NDAA for Fiscal Year 2012

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TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A--Military Construction Program and Military Family Housing Changes
P. L. 112-81	House Conference Report 112-329
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS. (a) Single Threshold for Use of Operation and Maintenance Funds- Subsection (c) of section 2805 of title 10, United States Code, is amended-- (1) by striking `(1) Except as provided in paragraph (2), the' and inserting `The'; and (2) by striking `not more than' and all that follows through the end of the subsection and inserting `not more than $750,000.'. (b) Extension of Special Laboratory Revitalization Authority- Subsection (d) of such section is amended-- (1) in paragraph (3), by striking `February 1, 2010' and inserting `February 1, 2014'; and (2) in paragraph (5), by striking `September 30, 2012' and inserting `September 30, 2016'. (c) Conforming Amendments- (1) CROSS REFERENCES REGARDING WORKING-CAPITAL FUNDS- Section 2208 of such title is amended-- (A) in subsection (k)(2)(A), by striking `section 2805(c)(1)' and inserting `section 2805(c)'; and (B) in subsection (o)(2)(A), by striking `section 2805(c)(1)' and inserting `section 2805(c)'. (2) CROSS REFERENCE REGARDING COST AND SCOPE OF WORK VARIATIONS- Section 2853(a) of such title is amended by striking `section 2805(a)(1)' and inserting `section 2805(a)'. (3) CROSS REFERENCE REGARDING NOTICE AND WAIT REQUIREMENTS FOR RESERVE PROJECTS- Section 18233a(b)(2)(B)(ii) of such title is amended by striking `section 2805(a)(2)' and inserting `section 2805(a)'. (4) CROSS REFERENCE REGARDING USING OPERATION AND MAINTENANCE FUNDS FOR SMALL RESERVE PROJECTS- Section 18233b of such title is amended by striking `not more than' and all that follows through the end of the section and inserting `not more than the amount specified in section 2805(c) of this title.'.	Modification of authority to carry out unspecified minor military construction projects (sec. 2802) The House bill contained a provision (sec. 2802(a) through (d)) that would increase the authority provided by section 2805 of title 10, United States Code, and establish a $3.0 million threshold requiring specific military construction authorization. This provision would also amend section 2805 by extending certain temporary authorities associated with defense laboratories. The Senate amendment contained a similar provision (sec. 905(c) and (d)) making certain temporary authorities associated with defense laboratories permanent. The Senate recedes with a clarifying amendment.
	House Report 112-078
	SECTION 2802--MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS This section would increase the authority provided by section 2805 of title 10, United States Code, and establish a $3,000,000 threshold requiring specific military construction authorization. This provision would also amend section 2805 by extending certain temporary authorities associated with defense laboratories.
	Senate Report 112-26
	Defense laboratory matters (sec. 905) This provision contains four sections. The committee recommends a provision to make permanent the direct hiring authority of scientists and engineers with advanced degrees that was authorized in section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417). With the Department of Defense's current scientific and technical workforce aging, coupled with the highly competitive nature of hiring scientists and engineers outside of the Department, this authority has proven to be extremely valuable. The committee recommends a provision to make permanent the mechanism to provide funds for defense laboratories for research and development of technologies for military missions, authorized by section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. The mechanism allows defense laboratory directors to use up to 3 percent of all funds available to the laboratory to conduct research, fund transition programs, develop the workforce, or revitalize and recapitalize infrastructure. This authority is already proving to be a powerful tool for lab directors and the expiration date should be removed to empower them with the ability to use this authority in a more strategic and effective manner. The committee recommends a provision to make permanent the authorities of section 2805(d) of title 10, United States Code, that allows defense laboratories to carry out unspecified minor construction of projects up to certain limits. This authority has been useful for the revitalization and recapitalization of the aging infrastructure of the defense laboratories and helps to alleviate the situation where their needs typically are ranked of lower priority compared to other military construction requirements. Lastly, the committee recommends a provision to direct the Secretary of Defense to conduct an assessment of the military construction needs of the defense laboratories for their revitalization and recapitalization. The defense laboratories are national assets and many of them, with infrastructure constructed more than a half a century ago, are facing challenges in the conduct of their missions due to aging infrastructure.

SECTION 2802--MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS