Clean Air Act Revisions Impact Fire Protection

H. R. 1540
One Hundred Twelfth Congress of the United States of America

Begun and held at the City of Washington on Wednesday,  the fifth day of January, two thousand and eleven

An Act

To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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


(a) DIVISIONS.—This Act is organized into five divisions as follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—SBIR and STTR Reauthorization.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.



Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C–23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH–60M/HH– 60M helicopters and Navy MH–60R/MH–60S helicopters.
Subtitle C—Navy Programs

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

Subtitle D—Air Force Programs
Sec. 131. Strategic airlift aircraft force structure.

H. R. 1540—2

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

Subtitle E—Joint and Multiservice Matters

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


Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

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

Subtitle C—Missile Defense Programs

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

Subtitle D—Reports

Sec. 241. Extension of requirements for biennial roadmap and annual review and certification on funding for development of hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class replacement ballistic missile submarine.

H. R. 1540—3

Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC–46A aircraft acquisition program.
Sec. 245. Independent review and assessment of cryptographic modernization program.
Sec. 246. Report on increased budget items.

Subtitle E—Other Matters

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


Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Energy and Environmental Provisions

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

Subtitle C—Logistics and Sustainment

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

Subtitle D—Readiness

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

Subtitle E—Reports

Sec. 341. Annual certification and modifications of annual report on prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings.

H. R. 1540—64


(a) LIMITATION ON USE OF FUNDS.—None of the funds authorized to be appropriated by this Act may be used to make a final decision on or final adjudication of any claim filed regarding water contamination at Marine Corps Base Camp Lejeune 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 in writing to the Committees on Armed Services for the Senate and the House of Representatives. This provision does not prevent the use of funds for routine administrative tasks required to maintain such claims nor does it prohibit
the use of funds for matters pending in Federal court.

(b) RESOLUTION OF CERTAIN DISPUTES.—The Secretary of the Navy shall make every effort to resolve any dispute arising between the Department of the Navy and the Agency for Toxic Substances and Disease Registry that is covered by the Interagency Agreement between the Department of Health and Human Services Agency for Toxic Substances and Disease Registry and the Department of the Navy or any successor memorandum of understanding and signed agreements not later than 60 days after the date on which the dispute first arises. In the event the Secretary is unable to
resolve such a dispute within 60 days, the Secretary shall submit to the congressional defense committees a report on the reasons why an agreement has not yet been reached, the actions that the Secretary plans to take to reach agreement, and the schedule for taking such actions.

(c) COORDINATION PRIOR TO RELEASING INFORMATION TO THE PUBLIC.—The Secretary of the Navy shall make every effort to coordinate with the Agency for Toxic Substances and Disease Registry on all issues pertaining to water contamination at Marine Corps Base Camp Lejeune, and other exposed pathways before releasing anything to the public.


Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is amended—
(1) in paragraph (2), by striking ‘‘or’’ at the end;
(2) in paragraph (3), by striking the period at the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:  ‘‘(4) is listed as acceptable for use as a fire suppression agent for nonresidential applications in accordance with section 612(c).’’


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