inpatient cancer hospitals exempt from the prospective payment system. (Sec. 3006, as modified by Sec. 10301) Directs the Secretary to develop a plan to implement value-based purchasing programs for Medicare payments for skilled nursing facilities (SNFs), home health agencies, and ambulatory surgical centers. (Sec. 3007) Directs the Secretary to establish a value-based payment modifier, under the physician fee schedule, based upon the quality of care furnished compared to cost. (Sec. 3008) Subjects hospitals to a penalty adjustment to hospital payments for high rates of hospital acquired conditions. Part II: National Strategy to Improve Health Care Quality - (Sec. 3011, as modified by Sec. 10302) Amends the Public Health Service Act to direct the Secretary, through a transparent collaborative process, to establish a National Strategy for Quality Improvement in health care services, patient health outcomes, and population health, taking into consideration certain limitations on the use of comparative effectiveness data. (Sec. 3012) Directs the President to convene an Interagency Working Group on Health Care Quality. (Sec. 3013, as modified by Sec. 10303) Directs the Secretary, at least triennially, to identify gaps where no quality measures exist as well as existing quality measures that need improvement, updating, or expansion, consistent with the national strategy for use in federal health programs. Directs the Secretary to award grants, contracts, or intergovernmental agreements to eligible entities for purposes of developing, improving, updating, or expanding such quality measures. Requires the Secretary to develop and update periodically provider-level outcome measures for hospitals and physicians, as well as other appropriate providers. (Sec. 3014, as modified by Sec. 10304) Requires the convening of multi-stakeholder groups to provide input into the selection of quality and efficiency measures. (Sec. 3015, as modified by Sec. 10305) Directs the Secretary to: (1) establish an overall strategic framework to carry out the public reporting of performance information; and (2) collect and aggregate consistent data on quality and resource use measures from information systems used to support health care delivery. Authorizes the Secretary to award grants for such purpose. Directs the Secretary to make available to the public, through standardized Internet websites, performance information summarizing data on quality measures. Part III: Encouraging Development of New Patient Care Models - (Sec. 3021, as modified by Sec. 10306) Creates within CMS a Center for Medicare and Medicaid Innovation to test innovative payment and service delivery models to reduce program expenditures while preserving or enhancing the quality of care furnished to individuals. Makes appropriations for FY2010-FY2019. (Sec. 3022, as modified by Sec. 10307) Directs the Secretary to establish a shared savings program that: (1) promotes accountability for a patient population; (2) coordinates items and services under Medicare parts A and B; and (3) encourages investment in infrastructure and redesigned care processes for high quality and efficient service delivery. (Sec. 3023, as modified by Sec. 10308) Directs the Secretary to establish a pilot program for integrated care (involving payment bundling) during an episode of care provided to an applicable beneficiary around a hospitalization in order to improve the coordination, quality, and efficiency of health care services. (Sec. 3024) Directs the Secretary to conduct a demonstration program to test a payment incentive and service delivery model that utilizes physician and nurse practitioner directed home-based primary care teams designed to reduce expenditures and improve health outcomes in the provision of items and services to applicable beneficiaries. (Sec. 3025, as modified by Sec. 10309) Requires the Secretary to establish a hospital readmissions reduction program involving certain payment adjustments, effective for discharges on or after October 1, 2012, for certain potentially preventable Medicare inpatient hospital readmissions. Directs the Secretary to make available a program for hospitals with a high severity adjusted readmission rate to improve their readmission rates through the use of patient safety organizations. (Sec. 3026) Directs the Secretary to establish a Community-Based Care Transitions Program which provides funding to eligible entities that furnish improved care transitions services to high-risk Medicare beneficiaries. (Sec. 3027) Amends the Deficit Reduction Act of 2005 to extend certain Gainsharing Demonstration Projects through FY2011. Subtitle B: Improving Medicare for Patients and Providers - Part 1: Ensuring Beneficiary Access to Physician Care and Other Services - (Sec. 3101, deleted by section 10310) (Sec. 3102) Extends through calendar 2010 the floor on geographic indexing adjustments to the work portion of the physician fee schedule. Revises requirements for calculation of the practice expense portion of the geographic adjustment factor applied in a fee schedule area for services furnished in 2010 or 2011. Directs the Secretary to analyze current methods of establishing practice expense geographic adjustments and make appropriate further adjustments (a new methodology) to such adjustments for 2010 and subsequent years. (Sec. 3103) Extends the process allowing exceptions to limitations on medically necessary therapy caps through December 31, 2010. (Sec. 3104) Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to extend until January 1, 2010, an exception to a payment rule that permits laboratories to receive direct Medicare reimbursement when providing the technical component of certain physician pathology services that had been outsourced by certain (rural) hospitals. (Sec. 3105, as modified by Sec. 10311) Amends SSA title XVIII (Medicare) to extend the bonus and increased payments for ground ambulance services until January 1, 2011. Amends the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) to extend the payment of certain urban air ambulance services until January 1, 2011. (Sec. 3106, as modified by Sec. 10312) Amends the Medicare, Medicaid, and SCHIP Extension Act of 2007, as modified by the American Recovery and Reinvestment Act, to extend for two years: (1) certain payment rules for long-term care hospital services; and (2) a certain moratorium on the establishment of certain hospitals and facilities. (Sec. 3107) Amends MIPPA to extend the physician fee schedule mental health add-on payment provision through December 31, 2010. (Sec. 3108) Allows a physician assistant who does not have an employment relationship with a SNF, but who is working in collaboration with a physician, to certify the need for post-hospital extended care services for Medicare payment purposes. (Sec. 3109) Amends title XVIII, as modified by MIPPA, to exempt certain pharmacies from accreditation requirements until the Secretary develops pharmacy-specific standards. (Sec. 3110) Creates a special part B enrollment period for military retirees, their spouses (including widows/ widowers), and dependent children, who are otherwise eligible for TRICARE (the health care plan under the Department of Defense [DOD]) and entitled to Medicare part A (Hospital Insurance) based on disability or end stage renal disease, but who have declined Medicare part B (Supplementary Medical Insurance). (Sec. 3111) Sets payments for dual-energy x-ray absorptiometry services in 2010 and 2011 at 70% of the 2006 reimbursement rates. Directs the Secretary to arrange with the Institute of Medicine of the National Academies to study and report to the Secretary and Congress on the ramifications of Medicare reimbursement reductions for such services on beneficiary access to bone mass measurement benefits. (Sec. 3112) Eliminates funding in the Medicare Improvement Fund FY2014. (Sec. 3113) Directs the Secretary to conduct a demonstration project under Medicare part B of separate payments for complex diagnostic laboratory tests provided to individuals. (Sec. 3114) Increases from 65% to 100% of the fee schedule amount provided for the same service performed by a physician the fee schedule for certified-midwife services provided on or after January 1, 2011. Part II: Rural Protections - (Sec. 3121) Extends through 2010 hold harmless provisions under the prospective payment system for hospital outpatient department services.Removes the 100-bed limitation for sole community hospitals so all such hospitals receive an 85% increase in the payment difference in 2010. (Sec. 3122) Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, as modified by other federal law, to extend from July 1, 2010, until July 1, 2011, the reasonable cost reimbursement for clinical diagnostic laboratory service for qualifying rural hospitals with under 50 beds. (Sec. 3123, as modified by Sec. 10313) Extends the Rural Community Hospital Demonstration Program for five additional years. Expands the maximum number of participating hospitals to 30, and to 20 the number of demonstration states with low population densities. (Sec. 3124) Extends the Medicare-dependent Hospital Program through FY2012. (Sec. 3125, as modified by Sec. 10314) Modifies the Medicare inpatient hospital payment adjustment for low-volume hospitals for FY2011-FY2012. (Sec. 3126) Revises requirements for the Demonstration Project on Community Health Integration Models in Certain Rural Counties to allow additional counties as well as physicians to participate. (Sec. 3127) Directs MEDPAC to study and report to Congress on the adequacy of payments for items and services furnished by service providers and suppliers in rural areas under the Medicare program. (Sec. 3128) Allows a critical access hospital to continue to be eligible to receive 101% of reasonable costs for providing: (1) outpatient care regardless of the eligible billing method such hospital uses; and (2) qualifying ambulance services. (Sec. 3129) Extends through FY2012 FLEX grants under the Medicare Rural Hospital Flexibility Program. Allows the use of grant funding to assist small rural hospitals to participate in delivery system reforms. Part III: Improving Payment Accuracy - (Sec. 3131, as modified by Sec. 10315) Requires the Secretary, starting in 2014, to rebase home health payments by an appropriate percentage, among other things, to reflect the number, mix, and level of intensity of home health services in an episode, and the average cost of providing care. Directs the Secretary to study and report to Congress on home health agency costs involved with providing ongoing access to care to low-income Medicare beneficiaries or beneficiaries in medically underserved areas, and in treating beneficiaries with varying levels of severity of illness. Authorizes a Medicare demonstration project based on the study results. (Sec. 3132) Requires the Secretary, by January 1, 2011, to begin collecting additional data and information needed to revise payments for hospice care. Directs the Secretary, not earlier than October 1, 2013, to implement, by regulation, budget neutral revisions to the methodology for determining hospice payments for routine home care and other services, which may include per diem payments reflecting changes in resource intensity in providing such care and services during the course of an entire episode of hospice care. Requires the Secretary to impose new requirements on hospice providers participating in Medicare, including requirements for: (1) a hospice physician or nurse practitioner to have a face-to-face encounter with the individual regarding eligibility and recertification; and (2) a medical review of any stays exceeding 180 days, where the number of such cases exceeds a specified percentage of them for all hospice programs. (Sec. 3133, as modified by Sec. 10316) Specifies reductions to Medicare DSH payments for FY2015 and ensuing fiscal years, especially to subsection (d) hospitals, to reflect lower uncompensated care costs relative to increases in the number of insured.(Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) (Sec. 3134) Directs the Secretary periodically to identify physician services as being potentially misvalued and make appropriate adjustments to the relative values of such services under the Medicare physician fee schedule. (Sec. 3135) Increases the presumed utilization rate for calculating the payment for advanced imaging equipment other than low-tech imaging such as ultrasound, x-rays and EKGs. Increases the technical component payment "discount" for sequential imaging services on contiguous body parts during the same visit. (Sec. 3136) Restricts the lump-sum payment option for new or replacement chairs to the complex, rehabilitative power-driven wheelchairs only. Eliminates the lump-sum payment option for all other power-driven wheelchairs. Makes the rental payment for power-driven wheelchairs 15% of the purchase price for each of the first three months (instead of 10%), and 6% of the purchase price for each of the remaining 10 months of the rental period (instead of 7.5%). (Sec. 3137, as modified by Sec. 10317) Amends the Tax Relief and Health Care Act of 2006, as modified by other federal law, to extend "Section 508" hospital reclassifications until September 30, 2010, with a special rule for FY2010. ("Section 508" refers to Section 508 of the Medicare Modernization Act of 2003, which allows the temporary reclassification of a hospital with a low Medicare area wage index, for reimbursement purposes, to a nearby location with a higher Medicare area wage index, so that the "Section 508 hospital" will receive the higher Medicare reimbursement rate.) Directs the Secretary to report to Congress a plan to reform the hospital wage index system. (Sec. 3138) Requires the Secretary to determine if the outpatient costs incurred by inpatient prospective payment system-exempt cancer hospitals, including those for drugs and biologicals, with respect to Medicare ambulatory payment classification groups, exceed those costs incurred by other hospitals reimbursed under the outpatient prospective payment system (OPPS). Requires the Secretary, if this is so, to provide for an appropriate OPPS adjustment to reflect such higher costs for services furnished on or after January 1, 2011. (Sec. 3139) Allows a biosimilar biological product to be reimbursed at 6% of the average sales price of the brand biological product. (Sec. 3140) Directs the Secretary to establish a Medicare Hospice Concurrent Care demonstration program under which Medicare beneficiaries are furnished, during the same period, hospice care and any other Medicare items or services from Medicare funds otherwise paid to such hospice programs. (Sec. 3141) Requires application of the budget neutrality requirement associated with the effect of the imputed rural floor on the area wage index under the Balanced Budget Act of 1997 through a uniform national, instead of state-by-state, adjustment to the area hospital wage index floor. (Sec. 3142) Directs the Secretary to study and report to Congress on the need for an additional payment for urban Medicare-dependent hospitals for inpatient hospital services under Medicare. (Sec. 3143) Declares that nothing in this Act shall result in the reduction of guaranteed home health benefits under the Medicare program. Subtitle C: Provisions Relating to Part C - (Sec. 3201, as modified by Sec. 10318) Bases the MedicareAdvantage (MA) benchmark on the average of the bids from MA plans in each market. Revises the formula for calculating the annual Medicare+Choice capitation rate to reduce the national MA per capita Medicare+Choice growth percentage used to increase benchmarks in 2011. Increases the monthly MA plan rebates from 75% to 100% of the average per capita savings. Requires that bid information which MA plans are required to submit to the Secretary be certified by a member of the American Academy of Actuaries and meet actuarial guidelines and rules established by the Secretary. Directs the Secretary, acting through the CMS Chief Actuary, to establish actuarial guidelines for the submission of bid information and bidding rules that are appropriate to ensure accurate bids and fair competition among MA plans. Directs the Secretary to: (1) establish new MA payment areas for urban areas based on the Core Based Statistical Area; and (2) make monthly care coordination and management performance bonus payments, quality performance bonus payments, and quality bonuses for new and low enrollment MA plans, to MA plans that meet certain criteria. Directs the Secretary to provide transitional rebates for the provision of extra benefits to enrollees. (Sec. 3202) Prohibits MA plans from charging beneficiaries cost sharing for chemotherapy administration services, renal dialysis services, or skilled nursing care that is greater than what is charged under the traditional fee-for-service program. Requires MA plans to apply the full amount of rebates, bonuses, and supplemental premiums according to the following order: (1) reduction of cost sharing, (2) coverage of preventive care and wellness benefits, and (3) other benefits not covered under the original Medicare fee-for-service program. (Sec. 3203) Requires the Secretary to analyze the differences in coding patterns between MA and the original Medicare fee-for-service programs. Authorizes the Secretary to incorporate the results of the analysis into risk scores for 2014 and subsequent years. (Sec. 3204) Allows beneficiaries to disenroll from an MA plan and return to the traditional Medicare fee-for-service program from January 1 to March 15 of each year. Revises requirements for annual beneficiary election periods. (Sec. 3205) Amends SSA title XVIII (Medicare), as modified by MIPPA, to extend special needs plan (SNP) authority through December 31, 2013. Authorizes the Secretary to establish a frailty payment adjustment under PACE payment rules for fully-integrated, dual-eligible SNPs. Extends authority through calendar 2012 for SNPs that do not have contracts with state Medicaid programs to continue to operate, but not to expand their service areas. Directs the Secretary to require an MA organization offering a specialized MA plan for special needs individuals to be approved by the National Committee for Quality Assurance. Requires the Secretary to use a risk score reflecting the known underlying risk profile and chronic health status of similar individuals, instead of the default risk score, for new enrollees in MA plans that are not specialized MA SNPs. (Sec. 3206) Extends through calendar 2012 the length of time reasonable cost plans may continue operating regardless of any other MA plans serving the area. (Sec. 3208) Creates a new type of MA plan called an MA Senior Housing Facility Plan, which would be allowed to limit its service area to a senior housing facility (continuing care retirement community) within a geographic area. (Sec. 3209) Declares that the Secretary is not required to accept any or every bid submitted by an MA plan or Medicare part D prescription drug plan that proposes to increase significantly any beneficiary cost sharing or decrease benefits offered. (Sec. 3210) Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to develop new standards for certain Medigap plans. Subtitle D: Medicare Part D Improvements for Prescription Drug Plans and MA-PD Plans - (Sec. 3301) Amends Medicare part D (Voluntary Prescription Drug Benefit Program) to establish conditions for the availability of coverage for part D drugs. Requires the manufacturer to participate in the Medicare coverage gap discount program. Directs the Secretary to establish such a program. (Sec. 3302) Excludes the MA rebate amounts and quality bonus payments from calculation of the regional low-income subsidy benchmark premium for MA monthly prescription drug beneficiaries. (Sec. 3303) Directs the Secretary to permit a prescription drug plan or an MA-PD plan to waive the monthly beneficiary premium for a subsidy eligible individual if the amount of such premium is de minimis. Provides that, if such premium is waived, the Secretary shall not reassign subsidy eligible individuals enrolled in the plan to other plans based on the fact that the monthly beneficiary premium under the plan was greater than the low-income benchmark premium amount. Authorizes the Secretary to auto-enroll subsidy eligible individuals in plans that waive de minimis premiums. (Sec. 3304) Sets forth a special rule for widows and widowers regarding eligibility for low-income assistance. Allows the surviving spouse of an eligible couple to delay redetermination of eligibility for one year after the death of a spouse. (Sec. 3305) Directs the Secretary, in the case of a subsidy eligible individual enrolled in one prescription drug plan but subsequently reassigned by the Secretary to a new prescription drug plan, to provide the individual with: (1) information on formulary differences between the individual's former plan and the new plan with respect to the individual's drug regimens; and (2) a description of the individual's right to request a coverage determination, exception, or reconsideration, bring an appeal, or resolve a grievance. (Sec. 3306) Amends MIPPA to provide additional funding for FY2010-FY2012 for outreach and education activities related to specified Medicare low-income assistance programs. (Sec. 3307) Authorizes the Secretary to identify classes of clinical concern through rulemaking, including anticonvulsants, antidepressants, antineoplastics, antipsychotics, antiretrovirals, and immunosuppressants for the treatment of transplant rejection. Requires prescription drug plan sponsors to include all drugs in these classes in their formularies. (Sec. 3308) Requires part D enrollees who exceed certain income thresholds to pay higher premiums. Revises the current authority of the IRS to disclose income information to the Social Security Administration for purposes of adjusting the part B subsidy. (Sec. 3309) Eliminates cost sharing for certain dual eligible individuals receiving care under a home and community-based waiver program who would otherwise require institutional care. (Sec. 3310) Directs the Secretary to require sponsors of prescription drug plans to utilize specific, uniform techniques for dispensing covered part D drugs to enrollees who reside in an long-term care facility in order to reduce waste associated with 30-day refills. (Sec. 3311) Directs the Secretary to develop and maintain an easy to use complaint system to collect and maintain information on MA-PD plan and prescription drug complaints received by the Secretary until the complaint is resolved. (Sec. 3312) Requires a prescription drug plan sponsor to: (1) use a single, uniform exceptions and appeals process for determination of a plan enrollee's prescription drug coverage; and (2) provide instant access to this process through a toll-free telephone number and an Internet website. (Sec. 3313) Requires the HHS Inspector General to study and report to Congress on the inclusion in formularies of: (1) drugs commonly used by dual eligibles; and (2) prescription drug prices under Medicare part D and Medicaid. (Sec. 3314) Allows the costs incurred by AIDS drug assistance programs and by IHS in providing prescription drugs to count toward the annual out-of-pocket threshold. (Sec. 3315) Increases by $500 the 2010 standard initial coverage limit (thus decreasing the time that a part D enrollee would be in the coverage gap). Subtitle E: Ensuring Medicare Sustainability - (Sec. 3401, as modified by Sec. 10319 and Sec. 10322) Revises certain market basket updates and incorporates a full productivity adjustment into any updates that do not already incorporate such adjustments, including inpatient hospitals, home health providers, nursing homes, hospice providers, inpatient psychiatric facilities, long-term care hospitals, inpatient rehabilitation facilities, and Part B providers. Establishes a quality measure reporting program for psychiatric hospitals beginning in FY2014. (Sec. 3402) Revises requirements for reduction of the Medicare part B premium subsidy based on income. Maintains the current 2010 income thresholds for the period of 2011 through 2019. (Sec. 3403, as modified by Sec. 10320) Establishes an Independent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending to the President for Congress to consider. Establishes a consumer advisory council to advise the Board on the impact of payment policies under this title on consumers. Subtitle F: Health Care Quality Improvements - (Sec. 3501) Amends the Public Health Service Act to direct the Center for Quality Improvement and Patient Safety of the Agency for Healthcare Research and Quality (AHRQ) to conduct or support activities for best practices in the delivery of health care services and support research on the development of tools to facilitate adoption of best practices that improve the quality, safety, and efficiency of health care delivery services. Authorizes appropriations for FY2010-FY2014. Requires the AHRQ Director, through the AHRQ Center for Quality Improvement and Patient Safety, to award grants or contracts to eligible entities to provide technical support or to implement models and practices identified in the research conducted by the Center. (Sec. 3502, as modified by Sec. 10321) Directs the Secretary to establish a program to provide grants to or enter into contracts with eligible entities to establish community-based interdisciplinary, interprofessional teams to support primary care practices, including obstetrics and gynecology practices, within the hospital service areas served by the eligible entities. (Sec. 3503) Directs the Secretary, acting through the Patient Safety Research Center, to establish a program to provide grants or contracts to eligible entities to implement medication management services provided by licensed pharmacists, as a collaborative multidisciplinary, inter-professional approach to the treatment of chronic diseases for targeted individuals, to improve the quality of care and reduce overall cost in the treatment of such disease. (Sec. 3504) Directs the Secretary, acting through the Assistant Secretary for Preparedness and Response, to award at least four multiyear contracts or competitive grants to eligible entities to support pilot projects that design, implement, and evaluate innovative models of regionalized, comprehensive, and accountable emergency care and trauma systems. Requires the Secretary to support federal programs administered by the National Institutes of Health (NIH), the AHRQ, the Health Resources and Services Administration (HRSA), the CMS, and other agencies involved in improving the emergency care system to expand and accelerate research in emergency medical care systems and emergency medicine. Directs the Secretary to support federal programs administered by the such agencies to coordinate and expand research in pediatric emergency medical care systems and pediatric emergency medicine. Authorizes appropriations for FY2010-FY2014. (Sec. 3505) Requires the Secretary to establish three programs to award grants to qualified public, nonprofit IHS, Indian tribal, and urban Indian trauma centers to: (1) assist in defraying substantial uncompensated care costs; (2) further the core missions of such trauma centers, including by addressing costs associated with patient stabilization and transfer; and (3) provide emergency relief to ensure the continued and future availability of trauma services. Authorizes appropriations for FY2010-FY2015. Directs the Secretary to provide funding to states to enable them to award grants to eligible entities for trauma services. Authorizes appropriations for FY2010-FY2015. (Sec. 3506) Directs the Secretary to: (1) establish a program to award grants or contracts to develop, update, and produce patient decision aids to assist health care providers and patients; (2) establish a program to provide for the phased-in development, implementation, and evaluation of shared decision making using patient decision aids to meet the objective of improving the understanding of patients of their medical treatment options; and (3) award grants for establishment and support of Shared Decisionmaking Resource Centers. Authorizes appropriations for FY2010 and subsequent fiscal years. (Sec. 3507) Requires the Secretary, acting through the Commissioner of Food and Drugs, to determine whether the addition of quantitative summaries of the benefits and risks of prescription drugs in a standardized format to the promotional labeling or print advertising of such drugs would improve heath care decisionmaking by clinicians and patients and consumers.(Sec. 3508) Authorizes the Secretary to award grants to eligible entities or consortia to carry out demonstration projects to develop and implement academic curricula that integrate quality improvement and patient safety in the clinical education of health professionals. (Sec. 3509) Establishes an Office on Women's Health within the Office of the Secretary, the Office of the Director of the Centers for Disease Control and Prevention (CDC), the Office of the AHRQ Director, the Office of the Administrator of HRSA, and the Office of the Commissioner of Food and Drugs. Authorizes appropriations for FY2010-FY2014 for all such Offices on Women's Health. (Sec. 3510) Extends from three years to four years the duration of a patient navigator grant. Prohibits the Secretary from awarding such a grant unless the recipient entity provides assurances that patient navigators recruited, assigned, trained, or employed using grant funds meet minimum core proficiencies tailored for the main focus or intervention of the navigator involved. Authorizes appropriations for FY2010-FY2015. (Sec. 3511) Authorizes appropriations to carry out this title, except where otherwise provided in the title. (Sec. 3512, as added by Sec. 10201) Directs the Comptroller General to study and report to Congress on whether the development, recognition, or implementation of any guideline or other standards under specified provisions of this Act would result in the establishment of a new cause of action or claim. Subtitle G: Protecting and Improving Guaranteed Medicare Benefits - (Sec. 3601) Provides that nothing in this Act shall result in a reduction of guaranteed benefits under the Medicare program. States that savings generated for the Medicare program under this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand guaranteed Medicare benefits and protect access to Medicare providers. (Sec. 3602) Declares that nothing in this Act shall result in the reduction or elimination of any benefits guaranteed by law to participants in MA plans. Title IV: Prevention of Chronic Disease and Improving Public Health - Subtitle A: Modernizing Disease Prevention and Public Health Systems - (Sec. 4001, as modified by Sec. 10401) Requires the President to: (1) establish the National Prevention, Health Promotion and Public Health Council; (2) establish the Advisory Group on Prevention, Health Promotion, and Integrative and Public Health; and (3) appoint the Surgeon General as Chairperson of the Council in order to develop a national prevention, health promotion, and public health strategy. Requires the Secretary and the Comptroller General to conduct periodic reviews and evaluations of every federal disease prevention and health promotion initiative, program, and agency. (Sec. 4002, as modified by Sec. 10401) Establishes a Prevention and Public Health Fund to provide for expanded and sustained national investment in prevention and public health programs to improve health and help restrain the rate of growth in private and public sector health care costs. Authorizes appropriations and appropriates money to such Fund. (Sec 4003) Requires (currently, allows) the Director of AHRQ to convene the Preventive Services Task Force to review scientific evidence related to the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services for the purpose of developing recommendations for the health care community. Requires the Director of CDC to convene an independent Community Preventive Services Task Force to review scientific evidence related to the effectiveness, appropriateness, and cost-effectiveness of community preventive interventions for the purpose of developing recommendations for individuals and organizations delivering populations-based services and other policy makers (Sec. 4004, as modified by Sec. 10401) Requires the Secretary to provide for the planning and implementation of a national public-private partnership for a prevention and health promotion outreach and education campaign to raise public awareness of health improvement across the life span. Requires the Secretary, acting through the Director of CDC, to: (1) establish and implement a national science-based media campaign on health promotion and disease prevention; and (2) enter into a contract for the development and operation of a federal website personalized prevention plan tool. Subtitle B: Increasing Access to Clinical Preventive Services - (Sec. 4101, as modified by Sec. 10402) Requires the Secretary to establish a program to award grants to eligible entities to support the operation of school-based health centers. (Sec. 4102) Requires the Secretary, acting through the Director of CDC, to carry out oral health activities, including: (1) establishing a national public education campaign that is focused on oral health care prevention and education; (2) awarding demonstration grants for research-based dental caries disease management activities; (3) awarding grants for the development of school-based dental sealant programs; and (4) entering into cooperative agreements with state, territorial, and Indian tribes or tribal organizations for oral health data collection and interpretation, a delivery system for oral health, and science-based programs to improve oral health. Requires the Secretary to: (1) update and improve the Pregnancy Risk Assessment Monitoring System as it relates to oral health care; (2) develop oral health care components for inclusion in the National Health and Nutrition Examination Survey; and (3) ensure that the Medical Expenditures Panel Survey by AHRQ includes the verification of dental utilization, expenditure, and coverage findings through conduct of a look-back analysis. (Sec. 4103, as modified by Sec. 10402) Amends SSA title XVIII (Medicare) to provide coverage of personalized prevention plan services, including a health risk assessment, for individuals. Prohibits cost-sharing for such services. (Sec. 4104, as modified by Sec. 10406) Eliminates cost-sharing for certain preventive services recommended by the United States Preventive Services Task Force. (Sec. 4105) Authorizes the Secretary to modify Medicare coverage of any preventive service consistent with the recommendations of such Task Force. (Sec. 4106) Amends SSA title XIX (Medicaid) to provide Medicaid coverage of preventive services and approved vaccines. Increases the FMAP for such services and vaccines. (Sec. 4107) Provides for Medicaid coverage of counseling and pharmacotherapy for cessation of tobacco use by pregnant women. (Sec. 4108) Requires the Secretary to award grants to states to carry out initiatives to provide incentives to Medicaid beneficiaries who participate in programs to lower health risk and demonstrate changes in health risk and outcomes. Subtitle C: Creating Healthier Communities - (Sec. 4201, as modified by Sec. 10403) Requires the Secretary, acting through the Director of CDC, to award grants to state and local governmental agencies and community-based organizations for the implementation, evaluation, and dissemination of evidence-based community preventive health activities in order to reduce chronic disease rates, prevent the development of secondary conditions, address health disparities, and develop a stronger evidence base of effective prevention programming. (Sec. 4202) Requires the Secretary, acting through the Director of CDC, to award grants to state or local health departments and Indian tribes to carry out pilot programs to provide public health community interventions, screenings, and clinical referrals for individuals who are between 55 and 64 years of age. Requires the Secretary to: (1) conduct an evaluation of community-based prevention and wellness programs and develop a plan for promoting healthy lifestyles and chronic disease self-management for Medicare beneficiaries; and (2) evaluate community prevention and wellness programs that have demonstrated potential to help Medicare beneficiaries reduce their risk of disease, disability, and injury by making healthy lifestyle choices. (Sec. 4203) Amends the Rehabilitation Act of 1973 to require the Architectural and Transportation Barriers Compliance Board to promulgate standards setting forth the minimum technical criteria for medical diagnostic equipment used in medical settings to ensure that such equipment is accessible to, and usable by, individuals with accessibility needs. (Sec. 4204) Authorizes the Secretary to negotiate and enter into contracts with vaccine manufacturers for the purchase and delivery of vaccines for adults. Allows a state to purchase additional quantities of adult vaccines from manufacturers at the applicable price negotiated by the Secretary. Requires the Secretary, acting through the Director of CDC, to establish a demonstration program to award grants to states to improve the provision of recommended immunizations for children and adults through the use of evidence-based, population-based interventions for high-risk populations. Reauthorizes appropriations for preventive health service programs to immunize children and adults against vaccine-preventable diseases without charge. Requires the Comptroller General to study the ability of Medicare beneficiaries who are 65 years or older to access routinely recommended vaccines covered under the prescription drug program since its establishment. (Sec. 4205) Amends the Federal Food, Drug, and Cosmetic Act to require the labeling of a food item offered for sale in a retail food establishment that is part of a chain with 20 or more locations under the same name to disclose on the menu and menu board: (1) the number of calories contained in the standard menu item; (2) the suggested daily caloric intake; and (3) the availability on the premises and upon request of specified additional nutrient information. Requires self-service facilities to place adjacent to each food offered a sign that lists calories per displayed food item or per serving. Requires vending machine operators who operate 20 or more vending machines to provide a sign disclosing the number of calories contained in each article of food. (Sec. 4206) Requires the Secretary to establish a pilot program to test the impact of providing at-risk populations who utilize community health centers an individualized wellness plan designed to reduce risk factors for preventable conditions as identified by a comprehensive risk-factor assessment. (Sec. 4207) Amends the Fair Labor Standards Act of 1938 to require employers to provide a reasonable break time and a suitable place, other than a bathroom, for an employee to express breast milk for her nursing child. Excludes an employer with fewer than 50 employees if such requirements would impose an undue hardship. Subtitle D: Support for Prevention and Public Health Innovation - (Sec. 4301) Requires the Secretary, acting through the Director of CDC, to provide funding for research in the area of public health services and systems. (Sec. 4302) Requires the Secretary to ensure that any federally conduced or supported health care or public health program, activity, or survey collects and reports specified demographic data regarding health disparities. Requires the Secretary, acting through the National Coordinator for Health Information Technology, to develop: (1) national standards for the management of data collected; and (2) interoperability and security systems for data management. (Sec. 4303, as modified by Sec. 10404) Requires the Director of CDC to: (1) provide employers with technical assistance, consultation, tools, and other resources in evaluating employer-based wellness programs; and (2) build evaluation capacity among workplace staff by training employers on how to evaluate such wellness programs and ensuring that evaluation resources, technical assistance, and consultation are available. Requires the Director of CDC to conduct a national worksite health policies and programs survey to assess employer-based health policies and programs. (Sec. 4304) Requires the Secretary, acting through the Director of CDC, to establish an Epidemiology and Laboratory Capacity Grant Program to award grants to assist public health agencies in improving surveillance for, and response to, infectious diseases and other conditions of public health importance. (Sec. 4305) Requires the Secretary to: (1) enter into an agreement with the Institute of Medicine to convene a Conference on Pain, the purposes of which shall include to increase the recognition of pain as a significant public health problem in the United States; and (2) establish the Interagency Pain Research Coordinating Committee. (Sec. 4306) Appropriates funds to carry out childhood obesity demonstration projects. Subtitle E: Miscellaneous Provisions - (Sec. 4402) Requires the Secretary to evaluate programs to determine whether existing federal health and wellness initiatives are effective in achieving their stated goals. Title V: Health Care Workforce - Subtitle A: Purpose and Definitions - (Sec. 5001) Declares that the purpose of this title is to improve access to and the delivery of health care services for all individuals, particularly low-income, underserved, uninsured, minority, health disparity, and rural populations. Subtitle B: Innovations in the Health Care Workforce - (Sec. 5101, as modified by Sec. 10501) Establishes a National Health Care Workforce Commission to: (1) review current and projected health care workforce supply and demand; and (2) make recommendations to Congress and the Administration concerning national health care workforce priorities, goals, and policies. (Sec. 5102) Establishes a health care workforce development grant program. (Sec. 5103) Requires the Secretary to establish the National Center for Health Care Workforce Analysis to provide for the development of information describing and analyzing the health care workforce and workforce related issues. Transfers the responsibilities and resources of the National Center for Health Workforce Analysis to the Center created under this section. (Sec. 5104, as added by Sec. 10501) Establishes the Interagency Access to Health Care in Alaska Task Force to: (1) assess access to health care for beneficiaries of federal health care systems in Alaska; and (2) develop a strategy to improve delivery to such beneficiaries. Subtitle C: Increasing the Supply of the Health Care Workforce - (Sec. 5201) Revises student loan repayment provisions related to the length of service requirement for the primary health care loan repayment program. (Sec. 5202) Increases maximum amount of loans made by schools of nursing to students. (Sec. 5203) Directs the Secretary to establish and carry out a pediatric specialty loan repayment program. (Sec. 5204) Requires the Secretary to establish the Public Health Workforce Loan Repayment Program to assure an adequate supply of public health professionals to eliminate critical public health workforce shortages in federal, state, local, and tribal public health agencies. (Sec. 5205) Amends the Higher Education Act of 1965 to expand student loan forgiveness to include allied health professionals employed in public health agencies. (Sec. 5206) Includes public health workforce loan repayment programs as permitted activities under a grant program to increase the number of individuals in the public health workforce. Authorizes the Secretary to provide for scholarships for mid-career professionals in the public health and allied health workforce to receive additional training in the field of public health and allied health. (Sec. 5207) Authorizes appropriations for the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program. (Sec. 5208) Requires the Secretary to award grants for the cost of the operation of nurse-managed health clinics. (Sec. 5209) Eliminates the cap on the number of commissioned officers in the Public Health Service Regular Corps. (Sec. 5210) Revises the Regular Corps and the Reserve Corps (renamed the Ready Reserve Corps) in the Public Health Service. Sets forth the uses of the Ready Reserve Corps. Subtitle D: Enhancing Health Care Workforce Education and Training - (Sec. 5301) Sets forth provisions providing for health care professional training programs. (Sec. 5302) Requires the Secretary to award grants for new training opportunities for direct care workers who are employed in long-term care settings. (Sec. 5303) Sets forth provisions providing for dentistry professional training programs. (Sec. 5304) Authorizes the Secretary to award grants for demonstration programs to establish training programs for alternative dental health care providers in order to increase access to dental health services in rural and other underserved communities. (Sec. 5305) Requires the Secretary to award grants or contracts to entities that operate a geriatric education center to offer short-term, intensive courses that focus on geriatrics, chronic care management, and long-term care. Expands geriatric faculty fellowship programs to make dentists eligible. Reauthorizes and revises the geriatric education programs to allow grant funds to be used for the establishment of traineeships for individuals who are preparing for advanced education nursing degrees in areas that specialize in the care of elderly populations. (Sec. 5306) Authorizes the Secretary to award grants to institutions of higher education to support the recruitment of students for, and education and clinical experience of the students in, social work programs, psychology programs, child and adolescent mental health, and training of paraprofessional child and adolescent mental health workers. (Sec. 5307) Authorizes the Secretary, acting through the Administrator of HRSA, to award grants, contracts, or cooperative agreements for the development, evaluation, and dissemination of research, demonstration projects, and model curricula for health professions training in cultural competency, prevention, public health proficiency, reducing health disparities, and working with individuals with disabilities. (Sec. 5308) Requires nurse-midwifery programs, in order to be eligible for advanced education nursing grants, to have as their objective the education of midwives and to be accredited by the American College of Nurse-Midwives Accreditation Commission for Midwifery Education. (Sec. 5309) Authorizes the Secretary to award grants or enter into contracts to enhance the nursing workforce by initiating and maintaining nurse retention programs. (Sec. 5310) Makes nurse faculty at an accredited school of nursing eligible for the nursing education loan repayment program. (Sec. 5311) Revises the nurse faculty loan repayment program, including to increase the amount of such loans. Authorizes the Secretary, acting through the Administrator of HRSA, to enter into an agreement for the repayment of education loans in exchange for service as a member of a faculty at an accredited school of nursing. (Sec. 5312) Authorizes appropriations for carrying out nursing workforce programs. (Sec. 5313, as modified by Sec. 10501) Requires the Director of CDC to award grants to eligible entities to promote positive health behaviors and outcomes for populations in medically underserved communities through the use of community health workers. (Sec. 5314) Authorizes the Secretary to carry out activities to address documented workforce shortages in state and local health departments in the critical areas of applied public health epidemiology and public health laboratory science and informatics. (Sec. 5315) Authorizes the establishment of the United States Public Health Sciences Track, which is authorized to award advanced degrees in public health, epidemiology, and emergency preparedness and response. Directs the Surgeon General to develop: (1) an integrated longitudinal plan for health professions continuing education; and (2) faculty development programs and curricula in decentralized venues of health care to balance urban, tertiary, and inpatient venues. (Sec. 5316, as added by Sec. 10501) Requires the Secretary to establish a training demonstration program for family nurse practitioners to employ and provide one-year training for nurse practitioners serving as primary care providers in federally qualified health centers or nurse-managed health centers. Subtitle E: Supporting the Existing Health Care Workforce - (Sec. 5401) Revises the allocation of funds to assist schools in supporting programs of excellence in health professions education for underrepresented minority individuals and schools designated as centers of excellence. (Sec. 5402, as modified by Sec. 10501) Makes schools offering physician assistant education programs eligible for loan repayment for health profession faculty. Increases the amount of loan repayment for such program. Authorizes appropriations for: (1) scholarships for disadvantaged students attending health professions or nursing schools; (2) loan repayment for health professions faculty; and (3) grants to health professions school to assist individuals from disadvantaged backgrounds. (Sec. 5403) Requires the Secretary to: (1) make awards for area health education center programs; and (2) provide for timely dissemination of research findings using relevant resources. (Sec. 5404) Makes revisions to the grant program to increase nursing education opportunities for individuals from disadvantaged backgrounds to include providing: (1) stipends for diploma or associate degree nurses to enter a bridge or degree completion program; (2) student scholarships or stipends for accelerated nursing degree programs; and (3) advanced education preparation. (Sec. 5405, as modified by Sec. 10501) Requires the Secretary, acting through the Director of AHRQ, to establish a Primary Care Extension Program to provide support and assistance to educate primary care providers about preventive medicine, health promotion, chronic disease management, mental and behavioral health services, and evidence-based and evidence-informed therapies and techniques. Requires the Secretary to award grants to states for the establishment of Primary Care Extension Program State Hubs to coordinate state health care functions with quality improvement organizations and area health education centers. Subtitle F: Strengthening Primary Care and Other Workforce Improvements - (Sec. 5501, as modified by Sec. 10501) Requires Medicare incentive payments to: (1) primary care practitioners providing primary care services on or after January 1, 2011, and before January 1, 2016; and (2) general surgeons performing major surgical procedures on or after January 1, 2011, and before January 1, 2016, in a health professional shortage area. (Sec. 5502, deleted by Sec. 10501) (Sec. 5503) Reallocates unused residency positions to qualifying hospitals for primary care residents for purposes of payments to hospitals for graduate medical education costs. (Sec. 5504) Revises provisions related to graduate medical education costs to count the time residents spend in nonprovider settings toward the full-time equivalency if the hospital incurs the costs of the stipends and fringe benefits of such residents during such time. (Sec. 5505, as modified by Sec. 10501) Includes toward the determination of full-time equivalency for graduate medical education costs time spent by an intern or resident in an approved medical residency training program in a nonprovider setting that is primarily engaged in furnishing patient care in nonpatient care activities. (Sec. 5506) Directs the Secretary, when a hospital with an approved medical residency program closes, to increase the resident limit for other hospitals based on proximity criteria. (Sec. 5507) Requires the Secretary to: (1) award grants for demonstration projects that are designed to provide certain low-income individuals with the opportunity to obtain education and training for health care occupations that pay well and that are expected to experience labor shortages or be in high demand; and (2) award grants to states to conduct demonstration projects for purposes of developing core training competencies and certification programs for personal or home care aides. Authorizes appropriations for FY2009-FY2012 for family-to-family health information centers. (Sec. 5508) Authorizes the Secretary to award grants to teaching health centers for the purpose of establishing new accredited or expanded primary care residency programs. Allows up to 50% of time spent teaching by a member of the National Health Service Corps to be considered clinical practice for purposes of fulfilling the service obligation. Requires the Secretary to make payments for direct and indirect expenses to qualified teaching health centers for expansion or establishment of approved graduate medical residency training programs. (Sec. 5509) Requires the Secretary to establish a graduate nurse education demonstration under which a hospital may receive payment for the hospital's reasonable costs for the provision of qualified clinical training to advance practice nurses. Subtitle G: Improving Access to Health Care Services - (Sec. 5601) Reauthorizes appropriations for health centers to serve medically underserved populations. (Sec. 5602) Requires the Secretary to establish through the negotiated rulemaking process a comprehensive methodology and criteria for designation of medically underserved populations and health professions shortage areas. (Sec. 5603) Reauthorizes appropriations for FY2010-FY2014 for the expansion and improvement of emergency medical services for children who need treatment for trauma or critical care. (Sec. 5604) Authorizes the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants and cooperative agreements for demonstration projects for the provision of coordinated and integrated services to special populations through the co-location of primary and specialty care services in community-based mental and behavioral health settings. (Sec. 5605) Establishes a Commission on Key National Indicators to: (1) conduct comprehensive oversight of a newly established key national indicators system; and (2) make recommendations on how to improve such system. Directs the National Academy of Sciences to enable the establishment of such system by creating its own institutional capability or by partnering with an independent private nonprofit organization to implement such system. Directs the Comptroller General to study previous work conducted by all public agencies, private organizations, or foreign countries with respect to best practices for such systems. (Sec. 5606, as added by Sec. 10501) Authorizes a state to award grants to health care providers who treat a high percentage of medically underserved populations or other special populations in the state. Subtitle H: General Provisions - (Sec. 5701) Requires the Secretary to submit to the appropriate congressional committees a report on activities carried out under this title and the effectiveness of such activities.Title VI: Transparency and Program Integrity - Subtitle A: Physician Ownership and Other Transparency - (Sec. 6001, as modified by Sec. 10601) Amends SSA title XVIII (Medicare) to prohibit physician-owned hospitals that do not have a provider agreement by August 1, 2010, to participate in Medicare. Allows their participation in Medicare under a rural provider and hospital exception to the ownership or investment prohibition if they meet certain requirements addressing conflict of interest, bona fide investments, patient safety issues, and expansion limitations.(Sec. 6002) Amends SSA title XI to require drug, device, biological and medical supply manufacturers to report to the Secretary transfers of value made to a physician, physician medical practice, a physician group practice, and/or teaching hospital, as well as information on any physician ownership or investment interest in the manufacturer. Provides penalties for noncompliance. Preempts duplicative state or local laws.(Sec. 6003) Amends SSA title XVIII (Medicare), with respect to the Medicare in-office ancillary exception to the prohibition against physician self-referrals, to require a referring physician to inform the patient in writing that the patient may obtain a specified imaging service from a person other than the referring physician, a physician who is a member of the same group practice as the referring physician, or an individual directly supervised by the physician or by another physician in the group practice. Requires the referring physician also to provide the patient with a written list of suppliers who furnish such services in the area in which the patient resides. (Sec. 6004) Amends SSA title XI to require prescription drug manufacturers and authorized distributors of record to report to the Secretary specified information pertaining to drug samples.(Sec. 6005) Amends SSA title XI to require a pharmacy benefit manager (PBM) or a health benefits plan that manages prescription drug coverage under a contract with a Medicare or Exchange health plan to report to the Secretary information regarding the generic dispensing rate, the rebates, discounts, or price concessions negotiated by the PBM, and the payment difference between health plans and PBMs and the PBMs and pharmacies. Subtitle B: Nursing Home Transparency and Improvement - Part I: Improving Transparency of Information - (Sec. 6101) Amends SSA title XI to require SNFs under Medicare and nursing facilities (NFs) under Medicaid to make available, upon request by the Secretary, the HHS Inspector General, the states, or a state long-term care ombudsman, information on ownership of the SNF or NF, including a description of the facility's governing body and organizational structure, as well as information regarding additional disclosable parties.(Sec. 6102) Requires SNFs and NFs to operate a compliance and ethics program effective in preventing and detecting criminal, civil, and administrative violations. Directs the Secretary to establish and implement a quality assurance and performance improvement program for SNFs and NFs, including multi-unit chains of facilities.(Sec. 6103) Amends SSA title XVIII (Medicare) to require the Secretary to publish on the Nursing Home Compare Medicare website: (1) standardized staffing data; (2) links to state websites regarding state survey and certification programs; (3) the model standardized complaint form; (4) a summary of substantiated complaints; and (5) the number of adjudicated instances of criminal violations by a facility or its employees.(Sec. 6104) Requires SNFs to report separately expenditures on wages and benefits for direct care staff, breaking out registered nurses, licensed professional nurses, certified nurse assistants, and other medical and therapy staff.(Sec. 6105) Requires the Secretary to develop a standardized complaint form for use by residents (or a person acting on a resident’s behalf) in filing complaints with a state survey and certification agency and a state long-term care ombudsman program. Requires states to to establish complaint resolution processes.(Sec. 6106) Amends SSA title XI to require the Secretary to develop a program for facilities to report direct care staffing information on payroll and other verifiable and auditable data in a uniform format based.(Sec. 6107) Requires the Comptroller General to study and report to Congress on the Five-Star Quality Rating System for nursing homes of CMS.Part II: Targeting Enforcement - (Sec. 6111) Amends SSA title XVIII (Medicare) to authorize the Secretary to reduce civil monetary penalties by 50% for certain SNFs and NFs that self-report and promptly correct deficiencies within 10 calendar days of imposition of the penalty. Directs the Secretary to issue regulations providing for an informal dispute resolution process after imposition of a penalty, as well as an escrow account for money penalties pending resolution of any appeals.(Sec. 6112) Directs the Secretary to establish a demonstration project for developing, testing, and implementing a national independent monitor program to oversee interstate and large intrastate chains of SNFs and NFs. (Sec. 6113) Requires the administrator of a SNF or a NF that is preparing to close to notify in writing residents, legal representatives of residents or other responsible parties, the Secretary, and the state long-term care ombudsman program in advance of the closure by at least 60 days. Requires the notice to include a plan for the transfer and adequate relocation of residents to another facility or alternative setting. Requires the state to ensure a successful relocation of residents.(Sec. 6114) Requires the Secretary to conduct two SNF- and NF-based demonstration projects to develop best practice models in two areas: (1) one for facilities involved in the “culture change” movement; and (2) one for the use of information technology to improve resident care.Part III: Improving Staff Training - (Sec. 6121) Requires SNFs and NFs to include dementia management and abuse prevention training as part of pre-employment initial training and, if appropriate, as part of ongoing in-service training for permanent and contract or agency staff.Subtitle C: Nationwide Program for National and State Background Checks on Direct Patient Access Employees of Long Term Care Facilities and Providers - (Sec. 6201) Requires the Secretary to establish a nationwide program for national and state background checks on prospective direct patient access employees of long-term care facilities and providers.Subtitle D: Patient-Centered Outcomes Research - (Sec. 6301, as modified by Sec. 10602) Amends SSA title XI to establish the Patient-Centered Outcomes Research Institute to identify priorities for, and establish, update, and carry out, a national comparative outcomes research project agenda. Provides for a peer review process for primary research. Prohibits the Institute from allowing the subsequent use of data from original research in work-for-hire contracts with individuals, entities, or instrumentalities that have a financial interest in the results, unless approved by the Institute under a data use agreement. Amends the Public Health Service Act to direct the Office of Communication and Knowledge Transfer at AHRQ to disseminate broadly the research findings published by the Institute and other government-funded research relevant to comparative clinical effective research. Prohibits the Secretary from using evidence and findings from Institute research to make a determination regarding Medicare coverage unless such use is through an iterative and transparent process which includes public comment and considers the effect on subpopulations. Amends the Internal Revenue Code to establish in the Treasury the Patient-Centered Outcomes Research Trust Fund. Directs the Secretary to make transfers to that Trust Fund from the Medicare Trust Funds. Imposes annual fees of $2 times the number of insured lives on each specified health insurance policy and on self-insured health plans. (Sec. 6302) Terminates the Federal Coordinating Council for Comparative Effectiveness Research upon enactment of this Act.Subtitle E: Medicare, Medicaid, and CHIP Program Integrity Provisions - (Sec. 6401, as modified by Sec. 10603) Amends SSA title XVIII (Medicare) to require the Secretary to: (1) establish procedures for screening providers and suppliers participating in Medicare, Medicaid, and CHIP; and (2) determine the level of screening according to the risk of fraud, waste, and abuse with respect to each category of provider or supplier.Requires providers and suppliers applying for enrollment or revalidation of enrollment in Medicare, Medicaid, or CHIP to disclose current or previous affiliations with any provider or supplier that: (1) has uncollected debt; (2) has had its payments suspended; (3) has been excluded from participating in a federal health care program; or (4) has had billing privileges revoked. Authorizes the Secretary to deny enrollment in a program if these affiliations pose an undue risk to it. Requires providers and suppliers to establish a compliance program containing specified core elements. Directs the CMS Administrator to establish a process for making available to each state agency with responsibility for administering a state Medicaid plan or a child health plan under SSA title XXI the identity of any provider or supplier under Medicare or CHIP who is terminated. (Sec. 6402) Requires CMS to include in the integrated data repository claims and payment data from Medicare, Medicaid, CHIP, and health-related programs administered by the Departments of Veterans Affairs (VA) and DOD, the Social Security Administration, and IHS. Directs the Secretary to enter into data-sharing agreements with the Commissioner of Social Security, the VA and DOD Secretaries, and the IHS Director to help identity fraud, waste, and abuse. Requires that overpayments be reported and returned within 60 days from the date the overpayment was identified or by the date a corresponding cost report was due, whichever is later. Directs the Secretary to issue a regulation requiring all Medicare, Medicaid, and CHIP providers to include their National Provider Identifier on enrollment applications. Authorizes the Secretary to withhold the federal matching payment to states for medical assistance expenditures whenever a state does not report enrollee encounter data in a timely manner to the state’s Medicaid Management Information System. Authorizes the Secretary to exclude providers and suppliers participation in any federal health care program for providing false information on any application to enroll or participate.Subjects to civil monetary penalties excluded individuals who: (1) order or prescribe an item or service; (2) make false statements on applications or contracts to participate in a federal health care program; or (3) know of an overpayment and do not return it. Subjects the latter offense to civil monetary penalties of up to $50,000 or triple the total amount of the claim involved.Authorizes the Secretary to issue subpoenas and require the attendance and testimony of witnesses and the production of any other evidence that relates to matters under investigation or in question.Requires the Secretary take into account the volume of billing for a durable medical equipment (DME) supplier or home health agency when determining the size of the supplier's and agency's surety bond. Authorizes the Secretary to require other providers and suppliers to post a surety bond if the Secretary considers them to be at risk.Authorizes the Secretary to suspend payments to a provider or supplier pending a fraud investigation.Appropriates an additional $10 million, adjusted for inflation, to the Health Care Fraud and Abuse Control each of FY2011-FY2020. Applies inflation adjustments as well to Medicare Integrity Program funding.Requires the Medicaid Integrity Program and Program contractors to provide the Secretary and the HHS Office of Inspector General with performance statistics, including the number and amount of overpayments recovered, the number of fraud referrals, and the return on investment for such activities.(Sec. 6403) Requires the Secretary to furnish the National Practitioner Data Bank (NPDB) with all information reported to the national health care fraud and abuse data collection program on certain final adverse actions taken against health care providers, suppliers, and practitioners. Requires the Secretary to establish a process to terminate the Healthcare Integrity and Protection Databank (HIPDB) and ensure that the information formerly collected in it is transferred to the NPDB.(Sec. 6404) Reduces from three years to one year after the date of service the maximum period for submission of Medicare claims.(Sec. 6405, as modified by Sec. 10604) Requires DME or home health services to be ordered by an enrolled Medicare eligible professional or physician. Authorizes the Secretary to extend these requirements to other Medicare items and services to reduce fraud, waste, and abuse.(Sec. 6406) Authorizes the Secretary to disenroll, for up to one year, a Medicare enrolled physician or supplier that fails to maintain and provide access to written orders or requests for payment for DME, certification for home health services, or referrals for other items and services. Authorizes the Secretary to exclude from participation in any federal health care program any individual or entity ordering, referring for furnishing, or certifying the need for an item or service that fails to provide adequate documentation to verify payment.(Sec. 6407, as modified by Sec. 10605) Requires a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant to have a face-to-face encounter with an individual before issuing a certification for home health services or DME. Authorizes the Secretary to apply the same face-to-face encounter requirement to other items and services based upon a finding that doing so would reduce the risk of fraud, waste, and abuse. Applies the same requirement, as well, to physicians making certifications for home health services under Medicaid. (Sec. 6408) Revises civil monetary penalties for making false statements or delaying inspections. Applies specified enhanced sanctions and civil monetary penalties to MA or Part D plans that: (1) enroll individuals in an MA or Part D plan without their consent; (2) transfer an individual from one plan to another for the purpose of earning a commission; (3) fail to comply with marketing requirements and CMS guidance; or (4) employ or contract with an individual or entity that commits a violation.(Sec. 6409) Requires the Secretary to establish a self-referral disclosure protocol to enable health care providers and suppliers to disclose actual or potential violations of the physician self-referral law. Authorizes the Secretary to reduce the amount due and owing for all violations of such law.(Sec. 6410) Requires the Secretary to: (1) expand the number of areas to be included in round two of the competitive bidding program from 79 to 100 of the largest metropolitan statistical areas; and (2) use competitively bid prices in all areas by 2016.(Sec. 6411) Requires states to establish contracts with one or more Recovery Audit Contractors (RACs), which shall identify underpayments and overpayments and recoup overpayments made for services provided under state Medicaid plans as well as state plan waivers. Requires the Secretary to expand the RAC program to Medicare parts C (Medicare+Choice) and D (Prescription Drug Program).Subtitle F: Additional Medicaid Program Integrity Provisions - (Sec. 6501) Amends SSA title XIX (Medicaid) to require states to terminate individuals or entities (providers) from their Medicaid programs if they were terminated from Medicare or another state’s Medicaid program.(Sec. 6502) Requires Medicaid agencies to exclude individuals or entities from participating in Medicaid for a specified period of time if the entity or individual owns, controls, or manages an entity that: (1) has failed to repay overpayments during a specified period; (2) is suspended, excluded, or terminated from participation in any Medicaid program; or (3) is affiliated with an individual or entity that has been suspended, excluded, or terminated from Medicaid participation.(Sec. 6503) Requires state Medicaid plans to require any billing agents, clearinghouses, or other alternate payees that submit claims on behalf of health care providers to register with the state and the Secretary.(Sec. 6504) Requires states to submit data elements from the state mechanized claims processing and information retrieval system (under the Medicaid Statistical Information System) that the Secretary determines necessary for program integrity, program oversight, and administration. Requires a Medicaid managed care entity contract to provide for maintenance of sufficient patient encounter data to identify the physician who delivers services to patients (as under current law) at a frequency and level of detail to be specified by the Secretary.(Sec. 6505) Requires a state Medicaid plan to prohibit the state from making any payments for items or services under a Medicaid state plan or a waiver to any financial institution or entity located outside of the United States.(Sec. 6506) Extends the period for states to recover overpayments from 60 days to one year after discovery of the overpayment. Declares that, when overpayments due to fraud are pending, state repayments of the federal portion of such overpayments shall not be due until 30 days after the date of the final administrative or judicial judgment on the matter.(Sec. 6507) Requires state mechanized Medicaid claims processing and information retrieval systems to incorporate methodologies compatible with Medicare’s National Correct Coding Initiative .Subtitle G: Additional Program Integrity Provisions - (Sec. 6601) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit employees and agents of multiple employer welfare arrangements (MEWAs), subject to criminal penalties, from making false statements in marketing materials regarding an employee welfare benefit plan’s financial solvency, benefits, or regulatory status. (Sec. 6603) Amends the Public Health Service Act to direct the Secretary to request NAIC to develop a model uniform report form for a private health insurance issuer seeking to refer suspected fraud and abuse to state insurance departments or other responsible state agencies for investigation. (Sec. 6604) Amends ERISA to direct the Secretary of Labor to adopt regulatory standards and/or issue orders to subject MEWAs to state law relating to fraud and abuse. (Sec. 6605) Authorizes the Secretary of Labor to: (1) issue cease-and-desist orders to shut down temporarily the operations of MEWAs conducting fraudulent activities or posing a serious threat to the public, until hearings can be completed; and (2) seize a plan's assets if it appears that the plan is in a financially hazardous condition.(Sec. 6606) Directs the Secretary of Labor to require MEWAs which are not group health plans to register with the Department of Labor before operating in a state. (Sec. 6607) Authorizes the Secretary of Labor to promulgate a regulation providing an evidentiary privilege that allows confidential communication among specified federal and state officials relating to investigation of fraud and abuse. Subtitle H: Elder Justice Act - Elder Justice Act of 2009 - (Sec. 6702) Amends SSA title XX (Block Grants to States for Social Services) with respect to elder abuse, neglect, and exploitation and their prevention. Requires the HHS Secretary to award grants and carry out activities that provide: (1) greater protection to those individuals seeking care in facilities that provide long-term care services and supports; and (2) greater incentives for individuals to train and seek employment at such facilities.Requires facility owners, operators, and certain employees to report suspected crimes committed at a facility. Requires facility owners or operators also to: (1) submit to the Secretary and to the state written notification of an impending closure of a facility within 60 days before the closure; and (2) include a plan for transfer and adequate relocation of all residents. Establishes an Elder Justice Coordinating Council. Subtitle I: Sense of the Senate Regarding Medical Malpractice - (Sec. 6801) Expresses the sense of the Senate that: (1) health reform presents an opportunity to address issues related to medical malpractice and medical liability insurance; (2) states should be encouraged to develop and test alternative models to the existing civil litigation system; and (3) Congress should consider state demonstration projects to evaluate such alternatives. Title VII: Improving Access to Innovative Medical Therapies - Subtitle A: Biologics Price Competition and Innovation - Biologics Price Competition and Innovation Act of 2009 - (Sec. 7002) Amends the Public Health Service Act to allow a person to submit an application for licensure of a biological product based on its similarity to a licensed biological product (the reference product). Requires the Secretary to license the biological product if it is biosimilar to or interchangeable with the reference product. Prohibits the Secretary from determining that a second or subsequent biological product is interchangeable with a reference product for any condition of use for specified periods based on the marketing of, and the presence or status of litigation involving, the first biosimilar biological product deemed interchangeable with the same reference product. Prohibits the Secretary from making approval of an application under this Act effective until 12 years after the date on which the reference product was first licensed. Subtitle B: More Affordable Medicine for Children and Underserved Communities - (Sec. 7101) Expands the 340B drug discount program (a program limiting the cost of covered outpatient drugs to certain federal grantees) to allow participation as a covered entity by certain: (1) children's hospitals; (2) freestanding cancer hospitals; (3) critical access hospitals; (4) rural referral centers; and (5) sole community hospitals. Expands the program to include drugs used in connection with an inpatient or outpatient service by enrolled hospitals (currently, only outpatient drugs are covered under the program). Requires the Secretary to establish reasonable exceptions to the prohibition on enrolled hospitals obtaining covered outpatient drugs through a group purchasing organization or other group purchasing arrangement, including for drugs unavailable through the program and to facilitate generic substitution when a generic covered drug is available at a lower price. Allows such hospitals to purchase covered drugs for inpatients through any such arrangement. Requires a hospital enrolled in the 340B drug discount program to issue a credit to a state Medicaid program for inpatient covered drugs provided to Medicaid recipients. (Sec. 7102) Requires the Secretary to: (1) provide for improvements in compliance by manufacturers and covered entities with the requirements of the 340B drug discount program; and (2) establish and implement an administrative process for resolving claims by covered entities and manufacturers of violations of such requirements. Requires manufacturers to offer each covered entity covered drugs for purchase at or below the applicable ceiling price if such a drug is made available to any other purchaser at any price. (Sec. 7103) Requires the Comptroller General to report to Congress on whether those individuals served by the covered entities under the 340B drug discount program are receiving optimal health care services. Title VIII: Class Act - Community Living Assistance Services and Supports Act or the CLASS Act - (Sec. 8002, as modified by Sec. 10801) Establishes a national, voluntary insurance program for purchasing community living assistance services and supports (CLASS program) under which: (1) all employees are automatically enrolled, but are allowed to waive enrollment; (2) payroll deductions pay monthly premiums; and (3) benefits under a CLASS Independence Benefit Plan provide individuals with functional limitations with tools that will allow them to maintain their personal and financial independence and live in the community.Title IX: Revenue Provisions - Subtitle A: Revenue Offset Provisions - (Sec. 9001, as modified by section 10901) Amends the Internal Revenue Code to impose an excise tax of 40% of the excess benefit from certain high cost employer-sponsored health coverage. Deems any amount which exceeds payment of $8,500 for an employee self-only coverage plan and $23,000 for employees with other than self-only coverage (family plans) as an excess benefit. Increases such amounts for certain retirees and employees who are engaged in high-risk professions (e.g., law enforcement officers, emergency medical first responders, or longshore workers). Imposes a penalty on employers and coverage providers for failure to calculate the proper amount of an excess benefit. (Sec. 9002) Requires employers to include in the W-2 form of each employee the aggregate cost of applicable employer-sponsored group health coverage that is excludable from the employee's gross income (excluding the value of contributions to flexible spending arrangements). (Sec. 9003) Restricts payments from health savings accounts, medical savings accounts, and health flexible spending arrangements for medications to prescription drugs or insulin. (Sec. 9004) Increases to 20% the penalty for distributions from a health savings account or Archer medical savings account not used for qualified medical expenses. (Sec. 9005, as modified by section 10902) Limits annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan to $2,500. Allows an annual inflation adjustment to such amount after 2011. (Sec. 9006) Applies to corporations reporting requirements for payments of $600 or more to persons engaged in a trade or business. (Sec. 9007, as modified by section 10903) Requires tax-exempt charitable hospitals to: (1) conduct a community health needs assessment every two years; (2) adopt a written financial assistance policy for patients who require financial assistance for hospital care; and (3) refrain from taking extraordinary collection actions against a patient until the hospital has made reasonable efforts to determine whether the patient is eligible for financial assistance. Imposes a penalty tax on hospitals who fail to comply with the requirements of this Act. Requires the Secretary of the Treasury to report to Congress on information with respect to private tax-exempt, taxable, and government-owned hospitals regarding levels of charity care provided, bad debt expenses, unreimbursed costs, and costs for community benefit activities. (Sec. 9008) Imposes an annual fee on the branded prescription drug sales exceeding $5 million of manufacturers and importers of such drugs beginning in 2010. Requires the HHS, VA, and DOD Secretaries to report to the Secretary of the Treasury on the total branded prescription drug sales within government programs within their departments. (Sec. 9009, as modified by section 10904) Imposes an annual fee on the gross sales receipts exceeding $5 million of manufacturers and importers of certain medical devices beginning in 2011. (Sec. 9010, as modified by section 10905) Imposes on any entity that provides health insurance for any United States health risk an annual fee beginning in 2011. Defines "United States health risk" as the health risk of an individual who is a U.S. citizen or resident or is located in the United States with respect to the period the individual is so located. Exempts entities whose net premiums written are not more than $25 million. Requires all entities subject to such fee to report to the Secretary of the Treasury on their net written premiums and imposes a penalty for failure to report. (Sec. 9011) Requires the VA Secretary to study and report to Congress by December 31, 2012, on the effect of fees assessed by this Act on the cost of medical care provided to veterans and on veterans' access to medical devices and branded prescription drugs. (Sec. 9012) Eliminates the tax deduction for expenses for determining the subsidy for employers who maintain prescription drug plans for Medicare Part D eligible retirees. (Sec. 9013) Increases the adjusted gross income threshold for claiming the itemized deduction for medical expenses from 7.5% to 10% beginning after 2012. Retains the 7.5% threshold through 2016 for individual taxpayers who have attained age 65 before the close of an applicable taxable year. (Sec. 9014) Imposes a limitation after December 31, 2012, of $500,000 on the deductibility of remuneration paid to officers, directors, employees, and service providers of health insurance issuers who derive at least 25% of their gross premiums from providing health insurance coverage that meets the minimum essential coverage requirements established by this Act. (Sec. 9015, as modified by section 10906) Increases after December 31, 2012, the hospital insurance tax rate by .9% for individual taxpayers earning over $200,000 ($250,000 for married couples filing joint tax returns). (Sec. 9016) Requires Blue Cross or Blue Shield organizations or other nonprofit organizations that provide health insurance to reimburse at least 85% of the cost of clinical services provided to their enrollees to be eligible for special tax benefits currently provided to such organizations. Subtitle B: Other Provisions - (Sec. 9021) Excludes from gross income the value of certain health benefits provided to members of Indian tribes, including: (1) health services or benefits provided or purchased by IHS; (2) medical care provided by an Indian tribe or tribal organization to a member of an Indian tribe; (3) accident or health plan coverage provided by an Indian tribe or tribal organization for medical care to a member of an Indian tribe and dependents; and (4) any other medical care provided by an Indian tribe that supplements, replaces, or substitutes for federal programs.(Sec. 9022) Establishes a new employee benefit cafeteria plan to be known as a Simple Cafeteria Plan, defined as a plan that: (1) is established and maintained by an employer with an average of 100 or fewer employees during a two-year period; (2) requires employers to make contributions or match employee contributions to the plan; and (3) requires participating employees to have at least 1,000 hours of service for the preceding plan year; and (4) allows such employees to elect any benefit available under the plan. (Sec. 9023) Allows a 50% tax credit for investment in any qualifying therapeutic discovery project, defined as a project that is designed to: (1) treat or prevent diseases by conducting pre-clinical activities, clinical trials, and clinical studies, or carrying out research projects to approve new drugs or other biologic products; (2) diagnose diseases or conditions to determine molecular factors related to diseases or conditions; or (3) develop a product, process, or technology to further the delivery or administration of therapeutics. Directs the Secretary of the Treasury to award grants for 50% of the investment in 2009 or 2010 in such a project, in lieu of the tax credit. Title X: Strengthening Quality, Affordable Health Care for All Americans - Subtitle A: Provisions Relating to Title I - (Sec. 10101) Revises provisions of or related to Subtitles A, B, and C of Title I of this Act (as reflected in the summary of those provisions). (Sec. 10104) Revises provisions of or related to Subtitle D of Title I of this Act (as reflected in the summary of those provisions). Makes changes to the False Claims Act related to the public disclosure bar on filing civil claims. (Sec. 10105) Revises provisions of or related to Subtitles E, F, and G of Title I of this Act (as reflected in the summary of those provisions). (Sec. 10108) Requires an offering employer to provide free choice vouchers to each qualified employee. Defines "offering employer" to mean any employer who offers minimum essential coverage to its employees consisting of coverage through an eligible employer-sponsored plan and who pays any portion of the costs of such plan. Defines "qualified employee" as an employee whose required contribution for such coverage and household income fall within a specified range. Requires: (1) a Health Insurance Exchange to credit the amount of any free choice voucher to the monthly premium of any qualified health plan in which the employee is enrolled; and (2) the offering employer to pay any amounts so credited to the Exchange. Excludes the amount of any free choice voucher from the gross income of the employee. Permits a deduction by employers for such costs. (Sec. 10109) Amends the SSA to require the HHS Secretary to seek input to determine if there could be greater uniformity in financial and administrative health care activities and items. Requires the Secretary to: (1) task the ICD-9-CM Coordination and Maintenance Committee to convene a meeting to receive input regarding and recommend revisions to the crosswalk between the Ninth and Tenth Revisions of the International Classification of Diseases; and (2) make appropriate revisions to such crosswalk.Subtitle B: Provisions Relating to Title II - Part I: Medicaid and CHIP - (Sec. 10201) Revises provisions of Subtitles A through L of Title II of this Act (as reflected in the summary of those provisions). Amends SSA title XIX (Medicaid) to set the FMAP for the state of Nebraska, with respect to all or any portion of a fiscal year that begins on or after January 1, 2017, at 100% (thus requiring the federal government to pay 100% of the cost of covering newly-eligible individuals in Nebraska). Directs the Comptroller General to study and report to Congress on whether the development, recognition, or implementation of any specified health care quality guideline or other standards would result in the establishment of a new cause of action or claim. (Sec. 10202) Creates a State Balancing Incentive Payments Program to increase the FMAP for states which offer home and community-based services as a long-term care alternative to nursing homes. (Sec. 10203) Amends SSA title XXI (CHIP) to make appropriations for CHIP through FY2015 and revise other CHIP-related requirements. Part II: Support for Pregnant and Parenting Teens and Women - (Sec. 10212) Requires the Secretary to establish a Pregnancy Assistance Fund for grants to states to assist pregnant and parenting teens and women. (Sec. 10214) Authorizes appropriations for FY2010-FY2019. Part III: Indian Health Care Improvement - (Sec. 10221) Enacts into law the Indian Health Care Improvement Reauthorization and Extension Act of 2009 (S. 1790) as reported by the Senate Committee on Indian Affairs in December 2009 and with the following changes. Amends the Indian Health Care Improvement Act, as amended by the Indian Health Care Improvement Reauthorization and Extension Act of 2009, to make an exception to the requirement that a national Community Health Aide Program exclude dental health aide therapist services. Declares that the exclusion of dental health aide therapist services from services covered under the national program shall not apply where an Indian tribe or tribal organization, located in a state (other than Alaska) in which state law authorizes the use of dental health aide therapist services or midlevel dental health provider services, elects to supply such services in accordance with state law. Subtitle C: Provisions Relating to Title III - (Sec. 10301) Revises provisions of Subtitles A through G of Title III of this Act (as reflected in the summary of those provisions). (Sec. 10323) Amends SSA title XVIII (Medicare) to deem eligible for Medicare coverage certain individuals exposed to environmental health hazards. Directs the Secretary to establish a pilot program for care of certain individuals residing in emergency declaration areas. Amends SSA title XX (Block Grants to States for Social Services) to direct the Secretary to establish a program for early detection of certain medical conditions related to environmental health hazards. Makes appropriations for FY2012-FY2019. (Sec. 10324) Establishes floors: (1) on the area wage index for hospitals in frontier states; (2) on the area wage adjustment factor for hospital outpatient department services in frontier states; and (3) for the practice expense index for services furnished in frontier states. (Sec. 10325) Revises the SNF prospective payment system to delay specified changes until FY2011. (Sec. 10326) Directs the Secretary to conduct separate pilot programs, for specified kinds of hospitals and hospice programs, to test the implementation of a value-based purchasing program for payments to the provider. (Sec. 10327) Authorizes an additional incentive payment under the physician quality reporting system in 2011 through 2014 to eligible professionals who report quality measures to CMS via a qualified Maintenance of Certification program. Eliminates the MedicareAdvantage Regional Plan Stabilization Fund. (Sec. 10328) Requires Medicare part D prescription drug plans to include a comprehensive review of medications as part of their medication therapy management programs. Requires automatic quarterly enrollment of qualified beneficiaries, with an allowance for them to opt out. (Sec. 10329) Requires the Secretary to develop a methodology to measure health plan value. (Sec. 10330) Directs the Secretary to develop a plan to modernize CMS computer and data systems. (Sec. 10331) Requires the Secretary to: (1) develop a Physician Compare website with information on physicians enrolled in the Medicare program and other eligible professionals who participate in the Physician Quality Reporting Initiative; and (2) implement a plan to make information on physician performance public through Physician Compare, particularly quality and patient experience measures. Authorizes the Secretary to provide financial incentives to Medicare beneficiaries furnished services by high quality physicians. (Sec. 10332) Directs the Secretary to make available to qualified entities standardized extracts of Medicare claims data for the evaluation of the performance of service providers and suppliers. (Sec. 10333) Amends the Public Health Service Act to authorize the Secretary to award grants to eligible entities to support community-based collaborative care networks for low-income populations. (Sec. 10334) Transfers the Office of Minority Health to the Office of the Secretary. Authorizes appropriations for FY2011-FY2016. Establishes individual offices of minority health within HHS. Redesignates the National Center on Minority Health and Health Disparities in NIH as the National Institute on Minority Health and Health Disparities. (Sec. 10336) Directs the Comptroller General to study and report to Congress on the impact on Medicare beneficiary access to high-quality dialysis services of including specified oral drugs furnished to them for the treatment of end stage renal disease in the related bundled prospective payment system. Subtitle D: Provisions Relating to Title IV - (Sec. 10401) Revises provisions of or related to Subtitles A, B, C, D, and E of Title IV of this Act (as reflected in the summary of those provisions). (Sec. 10407) Catalyst to Better Diabetes Care Act of 2009 - Requires the Secretary to prepare biennially a national diabetes report card and, to the extent possible, one for each state. Requires the Secretary, acting through the Director of CDC, to: (1) promote the education and training of physicians on the importance of birth and death certificate data and on how to properly complete these documents; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems in order to provide cost-effective, timely, and accurate vital systems data. Allows the Secretary to promote improvements to the collection of diabetes mortality data. Directs the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United States and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. (Sec. 10408) Requires the Secretary to award grants to eligible employers to provide their employees with access to comprehensive workplace wellness programs. (Sec. 10409) Cures Acceleration Network Act of 2009 - Amends the Public Health Service Act to require the Secretary, acting through the Director of NIH, to implement the Cures Acceleration Network under which grants and contracts will be awarded to accelerate the development of high need cures. Defines "high need cure" as a drug, biological product, or device: (1) that is a priority to diagnose, mitigate, prevent, or treat harm from any disease or condition; and (2) for which the incentives of the commercial market are unlikely to result in its adequate or timely development. Establishes a Cures Acceleration Network Review Board. (Sec. 10410) Establishing a Network of Health-Advancing National Centers of Excellence for Depression Act of 2009 or the ENHANCED Act of 2009 - Requires the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to: (1) award grants to establish national centers of excellence for depression; and (2) designate one such center as a coordinating center. Requires the coordinating center to establish and maintain a national, publicly available database to improve prevention programs, evidence-based interventions, and disease management programs for depressive disorders using data collected from the national centers. (Sec. 10411) Congenital Heart Futures Act - Authorizes the Secretary, acting through the Director of CDC, to: (1) enhance and expand infrastructure to track the epidemiology of congenital heart disease and to organize such information into the National Congenital Heart Disease Surveillance System; or (2) award a grant to an eligible entity to undertake such activities. Authorizes the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related Institute activities on congenital heart disease. (Sec. 10412) Reauthorizes appropriations for grants for public access defibrillation programs. Requires an information clearinghouse to increase public access to defibrillation in schools established under such program to be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death. (Sec. 10413) Young Women's Breast Health Education and Awareness Requires Learning Young Act of 2009 or the EARLY Act - Requires the Secretary, acting through the Director of CDC, to conduct: (1) a national education campaign to increase awareness of young women's knowledge regarding breast health and breast cancer; (2) an education campaign among physicians and other health care professionals to increase awareness of breast health of young women; and (3) prevention research on breast cancer in younger women. Requires the Secretary, acting through the Director of NIH, to conduct research to develop and validate new screening tests and methods for prevention and early detection of breast cancer in young women. Directs the Secretary to award grants for the provision of health information to young women diagnosed with breast cancer and pre-neoplastic breast diseases. Subtitle E: Provisions Relating to Title V - (Sec. 10501) Revises provisions of or related to Title V of this Act (as reflected in the summary of those provisions). Requires the Secretary, acting through the Director of CDC, to establish a national diabetes prevention program targeted at adults at high risk for diabetes. Directs the Secretary to develop a Medicare prospective payment system for payment for services furnished by federally qualified health centers. Requires the Secretary, acting through the Administrator of the HRSA, to establish a grant program to assist accredited schools of allopathic or osteopathic medicine in: (1) recruiting students most likely to practice medicine in underserved rural communities; (2) providing rural-focused training and experience; and (3) increasing the number of recent allopathic and osteopathic medical school graduates who practice in underserved rural communities. Directs the Secretary, acting through the Administrator of HRSA, to award grants or enter into contracts with eligible entities to provide training to graduate medical residents in preventive medicine specialties. Reauthorizes appropriations for public health workforce activities. Revises provisions related to fulfillment of service obligations under the National Health Service Corps related to half-time clinical practice and teaching. (Sec. 10502) Authorizes appropriations to HHS for debt service on, or direct construction or renovation of, a health care facility that provides research, inpatient tertiary care, or outpatient clinical services and that meets certain requirements, including that it is critical for the provision of greater access to health care within the state. (Sec. 10503) Establishes a Community Health Center Fund to provide for expanded and sustained national investment in community health centers. Authorizes appropriations to such Fund. (Sec. 10504) Requires the Secretary, acting through the Administrator of HRSA, to establish a demonstration project to provide access to comprehensive health care services to the uninsured at reduced fees. Subtitle F: Provisions Relating to Title VI - (Sec. 10601) Revises provisions of Subtitles A through E of Title IV of this Act (as reflected in the summary of those provisions).(Sec. 10606) Directs the U.S. Sentencing Commission to amend the Federal Sentencing Guidelines to provide two-level, three-level, and four-level increases in the offense level for any defendant convicted of a federal health care offense relating to a government health care program of a loss between $1 million and $7 million, between $7 million and $20 million, and at least $20 million, respectively. Provides that a person need not have actual knowledge of the prohibition against health care fraud nor specific intent to violate it in order to commit health care fraud. Expands the scope of violations constituting a federal health care offense. Amends the Civil Rights of Institutionalized Persons Act to authorize the Attorney General to require access to an institution by subpoena to investigate conditions depriving residents of specified constitutional or federal rights. (Sec. 10607) Authorizes the Secretary to award demonstration grants to states for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations. (Sec. 10608) Amends the Public Health Service Act to extend medical malpractice coverage to free clinics by deeming their officers, employees, board members, and contractors to be employees of the Public Health Service. (Sec. 10609) Amends the Federal Food, Drug, and Cosmetic Act to set forth circumstances under which a generic drug may be approved with a label different from the listed drug. Subtitle G: Provisions Relating to Title VIII - (Sec. 10801) Revises provisions of or related to Title VIII of this Act (as reflected in the summary of those provisions). Subtitle H: Provisions Relating to Title IX: (Sec. 10901) Revises provisions of or related to Title IX of this Act (as reflected in the summary of those provisions). (Sec. 10907) Amends the Internal Revenue Code to impose a 10% excise tax on any amount paid for indoor tanning services on or after July 1, 2010. Exempts phototherapy services performed by a licensed medical professional from the definition of "indoor tanning services." (Sec. 10908) Excludes from gross income any payments under the National Health Service Corps Loan Repayment Program and any other state loan repayment or forgiveness programs intended to increase the availability of health care services in underserved or health professional shortage areas. (Sec. 10909) Increases from $10,000 to $13,170 the dollar limitation on: (1) the tax credit for adoption expenses; and (2) the tax exclusion for employer-provided adoption assistance. Allows an inflation adjustment to such limitation after 2010. Makes such credit refundable. Extends through 2011 the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001 with respect to such credit and exclusion.

5793

This is the major health care reform bill, signed into law by President Obama on March 23, 2010. It would expand health care coverage to 31 million currently uninsured Americans through a combination of cost controls, subsidies and mandates. It is estimated to cost $848 billion over a 10 year period, but would be fully offset by new taxes and revenues and would actually reduce the deficit by $131 billion over the same period. The Democratic Policy Committee has posted <a href="http://dpc.senate.gov/dpcdoc-sen_health_care_bill.cfm">a summary and more information about the bill.</a> The Republicans have posted their own summary <a href="http://go2.wordpress.com/?id=725X1342&site=senatus.wordpress.com&url=http%3A%2F%2Frpc.senate.gov%2Fpublic%2F_files%2FL28HR3590HealthCare120209ac.pdf">here</a> (.pdf).

3746

2010-12-30T16:27:28-05:00

400380

613

1304917200

112

2011-05-09

1314

67508 110610 Expands the restrictions on federal funding for abortion services. true

1304544000

1295503200

834

5/4/2011--Passed House amended. No Taxpayer Funding for Abortion Act - Title I: Prohibiting Federally-Funded Abortions and Providing for Conscience Protections - (Sec. 101) Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Makes such prohibitions applicable to District of Columbia funds. Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions. Title II: Elimination of Certain Tax Benefits Relating to Abortion - (Sec. 201) Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. (Sec. 202) Excludes from the definition of "qualified health plan" after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. (Sec. 203) Excludes from the definitions of "qualified health plan" and "health insurance coverage," for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions. (Sec. 204) Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs). Exempts from the application of this title: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.

1991

This bill would make permanent and expand the <a href="http://en.wikipedia.org/wiki/Hyde_amendment">Hyde amendment restrictions</a> on the use of federal funds for abortions. It seeks to prohibit even indirect funding streams that may potentially come in contact with abortion services. For example, it would deny tax credits to companies that offer health plans that cover abortions and it would block anybody with insurance that covers abortions from receiving federal subsidies or medical cost tax deductions, even if the abortion portion is paid separately with personal funds. Women who use tax-free Medical Savings Accounts would have to pay taxes on the costs of abortions.

1927

2012-03-23T11:55:26-04:00

2204

400272

1332997200

112

2012-03-29

74715

2175

1333034160

1332133200

3/19/2012--Introduced.Repeal Big Oil Tax Subsidies Act - Amends the Internal Revenue Code to extend through 2012: (1) the tax credit for residential energy efficiency improvement expenditures, (2) the tax credit for the purchase of plug-in electric vehicles, (3) the tax credit for alternative fuel vehicle refueling property expenditures, (4) the income and excise tax credits for biodiesel and renewable diesel used as fuel and fuel mixtures, (5) the tax credit for production of electricity from refined coal production facilities, (6) the tax credit for the construction of new energy-efficient homes, (7) the tax credit for energy-efficient appliances, (8) the suspension of the income limitation on percentage depletion for oil and gas from marginal wells, (9) the excise tax credit for alternative fuels and fuel mixtures, and (10) the tax credit for mine rescue team training expenditures and the election to expense mine safety equipment. Extends through 2013: (1) the cellulosic biofuel producer tax credit, and (2) the special depreciation allowance for cellulosic biofuel plant property. Extends the tax credit for the production of electricity from wind resources through 2013 and from other renewable resources through 2014. Allows an increase in such credit for production from Indian coal facilities. Extends the tax credit for investment in wind facilities through 2013 and for investment in offshore facilities using wind to produce electricity through 2014. Increases the allocation of credits under the qualifying advanced energy project (i.e., the project for the production of renewable and alternative energy resources). Amends the American Recovery and Reinvestment Act of 2009 to extend through 2012 the grant program for investment in renewable energy resources in lieu of tax credits. Modifies the definition of "cellulosic biofuel," for purposes of the cellulosic biofuel producer tax credit and the bonus depreciation allowance, to mean any liquid fuel which is derived solely by, or from, qualified feedstocks. Defines "qualified feedstocks" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna. Limits or repeals certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels), including: (1) the foreign tax credit; (2) the tax deduction for income attributable to oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

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2012-03-30T06:32:34-04:00